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use, or this Agreement (including sales and use taxes) are the additional obligation of Licensee. If Licensee is tax exempt, a copy of said exemption must accompany the Product Schedule(s). TERM AND TERMINATION: This Agreement is effective until terminated. Either party shall have the right to terminate If (i) the other party commits a material breach of this Agreement and fails to remedy such breach within thirty (30) days after written notice of such breach; or (11) a petition alleging insolvency is filed by or against a party, or a receiver is appointed for any part of a party's business, or Its assets are assigned for the benefit of Its creditors. Upon termination of this Agreement, the license and all other rights granted to Licensee hereunder shall Immediately cease, and Licensee shall immediately: (1) return the Product to CG4 together with all reproductions of the Product and all copies of Documentation and other materials associated with the Product; (II) purge all copies of the Product or any portion thereof from all handheld computer devices, CPUs, network servers and any other computer storage device or medium on which Licensee has placed or permitted others to place the Product; (Iii) pay CG4 all amounts due and payable up to the date of termination; and (iv) give CG4 a written certification that Licensee has compiled with all of Its obligations under (1) through (Ili) of this Section. 004's termination of this Agreement and/or repossession of the Product shall be without prejudice to any other remedies that CG4 may lawfully have. ANNUAL MAINTENANCE SERVICES: Annual "Maintenance" is available through CG4 for an additional fee. If Licensee is enrolled in Maintenance, subject to the other terms and conditions of this Agreement, CG4 shall (1) supply corrections to Licensee to correct Product malfunctions In order to bring the Product Into conformity with the then current published specifications as set out in the Documentation for the most current edition of the Product unless such malfunctions have been caused by modifications of the Product made by Licensee or a third party under the direction of Licensee or unless Licenser's modifications prohibit or hamper such corrections; ([I) provide Licensee with technical support to answer operational questions and to report irregularities within the Product (such services are avallable during the normal business hours for the CG4 support center located In Utah, Monday through Friday, excluding regularly scheduled holidays of CG4); (Iii) supply, so tong as commercially feasible, updated Product as necessary to operate under new releases of the operating system or database for which the Product was designed (CG4 shall provide Licensee with twelve (12) month written notification in the event support for a particular operating system or database will be terminated); (iv) supply all extensions, enhancements and other changes that CG4 deems to be logical improvements or extensions that are incorporated into the Product and that CG4 elects to generally furnish without additional charge to all licensees enrolled in Maintenance for the particular Product (Licensee shall receive one (1) copy of each such extension, enhancement or other changes, at no additional charge and CG4 shall provide reasonable assistance with technical support issues that arise during the installation of each such extension, enhancement or other change); and (v) replace the Product at no charge if the media becomes destroyed or damaged to such an extent that the Product becomes unusable. The Maintenance program set forth above shall apply to the most recent generally available Release or Version of the Product ("N") as well as the Immediately preceding Release or Version ("N-1 "). Licensee understands and agrees that CG4's obligation to support the Release or Version immediately preceding N-1 ("N-2") shallbe limited to technical support only (as set forth in Subsection (ii) in the paragraph above) and that CG4 shalt not be obligated to support any Release or Version of the Product that is older than N-2. For purposes of this paragraph, the term "Release" shall be defined as a specific edition of the Product, designated by a number located to the left of the first decimal point (such as Release 1,x or Release 2.x), and the term "Version" shall be defined as a specific edition of the Product, designated by a number [coated to the right of the first decimal point (such as Version x,1 or Version x.2). For purposes of clar fication, where the Product was originally released at 1,0 then went to Version 1. 1, and then to Version 1.5, and then to Release 2.0, CG4 would provide full support for Release 2.0 and Version 1.5, limited technical support for Version 1.1 and no support for Release 1.0. Versions and Releases may be referred to with or without decimal points. Licensee may order the first year's annual Maintenance through CG4 or an authorized business partner. Once enrolled In Maintenance, CG4 will Invoice Licensee annually for Maintenance services. If Licensee elects to continue the service; Licensee shall pay the Invoice directly to CG4 prier to expiration of the then current Maintenance period Licensee may cancel its enrollment in Maintenance by giving notice to CG4 of such cancellation at least thirty (30) days prior to the anniversary date of Maintenance. Cancellation of Maintenance shall apply to an entire product suite only. In the event Maintenance is terminated by Licensee, Licensee may re -enroll in Maintenance by paying a reinstatement fee equal to the total Maintenance fees that would have been paid had Licensee not terminated Maintenance services or the then current license fee for the applicable Product, whichever is less. In addition, Licensee must pay the annual charge for Maintenance for the next year in advance. Termination of Maintenance services will not terminate Licensee's right to continue to use the Product under the provisions herein. 72016 C048ohnlw,e, lne. All MOM tiesmod, Thin doma.ot's PROPRIETARY and CONFIDENTIAi,sod any not Jo duplicated, tetlisfinbuW, o"llsplayedio any tlJM pmly witlwW tho expressed w0 teapennls"hn of C04 NO 70M