Common use of MAINTENANCE AND UPGRADES Clause in Contracts

MAINTENANCE AND UPGRADES. It is not possible for us to anticipate all the ways a user might apply StairBiz or the various combinations of options and features that might be used. In the user’s best interest (on average) we have taken the approach that, rather than set “hard” limits to the use of STAIRBIZ in every situation, in many cases the user may keep pushing the possibilities until such time as the program fails to respond in the way anticipated. You agree that such failure does not necessarily represent cause for maintenance. You agree to check all output prior to quotation and manufacture and to satisfy yourself that such output is accurate and appropriate. Upgrades consist of periodically released new or enhanced features and bug fixes. Upgrades may also be in response to changes in computers’ operating systems. You shall not oblige us to maintain versions of StairBiz which are less recent than the most recent version. Upgrades as they become available are free of charge for the first twelve months. Thereafter you have the option to participate in the Continuous Upgrade Program, the fee for which shall be 7% of total license fees (prior to any discounts being applied), per annum, indexed for inflation, payable from twelve months after installation of your first StairBiz license. If you apply for participation in the Continuous Upgrade Program after a period of non-participation (excluding the initial twelve months free period), the fees for the period of such non-participation shall be made good prior to you joining or re-joining the program.

MAINTENANCE AND UPGRADES. It is not possible for us to anticipate all the ways a user might apply StairBiz or the various combinations of options and features that might be used. In the user’s best interest (on average) we have taken the approach that, rather than set “hard” limits to the use of STAIRBIZ in every situation, in many cases the user may keep pushing the possibilities until such time as the program fails to respond in the way anticipated. You agree that such failure does not necessarily represent cause for maintenance. You agree to check all output prior to quotation and manufacture and to satisfy yourself that such output is accurate and appropriate. Upgrades consist of periodically released new or enhanced features and bug fixes. Upgrades may also be in response to changes in computers’ operating systems. You shall not oblige us to maintain versions of StairBiz which are less recent than the most recent version. Upgrades as they become available are free of charge for the first twelve months. Thereafter you have the option to participate in the Continuous Upgrade Program, the fee for which shall be 7% of total license fees (prior to any discounts being applied), per annum, indexed for inflation, payable from twelve months after installation of your first StairBiz license. If you apply for participation in the Continuous Upgrade Program after a period of non-non- participation (excluding the initial twelve months free period), the fees for the period of such non-non- participation shall be made good prior to you joining or re-joining the program.