Addencut to Lawson Sotware Customer Agreement Masie- Terms anc Conditions
4. Anew Section 6,6 is added to the Agreement:
6.6
Functionality Warranty. Provided that Customer is then current in all available Maintenance, in
addition to the warranties stated above in this Section 6, Lawson warrants that, for a period of
24 months from the Effective Date of the Agreement, the Lawson-Maintained Products
licensed on the initial Product Order Form signed under this Agreement shall operate
materially and substantially in accordance with the applicable functional and technical Rating
Responses that are designated with a positive response of “SUP” (Supported as delivered
“out-of-the-box"), attached hereto as Exhibit A. This warranty applies only to a) those Lawson-
Maintained Products actually licensed by Customer, and only to the release of the Lawson-
Maintained Products initially delivered on the Product Order Form executed under with this
Agreement (the “Initial POF”); and b) these Lawson-Maintained Products licensed by
Customer after the Initial POF (the “Added Products"), but only to the extent the positive
responses in Exhibit A are applicable to the Added Products, and only for the release of the
Added Products generally available as of the Effective Date of this Agreement. Customer's
licensing of Added Products will not increase or toll the warranty time period identified in this
Section 6.6.
5. Anew Section 7,3 is added to the Agreement:
8.
7.3
Customer's exclusive remedies for Lawson Group's material breach of the Functionality
Warranty are as fotlows:
a) Lawson wilt provide Maintenance (if purchased by Customer) to repair, replace or furnish
an upgrade of the Lawson-Malntained Products to enable those Products or upgrade of
those Products to comply with the Functionality Warranty; and
b) if Lawson does not comply with Section 7.3(a) within the Cure Period, Customer may
terminate Maintenance and recover direct damages for the Lawson-Maintained Products
subject to Functionality Warranty, including a refund of the fees paid by Customer to
Lawson for those Products, subject to Section 13.
A new Section 7.4 is added to the Agreement:
1.4
In addition to the remedies stated in this Section 7, Customer may also elect to terminate
Maintenance, the Services or the Agreement and the License if Lawson's breach of the
Agreement is not cured within the Cure Period.
A new Section 7.5 is added to the Agreement:
5
Section
3.3
Termination for Conflict of Interest: The Customer may terminate the Agreement by written
notice if it determines that a conflict of interest exists, Including but not timited ta, a violation
by Lawson of applicable laws regarding ethics in public acquisitions and Procurement and
performance of contracts. In the event the Agreement is by Customer terminated for a conflict
of interest, the Customer shall be entitled to pursue fhe same remedies against Lawson as it
could pursue in the event of a default of the Agreement by Lawson if Lawson had actual
knowledge or should have known about such conflict of interest.
8.3 of the Agreament is deleted and replaced in its entirety with the following:
All fees and expenses invaiced by Lawson are exclusive of Taxes. Customer is responsible for
payment or reimbursement of applicable Taxes. Customer represents that it is exempt from all
sales and federal excise taxes. As such, Lawson will not invoice Customer for the payment of
applicable Taxes. Should Customer lose tax exempt status, Customer shall promptly provide
Lawson with written notice of the loss of such tax exempt status and pay Lawson all
applicable Taxes.
Customer Agreement Addandum - English 207}
Agreement No 00004347 6
Revised September +2 2007
Last Update July 09. 7008
