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From: Tom Craven 440-232-3979 To: Wayne V'--niac Date: 2/1 212 0 0 4 Time: 2" 16 PM Page 5 of 5 <br />SOFTWARE SERVICE AGREEMENT TERMS & CONDITIONS <br />ARTICLE 1- WORK DESCRIPTION <br />TAC Technicians shall provide the following support services. <br />a. Remedial correct any covered software error condition or malfunctions. Assist operators with <br />routine questions conceming software usage. <br />b. Provide updates to current version of software as they are released. <br />ARTICLE 2 - INCLUDID SERVICES <br />TAC will fumish software support via telephone, modem and when necessary in person. Customer provided <br />Modem with PC Anywhere is mandatory for software support. <br />ART'ICLE 3 - SERVICE HOURS <br />The included principal period service covers work performed between the hours of 8:00 AM. And 5:00 PM., <br />Monday through Friday, excluding all nationally observed holidays. All service provided outside the <br />principal period will be billed at the current rate of $95.00 per hour, including travel time. All calls for <br />service origi atin@ outside the pnncipal period will be subject to a two-hour minimum includiniz travel tune, <br />regardless of the corrective actions taken by TAC Computer Inc. <br />ARTICLE 4 - LIABILTTY <br />TAC shall use its best effort to perform service within a reasonable time after request by the customer, <br />(normally 4 working hours), but shall not be deemed to be in default for any delay or failure in performance <br />or for any interruptions to operation of the equipment and to any related equipment. TAC does not accept or <br />assume any responsibility for the loss of data that may occur during any repair procedure. (It is always <br />recommended that all data be backed up). In no event shall TAC be liable for any direct or indirect damages, <br />regardless of the nature of the claim of action or incidentals to the performance or nonperformance of the <br />service. <br />ARTICLE 5 - TERM <br />This agreement shall be in full force and effect on the effective date on the front side of this agreement and <br />shall remain in effect for the initial term of 12 months and thereafter will remain in effect until <br />terminated by either party hereto with thirty (30) days written notice to the other party. <br />ARTICLE 6 - RATES <br />TAC shall notify the customer of any changes in rate with 30 days written notice. The rates are guaranteed <br />not to change for the initiai term of this agreement.