Common use of Software Maintenance and Support Clause in Contracts

Software Maintenance and Support. During the time Developer’s license granted under this Agreement is in force, and subject to the payment of any applicable support and maintenance fees under the Pricing Policy, the Developer is entitled to technical support and maintenance as stated herein. Maintenance services under this Section 3 shall include work for creation of routine corrections or workarounds to the SDK in cases where the error causes the SDK to be unusable or unavailable, and where the SDK is not functioning as designed and the performance or quality of the SDK is significantly downgraded, severely impacting its functionality or usability, provided that the error can be reproduced within the SDK running in standard operating system conditions. Exaget will provide to Developer access to New Releases and related documentation changes, when and if Exaget, in its sole discretion, introduces such New Releases. All New Releases shall be offered to the Developer without a separate charge during the time this Agreement is in force. Developer acknowledges and agrees that Exaget may from time to time, in its sole discretion, release and make available to Developer such upgrades or updates to the SDK and App Libraries which the Developer must install and/or apply to its systems, software and/or application program in order for the Developer’s End-User Application to function properly with Exaget’s Ad Placement Service (“Mandatory Update”). For the sake of clarity, introduction of any Mandatory Updates may require that Developer releases to its customers updates to or updated versions of its application programs. Exaget shall notify Developer of any Mandatory Update, at a minimum, 90 days before the date on which the Ad Placement Service will, without the introduction of the Mandatory Update, cease to function properly with the SDK and Developer’s application program. The installation and/or introduction of any Mandatory Updates shall be performed by the Developer. Support shall be available to the Developer by using a designated support request web form on the Exaget website (▇▇▇▇▇▇.▇▇▇) (“Support Request”). Support provided to Developer by Exaget under this Section is strictly limited to (i) advice in questions regarding the installation and operational use of the SDK, (ii) advice and assistance in identifying causes of errors in the software included in the SDK, where reasonably possible for Exaget, and (iii) workarounds to such identified errors, where reasonably available to Exaget. The support does not include a promise or guarantee that the issue raised by the Developer can be solved. For the avoidance of doubt it is expressly stated that the support service provided to Developer under this Agreement shall not include any kind of training, system administration, network administration, desktop support, server support or consulting service, or any services of similar nature. Support provided to Developer by Exaget under this Section shall be limited to the amount of Support Requests and/or hours of support specified in the Pricing Policy. Requests in excess of this amount shall be charged per hour applying Exaget’s standard pricing. If no such amount has been agreed upon or specified in the Pricing Policy, all support under this Agreement shall be charged per hour applying Exaget’s standard pricing.

Software Maintenance and Support. During the time DeveloperCustomer’s license granted under this Agreement is in force, and subject to the payment of any applicable support and maintenance fees under the Pricing Policy, the Developer Customer is entitled to technical support and maintenance as stated herein. Maintenance services under this Section 3 shall include work for creation of routine corrections or workarounds to the SDK in cases where the error causes the SDK to be unusable or unavailable, and where the SDK is not functioning as designed and the performance or quality of the SDK is significantly downgraded, severely impacting its functionality or usability, provided that the error can be reproduced within the SDK running in standard operating system conditions. Exaget will provide to Developer Customer access to New Releases and related documentation changes, when and if Exaget, in its sole discretion, introduces such New Releases. All New Releases shall be offered to the Developer Customer without a separate charge during the time this Agreement is in force. Developer Customer acknowledges and agrees that Exaget may from time to time, in its sole discretion, release and make available to Developer Customer such upgrades or updates to the SDK and App Libraries which the Developer Customer must install and/or apply to its systems, software and/or application program in order for the DeveloperCustomer’s End-User Application application program to function continue functioning properly with Exaget’s Ad Placement Service (“Mandatory Update”). For the sake of clarity, introduction of any Mandatory Updates may require that Developer Customer releases to its customers updates to or updated versions of its application programs. Exaget shall notify Developer Customer of any Mandatory Update, at a minimum, 90 days before the date on which the Ad Placement Service will, without the introduction of the Mandatory Update, cease to function properly with the SDK and DeveloperCustomer’s application program. The installation and/or introduction of any Mandatory Updates shall be performed by the DeveloperCustomer. Support shall be available to the Developer Customer by using a designated support request web form on the Exaget website (▇▇▇▇▇▇.▇▇▇) (“Support Request”). Support provided to Developer Customer by Exaget under this Section is strictly limited to (i) advice in questions regarding the installation and operational use of the SDK, (ii) advice and assistance in identifying causes of errors in the software included in the SDK, where reasonably possible for Exaget, and (iii) workarounds to such identified errors, where reasonably available to Exaget. The support does not include a promise or guarantee that the issue raised by the Developer Customer can be solved. For the avoidance sake of doubt clarity, it is expressly stated that the support service provided to Developer Customer under this Agreement shall not include any kind of training, system administration, network administration, desktop support, server support or consulting service, or any services of similar nature. Support provided to Developer Customer by Exaget under this Section shall be limited to the amount of Support Requests and/or hours of support specified in the Pricing Policy. Requests in excess of this amount shall be charged per hour applying Exaget’s standard pricing. If no such amount has been agreed upon or specified in the Pricing Policy, all support under this Agreement shall be charged per hour applying Exaget’s standard pricing.

Software Maintenance and Support. During the time DeveloperCustomer’s license granted under this Agreement is in force, and subject to the payment of any applicable support and maintenance fees under the Pricing Policy, the Developer Customer is entitled to technical support and maintenance as stated herein. Maintenance services under this Section 3 shall include be limited to work for creation of routine corrections or workarounds to the SDK Software in cases where the error causes the SDK Software to be unusable or unavailable, and where the SDK Software is not functioning as designed and the performance or quality of the SDK Software is significantly downgraded, severely impacting its functionality or usability, provided that the error can be reproduced within the SDK running in standard operating system conditions. Exaget will provide to Developer access to New Releases and related documentation changes, when and if Exaget, in its sole discretion, introduces such New Releases. All New Releases shall be offered to the Developer without a separate charge during the time this Agreement is in force. Developer Customer acknowledges and agrees that Exaget may from time to time, in its sole discretion, release and make available to Developer such upgrades or updates to the SDK and App Libraries Software which the Developer must install and/or apply to its systems, software and/or application program are required in order for the Developer’s End-User Application Software to function continue functioning properly with Exaget’s Ad Placement Service (“Mandatory Update”). For the sake of clarity, introduction of any Mandatory Updates may require that Developer Customer releases to its customers updates to or updated versions of its application programsthe Software. If Customer has not subscribed to Extended Maintenance Services under Section 4 of this Agreement, Exaget shall notify Developer Customer of any Mandatory Update, at a minimum, 90 days before the date on which the Ad Placement Service will, without the introduction of the Mandatory Update, cease to function properly with the SDK and Developer’s application programSoftware. The If Customer has subscribed to Extended Maintenance Services under Section 4 of this Agreement, the installation and/or introduction of any Mandatory Updates shall be performed by the DeveloperExaget. Support shall be available to the Developer Customer by using a designated support request web form on the Exaget website (▇▇▇▇▇▇.▇▇▇) (“Support Request”). Support provided to Developer Customer by Exaget under this Section is strictly limited to (i) advice in questions regarding the installation and operational use of the SDK, (ii) advice and assistance in identifying causes of errors in the software included in the SDKSoftware, where reasonably possible for Exaget, and (iiiii) workarounds to such identified errors, where reasonably available to Exaget. The support does not include a promise or guarantee that the issue raised by the Developer Customer can be solved. For the avoidance sake of doubt clarity, it is expressly stated that the support service provided to Developer Customer under this Agreement shall not include any kind of training, system administration, network administration, desktop support, server support or consulting service, or any services of similar nature. Support provided to Developer Customer by Exaget under this Section shall be limited to the amount of Support Requests and/or hours of support specified in the Pricing Policy. Requests in excess of this amount shall be charged per hour applying Exaget’s standard pricing. If no such amount has been agreed upon or specified in the Pricing Policy, all support under this Agreement shall be charged per hour applying Exaget’s standard pricing.