12.
Work Order No. 6
regarding the use of the Software by Customer and provide CSC with copies of such records upon
request at CSC’s sole cost and expense.
(e) CSC represents and warrants that (i) it is the owner of the entire right, title and interest in and to, or has
valid license rights in and to, the Software, (ii) it has the right to grant the licenses granted to Customer
for the Third-Party Software hereunder, and (iii) it has not granted any license to any other entity that
would restrict the rights granted to Customer hereunder.
CSC shall indemnify and hold Customer harmless from and against all losses, claims, damages,
liabilities and expenses arising out of or relating to any allegation that the Software, or Customer’s use
thereof as permitted in this Work Order, infringes any copyright, trademark rights patent right
(including patent application), trade name, mask-work right, trade secret or any other intellectual
property right of any third party provided that Customer notifies CSC in writing within a reasonable
time of the receipt by Customer of any such claim or notice of any such claim, provided such failure
to timely notify does not jeopardize CSC’s right to defend and permits CSC upon request, and at
CSC's cost and expense, to assume and control the defense or settlement thereof. At Customer’s cost,
Customer shall have the right to participate in any proceedings, with its own counsel. Customer agrees
to cooperate with CSC in every reasonable manner in the defense of such claim.
(f) THIS WORK ORDER DOES NOT GRANT A LICENSE TO CUSTOMER FOR THE SYSTEM.
CUSTOMER IS GRANTED A LIMITED TERM LICENSE TO THE THIRD-PARTY SOFTWARE
IN ACCORDANCE WITH THE TERMS OF THIS WORK ORDER AND SUBJECT TO THE
TERMS AND CONDITIONS CONTAINED HEREIN.
Support Services:
CSC shall provide Customer with the following Support Services for the term of this Work Order, if, as and
when the Software is utilized by Customer pursuant to this Work Order. Customer shall use these Support
Services in accordance with any customer support guide that CSC provides to Customer:
(a) Re-release of the Current Base Software. CSC will keep on file at its facilities a copy of the most
recent version of the Current Base Software and Documentation for which the testing process has been
completed.
(b) Updates and Upgrades. During the term of this Work Order, CSC may update the Software from
time-to-time with Updates. Updates will not include modules or additional third-party software that are
licensed separately by CSC. At its sole discretion, CSC will also apply all Upgrades, if and when
commercially available, to upgrade the Software to the new Current Base Software.
(c) Response Center. During the term of this Work Order, CSC shall operate a response center at its
facilities to provide supported users of the Software with assistance in using the Software and in reporting
and resolving problems (“Help Desk”). The CSC response center will be staffed by personnel
knowledgeable about the Software. Customer’s internal help desk staff and other designated personnel
shall be entitled to contact the Help Desk at any time during the Help Desk hours noted below, to report
problems with the Software and request assistance. CSC may also make certain assistance available to
Customer electronically. Customer’s help desk staff and other designated personnel will provide CSC any
other available information and reasonable assistance needed to diagnose reported Non-Conformities. CSC
will diagnose Customer-reported Non-Conformities. The Help Desk can address: (i) submission
questions; (ii) user account information; (iii) connectivity; (iv) browser issues and upgrades; (v)
administration issues; and (vi) Help Desk services is limited to system technical issues. Help Desk hours
of operation are 8:00 am to 7:00 pm eastern time Monday through Friday excluding CSC holidays. Help
Desk services do not include training. Software service level guidelines are provided in Section 12(d)
below.
Rhodes — SR-0020110502 - GDC 4of 12
