Motorola SV-4250-P-1 - AirDefense Enterprise Appliance 4250 Quick Installation Manual page 33

Agreement, AirDefense may obtain information regarding Licensee's wireless local area network (e.g., memory disk usage, processor help, application
help, etc.). Licensee acknowledges and agrees that as a condition to entering into this Agreement and AirDefense's commitment to providing Support,
AirDefense may use statistical data generated regarding Licensee's wireless local area network so long as the source or content of the wireless local
area networks are not being disclosed. AirDefense may provide installation, integration and training services. If AirDefense provides such services this
Agreement sets forth AirDefense's liability with respect to such services.
a
Renewal and Support Fees. Support will automatically be renewed as of each anniversary date ofthe commencement of the initial Support
pursuant to this Agreement for an additional period of one (1) year unless written notice of termination is given by a party hereto to the other
party at least thirty (30) days prior to the automatic renewal date. For each renewal term, Licensee shall pay AirDefense's then-current list price
for annual Support. AirDefense shall give Licensee at least sixty (60) days prior written notice of any change in the fee for Support. Fees are
payable within thirty (30) days of the invoice date and are payable in advance of the applicable term. For Gold Level Support Only: Licensee shall
pay an amount equal to 18% of the list price for the licenses of the Products(including charges for Software and any Hardware) for the initial one-
year term for Support. For Platinum Level Support Only: Licensee shall pay an amount equal to 25% of the list price for the licenses of the
Products (including charges for Software and any Hardware) for the initial one-year term for Support.
b
Software Updates. During the Support term, Licensee shall be entitled to receive, free of charge, an electronic copy of Updates to the Software
and an electronic copy of published revisions to the related documentation (the "Documentation") released by AirDefense to its Licensees.
AirDefense shall support only the most current version of the Software. From time to time, AirDefense may provide to certain of its licensee's free
of charge modifications or enhancements which represent a new product as an accommodation. Any such accommodations shall not waive,
diminish or abrogate AirDefense's right to determine in its sole discretion whether or not an enhancement constitutes an Update or a new
product. If Licensee notifies AirDefense of cancellation of Support services, AirDefense's obligations to provide Updates are cancelled. Licensee
may elect to renew Support services after cancellation by paying any Support fees that would have otherwise been paid during the cancellation
period.
c
Telephone and E-mail Support. AirDefense English language support personnel are available to answer questions received from the Licensee's
designated contacts which are related to the Products and for which the Licensee has purchased Support. For Gold Level Support Only: E-mail and
telephone support is available from 8 AM to 8 PM EST (EDT) Monday through Friday (excluding holidays). E-mail queries will have a response
before the end of the next business day and telephone support calls made before 4 PM EST (EDT) will receive a customer callback within four (4)
hours. For Platinum Level Support Only: E-mail and telephone support is available twenty four (24) hours a day, seven (7) days a week (24/7). E-
mail queries will have a response within four (4) hours and telephone support calls will receive a customer callback within two (2) hours.
d
Software Error Corrections. AirDefense shall exercise commercially reasonable efforts to correct any significant deviation from the then-current
written specifications provided for the Software ("Error") reported by Licensee in accordance with the priority level reasonably assigned to such
Error by AirDefense. If an Error has caused the AirDefense System to be inoperable, or if the Error is otherwise substantial and material with
respect to the Licensee's use of the Products, AirDefense shall, considering the nature of the Error, use commercially reasonable efforts to correct
such Error or to provide a software patch or bypass around such Error or replace Licensee's copy of Software with another copy of Software that
corrects such Error, in AirDefense's sole discretion. Licensee further acknowledges and agrees that (1) all reported Errors may not be corrected
and (2) if the Software includes the AirTermination feature, interference with and disruptions to Licensee's and unrelated parties' wireless
connections and related systems do not constitute an Error(s).
e
Waiver of AirDefense's Obligations for Software Support. AirDefense shall have no obligation to provide Software Support if: (1) the Software
was not used in accordance with AirDefense's then-current published specifications and such use caused the Error in the reasonable opinion of
AirDefense; (2) the Software was altered, modified or corrected by Licensee without AirDefense's prior written consent; (3) Licensee's computer
malfunctioned and the malfunction caused a error or defect in the Software; or (4) any other cause within the control of Licensee which caused an
error or defect in the Software.
f
Waiver of AirDefense's Hardware Support. AirDefense shall have no obligation to provide Hardware Support if: (1) any of the Hardware was not
used in accordance with the then-current published specifications of the manufacturer of such Hardware or of AirDefense and such use caused
the malfunction; (2) any of the Hardware was altered, modified or corrected by Licensee without AirDefense's prior written consent; (3) Licensee's
computer malfunctioned and the malfunction caused an error or defect in the Products; (4) the damage, error or defect was due to external
causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by AirDefense, usage not in accordance with
product instructions, failure to perform required preventative maintenance, and problems caused by use of parts and components not supplied by
AirDefense; or (5) any other cause within the control of Licensee which caused a error or defect in the Products.
g
Limitations. THE TERMS AND CONDITIONS OF THIS SECTION 3 CONSTITUTE A SERVICE CONTRACT. ALL SUPPORT IS PROVIDED "AS IS".
EXCEPT AS SPECIFICALLY PROVIDED HEREIN THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES AS TO
NONINFRINGEMENT. THIS SECTION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
4
Term. AirDefense shall provide Support services for the then-current version of the Software and for the Hardware for an initial period of one (1) year
commencing upon the initial delivery of the Products. Support services will be renewed automatically as of each anniversary of the commencement of
Master License Agreement for the
AirDefense System
27