MAINTENANCE AND SUPPORT TERMS This MAINTNENANCE AND SUPPORT SCHEDULE (“Schedule”) is subject to the terms and conditions of the License Agreement, dated {_contract effective date_} (the “Agreement”) entered into between the Parties. The Agreement is incorporated into this Schedule by this reference. All capitalized or abbreviated terms not otherwise defined herein shall have the same meaning as in the Agreement. 1. DEFINITIONS: a. “Fault” is a failure of the Licensed Software to operate in accordance with the Documentation and Technical Specification. b. “Fault Call” is a Fault reported by the Customer via the “Contact Email Address” (support@virtdb.com). c. “Helpdesk” is the helpdesk provided by VirtDB Inc which is accessed via the Contact Email and Telephone Number to promptly deal with Customer queries relating to the Licensed Software and identify Faults. d. “Maintenance Hours” are 9.00 - 18.00 hours on a Business Day in CET unless otherwise agreed between the parties. e. “New Version” is a new version of the Licensed Software which provides significant additional or enhanced functionality and/or significantly enhanced performance in comparison with the previous version and is offered by the VirtDB Inc. as a separate product to all of the VirtDB Inc. customers (which may be indicated by a new version number or product name) for an increased or additional charge. For the avoidance of doubt, VirtDB Inc. shall offer to the Customer at no additional charge those components of all such new versions of the Licensed Software providing the functionality is already licensed by the Customer. f. “Permanent fix” in this context means the permanent provision to the Fault originator (or nominee) of access to amended software that corrects the reported incident. The “permanent fix” will be marked as completed by VirtDB Inc. when the originator (or nominee) has accepted that the “permanent fix” has corrected the reported incident to their satisfaction. Elapsed time for testing and verification by the Fault originator (or nominee) is excluded from the measurement of VirtDB Inc. elapsed time to provide the “permanent fix”. g. “Patches” is a patch to enhance and/or update the functionality of the Licensed Software to address any failure of the Licensed Software to function and perform in accordance with the Technical Specification and/or the Documentation. h. “Releases” is all Patches, revisions and updates to the Licensed Software which correct faults, contains consolidated error corrections, and/or adds minor functional enhancements (but does not constitute a New Version) and which VirtDB Inc. makes generally available to its customers in respect of the Licensed Software without additional charge and/or to those customers who receive services similar to the Maintenance and Support Services. i. “Response” in this context means VirtDB Inc. contacting the Fault originator to seek further clarification or information about the incident and to provide the originator with timescales for the next update. j. “Service Levels” means the service levels as specified in the table below. k. “Temporary fix or workaround” in this context means the communication to the Fault originator (or nominee) of a suitable alternative means of achieving the business function using either other system functions or established manual procedures (i.e. a workaround), or some other interim solution to the Fault. l. The “temporary fix or workaround” will be marked as completed by VirtDB Inc. when the Fault originator (or nominee) has accepted that the “temporary fix or workaround” has temporarily or permanently corrected the reported Fault to their satisfaction. Elapsed time for testing and verification by the Fault originator (or nominee) is excluded from the measurement of VirtDB Inc. elapsed time to provide the “temporary fix or workaround”. m. “Time shown” refers to the elapsed time from the time the Fault Call is made. If both parties agree that insufficient information has been given for VirtDB Inc. to analyse the problem, then an appropriate amount of time will be deducted from the timings. This deduction of time will take account of the period whilst the information was lacking and the extent to which it impacted on VirtDB Inc. ability to analyse the problem. n. “Update” means communication from VirtDB Inc. to the Customer on the status of the Fault. o. “Service Levels” means the service levels as specified below. 2. CUSTOMER RESPONSIBILITIES FOR MAINTENANCE AND SUPPORT Customer shall use commercially reasonable efforts to perform the following tasks with regard to Maintenance and Support: a. Maintain a competent and complete technical understanding of its own technical infrastructure; b. Review frequently asked questions, release notes and other documentation on http://virtdb.com/support/ c. Develop knowledge and understanding of the Licensed Software to be deployed d. Gather and validate log files, configuration files and operating system crash files in the event of a Licensed Software crash; e. Accurately characterize Licensed Software problems reported and describe their business impact; f. Reasonably describe symptoms of Licensed Software problems; g. Provide background information leading up to Licensed Software problems; h. Describe Customer steps or actions to try and resolve such problems’ i. Describe, if applicable, any changes to the Licensed Software environment; j. Submit validated log, configuration and other files to VirtDB Inc for analysis; k. Provide timely and accurate responses to “VirtDB Inc” requests; and l. Provide timely feedback on fixes and recommendations. 3. MAINTENANCE AND SUPPORT ESCALATION PROCEDURES Maintenance and Support shall be provided as set forth in Section 8 of the Agreement. Customer shall provide an accurate description of the problem and the severity of the problem, stating the circumstances that lead to the severity condition. The actual severity level maybe re-determined by the parties during the problem resolution process, but VirtDB Inc shall have the final authority as to the actual designation. VirtDB Inc. shall respond to problems with the Licensed Software based upon the severity of the problem according to this schedule. 4. MAINTENANCE AND SUPPORT SERVICES: During the Maintenance and Support Hours, VirtDB Inc. shall, in accordance with the Agreement and Service Levels: a. Provide a Helpdesk using competent personnel who have sufficient skill and expertise to enable them to operate the Helpdesk. b. Accept Fault Calls via the Contact Email Address. c. Respond to and investigate Fault Calls. d. Provide regular progress and resolution reports on Fault Calls. e. Provide a temporary fix or workaround prior to providing a permanent fix for all Faults. f. Provide the Customer with fully tested fixes for Faults in both object and source code, all necessary instructions to enable the Customer to implement the fix together with appropriate amendments to the Documentation specifying the nature of the correction and providing instructions for the implementation of the fix; and g. Provide the Customer with reasonable assistance to implement such fixes which may include VirtDB Inc. or its Local Partner attending at the Customer’s premises to oversee and, if necessary, implement the installation of such fixes, if the Customer experiences difficulties in implementing them. 5. CALL PRIORITY DEFINITION All Faults will be assigned a priority by VirtDB Inc. in accordance with the guidelines set out below: Priority Definition Priority 1 A Fault which inhibits all or substantially all of the Licensed Software from functioning. A level 1 Fault is severe and / or mission critical. Priority 2 A Fault where major functionality of the Licensed Software is inhibited, but this Fault does not materially disrupt Customer’s business. Priority 3 A Fault where a feature of the Licensed Software is inhibited, but this Fault does not materially disrupt Customer’s business. Priority 4 A Fault which is minor or cosmetic in nature. At VirtDB Inc. discretion, the priority of a Fault may alter during its lifetime due to a change in circumstances or a failure to comply with the Service Levels. 6. SERVICE LEVELS The table below defines the times within which VirtDB Inc. will respond, update, provide a fix/workaround and to provide a resolution to a Fault. VirtDB Inc. shall respond to problems with the Licensed Software based upon the severity of the problem according to the following schedule: Priority Response Time Update Time Temporary Fix / Workaround Time Permanent Fix Priority 1 VirtDB Inc. shall: acknowledge the logging of the Fault within two hours of the Customer notifying the VirtDB Inc. of a Fault. Every two hours VirtDB Inc. shall use every effort to restore the Licensed Software and continue work until the Licensed Software restoration or workaround is provided. VirtDB Inc. shall use every effort to provide restoration of level 1 Faults within 12 hours from the Customer’s notifying VirtDB Inc. of a level 1 Fault. Next interim build release Priority 2 VirtDB Inc. shall acknowledge the logging of the Fault within two hours of Customer notifying VirtDB Inc. of a Fault. Every six hours VirtDB Inc. shall use every effort to restore the Licensed Software and continue work until the Licensed Software restoration or workaround is provided. VirtDB Inc. shall use every effort to provide restoration of level 2 Faults within 24 hours from the Customer notifying VirtDB Inc. of a level 2 Fault. Next interim build release Priority 3 VirtDB Inc. shall acknowledge the logging of the Fault within 24 hours of the Customer notifying VirtDB Inc. of a Fault. Every 24 hours VirtDB Inc. shall use every effort to restore the Licensed Software and continue work during normal business hours until the Licensed Software restoration or workaround is provided. VirtDB Inc. shall use every effort to provide restoration of level 3 Faults within four Business Days from the Customer notifying VirtDB Inc. of a level 3 Fault. Next planned build release Priority 4 VirtDB Inc. shall acknowledge the logging of the Fault within 24 hours of the Customer notifying VirtDB Inc. of a Fault. Every five Business Days. VirtDB Inc. shall provide restoration of level 4 Faults in the New Version of the Licensed Software. Next planned build release 7. MISCELLANEOUS In the event VirtDB Inc. requests any software “dumps”, tapes, logs or any other documentation from Customer to resolve a reported problem, such documentation shall be forwarded through electronic means (email or ftp) or by overnight courier by Customer at Customer’s expense, if electronic means are not available. Additional hardware, implementation and training services may be required for implementation of Releases.