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DocuSign Envelope ID: F08EA632-EAA7-4C8E-866B-F5A170D1C748 <br />2.2 Su000rt rvice Levk1_A&LtqmgDJ <br />1 <br />1 business day or sooner <br />2 business days <br />2 <br />1 business day <br />3 business days <br />3 <br />1 business day <br />10 business days <br />4 <br />1 business day <br />At Al's discretion <br />5 <br />At AI's discretion <br />At Al's discretion <br />(a) A Software Change is only released before the next scheduled Major Release when the Software Change is <br />the only way to resolve a priority 1 or 2 case; <br />(b) A Software Change is only released for compatibility with the current Major Release or one of the two <br />previous Major Releases. <br />(c) If you are experiencing issues and not using a Supported Release of the Software, you must upgrade to a <br />Supported Release (preferably the latest Supported Release) and then, if the original case persists, Al will <br />work with you to find a mutually acceptable resolution. <br />(d) You must check on the Al Support Portal to determine if you are using a Supported Release <br />(e) Initial Response and Target Time to Resolution time periods start once a case is logged in Al's Support Portal„ <br />(f) Resolution times may exceed the Target Time to Resolution time targets depending on the complexity <br />involved in determining the root cause of the case and the complexity of finding a resolution for it. Should <br />this situation arise for priority 1 or 2 cases, you will be provided a credit towards their next Annual <br />Subscription Fee calculated as follows: <br />a. Credit = Annual Subscription Fee X ((Number of business days in excess of Target Time in a given <br />SMA Term) / (Total Number of business days in the same Subscription Term)) <br />(g) The credit for any SMA Term cannot exceed the Annual SMA Fee. <br />(h) SMA Credits can only be used as a rebate toward the purchase of a subsequent Subscription Term and <br />otherwise has no cash value. <br />(i) SMA Credits are your sole remedy if resolution times exceed the Target Time to Resolution. <br />2.3 Resolution of $of <br />twareAnomaly. A Software anomaly will be considered to be resolved when: <br />(a) the Software is working in substantial accordance with the Documentation when operated on the supported <br />hardware, operating system and peripheral as designated by Al; or <br />(b) Al has advised you of one of the following: <br />(i) how to correct or bypass the Software anomaly; <br />(ii) that the correction to the Software anomaly will be available through a future Major or Minor <br />Release; or <br />(iii) that the anomaly falls within an exception to this Agreement. <br />3.0 EXCEPTIONS <br />3.1 'uogaq g9d Mai ntena n xrlu i' ns. Maintenance and Support Services are not provided for and do not apply <br />to: <br />(a) third party software and middleware or services; <br />(b) when you are in breach of this Agreement or any other agreement with Al; <br />(c) Software that is improperly implemented; <br />(d) Hardware, peripherals (including printers) or software other than the Software; <br />(e) Anomalies in the Software that are not reproducible; or <br />Aquatic Informatics Software License Agreement 10 <br />