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C. SEVERITY 3 -SOME OPERATIONAL IMPACT <br />Important features of the Software are unavailable, but an alternative solution <br />is available or non-essential features of the Software are unavailable with no <br />alternative solution. The End User impact, regardless of product usage, is <br />minimal loss of operational functionality or implementation resources. <br />CommSys will commence work on resolving the deficiency within one (1) <br />business day of notification and will engage staff during business hours until <br />an acceptable resolution is achieved. <br />D. SEVERITY 4 -MINIMAL OPERATIONAL IMPACT <br />End User submits a Software information request, software enhancement or <br />documentation clarification which has minimal to no operational impact. The <br />implementation or use of the Software by the End User is continuing and <br />there is minimal to no negative impact on productivity. CommSys will provide <br />an initial response regarding the request within one (1) business week. <br />This Agreement is not intended as a consulting agreement for End User services. <br />With respect to severity one (1) reported deficiencies, CommSys may, with the <br />concurrence of the End User, elect to send senior support or development staff <br />to the End User location to accelerate problem resolution. CommSys will be <br />responsible for the costs associated with this escalated problem resolution if the <br />problem is determined to be related to supported Software. If it is determined that <br />the problem was not related to the supported Software, the End User agrees to <br />pay reasonable travel and lodging expenses in addition to CommSys's standard <br />consulting rates. Travel time will be charged at consulting rates. <br />3. Maintenance <br />During the term of this Agreement, CommSys will provide the End User with <br />copyrighted updates, releases, service packs, and new versions of the Software <br />along with other generally available technical material. These maintenance <br />materials including the Software may not be used to increase the licensed <br />number of versions or copies of the Software. The End User agrees not to use or <br />transfer the prior version but to destroy or archive the prior version of the <br />Software. <br />All updates, releases, service packs, and new versions shall be subject to the <br />license agreement related to the Software. <br />4. Warranty <br />CommSys will undertake all reasonable efforts to provide technical assistance <br />under this Agreement and to rectify or provide solutions to problems where the <br />Software does not function as described in the Software documentation, but <br />©Copyright 2006 CommSys Incorporated Page 3 <br />Proprietary & Confidential Information <br />