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Intergraph approval: or (3) Equipment has <br />been reinstalled at a new location <br />unacceptable to Intergraph. <br />(g) If, in Intergraph's opinion, indWidual items of <br />Equipment under ibis Agreement cannot be <br />properly or economically repaired on-site due <br />to excess wear or deterioration, or the <br />Equipment has reached the end of normal <br />lifetime or maximum usage levels as defined <br />by the manufacturer, Intergraph may at its <br />discretion recommend refurbishment. or <br />replacement. Upon request. from the <br />Customer, Intergraph will provide a written <br />estimate of refurbishment chazges and the <br />related shipping and insurance ehazges. <br />Refurbishment will be accomplished on <br />Customer premises ff feasible and <br />economically reasonable, otherwise <br />Equipment will be returned to Intergraph or <br />manufacturer for refurbishment. All chazges <br />for parts, idts, and labor for refurbishment <br />shall be borne by Customer- An alternate ~ -- <br />quotation for replacing the Equipment with a <br />refurbished or new unit on a direct exchange <br />basis will be provided by request. Intergraph <br />is not responsible for providmg a temporary <br />replacement unit for Customer's use during <br />refurbishment or replacement. Intergraph <br />reserves the right to withdraw maintenance <br />service for a particular item of Equipment if <br />Customer faits to accept the terms and <br />charges for refurbishment or exchange. in the <br />event Intergraph withdraws maintenance for <br />a particular item of Equipment, the charges <br />pertaining to such item of Equipment shalt he <br />prorated for the remaining term of this <br />Agreement, and, if prepaid, refunded to <br />Customer. <br />At intergmph's option, warranty and <br />warranty upgrade parts and services may be <br />withheld if a maintenance provider. who is <br />not certified by the OEM hardwaze vendor, <br />maintains or otherwise services a system <br />under warranty or service contract by <br />Intergraph. <br />Product trairring <br />System-level tuning and optimization <br />(b <br />(D <br />G) <br />7.2 Ear]uded .^-otfware Srcyices <br />Support services aze Iimited to specific softwaze <br />products listed on the Quote and fimctionmg on fire <br />appropriate Intergraph supported operating system. <br />Software support for the foIlowing Is outside the scope <br />of this Agreement and may be available under Per-Call <br />Service: <br />(a) Installation <br />(b) NetworkwnSgtuakon <br />(c) System-level tuning and optunization <br />(d) Progranvnmg or soltw-are development <br />(e) Application customization <br />(f) Product training <br />Software Support provided b3' Intergraph under the <br />Agreement shall not include support calls that are <br />necessary due to failure of software not suppled by <br />interp~aph and not covered irr the Agreement <br />8.0 CUSTOMER RESPONSIBIIITIES <br />I>urirrg the Coverage Period of the Agreement, <br />Customer shall commit to the fo-owing: <br />(d) Customer fs responsble forbacidng up alt systems <br />- sofiwan;, applications, and user data fIles prior to <br />commencement of anyrepair services. <br />(b) 1n the event Custer should obtain additional <br />tnterppaph sottwaze license(s) from an authorized <br />reselier, or by anY other rnarmer, Customer agrees <br />to notify Intergraph about the newly acquired <br />software licensee(s). In response. hrtergraph w.Ill <br />Provide fire Customer with an add-on Quote <br />_ reflecting the effective date of services and charges <br />for the additional sofhvare license(s). <br />(e) Customer warrant that for aII sofhvare Hc¢ri.,es <br />~PI~rted under the Agreement, all 15[ce software <br />licenses in the possession of the Customer and <br />located at fire site referenced on the quote are <br />listed on the Quote. tf alt like software licenses aze <br />not lLSterl on the Quote, Customer agrees to notify <br />Intergraph so that Intergraph may issue a revised <br />Qllot£ ~ the CnetD[ner. C<jstAmCC aI50 Vldlrant <br />that all prerequisite Intergraph software licenses <br />necessary M operate the software supported under <br />the Agoeement are listed on the quote. <br />(d) cuerVlr2s provided herein must be viii».ed only for <br />the quantity of hceoses listed on the quote. <br />9.0 SERVICES 1AARRANTTG (.iryp ymma~xax <br />OF IdABIL17`Y <br />Product warranties areas provided in the Security. <br />Government & htftastructure g4rms and Conditions of <br />Sale and the EYrd-User ]lcense Agreement and Ianfited <br />Product Warranty for Intergraph Corporation SoRware <br />Pr'gductjs), and/or in other contractual document, as <br />applicable. 'Ihe followingwarranpes apply to the <br />Services described irr these'Ibnns and Conditions. <br />Page S of 7 <br />