Common use of Software Support and Maintenance Clause in Contracts

Software Support and Maintenance. NSB will provide the following Software Support and Maintenance Services: 5.1.1. Support and assistance on technical operational issues and application support to Client’s head office designates as it pertains to the Hosted Applications, and direct to Client’s store personnel for the Store Software, during the Maintenance Period. Such support may be provided using remote access to either Client’s desktops, registers or to the Hosted Applications. All Software problem reports will be acknowledged by NSB by reference number. NSB will attempt to generate a correction by modifying the NSB Software, where applicable, and incorporating the modifications in the next Software Release to obviate or mitigate the effect of the defect and to use its commercially reasonable efforts to ensure that the owner of any Third Party Software provides a correction to the Third Party Software, where the problem is, in NSB’s opinion, in the Third Party Software. 5.1.2. Respond to Client’s inquiries pertaining to all Software procedural queries that are not covered in either the available NSB Documentation or associated training. 5.1.3. Fault diagnosis and, where possible, recommendations for corrections, subject to the limitations which may be imposed by contractual restrictions of any Third Party, following the reporting of any Software problem by Client. NSB shall use commercially reasonable efforts to commence investigation of the problem within the initial response time as set forth in Schedule “C” to this Agreement. Diagnosis and resolution of operational problems will generally be carried out remotely. NSB Software as a Service Agreement Page 6 of 66 February 26, 2008 Boot Barn Inc. 5.1.4. NSB shall install new releases to a hosted test environment. Client shall have the opportunity to perform testing of the new releases. Client shall be provided with at least thirty (30) days from the date on which it is notified by NSB that the new release has been applied to notify NSB in writing of any issues or concerns. Failure by Client to notify NSB in writing within such period shall be construed as deemed acceptance and NSB shall have sole discretion to apply the new releases to the live production environment. Notwithstanding the foregoing, fixes may be applied directly to the live production environment where NSB deems that to do so would be appropriate under the circumstances. 5.1.5. Provide to Client new releases to the Software including Documentation if available, on the condition that these new releases are compatible with Client’s Desktop Computers. New releases shall not include any options, future products, or new versions of the same product previously licensed by Client which NSB licenses to its clients generally at additional cost and/or under separate agreement. Client shall be charged on a time and materials basis for training and other services rendered by NSB in connection with the new releases. It will be Client’s obligation to attend training classes at NSB Montreal, via web conference or Client’s location, as designated by NSB. 5.1.6. Provide to Client one copy per store of the new Store software releases, maintenance releases and fixes that are generally made available by NSB to its clients, including Documentation (if applicable), on the condition that these releases and fixes are compatible with Client’s POS Equipment. New releases shall not include any options, future products, or new versions of the same product previously licensed by Client which NSB licenses to its clients generally at additional cost or under separate agreement. Client shall be charged on a time and materials basis for training and any other services rendered by NSB to Client in connection with the new Store Software releases. It will be Client’s obligation to attend training classes at NSB Montreal, via web conference or Client’s location, as designated by NSB. Client and/or Client’s store personnel shall work with NSB to deploy and install new POS software releases, maintenance releases and fixes. 5.1.7. In addition to supporting the current release of the Store Software, NSB will support all releases that have been delivered to Client within the preceding year. For greater clarity, NSB shall support the current shipping release and one previous release. NSB shall have no obligation to provide support if Client does not comply with the foregoing. NSB Software as a Service Agreement Page 7 of 66 February 26, 2008 Boot Barn Inc.

Software Support and Maintenance. NSB 39.1 As part of the Software support and maintenance services, Licensor will provide maintain the following Software Support and Maintenance Services: 5.1.1. Support and assistance on technical operational issues and application support to Client’s head office designates as it pertains Products in an operable condition according to the Hosted Applications, specifications contained in the technical manuals and direct to Clientas outlined in the LOC and the Licensor’s store personnel for the Store Software, during the Maintenance PeriodProposal in response thereto. Such support may be provided using remote access to either Client’s desktops, registers or Licensor shall provide Licensee with Enhancements to the Hosted ApplicationsSoftware as they are made generally available from time to time. All Software problem reports will be acknowledged by NSB by reference number. NSB will attempt Notwithstanding any other provisions of this Agreement, Licensor shall provide support only with respect to generate a correction by modifying the NSB Software, where applicable, and incorporating the modifications in the next Software Release to obviate or mitigate the effect then-current generally available version of the defect and to use its commercially reasonable efforts to ensure that the owner of any Third Party Software provides a correction to the Third Party Software, where the problem is, in NSB’s opinion, in the Third Party Software. 5.1.239.2 Licensor shall also provide unlimited email and toll-free telephone technical support in the operation of the Software Products twenty-four (24) hours a day, seven (7) days a week. Respond Licensor shall respond by telephone within one (1) hour to Clientrequests for support services. Licensee shall be given priority placement in the support queue for all system locking situations or problems claimed by Licensee to be a mission critical process. Upon receipt of Licensee’s inquiries pertaining call, Licensor will (a) create an error report, (b) assign a severity level and (c) attempt to all resolve the Software procedural queries problem in accordance with the procedures and processes for problem resolution detailed below. It is understood by the parties that are not covered in either the available NSB Documentation Licensee and Licensor must mutually agree on whether an error is classified as a Severity Level 1, 2, or associated training3 error. 5.1.3. Fault diagnosis and, where possible, recommendations for corrections, subject to the limitations which may be imposed by contractual restrictions of any Third Party, following the reporting of any Software problem by Client. NSB shall use commercially reasonable efforts to commence investigation of the problem within the initial response time as set forth in Schedule “C” to this Agreement. Diagnosis and resolution of operational problems will generally be carried out remotely. NSB Software as a Service Agreement Page 6 of 66 February 26, 2008 Boot Barn Inc. 5.1.4. NSB shall install new releases to a hosted test environment. Client shall have the opportunity to perform testing of the new releases. Client shall be provided with at least thirty (30) days from the date on which it is notified by NSB 39.3 Severity Level 1 implies that the new release has been applied Software is not functioning. Some examples of Severity Level 1 Software problems are as follows: (a) Software is down and will not restart; (b) Software is not able to notify NSB in writing of any issues communicate with external systems; and (c) Software is generating a data corruption condition. Licensor shall resolve Severity Level 1 Software Errors within one (1) business day, or concernswithin a mutually agreed upon time frame. Failure by Client When a Severity Level 1 Software Error is reported, Licensor will assign resources necessary to notify NSB in writing within such period shall be construed as deemed acceptance and NSB shall have sole discretion to apply correct the new releases to the live production environmentSoftware Error. Notwithstanding the foregoing, fixes may be applied directly to the live production environment where NSB deems that to do so would be appropriate under the circumstances. 5.1.5. Provide to Client new releases If access to the Software including Documentation if availableis required, on Licensee will provide a contact available to Licensor and access to Licensee’s system and other software for the condition duration of the error correction procedures. 39.4 Severity Level 2 implies that these new releases are compatible with Client’s Desktop Computers. New releases shall (a) an essential function does not include any options, future productswork as documented, or new versions of (b) testing and usage can continue but the same product previously licensed by Client which NSB licenses task cannot be completed, and no workarounds exist. Licensor shall assign at least one (1) dedicated person to its clients generally at additional cost and/or under separate agreement. Client the problem and shall be charged on resolve Severity Level 2 Software Errors within two (2) business days, or within a mutually agreed upon time and materials basis for training and other services rendered by NSB in connection with the new releases. It will be Client’s obligation to attend training classes at NSB Montreal, via web conference or Client’s location, as designated by NSBframe. 5.1.639.5 Severity Level 3 implies a Software Error such that implementations of function do not match specification and/or technical Documentation, and a workaround may exist. Provide to Client one copy per store of the new Store software releases, maintenance releases and fixes that are generally made available by NSB to its clients, including Documentation Licensor shall resolve Severity Level 3 Software Errors within ten (if applicable), on the condition that these releases and fixes are compatible with Client’s POS Equipment. New releases shall not include any options, future products10) business days, or new versions of the same product previously licensed by Client which NSB licenses to its clients generally at additional cost or under separate agreement. Client shall be charged on within a mutually agreed upon time and materials basis for training and any other services rendered by NSB to Client in connection with the new Store Software releases. It will be Client’s obligation to attend training classes at NSB Montreal, via web conference or Client’s location, as designated by NSB. Client and/or Client’s store personnel shall work with NSB to deploy and install new POS software releases, maintenance releases and fixesframe. 5.1.7. In addition to supporting the current release of the Store Software, NSB will support all releases that have been delivered to Client within the preceding year. For greater clarity, NSB shall support the current shipping release and one previous release. NSB shall have no obligation to provide support if Client does not comply with the foregoing. NSB Software as a Service Agreement Page 7 of 66 February 26, 2008 Boot Barn Inc.

Software Support and Maintenance. NSB 39.1 As part of the Software support and maintenance services, Licensor will provide maintain the following Software Support and Maintenance Services: 5.1.1. Support and assistance on technical operational issues and application support to Client’s head office designates as it pertains Products in an operable condition according to the Hosted Applicationsspecifications contained in the technical manuals and as outlined in the LOC, General RFP No. 3423 and direct to Clientthe Licensor’s store personnel for the Store Software, during the Maintenance PeriodProposals in response thereto. Such support may be provided using remote access to either Client’s desktops, registers or Licensor shall provide Licensee with Enhancements to the Hosted ApplicationsSoftware as they are made generally available from time to time. All Software problem reports will be acknowledged by NSB by reference number. NSB will attempt Notwithstanding any other provisions of this Agreement, Licensor shall provide support only with respect to generate a correction by modifying the NSB Software, where applicable, and incorporating the modifications in the next Software Release to obviate or mitigate the effect then-current generally available version of the defect and to use its commercially reasonable efforts to ensure that the owner of any Third Party Software provides a correction to the Third Party Software, where the problem is, in NSB’s opinion, in the Third Party Software. 5.1.239.2 Licensor shall also provide unlimited technical support for the operation of the Software Products via email, a toll-free telephone support hotline, and an Internet help desk, all of which are available as defined in the LOC, General RFP No. Respond 3423 and Licensor’s Proposals in response thereto. Licensor shall respond by telephone to Clientsupport calls made to Licensor’s inquiries pertaining toll free support line within one (1) hour to requests for support services for all calls made during the help desk hours of 7:00 A.M. to 7:00 P.M. (Central Time) and respond within one (1) business day to all calls made outside of these hours., and provide problem resolution within two (2) hours thereafter. Licensee shall be given priority placement in the support queue for all system locking situations or problems claimed by Licensee to be a mission critical process. Upon receipt of Licensee’s call, Licensor will (a) create an error report, (b) assign a severity level and (c) attempt to resolve the Software procedural queries problem in accordance with the procedures and processes for problem resolution detailed below. It is understood by the parties that are not covered in either the available NSB Documentation Licensee and Licensor must mutually agree on whether an error is classified as a Severity Level 1 or associated training2 error. 5.1.339.3 Severity Level 1 implies that the Software is not functioning. Fault diagnosis and, where possible, recommendations for corrections, subject Some examples of Severity Level 1 Software problems are as follows: (a) Software is down and will not restart; (b) Software is not able to the limitations which may be imposed by contractual restrictions of any Third Party, following the reporting of any communicate with external systems; and (c) Software is generating a data corruption condition. Licensor shall use reasonable best efforts to resolve Severity Level 1 Software problems within two one (21) business days. When a Severity Level 1 Software problem by Client. NSB shall use commercially reasonable efforts is reported, Licensor will assign resources necessary to commence investigation correct the Software error if the error is mutually agreed upon to be the fault of the problem within the initial response time as set forth in Schedule “C” to this AgreementLicensor. Diagnosis and resolution of operational problems will generally be carried out remotely. NSB Software as a Service Agreement Page 6 of 66 February 26, 2008 Boot Barn Inc. 5.1.4. NSB shall install new releases to a hosted test environment. Client shall have the opportunity to perform testing of the new releases. Client shall be provided with at least thirty (30) days from the date on which it is notified by NSB that the new release has been applied to notify NSB in writing of any issues or concerns. Failure by Client to notify NSB in writing within such period shall be construed as deemed acceptance and NSB shall have sole discretion to apply the new releases to the live production environment. Notwithstanding the foregoing, fixes may be applied directly to the live production environment where NSB deems that to do so would be appropriate under the circumstances. 5.1.5. Provide to Client new releases If access to the Software including Documentation if availableis required, on Licensee will provide a contact available to Licensor and access to Licensee’s system and other software for the condition duration of the error correction procedures. 39.4 Severity Level 2 implies that these new releases are compatible with Client’s Desktop Computers. New releases shall (a) an essential function does not include any options, future productswork as documented, or new versions (b) testing and usage can continue but the task cannot be completed, and no workarounds exist. Licensor shall assign at least one (1) dedicated person to the problem and shall use reasonable best efforts to resolve Severity Level 2 Software problems within five two (52) business days if the error is mutually agreed upon to be the fault of the same product previously licensed by Client which NSB licenses to its clients generally at additional cost and/or under separate agreement. Client shall be charged on a time and materials basis for training and other services rendered by NSB in connection with the new releases. It will be Client’s obligation to attend training classes at NSB Montreal, via web conference or Client’s location, as designated by NSBLicensor. 5.1.639.5 Severity Level 3 implies that implementations of function do not match specification and/or technical Documentation, and a workaround may exist. Provide Licensor shall use reasonable best efforts to Client one copy per store resolve Severity Level 3 Software problems within ten (10) business days if the error is mutually agreed upon to be the fault of the new Store software releases, maintenance releases and fixes that are generally made available by NSB to its clients, including Documentation (if applicable), on the condition that these releases and fixes are compatible with Client’s POS Equipment. New releases shall not include any options, future products, or new versions of the same product previously licensed by Client which NSB licenses to its clients generally at additional cost or under separate agreement. Client shall be charged on a time and materials basis for training and any other services rendered by NSB to Client in connection with the new Store Software releases. It will be Client’s obligation to attend training classes at NSB Montreal, via web conference or Client’s location, as designated by NSB. Client and/or Client’s store personnel shall work with NSB to deploy and install new POS software releases, maintenance releases and fixesLicensor. 5.1.7. In addition to supporting the current release of the Store Software, NSB will support all releases that have been delivered to Client within the preceding year. For greater clarity, NSB shall support the current shipping release and one previous release. NSB shall have no obligation to provide support if Client does not comply with the foregoing. NSB Software as a Service Agreement Page 7 of 66 February 26, 2008 Boot Barn Inc.