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• ■O 1 HIGHERGROUND IIC.OLO . 5011.171.5 hardware to Customer. Customer will be responsible for the additional cost of expedited shipment. Customer will be responsible for the cost of shipping the defective hardware to HigherGround. Customer will be responsible for installing replacement parts, taking standard precautions to protect electronic parts from liquids, static discharge and physical damage. Hardware Refresh Program HigherGround offers a hardware refresh program to customers on current Maintenance Agreements. Under this program, HigherGround will provide discounted professional services to migrate HigherGround applications to new hardware, whether the hardware is provided by HigherGround or by the Customer. Customer Responsibilities Customer is obligated to share the responsibility of keeping the recording system in good physical condition, recognizing that electronic equipment is, by its nature, subject to misuse and neglect. The customer agrees to maintain an environment conducive to computer equipment operation. Customer agrees to ensure the provision of uninterrupted power to and a dedicated UPS for the recording system. Customer agrees to protect the recording system's operating system and associated software from infiltration of malicious software programs known as "viruses" or "worms". Customer agrees to bear sole responsibility for ensuring the recording system is protected against such infiltration, eradication of same, and any cost associated with recovering lost or damaged data. Customer will be prepared to assist the HigherGround certified technician by providing a complete and accurate description of the trouble symptoms over the phone, performing any routine front panel functions including removing and reapplying main power to the unit as instructed. Customer is responsible for making the recording system accessible to the HigherGround technician via high-speed remote access for scheduled updates and maintenance at times acceptable to both parties. Limitations on Contract Service The Maintenance Agreement covers repairs and service required as a result of normal use and DOES NOT COVER service necessitated by damage incurred in accident, abuse, lightning, earthquake, water damage, flood or other similar,causes. Third party software, including viruses and worms, third party equipment, telephone company line(s) problems, or any damage to or failure of the system caused by same WILL NOT be covered under this Maintenance Agreement. NO COVERAGE is extended under this Agreement to archive media of any type including but not limited to magnetic tape, magneto - optical disk, external hard drive, or other removable media, whether provided as part of the original recording system or subsequently purchased from HigherGround, beyond replacement cost of the media. HigherGround IS NOT responsible for, and Customer agrees not to hold HigherGround liable for lost data. Any cost involved in attempting to recover lost or damaged data will be the sole responsibility of Customer. HigherGround's obligations under this paragraph do not extend to claims arising from any modification to the HigherGround system not made by HigherGround or from the use or combination of the software provided by HigherGround with products provided by the Customer or others. Limitation of Liability HigherGround shall not be liable for any loss or damage suffered by the Customer caused by "Acts of God" or from any other cause beyond the control of HigherGround, and Customer, by signing this Agreement, acknowledges and agrees to this provision. EXCEPT AS PROVIDED HEREIN, HIGHERGROUND'S MAXIMUM LIABILITY WILL BE LIMITED IN ANY EVENT TO ACTUAL DIRECT DAMAGES TO THE EXTENT CAUSED SOLEY BY THE ACTS OR OMISSIONS OF HIGHERGROUND, V:2o17o816 Standard Maintenance Agreement CONFIDENTIAL 818.456.1600 • www.higherground.com • 21201 Victory Blvd, Ste 1o5, Canoga Park CA 91303 HigherGround and the HigherGround logo are registered marks of HigherGround, Inc. Page 7ofn.