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("FAR") 12.212 for civilian agencies and Defense <br />Federal Acquisition Regulation Supplement <br />("DEARS") 227.7202 for military agencies. The <br />Software and documentation is commercial <br />computer software and commercial computer <br />software documentation. The use of the Software <br />and documentation is further restric#ed in <br />accordance with the terms of this Agreement, or <br />any mad'ification thereto. <br />2. Software Support. <br />2.i Scope of Software Suap_ort. Farragut will <br />provide Customer with support services as set <br />forth in this Section 2 and Schedule B in <br />accordance wish Farragut's s#andard policies, as <br />adopted by Farragut from time to -time ("Sot ar <br />u o "). Software Support is subject to <br />Customer's proper use of the Software, <br />Customer's cooperation with Farragut as provided <br />in Section 5.4, the Exclusions from Warranty and <br />Support Coverage set forth in Section 3.2, <br />Customer's payment of the required Annual <br />Support Fees, and Customer's continued <br />compliance in ail material respects with the terms <br />of this Agreement. <br />2.2 Tgrm of Software- Support. Annual <br />Support Fees will be invoiced upon i2 month <br />periods, as furti~er described in Section 4.2. !f <br />Customer does not pay the invoice for the next <br />annual Software Support period, then Software <br />Support will not be renewed. if Customer elects to <br />purchase Software Support, then Customer must <br />purchase Software Support with respect to ail of <br />the Software licensed by Customer. Ali Annual <br />Support Fees are nonrefundable except as <br />expressly provided herein <br />2.3 Termination. fay notifying the other party <br />in wri#ing at feast 30 days before expiration of the <br />Software Support period, a party may elect to <br />terminate Software Support for the Software. If <br />this Agreement is terminated, then Software <br />Support also will terminate. <br />2.4 Modifications. Farragut may modify its <br />Software Support upon written notice to Customer, <br />except that in no event may Farragut make any <br />moth#icafions io its Software Support that would <br />materially reduce the level of Software Support <br />that Farragut provides to Customer hereunder <br />during the then-current term for which Customer <br />has paid Annual Support Fee. <br />3, Limtted Warranties. <br />3.i Software Limited Warranty. Farragut <br />warrants that during the Warranty Period the <br />Software will perform, during normal and proper <br />use, substantially as described in the <br />specifications set forth in the then-current <br />Documentation accompanying the Software, when <br />the Software has been property installed. Due to <br />the complex nature of computer software, <br />Farragut does not warrant that the functions <br />contained in the Software or in any Software <br />Maintenance Release wilt meet the requirements <br />of Customer or that the operation of the Software, <br />including Software Maintenance Releases, will be <br />uninterrupted or error free. Failure to conform to <br />the warranty must be reported by Customer to <br />Farragut in writing within the Warranty Pertod and <br />must be accompanied with sufficient written detail <br />to enable Farragut to reproduce or verify the error <br />and provide a solution or suitable waric-around. If <br />the Software does not conform to this warranty <br />and Farragut is properly notified of non- <br />conformance during the Warranty Pertod, Farragut <br />will make commercially reasonable efforts to <br />provide a remedy or suitable workaround, at no <br />additional charge to Customer. Customer <br />acknowledges and agrees that Phis warranty is <br />contingent upon and subject to Customer's proper <br />use of tire- Software in accordance with the then- <br />current Documentation, and the Exclusions from <br />Warranty and Support Coverage set forth in <br />Section 3.2. The remedies set forth in this Sec ion <br />3.1 are the full extent of Customer's remedies and <br />Farragut's obligations regarding this warranty. <br />3.2 Exclusions from Warren#v and Support <br />ver e, The warranties under this Se io 3 <br />and Software Support under Section 2 do not <br />cover defects, errors, or malfunctions that are <br />caused by any external causes, including, but not <br />limited to, any of fhe following: {a) Customer's <br />failure to follow operational, support, or storage <br />instructions as set forth in applicable <br />Documentation; (b} the use of non-compatible <br />media, supplies, parts, or components; (c) <br />modificaticn or alteration of the Software or its <br />components, by Customer or any third party; (d} <br />use of software not supplied or authorized by <br />Farragut; (e) external factors (including, without <br />limitation, power failure, surges or electrical <br />damage, fire or water damage, air conditioning <br />failure, humidity control failure, or corrosive <br />atmosphere harmful to electronic circuitry); (f} <br />failure to maintain proper site specifications and <br />environmental conditions; (g} negligence, <br />accidents, abuse, neglect, misuse, or tampering; <br />-2- <br />