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3. Maintenance
<br />a. Scope of Maintenance. During the Maintenance Term, KIOSK agrees to provide basic
<br />maintenance services in support of the Licensed Software product platform specifically
<br />identified on Schedule A ("Maintenance"). If no Licensed Software is listed on Schedule A,
<br />nothing beyond basic maintenance will be provided. Basic maintenance services shall
<br />consist of:
<br />1 Error Correction. KIOSK shall be responsible for using all reasonable diligence to
<br />correct verifiable and reproducible Errors when reported to KIOSK in accordance
<br />with its standard reporting procedures. The Error Correction, when completed, may
<br />be provided in the form of a "temporary fix," consisting of sufficient programming
<br />and operating instructions to implement the Error Correction.
<br />ii The Client is responsible for procuring, installing, and maintaining all equipment,
<br />telephone lines, communications interfaces, and other hardware necessary to
<br />operate the Licensed Software and to obtain maintenance services from KIOSK.
<br />KIOSK will not be responsible for delays caused by events or circumstances beyond
<br />its reasonable control.
<br />iii New Releases. KIOSK may, from time to time, issue new Releases of the Licensed
<br />Software, containing Error Corrections and/or Updates, to Clients who generally
<br />have maintenance agreements in effect. KIOSK shall provide the Client with one (1)
<br />copy of each new Release for each copy of the Licensed Software being maintained
<br />under this License Agreement, without additional charge. KIOSK shall provide
<br />reasonable assistance to help the Client install and operate each new Release on a
<br />time and materials basis. Note: Some compatible and related software may be
<br />released by KIOSK and made available to the Client through additional purchases.
<br />After purchasing such software, updates to the compatible and related software
<br />may be provided forthe unit(s) covered under this Software License and
<br />Maintenance Agreement.
<br />b. Provision of Maintenance. If Maintenance is cancelled or expires, Client can only receive
<br />software updates via an incremental purchase of a software upgrade, subject to future
<br />terms and pricing. Once an incremental software upgrade is purchased, the Client will be
<br />afforded the opportunity to purchase a software license and maintenance agreement for
<br />the upgrade purchased.
<br />c. Fees and Expenses. The fee for Maintenance shall be 30% of license fee per kiosk or unit per
<br />year (as listed in Schedule A). Such fee is due and payable at the Effective Date and each
<br />renewal year of the Maintenance Term hereunder. Such fees do not include any applicable
<br />travel and living expenses for installation and training, file conversion costs, optional
<br />products and services, directories, consulting services, shipping charges, or the costs of any
<br />recommended hardware. The Client agrees to pay such fees and costs, when and as the
<br />25B-15
<br />Client owned Software (software
<br />Supplier (Kiosk) proprietary Software
<br />developed for Client under the Agreement)
<br />licensed to Client
<br />as defined in Table 1 of the Development
<br />Statement of Work
<br />Client -side & Server -side APIs and
<br />supporting logic
<br />3. Maintenance
<br />a. Scope of Maintenance. During the Maintenance Term, KIOSK agrees to provide basic
<br />maintenance services in support of the Licensed Software product platform specifically
<br />identified on Schedule A ("Maintenance"). If no Licensed Software is listed on Schedule A,
<br />nothing beyond basic maintenance will be provided. Basic maintenance services shall
<br />consist of:
<br />1 Error Correction. KIOSK shall be responsible for using all reasonable diligence to
<br />correct verifiable and reproducible Errors when reported to KIOSK in accordance
<br />with its standard reporting procedures. The Error Correction, when completed, may
<br />be provided in the form of a "temporary fix," consisting of sufficient programming
<br />and operating instructions to implement the Error Correction.
<br />ii The Client is responsible for procuring, installing, and maintaining all equipment,
<br />telephone lines, communications interfaces, and other hardware necessary to
<br />operate the Licensed Software and to obtain maintenance services from KIOSK.
<br />KIOSK will not be responsible for delays caused by events or circumstances beyond
<br />its reasonable control.
<br />iii New Releases. KIOSK may, from time to time, issue new Releases of the Licensed
<br />Software, containing Error Corrections and/or Updates, to Clients who generally
<br />have maintenance agreements in effect. KIOSK shall provide the Client with one (1)
<br />copy of each new Release for each copy of the Licensed Software being maintained
<br />under this License Agreement, without additional charge. KIOSK shall provide
<br />reasonable assistance to help the Client install and operate each new Release on a
<br />time and materials basis. Note: Some compatible and related software may be
<br />released by KIOSK and made available to the Client through additional purchases.
<br />After purchasing such software, updates to the compatible and related software
<br />may be provided forthe unit(s) covered under this Software License and
<br />Maintenance Agreement.
<br />b. Provision of Maintenance. If Maintenance is cancelled or expires, Client can only receive
<br />software updates via an incremental purchase of a software upgrade, subject to future
<br />terms and pricing. Once an incremental software upgrade is purchased, the Client will be
<br />afforded the opportunity to purchase a software license and maintenance agreement for
<br />the upgrade purchased.
<br />c. Fees and Expenses. The fee for Maintenance shall be 30% of license fee per kiosk or unit per
<br />year (as listed in Schedule A). Such fee is due and payable at the Effective Date and each
<br />renewal year of the Maintenance Term hereunder. Such fees do not include any applicable
<br />travel and living expenses for installation and training, file conversion costs, optional
<br />products and services, directories, consulting services, shipping charges, or the costs of any
<br />recommended hardware. The Client agrees to pay such fees and costs, when and as the
<br />25B-15
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