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cion sapport hours at any Ilma, Client may purchase addl.
<br />Hanel flours at Yarel's iharncuneni prevailing application
<br />support rate at the time Client needslhehoura.
<br />L Application Support Hours, Yardi's application
<br />support hours are tram 9:00 am to 4:00 pm (Pacgh, Time)
<br />Monday through Friday (excluding holidays).
<br />g, priority,
<br />(1) Yardi shell have the right to prioritize application
<br />support requestsaccording to the application support Issue's
<br />Impactor client, Yardl will prioritize application support re-
<br />quests In the following order,
<br />Priority t: Business halted (latah Inability to perform normal
<br />Rparatan}
<br />« Ciont will submit support requests by telephone to
<br />Yardl's apptlbatlon support PrAmber.
<br />• fiesponsl as rapid as reasonably feaal@le gen.
<br />orally wlgtln2 business hours.
<br />Priority 2; Business impacted (severe rash otlpn of Ctanta
<br />Use of the Llcansed Programs — a potentally tell"[ prat.
<br />[am)
<br />• Client will submit support requests by telephone to
<br />Yardrs application support ngmbor,
<br />• Prompt response subject Only 10 delays for priority
<br />I Issues, generally within 4business hour,.
<br />Prmdiy 3: Non,oritool servica mucous (any tied, that Is not
<br />a Priority 1 or priority issue)
<br />•
<br />Client will submit support request bytelacdmmuni.
<br />cations to Yardl application support.
<br />• Respires subject to delays for priority I and 2 is-
<br />sues, ganorally within 1 business day:
<br />tl) Yard[ will work On Priority n and 2 issues with
<br />continuous haws, and with Chant's cooperation, through
<br />resolution.
<br />to Software Upgrades, Yardf will
<br />avaliabie to Client (at nc'addifional coat
<br />upgraded and current versions of the
<br />which will Include detractions, commit
<br />provemonts. Client reserves she not to
<br />corrodes of the l.lconaod Programs: rmr
<br />YOWL reserves the right to cease applies
<br />as for versions of the Licensed Programa
<br />aider than the Leftist version of the Liter,
<br />anally released to Yardrs clients.
<br />1. Standard Term-. Application support sorvfces are
<br />subject to (late Agreement's terms and timely payment at all
<br />UndisPOILOd. Faze. Subject to Lila aeafon 3(0) (Tarmhomin
<br />for Cauca, notice and auto. provisions, Yardl may suspend
<br />Irillotan support somicesifclient falls to timely make any
<br />Undisputed Fee payment.
<br />on the
<br />if and
<br />right to cease
<br />vices in accord with this section 70) (Obsolescence)
<br />B. offits,031g,
<br />e, Client. pats Storage. Subject to Force Majeure
<br />Events, Yardl agrees to store all Client Date on Ya,i pro
<br />may carver end back-up servers, During tills AtimemenYa
<br />tarn, Client grant$ to Yardl a non•exolualvo Ilcense to repro.
<br />dote Client Data on Yardrs primary server and back+up
<br />servers solely for Cllanl to use Client Data In connection with
<br />Client's Use of the Licensed programa Nohvlthaianding the
<br />foragcing, If any Client Data Is lost for any reason. Yardl
<br />agrees to use commarclatiy reasonable efforts to recover
<br />lost Client Data end Win serial Client In Identifying lost Cllent
<br />Data,
<br />b, Limited Liability for Unauthorized Client Data
<br />Access, Yardlapreas to use (1) growers and other toohnol.
<br />ogy generally used In the trade toprevent unauthorized Sv
<br />Pottyaccessto Its curricular systems storing Client Cala,
<br />and (t) available ancrypifon technology generally used In the
<br />trade to prevent unauthorized 3's party access to Client pats
<br />lmanamissions, Notwithstanding the foregoing,. Yard! shall
<br />not be liable 10 Client In the event that (A) its use of 11raweils
<br />and other technology generally used in the trade fails to
<br />Prevent unauthorized third party abcesu to Client Data, a
<br />W Ila use of encrypgmr technology oanareny used in the
<br />trade fails to prevent unauthorized turd parry access to
<br />Client Data transmissions, Nothing in this seoton ago) (LI-
<br />mttad Liabtlty for Unauthodzad Client Data Access) shall
<br />cronsUlu(o arppresenlatidn at warranty by Yardl that Client
<br />Data storage or transmission will be InaccesOble to unauira
<br />dzed third parties.
<br />G' Chant Data Backup; plant Dole Fairlawn. Subject
<br />to Force Majeure Event$, Yard) will: (1) execute (A) nighty
<br />database backups to bactogi sower, 1)trtcrmnmrtai data
<br />base transaction hep gla backups every 30 minutes to a
<br />backup server, (C) weekly backups of all Client Data and the
<br />default path to a backup server; and (D) nightly Incremental
<br />eacttO rs of the default path to a backup server; (11) mph,,,,
<br />Offset's database and default pats to an off-site location go.,
<br />other, than the phmary data center), and (Ile drive the last 14
<br />tightly dalabeso backups on a secure transrer server(l a„ at
<br />My given. Uma, the fast 14 nightly database beckons will be
<br />m the sedum transfer server)from which client may remove
<br />9, Cgnfidentrat(ty,
<br />o ConfJfhmLJal lnfRmsatfan paflnhidn, "Confidential
<br />Information" means alltechnical slid non•teanMnat Informe.
<br />don Including: (t) Cllent Dum, (11) patent, copyright, trade
<br />so at, and. other praprs Information, (ft), Inventions,
<br />know -Ileo, prdooasod orelgarithma, (Iv) auftidom programs,
<br />software source donumanal, object code, sours, code, data -
<br />beat dtetionarias; network diagrams,. UML diagrams, Lk
<br />PanePrograms Documentation, (v) development, design
<br />details and specilicadons, (vi) a party's flnemGel Information,
<br />(vi) customer list$, business forecasts, sates and marketing
<br />Plana and informallon, Of) theprices offered or paid per
<br />lite Agroaraentfor Yardl's products and services, (Ix) SAS70
<br />ropeneand toy Information related to SAS70 repctta, (X) oils
<br />4greement'a terms, mei (xl) any other-Informoton disclosed
<br />ry a party, or to which a party Is exposed because at this
<br />4graoment, that the disclosing party idonugae as wngd,,Uai
<br />rt Ile time of disclosure orwouh—by Its nature- reasonably
<br />Yar�Cllont. 4�Can ntia,
<br />t
<br />Opts of Preparation: July'2J, 2009 7:22 AM
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