Page 21 of 24
qi
10.4
10.2
10.3
10.4
10.8
In the event any or all of the Software for which maintenance Is ordered hereunder in accordance with
Section 2 are not covered by this Maintenance and Support Agreement or the current Maintenance and.
Support Agreement is not renewed and client wishes to enter into a Renewal Agreement, then, subject to
IDC approval and immediately prior to the effective date of maintenance hereunder, such h Software must
be upgraded to the current version and release level. IDC may elect to offer Software upgrade kits to
upgrade Client's Software from a designated release to the current: production release level, The kit will
include documentation, media and installation instructions. This cost of this upgrade kit will ibe One.
Hundred and Fifty percent (150%) of the cost specified in Section 4.1 for each yearly coverage Window or
prorated amount if less than a year:
(DG maintenance services provided hereunder is. contingsnt upon (i) IDC's ability to recreate and duplicate
any Client reported probl em, fi ) Clients: pone! use of the Software as described | in-the documentation or
(iv) Client not making ere oe te any Software: and wv) no non-IDC supported third party
software being involved.
Any maintenance service which is attributable to improper use of the Software shall be charged to Client.
separately, at then prevailing costs as olitline in Section 6.2, plus travel and living expenses at IDC’s
actual cost, subject to the provisions of Section 6.4, provided such travel cost are approved j in advance by
Client in writing.
lf persons other than those authorized by IDC perform unauthorized modifications to the Software, IDC
may, at its option, immediately discontinue service for any such affected Software.
Any release or updates for operating: system or third party software réceived directly by Client from the
Hardware/Third Party Software manufacturer shall be coordinated with IDC to insure compatibility with the
ihen current release of the IDC Software. 1DC shall be relieved of responsibility for maintenance and
performance of the IDC’s Software on an operating system release level or update not supported by IDC.
CLIENT RESPONSIBILITY
Vt
Vid
13
11.4
Client, at:no charge to IDC, shall provide iDC access to the Hardware or Software when, in the opinion of
IDC, such access is necessary to enable performance of services hereunder. |DC will comply with Client's
security regulations.
Client shall provide remote data communication access to the Software installed on the
Hardware to énable IDC to conduct remote diagnostic procedures provided IDC complies with Client's
security policies and procedures. Client is required to have Internet access to FTP site for software
upgrades.
The Client shall, at IDC’s request, specify a qualified representative who will be the local point of technical
contact for Software problem resdlution.
Client shall not perform or attampt to parform: “any changes to the Software. covered by this Agreement
during the Coverage Window.
