Common use of SUPPLEMENTARY TERMS AND CONDITIONS Clause in Contracts

SUPPLEMENTARY TERMS AND CONDITIONS. 2.1 Unless otherwise agreed, the Service Contract will have a term of 12 months. It will be auto- matically renewed each time for a further 12 months unless the contract is terminated by ei- ther party 1 month before the current term expires. 2.2 If HPE intends to amend the Service Contract at the time it is renewed, HPE will give written notice to the customer in good time to advise it accordingly. In such cases, the customer will be entitled to terminate the Service Contract within one month of receiving the notification amending the Service Contract. If notice of termination is not given, the Service Contract will be renewed under the amended conditions for 1 year. 2.3 Where multi-year contracts are extended, multi-year discounts will only apply to the extension period if the contract is renewed for two or more years. 1. Multi-year discounts are granted as follows: contract term - multi-year discount per system per year 2 years - 3% off list price per system 3 years or more - 4% off list price per system 2. Prepayment discounts are granted as follows: contract term - Prepayment discount per system per year 1 year - 1% off net price* per system 2 years - 2% off net price per system 3 years or more - 3% off net price per system * The Prepayment Discount will be applied to the net price after all other applicable discounts have been applied. 2.4 Cancelation during the term of the contract: If contract term is more than one year and customer is granted the right to early termination of (single) systems according the service description before completion of the Multiyear term, Customer will pay early ter- mination fees in the aggregate amount equal to the Multiyear Discount received on all can- celled support charges from the beginning of the multiyear term through the effective cancel- lation date. If customer is granted the right to early termination of (single) systems according the service description prior to the expiration of the prepaid term, HPE will refund the amount paid for services not yet rendered from the effective date of the termination, less any Prepayment Dis- count that was received 2.5 HPE may cease to provide support for products and certain support services which are no longer part of the support package offered by HPE after providing written notice of 60 days, unless anything different is arranged in writing. In this case, the support fees paid in advance for a certain support period will be reimbursed pro rata, deducting any compen- sation payment which may have been agreed in writing. 2.6 If the supported products (hardware or software) are non-HPE products, the following re- strictions will apply: 1. HPE is entitled to cancel third-party products from a service contract with notice of 3 months if HPE verifies that the support agreement with the manufacturer or the sup- port partner for the product in question has ended or is due to end within the next 3 months. 2. Patches or update licenses may not be provided for some third-party software products.

SUPPLEMENTARY TERMS AND CONDITIONS. 2.1 Unless otherwise agreed, the Service Contract will have a term of 12 months. It will be auto- matically automatically renewed each time for a further 12 months unless the contract is terminated by ei- ther either party 1 month before the current term expires. 2.2 If HPE intends to amend the Service Contract at the time it is renewed, HPE will give written notice to the customer in good time to advise it accordingly. In such cases, the customer will be entitled to terminate the Service Contract within one month of receiving the notification amending the Service Contract. If notice of termination is not given, the Service Contract will be renewed under the amended conditions for 1 year. 2.3 Where multi-year contracts are extended, multi-year discounts will only apply to the extension period if the contract is renewed for two or more years. 1. Multi-year discounts are granted as follows: contract term - multi-year discount per system per year 2 years - 3% off list price per system 3 years or more - 4% off list price per system 2. Prepayment discounts are granted as follows: contract term - Prepayment discount per system per year 1 year - 1% off net price* per system 2 years - 2% off net price per system 3 years or more - 3% off net price per system * The Prepayment Discount will be applied to the net price after all other applicable discounts have been applied. 2.4 Cancelation during the term of the contract: If contract term is more than one year and customer is granted the right to early termination of (single) systems according accord- ing the service description before completion of the Multiyear term, Customer will pay early ter- mination termination fees in the aggregate aggre- gate amount equal to the Multiyear Discount received on all can- celled cancelled support charges from the beginning of the multiyear multi- year term through the effective cancel- lation cancellation date. If customer is granted the right to early termination of (single) systems according the service description prior to the expiration ex- piration of the prepaid term, HPE will refund the amount paid for services not yet rendered from the effective date of the termination, less any Prepayment Dis- count Discount that was received 2.5 HPE may cease to provide support for products and certain support services which are no longer part of the support package offered by HPE after providing written notice of 60 days, unless anything different is arranged in writing. In this case, the support fees paid in advance for a certain support period will be reimbursed pro rata, deducting any compen- sation payment which may have been agreed in writing. 2.6 If the supported products (hardware or software) are non-HPE products, the following re- strictions restrictions will apply: 1. HPE is entitled to cancel third-party products from a service contract with notice of 3 months if HPE verifies that the support agreement with the manufacturer or the sup- port support partner for the product in question has ended or is due to end within the next 3 months. 2. Patches or update licenses may not be provided for some third-party software products.

SUPPLEMENTARY TERMS AND CONDITIONS. 2.1 Unless otherwise agreed, the Service Contract will have a term of 12 months. It will be auto- matically automatically renewed each time for a further 12 months unless the contract is terminated by ei- ther either party 1 month before the current term expires. 2.2 If HPE intends to amend the Service Contract at the time it is renewed, HPE will give written notice to the customer in good time to advise it accordingly. In such cases, the customer will be entitled to terminate the Service Contract within one month of receiving the notification amending the Service Contract. If notice of termination is not given, the Service Contract will be renewed under the amended conditions for 1 year. 2.3 Where multi-year contracts are extended, multi-year discounts will only apply to the extension period if the contract is renewed for two or more years. 1. Multi-year discounts are granted as follows: contract term - multi-year discount per system per year 2 years - 3% off list price per system 3 years or more - 4% off list price per system 2. Prepayment discounts are granted as follows: contract term - Prepayment discount per system per year 1 year - 1% off net price* per system 2 years - 2% off net price per system 3 years or more - 3% off net price per system * The Prepayment Discount will be applied to the net price after all other applicable discounts have been applied. 2.4 Cancelation during the term of the contract: If contract term is more than one year and customer is granted the right to early termination of (single) systems according the service description before completion of the Multiyear term, Customer will pay early ter- mination termination fees in the aggregate amount equal to the Multiyear Discount received on all can- celled cancelled support charges from the beginning of the multiyear term through the effective cancel- lation cancellation date. If customer is granted the right to early termination of (single) systems according the service description prior to the expiration of the prepaid term, HPE will refund the amount paid for services not yet rendered from the effective date of the termination, less any Prepayment Dis- count Discount that was received 2.5 HPE may cease to provide support for products and certain support services which are no longer part of the support package offered by HPE after providing written notice of 60 days, unless anything different is arranged in writing. In this case, the support fees paid in advance for a certain support period will be reimbursed pro rata, deducting any compen- sation payment which may have been agreed in writing. 2.6 If the supported products (hardware or software) are non-HPE products, the following re- strictions restrictions will apply: 1. HPE is entitled to cancel third-party products from a service contract with notice of 3 months if HPE verifies that the support agreement with the manufacturer or the sup- port support partner for the product in question has ended or is due to end within the next 3 months. 2. Patches or update licenses may not be provided for some third-party software products.