Subject to the terms and conditions of the Agreement and in any period during which Customer has elected to receive maintenance and is current in payment of all applicable fees, C&S will provide Maintenance to Customer by adhering to the following service levels.

1. Definitions :

1.1 "Agreement" means the agreement or contract entered into between C&S and Customer for sale, license and/or maintenance of the Product.
1.2 "Authorized Contact Person" means the Customer designated individual mentioned in Agreement. "Business Day" means a business day, which shall exclude Sundays and C&S's holidays.
1.3 "Business Hours" shall mean 9:30 a.m. to 6:00 p.m.
1.4 "Customer Relations Manager" means the C&S point of contact designated for all Product problems and technical account issues.
1.5 "Developer" or "Manufacturer" shall mean respective manufacturer of the Product or owner of the Product who has all the intelligence property rights of the Product.
1.6 "Door" or "Doors" means any access controlled door connected to / controlled by the hardware Product.
1.7 "Error" means a verifiable and reproducible Product problem or user documentation error, which causes a failure of unmodified Product to operate substantially in accordance with its end user documentation and excludes errors caused by (a) natural wear and tear of the Product due to use or efflux of time or (b) breakages due to mis-handling or (c) operating not in accordance with the specified manner or (d) damages caused by external factors (e.g overloaded electric power,etc.) or (e) softwares and/or hardware not supplied by C&S.
1.8 "Error Correction" means the use of commercially accepted efforts as per best industry standard to correct (a) Errors using a Patch or Workaround for software Products and/or (b)at C&S's discretion to repair or replace in entirety / any part of the hardware Product.
1.9 "HW-Critical-Error" in relation to hardware Product means an Error where 50% (fifty percent)or more of (a) Doors controlled by same control-panel do not get locked / unlocked by any Card or (b) controllers / associated readers of hardware Product do not capture Transaction Data due to Error in the hardware Product. For the purpose of this clause any decimal fraction shall be rounded-off to the next numerical value (for example 2.1 shall mean 3).
1.10 "HW-Serious-Error" in relation to hardware Product means an Error where more than 25% (twenty five percent) but less than 50% (fifty percent) of (a) any Door controlled by same control-panel does not get locked / unlocked by any Card or (b) controllers / associated readers of hardware Product do not capture Transaction Data due to Error in the hardware Product. For the purpose of this clause any decimal fraction shall be rounded-off to the next numerical value (for example 2.1 shall mean 3).
1.11 "HW-Moderate-Error" in relation to Product (hardware) means an Error which is other than HW-Critical-Error or HW-Serious-Error
1.12 "Maintenance" shall consist of operational support and assistance and bugs fixing, as well as generally available updated versions, improvements and enhancements to the software Product developed by C&S or it's Developers and delivered at no extra cost by C&S to other C&S licensees who are on active maintenance. Maintenance would not include any field customization and field enhancement required by Customer .
1.13 "Patch" means the repair or replacement code patch for the Product to remedy an Error.
1.14 "Product" means the software and hardware supplied by C&S which is further described in the Agreement.
1.15 "Response Time" means support person's response time by personal visit, email, phone or fax
1.16 "Severity 1 Error" means an Error for which there is no apparent Workaround which renders the Product (non-hardware) unusable, makes the continued use of one or more critical functions in the Product (non-hardware) impossible or severely restricted, and/or severely puts at risk critical business operations.
1.17 "Severity 2 Error" means an Error which severely affects or restricts major functionality in the Product (non-hardware). The Error is of a time sensitive nature and important to long-term productivity but is not causing an immediate work stoppage. No Workaround is available and production operations can continue in a restricted fashion.
1.18 "Severity 3 Error" in relation to Product (non-hardware) means an Error which consists of either a minor problem that does not have a major affect on production operations or a major problem for which a reasonably acceptable Workaround exists.
1.19 "Severity 4 Error" in relation to Product (non-hardware) means an Error which consists of a minor condition or end user documentation problem that has no significant effect on production operations. An example is requests for new features.
1.20 "Smartcard(s)" or "Card(s)" means chip embedded plastic / PVC card supplied by C&S.
1.21 "Term" shall mean term as defined in Agreement and shall also include the warranty and maintenance period specified. The Term shall be with reference to the respective specific Product.
1.22 "Transaction Data" means the data residing in the internal memory of the hardware Product programmed to be captured in accordance with the respective User Documentation or in accordance with the Agreement.
1.23 "User Documentation" shall mean the published user documentation (hard copy or soft copy) by the Developer / Manufacturer or the functional specification of the software Products provided by C&S to Customer along with the respective Product.
1.24 "Workaround" means a modification or Patch of the Product or a reasonable change in the procedures followed or data supplied by Customer, which may be of a temporary or interim nature, to help avoid an Error without substantially impairing Customer's use of the Product.

2. Service Level and Response :

(i) C&S assures the Customer that the Product shall perform substantially in accordance with the User Documentation; (ii) During the Term, C&S shall provide a Customer Relations Manager who shall be available during the Business Day and Business Hours to answer questions by Customer concerning Product Errors within the scope stated herein or other customer service questions regarding use and operation of the Product. C&S shall also make available a telephonic contact or email response services for any such Customer Relations Manager. (iii) C&S agrees to use commercially accepted efforts as per best industry practices to acknowledge Errors reported and provide Error Corrections according to the following tables based upon severity levels assigned by the Developer. While the target times for Error Corrections set forth in the tables below are achievable based on the experience of Developer / Manufacturer in providing Error Corrections, the parties acknowledge that the unique nature of technical problem does not sometime lend itself to easily ascertainable predictions for Error Corrections in every case, and C&S does not state that the Error Corrections will be provided in accordance with this table in every case, provided that, C&S is committed to resolve the Error using its best efforts. In addition, in some cases the Product may not conform to end user documentation because of an end user documentation error, rather than a Product error, in which case C&S shall provide Customer with corrected documentation.

(a) for software Products :

Severity Level			Response Time			Problem Relief
Severity 1 (Critical)			One Business Day			C&S shall immediately commence the following procedures: (i) assign personnel to investigate the Error; (ii) notify Developer that such Error has been reported and of steps being taken to correct such Error; (iii) provide Customer with periodic reports on the status of the investigation; and (iv) initiate work during Regular Hours to reduce the Error to a Severity 2 Error and/or provide Customer with an Error Correction and should a Patch be required, provide such Error Correction as part of a Patch within twenty (20) Business Days.
Severity 2 (Serious)			Two Business Days			C&S shall exercise commercially accepted efforts per best industry practices during Regular Hours to provide an Error Correction, and should a Patch be required, include the Error Correction for the Error in the then-next available (i.e., not already subject to code freeze) regular Product update or within thirty (30) Business Days, whichever is earlier.
Severity 3 (Minor)			Four Business Days			C&S shall exercise commercially reasonable efforts during Regular Hours to provide an Error Correction, and after obtaining an Error Correction, include the Error Correction in the then-next available (i.e., not already subject to code freeze) Product update version or within sixty (60) Business Days, whichever is earlier.
Severity 4 (Low)			Ten Business Days			C&S will receive and log the report to the Developer. If the Error is a feature enhancement C&S / Developer is under no obligation to incorporate such requests in future updates. If the Error is a minor condition or Documentation problem, C&S shall exercise commercially reasonable efforts to provide an Error Correction in a future Update on an as available basis.

(b) for Hardware Products :

Severity Level			Response Time			Problem Relief
HW-Critical-Error			One (1) Business Day			C&S will immediately assign a engineer to reach the site and look into the problem and offer appropriate Error Correction. In case the nature of problem is such that on-site repair is not possible / feasible then C&S shall log the problem with the Manufacturer and provide Customer with status report at each stage of the examination.
HW-Serious-Error			Two (2) Business Days			C&S will immediately assign a engineer to reach the site and look into the problem and offer appropriate Error Correction. In case the nature of problem is such that on-site repair is not possible / feasible then C&S shall log the problem with the Manufacturer and provide Customer with status report at each stage of the examination.
HW Moderate-Error			Four (4) Business Days			C&S will immediately assign a engineer to reach the site and look into the problem and offer appropriate Error Correction. In case the nature of problem is such that on-site repair is not possible / feasible then C&S shall log the problem with the Manufacturer and provide Customer with status report at each stage of the examination.

3. Updates for Software Products:

During the Term, Customer shall be entitled to receive updates, if any, which Developer makes generally available to its customers under the effective maintenance agreements for the software Products supplied by C&S to Customer. It would however not include any updates to any additional field customization and field enhancement required by the Customer.

4. End User Support:

Customer shall be responsible for all support of its end-users (who are not trained to use the Product by C&S) for Product use, difficulties, end user training, etc. Prior to contacting C&S with any end user problems, Customer shall isolate the problem to the Product, eliminate other factors as potential causes of the problem (such as Customer's firewall, hardware problems, other software issues, etc.) and shall be responsible for providing sufficient information and data to allow C&S to readily reproduce all reported end user-related Errors

5. Warranty And Disclaimer

5.1 C&S warrants to Customer that for the first ninety (90) days following the installation of each copy of the software Product to Customer (the "Warranty Period") : (i) the Software as delivered will perform substantially in conformance with the User Documentation, and (ii) that the digital or electronic media on which the software Product / User Documentation (which will be handedover and provided to Customer) are free from defects in materials and workmanship. C&S does not warrant that the software Product (a) will operate in any combination except as specified in the User Documentation. (b) the use of the software Product may not be uninterrupted or error-free. As C&S's entire liability for any breach of the foregoing warranty, C&S will, at expense of C&S, promptly repair or replace any medium, software Product which fails to meet this limited warranty. All hardware Products shall carry the Manufacturer's warranty respectively for the period and workmanship specified in the User Documentation and mentioned in the Agreement.

5.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.

5.3 LIMITATION OF LIABILITY: IN NO EVENT SHALL C&S'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWSOEVER CREATED SHALL EXCEED THE AMOUNTS ACTUALLY PAID FOR THE PRODUCTS DURING THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF DATA LOSS OF LIVES, LOSS OF REPUTATION /GOODWILL, LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS / SERVICES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.