"Global Graphics" means (i) for customers whose principal place of business is in North, South or Central America, Global Graphics shall mean Global Graphics Software, Inc., 31 Nagog Park, Suite 315, Acton, MA 01720, and (ii) for customers whose principal place of business is outside of North, South or Central America, Global Graphics shall mean Global Graphics Software Limited, Building 2030, Cambourne Business Park, Cambourne, Cambridge, CB23 6DW, England.

"Maintenance Services" means (i) the right to receive and use such updates, patches, bug fixes and upgrades (collectively "Upgrades") for the Product(s) as Global Graphics may release from time to time in accordance with Global Graphics normal release schedule, and (ii) the right to receive free-of-charge electronic web-based support (i.e. knowledge base and other on-line tools, and (iii) the right to receive free-of-charge email support in respect of basic installation and configuration issues. Such support is only available in respect of the most current version of the Product(s). Global Graphics will address technical support requests on a reasonable efforts basis only and may not be able to resolve all problems or requests. Global Graphics agrees to support the Product(s) only if it is used under appropriate operating systems for which it was designed. Maintenance Services for North, Central and South American customers are available during the hours of 8.30 AM to 5:00 PM EST (excluding public holidays). Outside of North, Central and South America, Maintenance Services are available during the hours of 8.30 AM to 5:00 PM GMT (excluding public holidays). Global Graphics reserves the right to change its Maintenance Services at any time and from time to time and without notice to you.

"Product(s)" means the latest version of Global Graphics gDoc Fusion software product that has been registered by you directly with Global Graphics or with an approved Global Graphics ELC. You will promptly provide serial numbers of the Product licenses for which support was purchased to Global Graphics (or its nominated ELC).

"Mandatory Upgrades" means an Upgrade required to address a security breach or other similar serious matter as determined by Global Graphics, or needed to replace technologies that may infringe third party intellectual property rights.

gDoc™ Fusion If you have purchased gDoc Fusion licenses under your ELP agreement and your site license agreement remains valid, Global Graphics will provide you with Maintenance Services at no additional charge.

Global Graphics will provide you with Maintenance Services during the term of your site license agreement. If your site license agreement expires or is terminated, Global Graphics Maintenance Services will terminate with immediate effect.

Either party, at its discretion, may terminate Maintenance Services at any time upon thirty (30) days written notice to the other party if the other party is in material breach and does not remedy said breach within such thirty (30) day period.

Maintenance Services may be terminated by Global Graphics in the event of the appointment by you of an assignee, referee, receiver or trustee under any insolvency law, or the attempted winding-up, liquidation or dissolution for any cause, or should you become the subject of any proceeding under any applicable bankruptcy, receivership, insolvency, winding-up or liquidation laws, or if, in the opinion of Global Graphics, you become insolvent or bankrupt.

You will promptly provide Global Graphics with the names of authorized contacts (maximum two) that will be using the Maintenance Services.

Global Graphics shall have no obligation to support:
(a) altered, damaged or modified software;
(b) Global Graphics software that is not the then current release;
(c) errors caused by your negligence, hardware malfunction or other causes beyond the reasonable control of Global Graphics;
(d) Global Graphics Product(s) installed in a hardware or operating environment not supported by Global Graphics;
(e) third party software not licensed through Global Graphics or approved by Global Graphics.

You agree to promptly, and in no event later than fifteen (15) business days after Global Graphics provides you with a Mandatory Upgrade, cease to use any Product(s) that have not been updated with the Mandatory Upgrade.

Upgrades may require you to agree to additional or alternative terms and conditions other than as set out in this Agreement. If you do not agree to the terms and conditions of any Upgrade Global Graphics may decline to provide you with such Upgrade. In the event Global Graphics does not provide additional terms and conditions for the relevant Upgrade the terms and conditions of this agreement shall apply to the Upgrade.

Global Graphics warrants that the Maintenance Services will be provided in a good and workmanlike manner and by qualified individuals with suitable experience to perform the Maintenance Services. Global Graphics can not and will not agree that an Upgrade will be released during the Term. Global Graphics does not guarantee that every issue presented by you can or will be resolved. NOTWITHSTANDING THE FOREGOING, GLOBAL GRAPHICS MAKES NO WARRANTY OR REPRESENTATION EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE MAINTENANCE SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION, THEIR QUALITY, PERFORMANCE, MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL GLOBAL GRAPHICS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENSIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SUPPORTED SOFTWARE OR SERVICES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GLOBAL GRAPHICS LIABILITY EXCEED THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT. Some jurisdiction states or provinces do not allow limitations on implied warranties, so the above limitations may not apply to particular customers.

For customers whose principal place of business is in North, South and Central America this Agreement shall be governed in all respects by the laws of the Commonwealth of Massachusetts. For customers whose principal place of business is outside of North, South and Central America this Agreement shall be governed in all respects by the laws of England.

This Agreement may not be assigned, in whole or in part, by you without the prior written consent of Global Graphics. No amendments or waiver of, or any supplement to, any provision of this of this Agreement shall be binding unless made in a writing signed by authorized representatives of both parties. Any terms and conditions of any purchase order issued by you hereunder which are additional to or inconsistent or in conflict with any term or condition of this Agreement are specifically rejected and shall not be binding on Global Graphics, and shall not apply to this Agreement. The failure of either party to give notice of non‑performance, breach, or termination, or to otherwise enforce any rights hereunder, shall not constitute a waiver of any terms or conditions of this Agreement. Neither party shall be deemed to be in breach of this Agreement as a result of or liable to the other for any delays in the performance of their obligations (except for the payment of money due under this Agreement) caused by fire, explosion, act of God, strikes, war, riot, government regulation or act or any other cause beyond the reasonable control of such party, provided that each party gives the other party written notice promptly and uses its best efforts to cure the delay. If the delay continues for a period in excess of three (3) months, either party shall be entitled to terminate this Agreement on written notice. Nothing in this Agreement will make Global Graphics and you partners, joint venturers, or otherwise associated in or with the business of the other. You are, and shall always remain an independent contractor. Neither party shall be liable for any debts, accounts, obligations, or other liabilities of the other party, its agents or employees. Neither party is authorized to incur debts or other obligations of any kind on the part of or as agent for the other except as may be specifically authorized in writing. These terms and conditions constitute the entire agreement between the parties pertaining to the provision of Maintenance Services, superseding any and all previous agreements, proposals, representations or statements, oral or written. Any previous agreements between the parties pertaining to the provision of Maintenance Services are hereby expressly cancelled and terminated.