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4play <br /> 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 <br />, 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 <br /> perform machine or <br /> operational remediation on-site, such a trip will be initiated by Replay, but with the full knowledge and cooperation <br /> of <br /> Purchaser. If such a visit is necessitated as a result of Equipment defect or normal wear and tear, the full expenses <br /> for <br /> such visit, including per diem, living expenses and all incidental costs relating either to the trip or the service work, <br /> will <br /> be the responsibility of Replay, with no cost to the Purchaser. In all other instances, Purchaser shall bear all costs <br /> 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 <br /> its supplier, as <br /> applicable. Purchaser, as licensee, acknowledges that all such documentation and software are proprietary <br /> and <br /> confidential , and will hold in confidence all such information, as well as information concerning maintenance <br /> and <br /> diagnostics. Purchaser shall have the right to use such software as long as Purchase owns the Equipment to which the <br /> software relates, and agrees to hold in confidence all technical and trade secret information including, <br /> 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. Documentation <br /> not <br /> proprietary or confidential may be released by Purchaser upon request under the Florida Public Records Law Chanter <br /> 119, Florida Statute <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 <br /> 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, <br /> 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 <br /> 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 <br /> ss/replayserviceag. 10 . 7 . 03 2 <br /> Revised : 10/20/08 Replay Service Agreement <br /> Level 2 <br />