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DocuSign Envelope ID:7DCC2B8A-E44C-4172-BF52-8A8B6D647BED
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<br /> Federal Acquisition Regulation Supplement warrants that during the Warranty Period the
<br /> ("DFARS") 227.7202 for military agencies. The Software will perform, during normal and proper
<br /> Software and documentation is commercial use,substantially as described in the specifications
<br /> computer software and commercial computer set forth in the then-current Documentation
<br /> software documentation. The use of the Software accompanying the Software, when the Software
<br /> and documentation is further restricted in has been properly installed. Due to the complex
<br /> accordance with the terms of this Agreement, or nature of computer software, Farragut does not
<br /> any modification thereto. warrant that the functions contained in the Software
<br /> or in any Software Maintenance Release will meet
<br /> 2. Software Support. the requirements of Customer or that the operation
<br /> of the Software, including Software Maintenance
<br /> 2.1 Scope of Software Support. Farragut will Releases, will be uninterrupted or error free.
<br /> provide Customer with support services as set forth Failure to conform to the warranty must be reported
<br /> in this Section 2 and Schedule B in accordance by Customer to Farragut in writing within the
<br /> with Farragut's standard policies, as adopted by Warranty Period and must be accompanied with
<br /> Farragut from time to time ("Software Support'). sufficient written detail to enable Farragut to
<br /> Software Support is subject to Customer's proper reproduce or verify the error and provide a solution
<br /> use of the Software, Customer's cooperation with or suitable work-around. If the Software does not
<br /> Farragut as provided in Section 5.4, the Exclusions conform to this warranty and Farragut is properly
<br /> from Warranty and Support Coverage set forth in notified of non-conformance during the Warranty
<br /> Section 3.2, Customer's payment of the required Period, Farragut will make commercially
<br /> Annual Support Fees, and Customer's continued reasonable efforts to provide a remedy or suitable
<br /> compliance in all material respects with the terms workaround, at no additional charge to Customer.
<br /> of this Agreement. Customer acknowledges and agrees that this
<br /> warranty is contingent upon and subject to
<br /> 2.2 Term of Software Support. Annual Customer's proper use of the Software in
<br /> Support Fees will be invoiced upon 12 month accordance with the then-current Documentation,
<br /> periods, as further described in Section 4.2. If and the Exclusions from Warranty and Support
<br /> Customer does not pay the invoice for the next Coverage set forth in Section 3.2. The remedies
<br /> annual Software Support period, then Software set forth in this Section 3.1 are the full extent of
<br /> Support will not be renewed. If Customer elects to Customer's remedies and Farragut's obligations
<br /> purchase Software Support, then Customer must regarding this warranty.
<br /> purchase Software Support with respect to all of
<br /> the Software licensed by Customer. All Annual 3.2 Exclusions from Warranty and Support
<br /> Support Fees are nonrefundable except as Coverage. The warranties under this Section 3 and
<br /> expressly provided herein. Software Support under Section 2 do not cover
<br /> defects, errors, or malfunctions that are caused by
<br /> 2.3 Termination. By notifying the other party in any external causes, including, but not limited to,
<br /> writing at least 30 days before expiration of the any of the following: (a)Customer's failure to follow
<br /> Software Support period, a party may elect to operational, support, or storage instructions as set
<br /> terminate Software Support for the Software. If this forth in applicable Documentation; (b) the use of
<br /> Agreement is terminated, then Software Support non-compatible media, supplies, parts, or
<br /> also will terminate. components; (c) modification or alteration of the
<br /> Software or its components, by Customer or any
<br /> 2.4 Modifications. Farragut may modify its third party; (d) use of software not supplied or
<br /> Software Support upon written notice to Customer, authorized by Farragut; (e) external factors
<br /> except that in no event may Farragut make any (including, without limitation, power failure, surges
<br /> modifications to its Software Support that would or electrical damage, fire or water damage, air
<br /> materially reduce the level of Software Support that conditioning failure, humidity control failure, or
<br /> Farragut provides to Customer hereunder during corrosive atmosphere harmful to electronic
<br /> the then-current term for which Customer has paid circuitry); (f) failure to maintain proper site
<br /> Annual Support Fee. specifications and environmental conditions; (g)
<br /> negligence, accidents, abuse, neglect, misuse, or
<br /> 3. Limited Warranties. tampering; including attacks by malicious software
<br /> such as viruses, Trojan horses, worms, time
<br /> 3.1 Software Limited Warranty. Farragut bombs, cancelbots or other similar harmful or
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