Common use of Second Line Support Clause in Contracts

Second Line Support. 4.1 Upon PALMSOURCE’s request and subject to the payment requirements under Section 7 of the AGREEMENT, ASA will provide SECOND LINE SUPPORT to the following extent: 4.1.1 Corrections of bugs, errors or defects of the ASA PRODUCTS only (i) that are so serious that the functionality set forth in the specifications of the relevant ASA PRODUCT provided separately by ASA cannot be achieved nor performed and with respect to [**] Confidential treatment has been requested for the bracketed portion. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. which there is no effective remedial measure except correction by ASA, (ii) to the extent provided in a more detailed and technical explanation of the support terms provided separately by ASA and (iii) to the extent PALMSOURCE is able to recreate, demonstrate and prove the presence of such bugs, errors or defects in the ASA PRODUCTS to enable corrections herein. ASA shall have no obligation to provide SECOND LINE SUPPORT with respect to any other bugs, errors or defects; and 4.1.2 The furnishing of information on any bugs, errors or defects in ASA PRODUCTS that ASA obtains from PALMSOURCE or CUSTOMERS provided that such information with respect to bugs, errors or defects shall also be furnished to ASA in detail. 4.2 ASA shall have no other obligation except for those provided in this Paragraph 4 to provide SECOND LINE SUPPORT with respect to the ASA PRODUCTS or BUNDLED PRODUCT. In particular, ASA shall have no obligation to provide SECOND LINE SUPPORT with respect to any portion of a ASA PRODUCT or BUNDLED PRODUCT that has been modified in any way. 4.3 PALMSOURCE shall make the primary examination as to whether bugs, errors and defects reported through FIRST LINE SUPPORT are covered under ASA’s support obligations and shall consult ASA as necessary. 4.4 The final decision as to whether bugs, errors and defects are covered under ASA’s SECOND LINE SUPPORT obligations shall be solely and reasonably determined by ASA.