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Under this Agreement, Replay resolves to work toward giving your Equipment availability approaching 100%. To do
<br />this, Replay may, based on technical judgments made by Replay's service personnel, request to be able to monitor
<br />machine functions via its Remote Diagnostic Facility ("RDF"), but always with prior knowledge, approval, and
<br />cooperation of Purchaser. At such time, Replay may also make changes to the resident software, but never in a way
<br />that would knowingly disrupt normal operations, violate security, or disturb Purchaser's records. In addition, Replay
<br />may, from time to time, recommend and initiate replacement of suspect component parts at no expense to Purchaser,
<br />but with Purchaser's planned cooperation regarding replacement work. This will always be done with every intention
<br />of minimizing disruption.
<br />Finally, if Replay deems it advisable for a manufacturer's service technician to visit and perform machine or
<br />operational remediation on-site, such a trip will be initiated by Replay, but with the full knowledge and cooperation of
<br />Purchaser. If such a visit is necessitated as a result of Equipment defect or normal wear and tear, the full expenses for
<br />such visit, including per diem, living expenses and all incidental costs relating either to the trip or the service work, will
<br />be the responsibility of Replay, with no cost to the Purchaser. In all other instances, Purchaser shall bear all costs and
<br />expenses associated with the visit. Purchaser shall maintain on-site environmental conditions as specified by Replay
<br />on-site representatives. These conditions will be within the common environmental range of all system components.
<br />4. TITLE
<br />Title to all documentation and software relating to the Equipment shall remain with Replay or its supplier, as
<br />applicable. Purchaser, as licensee, acknowledges that all such documentation and software are proprietary and
<br />confidential, and will hold in confidence all such information, as well as information concerning maintenance and
<br />diagnostics. Purchaser shall have the right to use such software as long as Purchasefowns the Equipment to which the
<br />software relates, and agrees to hold in confidence all technical and trade secret information including, without
<br />limitation, the content of and information relating to software, including source code, object code, software updates
<br />supplied by Replay in respect thereto, all subsequent modifications of code made by Replay pursuant to maintenance
<br />and/or diagnostic evaluation, and all documentation relating to any of the foregoing. Purchaser ensures that access to
<br />such information will be limited to employees who must have access to use the Equipment effectively. The terms,
<br />provisions, and obligations of this section 4 shall survive the termination of this Agreement. 1=!.\
<br />5. EXCLUSIONS
<br />Replay's services to the Purchaser hereunder do not include:
<br />a. Electrical work external to the Equipment;
<br />b. Maintenance of accessories, attachments, machines, or devices other than the Equipment and/or not furnished
<br />by Replay;
<br />C. Repair of damages resulting from: accident, neglect, negligence, intentional conduct, or misuse; fluctuations
<br />of temperature or humidity; failure of electrical power; lightning; causes other than ordinary use; or
<br />maintenance or repair of the Equipment by persons other than Replay personnel or its authorized
<br />representatives;
<br />d. Painting or refinishing, making changes or modifications unrelated to a failure of the Equipment, or
<br />performing services connected with relocation of Equipment;
<br />e. Adding or removing accessories, attachments, or other devices;
<br />f. Services rendered impractical due to alterations to the Equipment or because of electrical or other
<br />connections to the Equipment not supplied by Replay;
<br />g. Any products or accessories deemed disposable items (i.e., headsets, UPSs, tapes, DVDs, phone couplers,
<br />logger patches)
<br />h. Any items or services not specifically described in section 3, above.
<br />i. Customer provided servers
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<br />Revised: 05/15/08 v, `� Leve12
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