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DocuSign Envelope ID:76CF67A5-DD8E-4775-9AF0-37013D3CD9D1 <br /> The fix and workaround times apply only if the person that has submitted the support request can be <br /> contacted by e-mail or telephone without delay during the resolution phase. <br /> Maintenance. Updates and Upgrades will be provided to Customer during a License Term, upon a <br /> request by Customer. Spatialest reserves the right to address defects in the next release of the <br /> Software or Subscription Services (as applicable). Spatialest will not be responsible to provide service <br /> or support when the problem is the result of faulty hardware or software that (i) Spatialest did not <br /> provide or (ii) Spatialest has not contracted with Customer to support under this Agreement. <br /> Spatialest reserves the right to bill Customer for such non-supported service at Spatialest's standard <br /> time and material charges for services that fulfill these criteria. Maintenance services are not on-site <br /> services. If Customer needs or desires on-site maintenance services, such services are available at <br /> Spatialest's standard Professional Services time and material charges. <br /> For purposes of the foregoing, "Updates" mean interim releases of the Software incorporating <br /> standard maintenance, improvements, patches, error corrections and enhancements that are <br /> provided by Spatialest to customers who are covered by Spatialest's Services. Updates are designated <br /> by all digit(s) to the right of the decimal point (e.g., 3.x.x), and the content and timing of all Updates <br /> shall be decided upon by Spatialest in its sole discretion and "Upgrades" mean full product releases of <br /> the Software, which contain substantial functional enhancements. Upgrades are also provided by <br /> Spatialest to customers who are covered by Spatialest's Maintenance Services. Upgrades are <br /> designated by the digit to the left of the decimal point (e.g., x.0), and the content and timing of all <br /> Upgrades shall be decided by Spatialest in its sole discretion. Upgrades do not include any products <br /> that are marketed and priced separately by Spatialest or which Spatialest does not make available to <br /> its customers who are covered by Spatialest's Maintenance Services. <br /> Maintenance Services Warranty. Spatialest warrants that all Maintenance Services will be provided <br /> with reasonable skill and care conforming to generally accepted industry standards. If the <br /> Maintenance Services are not performed as warranted, then, only upon Customer's written request <br /> within five (5) days from the date of delivery of such Maintenance Services, Spatialest shall promptly <br /> re-perform, or cause to be re-performed, such Maintenance Services, at no additional charge to <br /> Customer.Such re-performance shall be Customer's exclusive remedy and Spatialest's sole liability for <br /> any such non-performance. <br /> Spatialest Master Software and Services Agreement 27 <br />