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?,? • .., <br />? Mayfield Village ` Creative Microsystems, Inc. <br />CREATIVE MICROSYSTEMS, INC. <br />SOF'I'WARE SUPPORT SERVICES AGREEMENT <br />This agreement is made at Englewood, Ohio between Creative Microsystems, Inc., 50 Hillside Court, Englewood, <br />Ohio 45322, hereinafter refened to as CMI and Mayfield Village, hereinafter referred to as CUSTOMER. <br />The effective date and the expiration date of this agreement shall be the begin date and termination date listed <br />on Addendum B of this agreement. The contract # is 2640. <br />Whereas CMI markets program(s) and/or program package(s), hereinafter refened to as the PROGRAM, and <br />Whereas the CUSTOMER desires support services for the PROGRAM; <br />Now therefore, in consideration of the mutual agreements contained herein, it as agreed as follows: <br />1.) TERM OF AGREEMENT <br />The term of this agreement shall begin upon the effective date of this agreement and shall remain in force for <br />a one(1) yeaz period or as indicated on Addendum B. <br />2.) FEES, TERMS AND SERVICES <br />Services Provided: See Addendum A <br />Fees and Terms: See Addendum B <br />3.) CUSTOMER RESPONSIBILITY <br />CUSTOMER is responsible for the following: <br />- CUSTOMER must be licensed for all software on which support services are required. <br />- CUSTOMER must maintain the system at current software revision levels. <br />- CUSTOMER must maintain regular back-ups of all user files. <br />- CUSTOMER must notify CMI immediately in the event of hardware or software malfunction. <br />- CUSTOMER must provide CMI with ready access to a modem and telephone line connected to the <br />computer system for situations when on-line access is necessary to diagnose or remedy a reported <br />problem. . <br />4.) EXCLUSIONS <br />CMI reserves the right to exclude from software support services coverage any softwaze defects that result &om <br />the following: <br />- Improper or inadequate hardware maintenance by CUSTOMER. <br />- Third party softwaze not provided by CMI, and any problems related thereunto. <br />- Unauthorized modification and/or misuse of hardware or softwaze products.