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4b 40 iii. Hardware Uptradcs. in the occasional event a Software Update being released by Seller requires a corresponding hardware change, Subscriber will need to separately purchase the compatible hardware upgrade required. Seller will endeavor to notify Subscriber in advance via the EDACS PX Bulletin or, if applicable, via EDACS FX's upgrade planning service of any hardware changes needed in order to implement a Software Update. No such notice will be given for Vendor Products or Excluded products, and no hardware upgrade may be available. iv. Optional Support Services. Other Software support services Subscriber may require, including, but not limited to, training, customized soflwarc programming or troubleshooting through Seller's Technical Assistance Center are outside the scope of this Agreement but may be obtainable through other programs offered by Seller for Licensed Programs for Designated Systems (as distinct from Vendor Products or Excluded Products), v. Remote Site Trans ortation Costs, For those sites that are not readily accessible by motor vehicle and require special transportation arrangements in order to gam access for Designated System audits, Subscriber will be responsible for providing the transportation to the site and reasonable lodging and other support where same day service is not sufficient. d. CONDITIONS FOR SERVICE k. Enrollment Deadline. Subscriber agrees to enroll in EDACS FX no later than sixty (64) days alter the earlier of: (i) the first expiration date of the warranty provided by Seller for any component of Subscriber's Designated System under the Contract applicable thereto, or (ii) the expiration date of [tic first warranty provided by Seller for any of the software within Subscriber's Designated System, If Subscriber's first such system warranty has already expired when Subscriber is first presented with the EDACS PX program, Subscriber will be given a 60 -day grace period in which to enroll in EDACS FX. Subscribers meeting this deadline requirement will receive, at no additional charge as described in Section 3.A.i, of this Agreement, the licensed Program Software needed to bring their Designated System up to Seller's Current Software Release Levels to the extent the Designated System hardware is compatible with such Software. Update. B. Subscriber Contact. Seller requests that Subscriber identify its Subscriber Contact designee in Section 5.33. of the Schedule A to this Agreement. To the maximum extent practicable, Subscriber's communications with Seiler (with regard to the Software Updates provided under this Agreement) should be through the Subscriber Contact. Subscriber shall designate a person with stalticient technical expertise to be able to interact knowledgeably with Seller's technical support personnel. C. Installation. Subscriber agrees properly to install the Soltwarc Updates provided by Seller and in order of receipt from Seller. Subscriber understands that Soltware support provided by Seller is limited to Seller's current commercially available and current -minus -one Update release levels of licensed Programs ror Designated Systems. D. Media Labelin . Subscriber agrees that if it chooses to make its owtt copies or any Software media supplied by Seller, whether for backup purposes or in order to install a Software Update throughout their Designated System, Subscriber will reproduce any copyright notice andlor proprietary notice appearing on andtor in such Updates and will label Subscriber copies with the inloranation, including part numbers and revision levels, provided on the set of media provided by Seller. Nothing herein grants Subscriber any right to sublicense any Software or to distribute copies to any other person and such sublicensing and distribution is expressly published. E. No Modification of Software. Subscriber agrees not to modify, enhance or otherwise alter (lie Software unless specifically authorized in the user documentation Provided by the Seller with each Software Update or unless the Prior written consent of Seller is obtained. Under no circumstance shall Subscriber create or permit the creation or any derivative work from any Software or the reverse engineering or replication of any Software. F. Seller's obligations under this Agreement are conditional upon Subscriber's compliance %with the terms of this Agreement and any purchase contract then in effect between Seller and Subscriber.