Software License Agreement - TokaySQL Software Upgrade and Three (3) Year’s Support

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2.2 2.3 W 3.1 Support Service Level Agreement b u W I W W W 1 1 business day or sooner 2 business days 2 1 business day 3 business days 3 1 business day 10 business days 4 1 business day At Al's discretion 5 At Al's discretion At Al's discretion (a) A Software Change is only released before the next scheduled Major Release when the Software Change is the only way to resolve a priority 1 or 2 case; (b) A Software Change is only released for compatibility with the current Major Release or one of the two previous Major Releases. (c) If you are experiencing issues and not using a Supported Release of the Software, you must upgrade to a Supported Release (preferably the latest Supported Release) and then, if the original case persists, Al will work with you to find a mutually acceptable resolution. (d) You must check on the Al Support Portal to determine if you are using a Supported Release (e) Initial Response and Target Time to Resolution time periods start once a case is logged in Al's Support Portal. (f) Resolution times may exceed the Target Time to Resolution time targets depending on the complexity involved in determining the root cause of the case and the complexity of finding a resolution for it. Should this situation arise for priority 1 or 2 cases, you will be provided a credit towards their next Annual Subscription Fee calculated as follows: a. Credit = Annual Subscription Fee X ((Number of business days in excess of Target Time in a given SMA Term) / (Total Number of business days in the same Subscription Term)) (g) The credit for any SMA Term cannot exceed the Annual SMA Fee. (h) SMA Credits can only be used as a rebate toward the purchase of a subsequent Subscription Term and otherwise has no cash value. (i) SMA Credits are your sole remedy if resolution times exceed the Target Time to Resolution. Resolution of Software Anomaly. A Software anomaly will be considered to be resolved when: (a) the Software is working insubstantial accordance with the Documentation when operated on the supported hardware, operating system and peripheral as designated by Al; or (b) Al has advised you of one of the following: (i) how to correct or bypass the Software anomaly; (i i) that the correction to the Software anomaly will be available through a future Major or Minor Release; or (iii) that the anomaly falls within an exception to this Agreement. EXCEPTIONS Support and Maintenance Exclusions. Maintenance and Support Services are not provided for and do not apply to: (a) third party software and middleware or services; (b) when you are in breach of this Agreement or any other agreement with Al; (c) Software that is improperly implemented; (d) Hardware, peripherals (including printers) or software other than the Software; (e) Anomalies in the Software that are not reproducible; or Aquatic Informatics Software License Agreement 11