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SOFTWARE MAINTENANCE <br />one time during each annual agreement. Should Licensee require remote access verification services in excess of the <br />one free service, Licensee will request approval for payment prior to providing remote access verification. The remote <br />access verification fee compensates Licensor for assistance in setting up and verifying remote access operation. In <br />the event remote access is not and will not be available in the course of Licensor's attempts to provide 'Software <br />Support' services, Licensee understands that Licensor's ability to provide support will be severely limited. Should <br />Licensee desire emergency support, on-site support services are available at Licensor's current support rate plus <br />expenses for each partial or full day required to provide 'Software Support' services. <br />e) To minimize Licensee costs, to eliminate any requirement for manual update of validation and/or zip plus four <br />codes, to allow for other on line validations (such as contractor's license, sales tax permit, pet microchip owner <br />information retrieval etc.) and to maximize uptime of zip plus four & Licensed software validations, the Licensed <br />software should optimally be configured for internet access to the designated PSI internet address. Consequently <br />users of the Licensed software may periodically obtain the latest zip plus four data and validation codes. Absent this <br />configuration, to obtain automated zip plus four (4) functionality, Licensee must purchase a zip plus four (4) data <br />subscription and designate staff to install such zip plus four updates every three (3) months. Failure to promptly <br />update zip plus four data will cause disruption of the zip plus four (4) functionality. Furthermore absent internet <br />access, any other possible automated validations are reduced to manual processes. <br />f) Licensee understands and acknowledges that network performance is solely the responsibility of Licensee. <br />Should any questions arise as to whether a performance issue is software or network related, Licensee agrees to <br />direct staff, a Licensee retained consultant or Licensor (at Licensee's cost) to evaluate network/software performance. <br />Such network evaluation shall utilize "Network Sniffer" or equivalent tools to facilitate generation of quantitative results. <br />Licensee agrees to request & incorporate Licensor's recommendations in the network evaluation work plan. Licensee <br />further agrees to transmit the results of such work to Licensor for review and to withhold publication of such results <br />until after implementation of all Licensor recommendations. Requests of Licensor for performance troubleshooting <br />(such as speed and network connection issues) in which Licensor receives prior written authorization to collect factual <br />data and subsequently presents a determination that performance issue(s) is/are network related will be billed at the <br />rates in effect at the time of service. <br />g) Licensee assumes any and all responsibility and liability for 1) any modification to the Licensed software <br />and/or database structure not made by Licensor and 2) any modification to the Licensee's data which is not made by <br />Licensor or the Licensed software. Licensee agrees to allow If, after providing corrective maintenance, Licensor <br />determines that an error condition is not a Licensed software error or that the error condition results from either <br />condition 1 or 2 above, Licensee agrees to pay Licensor for the reasonable services so provided at the rates in effect <br />at the time of service plus reasonable expenses. <br />Upon expiration pursuant to section II or demand by Licensor made pursuant to the default provisions of the <br />corresponding Software License Agreement, Licensee shall discontinue use of Licensor's database/structure, software <br />& related electronic forms. In addition, Licensee shall provide Licensor with written confirmation that previously <br />licensed components have been erased and copies are no longer on Licensee's computer or backup tapes. Licensee <br />agrees that failure to provide a 'Statement of Destruction' within 30 days from discontinuation of software use shall <br />result in a $1,000 charge for each subsequent 7 day period until such statement has been provided. <br />IV. LICENSOR'S RIGHTS AND OBLIGATIONS <br />(a) During the term of this agreement, Licensor shall provide Licensee with unlimited telephone support services <br />relating to software fixes and the dissemination of workaround solutions. In addition, Licensor shall provide Licensee <br />with any updates and/or minor enhancements to Licensed software, data or data structures, which may become <br />available from Licensor without additional charge. Furthermore, in the course of Licensor providing Licensee with <br />support services, Licensor may install the above mentioned updates and minor enhancements to Licensed software, <br />data or data structures. For multi-user Licenses, Licensor will transmit one copy of the digital media (the Licensed <br />application) per release cycle to Licensee's designated representative. This person will distribute copies of the <br />Licensed software to those responsible for any additional Licensed computer systems. <br />(b) During the term of this agreement, Licensor shall provide Licensee with limited voice, facsimile, internet, and <br />mail communications as appropriate for training related support. Training support is defined as providing information <br />to current and prospective users of the Licensed software on operational or functional aspects defined in the current <br />user documentation. This support shall be provided to the person designated by Licensee (or an alternate in the <br />absence of the designated caller). The designee shall know the Licensed software, use the Licensed software and be <br />responsible for the results of their efforts. Training related support in excess of fifteen (15) minutes per call will be <br />billed at the rate in effect at the time of service. Prior to and as a condition of Licensor's right to bill for training <br />AGSOFTMT(2.5) Page 2 <br />