Common use of Support Services for Software Clause in Contracts

Support Services for Software. ĂͿ ^ƵďũĞĐƚ ƚŽ ^ĞĐƚŝŽŶ ϲ ŽĨ ƚŚĞƐĞ tD^ dĞƌŵƐ͕ ,ŝƚĂĐŚŝ͛Ɛ ordinary use of the software in accordance with its Documentation, as provided through: (i) ƌĞŵŽƚĞ ƚĞůĞƉŚŽŶĞ ƐƵƉƉŽƌƚ HŽitaƌch i SƐupƵpoƉrtƉPoŽrtƌal͟ƚͿ ǀƚŝŽĂ͗ ƚ;ŚϭĞͿ ŽŝŶĚůĞŝŶƚĞŝ assist in resolving the Defect; (2) advise on installation of Updates; (3) and respond to minor software information queries. (ii) on-site intervention and the provision of Patches and Fixes, Service Packs, respectively at Hitachi's sole discretion; and (iii) the provision of access to Updates as and when Hitachi makes them generally available. Additional fees for Updates and/or Upgrades may apply. Access to Updates will be without additional charge where Hitachi provides the Updates on that basis to its general customer base. ͞WĂƚĐŚĞƐ mĂeaŶn cĚha ng&esŝmdžadĞe Ɛto ͟the software by Hitachi that establish or restore substantial conformity with the Documentation. Patches refers to minor enhancements to the software that typically provide interoperability updates and Fixes refers to error corrections to the software. Errors must be reproducible. ͞^ĞƌǀŝĐmĞe anWanĂaĐccŬumƐul͟ati on of Patches and Fixes into a generally available package applicable to the latest generally available version of the software, v1.r1.r2. released at the same time as a new maintenance level ĂŶĚ ƚĂƌŐĞƚĞĚ Ăƚ ,ŝƚĂĐbaŚse.ŝ͛Ɛ ĞdžŝƐƚŝŶŐ ƐŽĨƚǁĂƌĞ ŝŶƐƚĂůů ͞hƉĚĂmƚeaĞnsƐs͟ub sequent releases and error corrections and/or minor functional enhancements for Software previously licensed by Hitachi. ͞hƉŐƌĂmeĚanĞs rƐel͟eases that contain new additional features which significantly increase the basic functionality of the Product and for which Hitachi elects to charge separately to its customers generally.

Support Services for Software. ĂͿ ^ƵďũĞĐƚ ƚŽ ^ĞĐƚŝŽŶ ϲ ŽĨ ƚŚĞƐĞ tD^ dĞƌŵƐ͕ ,ŝƚĂĐŚŝ͛Ɛ ordinary use of the software in accordance with its Documentation, as provided through: (i) ƌĞŵŽƚĞ ƚĞůĞƉŚŽŶĞ ƐƵƉƉŽƌƚ HŽitaƌch i SƐupƵpoƉrtƉPoŽrtƌal͟ƚͿ ǀƚŝŽĂ͗ ƚ;ŚϭĞͿ ŽŝŶĚůĞŝŶƚĞŝ assist in resolving the Defect; (2) advise on installation of Updates; (3) and respond to minor software information queries. (ii) on-site intervention and the provision of Patches and Fixes, Service Packs, respectively at Hitachi's sole discretion; and (iii) the provision of access to Updates as and when Hitachi ▇▇▇▇▇▇▇ makes them generally available. Additional fees for Updates and/or Upgrades may apply. Access to Updates will be without additional charge where Hitachi ▇▇▇▇▇▇▇ provides the Updates on that basis to its general customer base. ͞WĂƚĐŚĞƐ mĂeaŶn cĚha ng&esŝmdžadĞe Ɛto ͟the software by Hitachi that establish or restore substantial conformity with the Documentation. Patches refers to minor enhancements to the software that typically provide interoperability updates and Fixes refers to error corrections to the software. Errors must be reproducible. ͞^ĞƌǀŝĐmĞe anWanĂaĐccŬumƐul͟ati on of Patches and Fixes into a generally available package applicable to the latest generally available version of the software, v1.r1.r2. released at the same time as a new maintenance level ĂŶĚ ƚĂƌŐĞƚĞĚ Ăƚ ,ŝƚĂĐbaŚse.ŝ͛Ɛ ĞdžŝƐƚŝŶŐ ƐŽĨƚǁĂƌĞ ŝŶƐƚĂůů ͞hƉĚĂmƚeaĞnsƐs͟ub sequent releases and error corrections and/or minor functional enhancements for Software previously licensed by Hitachi. ͞hƉŐƌĂmeĚanĞs rƐel͟eases that contain new additional features which significantly increase the basic functionality of the Product and for which Hitachi elects to charge separately to its customers generally.