Elucidator System Customer Support Parameters

"Customer Technical Support" refers to the preventative, maintenance, and remedial services performed by Rosetta Biosoftware that are necessary to assist the Customer in maintaining the operation of the Rosetta Elucidator® system substantially in accordance with the system documentation and the system's designed uses.

Rosetta Biosoftware's Customer Technical Support extends to the following:

• Support of functionality and operation of the Rosetta Elucidator system substantially in accordance with the supplied system documentation; and
• Support of customization or other Rosetta Elucidator system modification provided by Rosetta Biosoftware through a Professional Services Engagement Agreement ("PSEA") engagement, if such support is specified in the applicable Professional Services statement of work or PSEA.

Customer Technical Support does not cover repairs to the Elucidator system or other support services required due to any of the following:

• Conditions at a Customer's premises that do not reasonably conform to Rosetta Biosoftware's specifications or the specifications of vendors of third-party hardware and third-party software used with the Elucidator system;
• Accidents, natural disasters, fires and/or water damage, neglect, improper use, acts of war, riots, strikes, or other events or conditions outside of Rosetta Biosoftware's control;
• A Customer's failure to properly backup the Elucidator system server hardware or to properly restore data from back-up media to the server hardware;
• Physical damage to the Rosetta Elucidator system caused by the Customer or a third-party; or
• Modification or alteration of the system, except where performed or authorized by Rosetta Biosoftware.

Customers will be provided Customer Technical Support in accordance with the following timeframes:

See Customer Technical Support Terms for the Rosetta Elucidator^® system for Rosetta Customer Services hours of operation.

The Customer must be in compliance with the Rosetta Software License Agreement that is agreed to in advance by the Customer. Customer Services is not required to support the operation of software with any hardware or software components which Rosetta Biosoftware has stopped supporting in accordance with the Desupport Notification Process (below), or to support any third-party research tools or external databases the Customer may use to access the Elucidator system, including use of the system's linking functionality (e.g., operation and use of the InstaLink Manager feature).

NOTE: Use of third-party hardware, third-party software, or other software on the server hardware on which the Elucidator system is running, without Rosetta Biosoftware's Customer Services' prior written authorization and/or without a proper support contract may compromise or prevent the operation of the Elucidator system. For this reason, it is strongly recommended that: (a) the Customer notify Rosetta Biosoftware prior to any relocation of the Elucidator system; (b) the Customer notify Customer Services prior to upgrading third-party hardware on which, or third-party software with which, the Elucidator system is running; and (c) the Customer shall maintain support on any third-party hardware and software upgrades through the appropriate hardware and software vendors. Rosetta Biosoftware also strongly recommends the maintenance of a continuous and uninterruptible power supply to applicable server hardware.

Furthermore, Rosetta Biosoftware may (but is not required to) provide support for the interoperability of the Elucidator system with third-party search engines and/or a Customer's internally-developed search engines, but Rosetta Biosoftware cannot support use and operation of such search engines themselves. A Customer's use of such search engines should occur in accordance with the developer's or licensor's directions and documentation and with the support services provided by such developers and licensors. It is recommended that a Customer confirm with Rosetta Biosoftware which versions of such search engines the Elucidator system is interoperable.

Desupport Notification Process

Rosetta Biosoftware may require from time to time to desupport older versions of the Rosetta Elucidator Software, third-party software and/or third-party hardware as newer versions become available either through Rosetta Biosoftware (as part of Software Upgrade Protection) or through the applicable third-party product vendors. In some circumstances, because of evolving system functionality and processing requirements, a Customer’s refusal to upgrade its third-party software and third-party hardware may render the Customer Technical Support and Software Upgrade Protection impracticable. The Customer acknowledges and agrees that Rosetta Biosoftware may give written notice (email notice acceptable) to Customer at least ninety (90) days before desupport of any such specified software or hardware components of the Rosetta Elucidator System. After such notice period, Rosetta Biosoftware will no longer be obligated to provide Customer Technical Support, Professional Services, or Training with respect to such components of the Rosetta Elucidator System (or the Rosetta Elucidator System in its entirety where performance of such obligations is impracticable). Once the Customer installs the newer approved versions of the Rosetta Elucidator Software, third-party software and third-party hardware, as applicable, Rosetta Biosoftware will provide the appropriate Customer Technical Support, Professional Services and Training to which the Customer is entitled at that time.

With respect to Rosetta Biosoftware's obligation to provide Customer Technical Support and Software Upgrade Protection herein, Rosetta Biosoftware may elect to discontinue such obligation entirely, provided Rosetta Biosoftware gives at least (2) years prior notice of the effective date of the termination of such obligation.

For more information on any of the services outlined above, please contact Rosetta Biosoftware at 1.800.737.6583 from within the United States, or call +1.206.926.1300 from outside the United States.

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