SUPPORT SERVICES

Support Services consist of

1. Bug Fix and Telephone Support concerning the installation and operation of the current release and the Previous Sequential Release of the Software provided to the customer’s technical support contact;
   
   
2. Remote access to server with the prior approval by customer;
   
   
3. Email Response; and
   
   
4. Software Updates

EXTENDED SUPPORT

In addition to those specified in the above standard support service, Licensee will receive the following support service.

1. On Site Support shall be provided in case the problem cannot be resolved by means of remote access.
   
   
2. Email backup and continuity service for customer during system shut down. The scope of Extended Support varies from different locations. Licensees are recommended to contact local Mailsage representative or Reseller to confirm the availability of these extended support.

ERROR CORRECTION

Mailsage shall exercise commercially reasonable efforts to correct any Error reported by Licensee in the current release and the Previous Sequential Release of the Software.

If Mailsage believes that a problem reported by Licensee may not be due to an Error in the Software, Mailsage will so notify Licensee. At that time, Licensee may

1. Instruct Mailsage to proceed with problem determination at its possible expense as set forth below, or
   
   
2. Instruct Mailsage that Licensee does not wish the problem pursued at its possible expense. If Licensee requests that Mailsage proceed with problem determination at its possible expense and Mailsage determines that the error was not due to an Error in the Software, Licensee shall pay Mailsage, at Mailsage’s then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. Licensee shall not be liable for
   
   
   1. Problem determination or repair to the extent problems are due to Errors in the Software; or
      
      
   2. Work performed under this paragraph in excess of its instructions; or
      
      
   3. Work performed after Licensee has notified Mailsage that it no longer wishes work on the problem determination to be continued at its possible expense (such notice shall be deemed given when actually received by Mailsage). If Licensee instructs Mailsage that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Licensee’s instructions, Mailsage may, at its sole discretion, elect not to investigate the error with no liability therefore.
   
   
   

EXCLUSIONS

Mailsage shall have no obligation to support:

1. Damaged or modified server product incorporated with or into other software;
   
   
2. Problems caused by Licensee’s negligence, abuse or misapplication, use of product other than as specified in the documentation or other causes beyond the control of Mailsage; or
   
   
3. Software installed on any hardware or software that is not supported by Mailsage. Mailsage shall have no liability for any changes in Licensee’s hardware or software that may be necessary to use Software due to a Workaround or maintenance release.

THESE TERMS AND CONDITIONS CONSTITUTE A SERVICE CONTRACT AND NOT A PRODUCT WARRANTY. ALL PRODUCTS AND MATERIALS RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE APPLICABLE LICENSE BETWEEN MAILSAGE AND LICENSEE. THIS ATTACHMENT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO.