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APage 2 of 3 A C 5 ACS CUSTOMER SUPPORT AGREEMENT (CSA) TERMS AND CONDITIONS CERTAIN DEFINITIONS. a. "Licensed Software" means the unmodified (except by enhancement and error correction releases provided by ACS under the terms of this Agreement) base version of the computer programs developed by ACS, or a predecessor corripary, named the PACE Suite of Government Applications. b. "Error Correction" means a change to the licensed Software required to allow the Licensed Software to function as stated in the applicable user documentation. c. "User Documentation" means the operating instructions developed by ACS and applicable to the Licensed Software. d. " Enhancement" means changes to the Licensed Software which increase the functionality or improve usability of the Licensed Software. e. "Release" means a version of the Licensed Software which represents changes from the previous releases, and which constitutes the currently- marketed version of the Licensed Software. f. "Software System" means the family of products offered by ACS as the PACE Suite of Government Applications. g. "Product" means ACS licensed software or software system(s), covered by this (SA, known as the PACE Suite of Government Applications. 1. These Terms and Conditions apply to all ACS PACE Application Software purchased by the customer and properly licensed. This CSA will remain in effect until the Customers common CSA expiration date and will then be automatically extended for a period of 12 months upon payment of the Support Fee at the then current ACS CSA rate (which may incur an annual operating increase), unless: (i) either party notifies the other in writing of its intent not to extend this Agreement at least ninety (90) days prior to the Support Expiration Date, or, (ii) the Agreement has otherwise expired or terminated under the terms of this Agreement. 2. ACS will provide Support as described below during the hours of 8:00 a.m. and 6:00 p.m., Eastern Time, Monday through Friday (holidays excluded). 3 . For LICENSEES who select Support, ACS will, upon payment of the then current Support Fee: a) make available, at ACS' option and on ACS' schedule, error correction and enhancement releases to tie object code and /or user documentation of the product so as to bring installed applications to a level equivalent with that of the currently marketed base version of the product; b) provide access to and use of the ACS ACTIONLINE service to: 1. clarify installation and operating instructions contained in the user documentation delivered with the product, and 2. assist in the identification of solutions to operating problems being experienced by the LICENSEE with tie product. ACTIONLINE service is provided at no additional charge to LICENSEE. c) provide problem determination, investigation, and program error correction for verified program errors on the then current release of tie Licensed Software, at no additional charge to LICENSEE. Program error correction on previous releases will be performed at 75% of the then current hourly billing rate. d) provide data repairs for LICENSEE files and records on a "best efforts" basis for data problems CAUSED BY the ACS Licensed Software at no additional charge to LICENSEE, and e) provide data repairs for LICENSEE files and records on a "best efforts" basis for data problems NOT CAUSED BY the ACS Licensed Software at the discounted rate of 75% of ACS' then current hourly billing rate. ACS includes in the category "data problems NOT CAUSED BY the ACS Licensed Software" any data co r iption or integrity problems caused by, but not limited to the following: 1) equipment malfunction or failure 2) failure of LICENSEE to follow procedures and /or irsfixtions contained in the documentation provided by ACS 3) failure by LICENSEE to follow procedures and /or instructions contained in documentation provided by applicable hardware vendors or failure to follow accepted operating practices (for example, failing to routinely prepare backup data files, powering off or interrupting equipment while programs are executing, etc.) 4) use of programs, including program modifications, other than those provided by ACS with the Licensed Software. 4. ACS will take due care in responding to each request for Support Services to assure that LICENSEE is making proper use of the Licensed Software, and that the Licensed Software is operating properly. ACS will use its best efforts to cone any identified program errors, but does not guarantee results or wan-ant that all errors will be corrected. S. ACS expressly xg l the following services from the Support Services to be provided under this Agreement: a) System configuration and implementation b) Operator training c) On -Site training and customer assistance visits d) Training classes e) Licensed Software modifications and /or enhancements other than those supplied as a part of the periodic error correction and updates f) Support of any Licensed Software product other than the one(s) indicated on the signed CSA face page corresponding to this agreement g) Operating system supper h) Hardware repair or support, whether the hardware was sold by ACS or by any other vendor. i) ACS will not release any base product error corrections or enhancements if the Customer is not licensed for the PACE suite of products. 4/7/2005 - 8:51 AM H: \L.ex CSAs\_CSAs- Live \OH -North Olmsted_04.doc (rte 6/25/a4)