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CP CIVICPLUS' <br /> 28. CivicPlus provides live support engineers based in the domestic United States to respond to basic questions <br /> concerning use and configuration, to diagnose software code-related errors, and proactively identify potential systems <br /> issues.CivicPlus support engineers serve a preliminary function in the agile development process and escalate defects to <br /> software developers or architects for remediation.For security purposes,CivicPlus support engineers are not permitted to <br /> modify user accounts, and permissions nor distribute access outside of accounts established by means of a support <br /> interaction for testing. Customer delegated Users may receive tutorials and guidance on account modifications but will <br /> perform the action themselves. <br /> 24. CivicPlus support hours span between the hours of 7 am to 7 pm CST, but may vary by product. Customer may <br /> access the CiviePlus Help Center(civicplus.help) to obtain each product's support hours.After hours support is available <br /> by toll-free phone call only.Non-emergency support requested outside of support hours will be subject to additional fees, <br /> such fees will be quoted to Customer at the time of the request and will be subject to Customer acceptance and invoiced <br /> the next business day following the non-emergency support. CivicPlus shall have the sole discretion to determine in good <br /> faith whether support requests qualify as an emergency,exceed reasonable use or are outside the scope of services outlined <br /> in any SOW. <br /> 30. If a reported problem cannot be solved during the first support interaction,Customer will be provided a ticket number <br /> that will be used as communication method throughout ticket escalation until a solution is provided. Support service does <br /> not include support for errors caused by third party products or applications for which CiviePlus is not responsible. <br /> Marketing <br /> 31. Customer hereby authorizes CivicPlus to include CivicPlus's name and logo inconspicuously within the Customer's <br /> instance of the Services. Customer may publicly refer to itself as a customer of the CiviePlus Services, including on <br /> Customer's websitc and in sales presentations.Notwithstanding the foregoing,each Party hereby grants the other a limited, <br /> worldwide,license to use the other's logo in conformance with such Party's trademark usage guidelines and solely for the <br /> purposes of providing the Services. In no event will either Party issue a press release publicly announcing this relationship <br /> without the approval of the other Party,such approval not to be unreasonably withheld. <br /> Limitation of Liability <br /> 32. CivicPlus'liability arising out of or related to this Agreement,or any associated SOW,will not exceed or three times <br /> the amount paid by Customer for the Annual Recurring Services in the year prior to such claim of liability. <br /> 33. In no event will CivicPlus be liable to Customer for any consequential, indirect, special, incidental, or punitive <br /> damages arising out of or related to this Agreement. <br /> 34. The liabilities limited by Section 32 and 33 apply:(a)to liability for negligence;(b)regardless of the form of action, <br /> whether in contract,tort,strict product liability,or otherwise;(e)even if Customer is advised in advance of the possibility <br /> of the damages in question and even if such damages were foreseeable; and(d)even if Customer's remedies fail of their <br /> essential purposes. If applicable law limits the application of the provisions of this Limitation of Liability section, <br /> CivicPlus' liability will be limited to the maximum extent permissible. <br /> Warranties and Disclaimer <br /> 35. Each person signing the SOW,or otherwise agreeing to the terms of this Agreement,represents and warrants that he <br /> civicpluS.eom 1302 South 41n Street, Suite 500 I Manhattan, KS 66502 1 888-228-2233 <br />