INFOR (US) INC. (FORMERLY LAWSON SOFTWARE) 2 - 2008

Home Browse Search

11SECTION 1 - MAINTENANCE LEVEL The standard maintenance level is Total Care Bronze as defined in the Support Operations Handbook. Unless Customer chooses Total Care Silver or Total Care Gold, Customer's maintenance level is Total Care Bronze. All Products licensed under the Agreement must have the same maintenance level. SILVER (as defined in the Support Operations Handbook) GOLD (as defined in the Support Operations Handbook and applicable Gold Services Order Form) Customer must purchase the same level of Maintenance for all Products licensed by Customer at any time. SECTION 2.0 - TERMS AND PRODUCT ORDER FORM LISTING The following terms apply to the Products listed In this Section 2.0. 2.0.1 Initial Maintenance Period. If the Lawson- Maintained Products are delivered On or between June 1 and February 29, the "Initial Maintenance Period" forthose Products will commence on delivery and end on the first May 31st that occurs after delivery. If the Lawson- Maintained Products are delivered on or between March 1 and May 31, the "Initial Maintenance Period" for those Products will commence on delivery and end on the first May 31 st that occurs more than 11 months after delivery. 2.0.2 "Maintenance Fees" for Initial Maintenance Period. The annualized "Maintenance Fees" for the Initial Maintenance Period are: (a) 20% of the net amount of the line item "Lawson License Fee' for each Lawson- Maintained Product that is a Lawson Product, less any applicable License fee discount and (b) the then-current fee for each Lawson- Maintained Products that is a Third Party Product. 2.03 "Maintenance Fees" for First Annual Renewal Of Maintenance. "Maintenance Fees" for the first 12 months of renewed Maintenance after the Initial Maintenance Pedod are: (a) 20% of the net amount of the line item "Lawson License Fee" for each Lawson - Maintained Product that is a Lawson Product, less any applicable License fee discount, and (b) the then - current fee for each Lawson- Maintained Product that is a Third Party Product. 2.0.4 For Lawson - Maintained Products added to the Agreement without a "Lawson License Fee" charge ( "N /C "), the annualized "Maintenance Fees" for the first 12 months of Maintenance of those Products are: (a) 18% of the then - current list price for each of those Lawson Maintained Products that are a Lawson Product and (b) the then-current fee for each of those Lawson- Maintained Products that are a Third Party Product. 2.0.5 If Customer and Lawson enter into another Product Order Form to increase the Maximum Use Designations for any Lawson - Maintained Products (the "Usage Increases "), a pro rata portion of the annualized Maintenance Fees for the Usage Increases will be payable as of the effective date of the Usage Increase Product Order Form as payment of Maintenance for the Usage Increases through the end of the then current Maintenance Period. 2.0.8 Maintenance Fees for Annual Renewals. If Specified Customer continues to renew available Maintenance for all Lawson - Maintained Products listed in the Schedule(s) to this Product Order Form ( "POF "), during the first year after the Effective Date of this POF, the percentage increase in the annual Maintenance Fee will not exceed 4% of the previous year's annual Maintenance Fee. If Specified Customer continues to renew available Maintenance for all Lawson - Maintained Products listed in the Schedule(s) to this POF, during the second through the tenth years after the Effective Date of this POF, the percentage increase in the annual Maintenance Fee for each annual renewal period will not exceed CPI plus 4% of the previous year's annual Maintenance Fee. "CPI" means the then current annual Consumer Price Index, All Urban Consumers percentage, or equivalent index published by the United States Department of Labor, and CPI will apply starting with the second renewal of Maintenance. The above cap on annual Maintenance Fee increases does not apply to any Products or users licensed after the Effective Date of this POF. Annual Maintenance Fees are payable 30 days before renewal each year. PRODUCT ORDER FORM LISTING S3 UNIX/NT ONLY S3 PRODUCT ORDER FORM UNIXINT Rwi""d Nw162007v 2 or a