2019-04-24 CC Packet - Laserfiche WebLink

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7. Meridium Products(Software and Hosted Services). 7.1. Asset Answers Service(Hosted Service).Asset Answers is a service that allows Customer to compare the performance of Customer's assets against comparable assets at similarly situated operating environments based on metrics derived from Customer's asset performance data and aggregated statistics derived from peer users("Asset Answers Service"). To use the Asset Answers Service,Customer must opt into the service by submitting a specified data set to the Asset Answers Service via the Asset Answers portal("Benchmark Data").GE will anonymize this Benchmark Data,pool it with other anonymized data,and use the resulting database to generate key comparison metrics for Customer and other users. By using the Asset Answers Service,Customer consents to the collection and use of Benchmark Data in the manner and for the purpose described above.Any Customer Content other than Benchmark Data will be maintained separately and will not be included in the Asset Answers database. Customer acknowledges that as between Customer and GE,GE owns the Asset Answers Service,including the Asset Answers database. 7.2. Meridium Third Party Components(Software). Some Meridium software add-on modules are licensed to GE by third parties under the condition that GE incorporate certain additional terms and conditions in this Agreement when providing such modules to Customer.These additional terms and conditions are stated in the Meridium Activation Schedule that accompanies the Order,and to the extent that Meridium has licensed such modules to Customer under the applicable Activation Schedule, such additional terms and conditions are deemed to be incorporated herein by reference. 8. Predix Studio and App Engine(Hosted Service). Predix Studio provides an integrated development environment to enable development of custom software code and plugins designed to run on Predix App Engine.For the term of Customer's subscription to Predix Studio,GE shall provide Customer with hosted access to Predix Studio and Predix App Engine for Customer's internal use only.As between GE and Customer,GE shall solely and exclusively own all modifications or other derivative works of Predix Studio or Predix App Engine and Customer shall retain ownership of any other Customer Content. 9. ServiceMax(Hosted Services/Professional Services). 9.1. ServiceMax Products and Services. GE offers the ServiceMax Service as a Hosted Service and other related ServiceMax services as Professional Services under the terms of this Agreement. Specific terms and conditions applicable to the ServiceMax products and services are described below and in the applicable Order. 9.2. Salesforce.com Terms and Conditions.Unless otherwise specified in the Order,the ServiceMax Service is hosted on infrastructure provided by salesforce.com("Salesforce")via http://www.salesforce.com/AppExchange, and/or other designated websites,including associated services and offline components, all as sublicensed by ServiceMax from Salesforce. Accordingly, the Order for the ServiceMax Service is subject to the Salesforce service agreement available on ServiceMax's website at http://www.servicemax.com/pdfs/titaniumterms.pdf ("SFDC Service Agreement"). In the event of a conflict between the terms of this Agreement and the terms of the SFDC Service Agreement,the terms of the SFDC Service Agreement shall control in all respects with respect to the ServiceMax Service. 9.3. Fees.Unless otherwise specified on the Order,the subscription fees stated in each Order for ServiceMax services shall be effective during the initial term specified in that Order and subscription fees shall be billed on an annual basis payable in advance. 10. Acceleration Plans(Support Services). 10.1. Support Services. GE shall provide the support program and associated level of support as reflected in the applicable Order ("Support Services"). The applicable program,level of service and included or a la carte components that constitute the Support Services are further described in the Acceleration Plans Support&Services Guide and shall be acknowledged by GE(the"Support Confirmation"). Support Services may include various types of Services as described in the Acceleration Plans Support&Services Guide. 10.2. Nature of Support Services.Support Services may be provided independently as a GE Offering or as a required component of another GE Offering. To the extent Support Services are provided as a component part of another GE Offering,the relevant Support Services must be purchased and shall terminate when such GE Offering is terminated or shall be extended to the extent such GE Offering is extended(including any automatic renewals thereof).To the extent Support Services are associated with Software,such Support Services shall automatically terminate in the event the license to the underlying Software is terminated. 10.3. Support Disclaimer.Customer acknowledges that the interpretation or application of key indicators,metrics,information,or advice provided in connection with Support Services depends on many factors outside of GE's ability to control or foresee, and therefore, Customer assumes sole responsibility for appropriate testing and validation prior to taking any action or decision.GE does not and cannot guarantee that every fault condition can be foreseen or detected or that GE will be able to provide any particular amount of advance warning of any impending fault or failure. 10.4. Term,Renewal and Termination. 10.4.1. Support Services Associated with Software.The Support Services subscription term will be as stated on the Confirmation. The subscription term shall be for such initial term and thereafter be renewed automatically for successive one(1)year renewal terms unless a Party provides the other Party with written notice of its intent to not renew at least thirty(30)days prior to the end of the initial or successive term. The renewal rate shall be increased at each renewal to reflect the annually published Consumer Price Index plus one percent(1%) over the prior period. CPI shall mean the U.S.City Average(December to December percent)for ALL Urban Consumers(CPI-U). 10.4.2. Reinstatement Fee.If for any reason,Customer permits the Support Services to lapse,then GE may charge a re-instatement fee as a condition to reactivating such Support Services. 10.4.3. No Right of Refund.Payment for any and all Support Services is required in advance,without right of refund for any reason. Page:15 of 15 GE CONFIDENTIAL GE DIGITAL GENERAL TAP AND CONDITIONS v3.0 AUGUST 2018