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(c) ESi represents and warrants that service availability of the ASP Environment will meet a "high <br />availability" measure of 99.9 % system "up time," excluding scheduled outages. If ESi fails to meet this <br />availability criteria within any month, upon Licensee request, ESi shall extend the term of this Agreement <br />for one day for each day, or portion thereof, the ASP Environment is verified by Licensee and ESi to be <br />unavailable in that month, up to a maximum of 30 days at no additional charge. <br />(d) ESi shall only be responsible for performance of components of the Hosted System and Services <br />under its control. ESi shall not be responsible for performance deficiencies caused by processes, <br />hardware and software beyond its control including, but not limited to, information transmission delays <br />due to excessive internet traffic, internet outages, or failure of Licensee to perform its obligations under <br />this Agreement. <br />(e) The warranties set forth in this Section shall be void if any breach of this warranty or failure of <br />the hosting environment or Software is caused by unauthorized use, improper use or modification to <br />Software made by Licensee or its authorized users. <br />5. Limitations on Use of Services <br />(a) Access to the Hosted System may not be rented, leased, sold, sub -leased, assigned or otherwise <br />transferred for value by Licensee to any third party. <br />(b) Hosted System and Hosting Services are provided to support the Software which is an <br />information management tool. Hosting Services are not guaranteed to be fault-tolerant or to provide fail- <br />safe performance. Hosting Services are not appropriate for use in ultra -hazardous environments where <br />failure of the Hosted System or ASP Environment may lead to bodily injury, death or destruction of <br />property. <br />(c) Installation of software applications in ASP Environment is limited to software licensed to <br />Licensee by ESi and software supplied by ESi either as a component of the Hosted System or to support <br />delivery of Hosting Services. <br />(d) The Licensee shall not conduct any load testing, performance testing or any other test of the <br />Hosted System which may degrade performance or limit or adversely impact availability of the ASP <br />Environment for other customers. <br />Rev 01/13/2014 <br />or other permanent fix and revised <br />documentation to Licensee within 45 <br />business days. <br />Software, Severity 4 <br />Within 5 business days <br />Delivery by ESi of a patch, <br />workaround or temporary fix and <br />revised documentation to Licensee <br />within 30 business days; and <br />Delivery by ESi of the object code fix <br />or other permanent fix and revised <br />documentation to Licensee as <br />appropriate. <br />(c) ESi represents and warrants that service availability of the ASP Environment will meet a "high <br />availability" measure of 99.9 % system "up time," excluding scheduled outages. If ESi fails to meet this <br />availability criteria within any month, upon Licensee request, ESi shall extend the term of this Agreement <br />for one day for each day, or portion thereof, the ASP Environment is verified by Licensee and ESi to be <br />unavailable in that month, up to a maximum of 30 days at no additional charge. <br />(d) ESi shall only be responsible for performance of components of the Hosted System and Services <br />under its control. ESi shall not be responsible for performance deficiencies caused by processes, <br />hardware and software beyond its control including, but not limited to, information transmission delays <br />due to excessive internet traffic, internet outages, or failure of Licensee to perform its obligations under <br />this Agreement. <br />(e) The warranties set forth in this Section shall be void if any breach of this warranty or failure of <br />the hosting environment or Software is caused by unauthorized use, improper use or modification to <br />Software made by Licensee or its authorized users. <br />5. Limitations on Use of Services <br />(a) Access to the Hosted System may not be rented, leased, sold, sub -leased, assigned or otherwise <br />transferred for value by Licensee to any third party. <br />(b) Hosted System and Hosting Services are provided to support the Software which is an <br />information management tool. Hosting Services are not guaranteed to be fault-tolerant or to provide fail- <br />safe performance. Hosting Services are not appropriate for use in ultra -hazardous environments where <br />failure of the Hosted System or ASP Environment may lead to bodily injury, death or destruction of <br />property. <br />(c) Installation of software applications in ASP Environment is limited to software licensed to <br />Licensee by ESi and software supplied by ESi either as a component of the Hosted System or to support <br />delivery of Hosting Services. <br />(d) The Licensee shall not conduct any load testing, performance testing or any other test of the <br />Hosted System which may degrade performance or limit or adversely impact availability of the ASP <br />Environment for other customers. <br />Rev 01/13/2014 <br />