END USER LICENSE AGREEMENT FOR BRIGHT COMPUTING SOFTWARE

This end user license agreement, including the exhibit attached ("Agreement”) is
a legal agreement between you and Bright Computing, Inc. or Bright Computing BV,
as applicable ("Bright Computing") and governs your use of the Bright Computing
software and materials (“SOFTWARE”).

If you are entering into this Agreement on behalf of a company or other legal
entity, you represent that you have the legal authority to bind the entity to
this Agreement, in which case “you” will mean the entity you represent.

If you don’t have the required authority to accept this Agreement, or if you
don’t accept all the terms and conditions of this Agreement, do not download,
install or use the SOFTWARE.

You agree to use the SOFTWARE only for purposes that are permitted by (a) this
Agreement, and (b) any applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions.

1. License.

1.1 Grant.

Subject to the terms of this Agreement and payment of applicable fees, Bright
Computing hereby grants you a non-exclusive, non-transferable license, without
the right to sublicense, to: (i) install and use the SOFTWARE in accordance with
the documentation provided with the SOFTWARE, and (ii) make a single copy of the
SOFTWARE solely for backup purposes. No orders are binding until accepted by
Bright Computing. All orders accepted are subject to the terms of this
Agreement.

1.2 Promotional Offerings.

Bright Computing may, from time to time, offer free or discounted pricing
programs covering certain uses of the SOFTWARE, as examples for evaluation or
academic use. Bright Computing may stop accepting new sign-ups or discontinue a
promotional offering at any time. Standard charges will apply after a
promotional offering ends or if you exceed the promotional offering use terms.
You must comply with any additional terms, restrictions, or limitations (e.g.,
limitations on the total amount of usage) for a promotional offering as
described in the corresponding offer terms.

1.3 License Types.

Bright Computing product licenses are licensed under the license types below.
Your order, license key and/or the product description will indicate the
features of your license, such as duration and maximum number of nodes.

“Cluster Based License” means a license based on the maximum number of nodes
authorized within one identified cluster.

“Subscription License” means a license with a fixed duration and inclusive of
certain services for the duration of the license. You may have the option to
purchase additional services for the duration of a Subscription License, based
on Bright Computing’s then-current service offerings.

1.4 Authorized Users.

You may allow employees and contractors of your entity or of your
subsidiary(ies) to access and use the SOFTWARE from your secure network to
perform work on your behalf.

If you are an academic institution you may allow users enrolled or employed by
the academic institution to access and use the SOFTWARE from your secure
network.

You are responsible for the compliance with the terms of this Agreement by your
authorized users. Any act or omission that if committed by you would constitute
a breach of this Agreement shall be deemed to constitute a breach of this
Agreement if committed by your authorized users.

1.5 Pre-Release.

The SOFTWARE versions identified as alpha, beta, preview, early access or
otherwise as pre-release may not be fully functional, may contain errors or
design flaws, and may have reduced or different security, privacy, availability,
and reliability standards relative to commercial versions of Bright Computing
software and materials. Use of a pre-release SOFTWARE may result in unexpected
results, loss of data, project delays or other unpredictable damage or loss.

You may use a pre-release SOFTWARE at your own risk, understanding that these
versions are not intended for use in production or business-critical systems. As
with any software in pre-release, it is highly recommended that you maintain
full data backups for all your software and data.

Bright Computing may choose not to make available a commercial version of any
pre-release SOFTWARE. Bright Computing may also choose to abandon development
and terminate the availability at any time without liability.

1.6 Services.

Except as expressly indicated in an order, Bright Computing is under no
obligation to provide support for the SOFTWARE or to provide any maintenance,
updates, upgrades or other revisions to the SOFTWARE.

Unless revisions are provided with their separate governing terms, they are
deemed part of the SOFTWARE licensed to you as provided in this Agreement.

1.7 Components Under Other Licenses.

The SOFTWARE may include Bright Computing or third-party components with
separate legal notices or terms as may be described in proprietary notices
accompanying the SOFTWARE, such as components governed by open source software
licenses. If and to the extent there is a conflict between the terms in this
license and the license terms associated with a component, the license terms
associated with the components control only to the extent necessary to resolve
the conflict.

RHEL and SUSE Software. You acknowledge and agree that it is your sole
responsibility to obtain all necessary licenses for RHEL or SUSE software and
materials to the extent included in the SOFTWARE delivered. To the extent that
you obtain a license solely for non-production uses, you agree to use such
software and materials included in the SOFTWARE solely for non-production
purposes in accordance with its applicable license.

1.8 Reservation of Rights.

Bright Computing reserves all rights, title and interest in and to the SOFTWARE
not expressly granted to you under this Agreement.

2. Limitations.

The following license limitations apply to your use of the SOFTWARE:

2.1 You may not reverse engineer, decompile or disassemble, or separate parts of
the SOFTWARE as packaged to use its component parts separate from the other
parts.

2.2 You may not modify or create derivative works of any portion of the
SOFTWARE.

2.3 You may not remove copyright or other proprietary notices from any portion
of the SOFTWARE or copies of the SOFTWARE.

2.4 Except as expressly authorized in this Agreement, you may not copy, sell,
rent, sublicense, transfer or distribute the SOFTWARE or otherwise make
available the SOFTWARE or its functionality to others.

2.5 You may not disclose the results of any benchmarking or other competitive
analysis relating to the SOFTWARE without prior written permission from Bright
Computing.

2.6 You may not use the SOFTWARE for the purpose of developing competing
products or technologies or assisting a third party in such activities.

2.7 You may not bypass, disable, or circumvent any encryption, security, digital
rights management or authentication mechanism in the SOFTWARE.

2.8 You may not access or use the SOFTWARE in a way intended to avoid
incurring fees or exceeding use limits or quotas.

2.9 You may not use the SOFTWARE in any manner that would cause it to become
subject to an open source software license. As examples, licenses that require
as a condition of use, modification, and/or distribution that the SOFTWARE be
(i) disclosed or distributed in source code form; (ii) licensed for the purpose
of making derivative works; or (iii) redistributable at no charge.

2.10 You acknowledge that the SOFTWARE as delivered is not tested or certified
by Bright Computing for use in connection with the design, construction,
maintenance, and/or operation of any system where the use or failure of such
system could result in a situation that threatens the safety of human life or
results in catastrophic damages (each, a "Critical Application"). Examples of
Critical Applications include use in avionics, navigation, autonomous vehicle
applications, ai solutions for automotive products, military, medical, life
support or other life critical applications. Bright Computing shall not be
liable to you or any third party, in whole or in part, for any claims or damages
arising from such uses. You are solely responsible for ensuring that any product
or service developed with the SOFTWARE as a whole includes sufficient features
to comply with all applicable legal and regulatory standards and requirements.

2.11 You agree to defend, indemnify and hold harmless Bright Computing and its
affiliates, and their respective employees, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, fines, restitutions and expenses (including but not
limited to attorney’s fees and costs incident to establishing the right of
indemnification) arising out of or related to products or services that use the
SOFTWARE in or for Critical Applications, and for use of the SOFTWARE outside of
the scope of this Agreement or not in compliance with its terms.

3. Ownership.

3.1 The SOFTWARE and its respective intellectual property rights are owned by
Bright Computing or its licensors and are licensed to you as described in this
Agreement. Bright Computing’s licensors are intended third party beneficiaries
with the rights to enforce this Agreement with respect to their intellectual
property rights.

3.2 You may, but are not obligated to, provide to Bright Computing Feedback.
“Feedback” means suggestions, fixes, modifications, feature requests or other
feedback regarding the SOFTWARE. Feedback, even if designated as confidential by
you, shall not create any confidentiality obligation for Bright Computing.
Bright Computing and its designees have a perpetual, non-exclusive, worldwide,
irrevocable license to use, reproduce, publicly display, modify, create
derivative works of, license, sublicense, and otherwise distribute and exploit
Feedback as Bright Computing sees fit without payment and without obligation or
restriction of any kind on account of intellectual property rights or otherwise.

4. No Warranties.

THE SOFTWARE IS PROVIDED BY BRIGHT COMPUTING “AS IS” AND “WITH ALL FAULTS.” TO
THE MAXIMUM EXTENT PERMITTED BY LAW, BRIGHT COMPUTING AND ITS AFFILIATES
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR
THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS
MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE.

5. Limitations of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIGHT COMPUTING AND ITS AFFILIATES
SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES, OR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR
THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY
ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY
OF LIABILITY. IN NO EVENT WILL BRIGHT COMPUTING AND ITS AFFILIATES TOTAL
CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE NET
AMOUNTS RECEIVED BY BRIGHT COMPUTING OR ITS AFFILIATES FOR YOUR USE OF THE
PARTICULAR SOFTWARE DURING THE TWELVE (12) MONTHS BEFORE THE LIABILITY AROSE (OR
UP TO US$10.00 IF YOU OBTAINED THE SOFTWARE LICENSE AT NO CHARGE). THE NATURE OF
THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS
LIMIT.

These exclusions and limitations of liability shall apply regardless if Bright
Computing or its affiliates have been advised of the possibility of such
damages, and regardless of whether a remedy fails its essential purpose. These
exclusions and limitations of liability form an essential basis of the bargain
between the parties, and, absent any of these exclusions or limitations of
liability, the provisions of this Agreement, including, without limitation, the
economic terms, would be substantially different.

6. Termination.

6.1 Bright Computing may terminate this Agreement upon notice if: (i) you fail
to comply with any term of this Agreement and the non-compliance is not fixed
within thirty (30) days following notice from Bright Computing (or immediately
if you violate Bright Computing’s intellectual property rights); (ii) you
commence or participate in any legal proceeding against Bright Computing with
respect to the SOFTWARE; or (iii) you become the subject of a voluntary or
involuntary petition in bankruptcy or any proceeding relating to insolvency,
receivership, liquidation or composition for the benefit of creditors, if that
petition or proceeding is not dismissed with prejudice within sixty (60) days
after filing, or if you cease to do business.

6.2 Each SOFTWARE license ends at the earlier of the expiration or termination
of the license or this Agreement. Each service ends at the earlier of the
expiration or termination of the service or this Agreement, or upon the
expiration or termination of the associated license and no credit or refund will
be provided for any service fees paid.

6.3 Upon any expiration or termination of this Agreement, a license or a service
any amounts owed to Bright Computing become immediately due and payable and you
agree to promptly discontinue use of the SOFTWARE and destroy all copies in your
possession or control. Upon written request, you will certify in writing that
you have complied with your commitments under this section. Upon any termination
of this Agreement all provisions survive except for the licenses granted to you.

7. Data Collection.

You hereby acknowledge that the SOFTWARE collects the following data for the
following purposes:

(i) Configuration data and log files for the purposes of diagnosing technical
support issues at your request; and

(ii) Metrics, logs, settings, configurations, performance and usage data to
allow you to, at your choice, monitor systems, applications and services on your
systems.

Bright Computing may require certain personal information such as name, email
address, entitlement information in order to deliver or provide products or
services to you.

The SOFTWARE may contain links to websites and services. Bright Computing
encourages you to review the privacy statements on those sites and services that
you choose to visit so that you can understand how they may collect, use and
share your data.  Bright Computing is not responsible for the privacy statements
or practices of sites and services controlled by other companies or
organizations.

You should review Bright Computing’s Privacy Policy, located at
https://www.brightcomputing.com/privacy-policy, which explains Bright
Computing’s policy for collecting and using data on Bright Computing’s website
and the Bright Computing Partner Portal.

8.  General.

If you wish to assign this Agreement or your rights and obligations, including
by merger, consolidation, dissolution or operation of law, contact Bright
Computing to ask for permission. Any attempted assignment not approved by Bright
Computing in writing shall be void and of no effect. Bright Computing may
assign, delegate or transfer this Agreement and its rights and obligations, and
if to a non-affiliate you will be notified.

During the term of this Agreement and for a period of three (3) years
thereafter, Bright Computing or an independent auditor will have the right to
audit you during regular business hours to check for compliance with the terms
of this Agreement. Audits will be conducted no more frequently than annually,
unless non-compliance was previously found. If an audit reveals an underpayment,
you will promptly remit the full amount of such underpayment to Bright Computing
including interest that will accrue (without the requirement of a notice) at the
lower of 1.5% per month or the highest rate permissible by law. If the underpaid
amount exceeds five percent (5%) of the amounts payable to Bright Computing
during the audited period and/or if the audit reveals a material non-conformance
with the terms of this Agreement, then you will reimburse Bright Computing’s
reasonable audit costs. Further, you agree that the party delivering the
SOFTWARE to you may share with Bright Computing information regarding your
compliance with this Agreement.

Neither party will be responsible for any failure or delay in its performance
under this Agreement (except for any payment obligations) to the extent due to
causes beyond its reasonable control for so long as such force majeure event
continues in effect.

This Agreement will be governed in all respects by the laws of the United States
and of the State of Delaware as those laws are applied to contracts entered into
and performed entirely within Delaware by Delaware residents, without regard to
the conflicts of laws principles. The United Nations Convention on Contracts for
the International Sale of Goods is specifically disclaimed. You agree to all
terms of this Agreement in the English language.

The state or federal courts residing in Santa Clara County, California shall
have exclusive jurisdiction over any dispute or claim arising out of this
Agreement. Notwithstanding this, you agree that Bright Computing shall still be
allowed to apply for injunctive remedies or an equivalent type of urgent legal
relief in any jurisdiction.

If it turns out that any provision of this Agreement is not unenforceable, such
provision will be construed as limited to the extent necessary to be consistent
with and fully enforceable under the law and the remaining provisions will
remain in full force and effect. Unless otherwise specified, remedies are
cumulative.

The SOFTWARE has been developed entirely at private expense and is “commercial
items” consisting of “commercial computer software” and “commercial computer
software documentation” provided with RESTRICTED RIGHTS. Use, duplication or
disclosure by the U.S. Government or a U.S. Government subcontractor is subject
to the restrictions in this Agreement pursuant to DFARS 227.7202-3(a) or as set
forth in subparagraphs (b)(1) and (2) of the Commercial Computer Software -
Restricted Rights clause at FAR 52.227-19, as applicable.
Contractor/manufacturer is Bright Computing, 2880 Zanker Road, Suite 203, San
Jose CA 95134, United States of America.

The SOFTWARE is subject to United States export laws and regulations. You agree
that you will not ship, transfer or export the SOFTWARE into any country, or use
the SOFTWARE in any manner, prohibited by the United States Bureau of Industry
and Security or economic sanctions regulations administered by the U.S.
Department of Treasury’s Office of Foreign Assets Control (OFAC), or any
applicable export laws, restrictions or regulations. These laws include
restrictions on destinations, end users and end use. By accepting this
Agreement, you confirm that you are not a resident or citizen of any country
currently embargoed by the U.S. and that you are not otherwise prohibited from
receiving the SOFTWARE.

Any notice delivered by Bright Computing to you under this Agreement will be
delivered via mail, email or fax. You agree that any notices that Bright
Computing sends you electronically will satisfy any legal communication
requirements. Please direct your legal notices or other correspondence to Bright
Computing Corporation, 2880 Zanker Road, Suite 203, San Jose CA 95134, United
States of America, Attention: Legal Department.

This Agreement and any exhibits incorporated into this Agreement constitute the
entire agreement of the parties with respect to the subject matter of this
Agreement and supersede all prior negotiations or documentation between the
parties relating to this subject matter. Any additional and/or conflicting terms
on purchase order(s) or any other documents issued by you are null, void, and
invalid. Any amendment or waiver under this Agreement shall be in writing and
signed by representatives of both parties.

(v. January 12, 2022)

BRIGHT COMPUTING SOFTWARE SERVICES SUPPLEMENT

The terms in this supplement describe the service subscriptions that you may
obtain directly from Bright Computing for Bright Computing SOFTWARE under the
terms of your license agreement (“Agreement”) as modified by this supplement.
Capitalized terms used but not defined below shall have the meaning assigned to
them in this Agreement.

This supplement is an exhibit to this Agreement and is incorporated as an
integral part of this Agreement. In the event of conflict between the terms in
this supplement and the terms in this Agreement, the terms in this supplement
shall govern.

1. Scope. If your order indicates that Bright Computing will directly provide
Technical Support, Maintenance, Updates and/or Upgrades for your license(s),
then Bright Computing agrees to provide the below services for the Supported
Software based on the service subscription purchased during the applicable
service term, solely on Certified System(s), and solely for the Supported OSs.

The services described in this supplement are provided by Bright Computing to
you based on the then-current service subscription plan(s) available for the
Supported Software. If you have an agreement with a Bright Computing reseller
specifying that a third-party will deliver the same services described in this
supplement for a SOFTWARE, this supplement does not apply. Bright Computing may
update the scope of services under your service subscription plan and any such
modifications are binding on you, provided that such modifications do not single
you out.

2. Services.

2.1 Technical Support. If your service subscription includes Technical Support,
subject to payment of applicable fees Bright Computing will make available to
you Technical Support for the Supported Software during the service term. You
will be permitted to designate in writing to Bright Computing designated users
for purposes of obtaining Technical Support. Bright Computing will provide
Technical Support to such designated users only via a dedicated support portal.
Bright Computing will use commercially reasonable efforts to analyze each
potential Technical Support issue to determine if it qualifies for service.
Bright Computing shall issue a response to all potential Technical Support
issues filed, provided no commitment is made with respect to the specific
resolution.

2.2 Maintenance. If your service subscription includes Maintenance, subject to
payment of applicable fees Bright Computing will make available to you the
Maintenance associated with the Supported Software during the service term.

2.3 Updates. If your service subscription includes Updates, subject to payment
of applicable fees Bright Computing will make available to you the Updates
associated with the Supported Software during the service term.

2.4 Upgrades. If your service subscription includes Upgrades, subject to payment
of applicable fees Bright Computing will make available to you the Upgrades
associated with the Supported Software during the service term.

2.5 Reinstatement. If you elect not to renew certain service subscriptions and
later you desire to re-enroll, you must pay with respect to the services being
reinstated at the then-current rates: (a) fees for the period between the last
expiration of the service subscription and until commencement of the new service
subscription, (b) fees for service term of the new service subscription, and (c)
any applicable reinstatement fees in addition to fees under (a) and (b). Service
subscription re-enrollment is subject to availability of the service
subscription plans at the time of ordering and software version restrictions.

2.6 Requirements and Availability. You shall (a) purchase the initial service
subscription for a Supported Software only for the most current generally
available version of the Supported Software, and (b) initially purchase and
renew service subscriptions for all of your licenses of a Supported Software.
The service subscription plans will indicate the types of services (from the
above) that are available for Supported Software. Bright Computing is not
obligated to provide any services under this supplement for a Supported Software
version after the end of support period to its licensees. Bright Computing is
not obligated to initiate or renew any service subscription if such service
subscription plan is no longer made available by Bright Computing.

3. Exclusions. Bright Computing does not provide services under this supplement
related to:
(a) errors in your own or your licensors’ products that are not due to Errors in
the Supported Software;
(b) service necessary due to operator error, improper use of the Supported
Software or attempted support by unauthorized persons;
(c) use of the Supported Software outside of this Agreement scope;
(d) modifications to the Supported Software made by you or on your behalf, or
any modifications made by any third party without Bright Computing’s
authorization;
(e) use of the Supported Software that deviates from the operating procedures,
indicated supported operating systems and any other specifications indicated in
the documentation;
(f) to the extent the provision thereof would violate Bright Computing’s
obligations to its third-party licensors and suppliers with respect to such
third parties’ intellectual property; or
(g) Supported Software or related services provided free of charge.

Further, services under this supplement do not include any enhancement(s) or
addition(s) to the Supported Software beyond Maintenance, Updates and Upgrades.

4. Your Responsibilities. In order for Bright Computing to deliver services
under this supplement, you agree that:
(a) you are responsible for procuring, installing and maintaining all equipment
and obtaining all consents for other software and other hardware necessary to
operate the Supported Software;
(b) your failure to deploy a Maintenance, Update or Upgrade available to you as
promptly as possible may render the applicable Supported Software non-operable
or non-conforming to later documentation provided by Bright Computing;
(c) you shall further provide through designated users such information, and/or
access to your resources and personnel as Bright Computing may reasonably
require for providing services. As examples, as reasonably requested you shall
(i) identify the correct version(s) of Supported Software, (ii) provide the
documentation and assistance necessary to demonstrate and diagnose each
potential Technical Support issue, including providing necessary test cases that
Bright Computing can reproduce on a Certified System, (iii) provide remote
system access (upon mutual agreement) for Bright Computing to replicate
potential Errors, and (iv) provide embedded diagnostic information;
(d) When you use Maintenance, Update or Upgrade, access to a new product version
does not change the number of authorized licenses you have for the Supported
Software and you shall discontinue use of the prior version as necessary to
maintain your authorized number of licenses;
(e) you will appoint as designated users only those of your employees who have
reasonably appropriate technical backgrounds and skills. You may remove or
replace designated users during the service term with notice to Bright
Computing; and
(f) you will appoint, at Bright Computing’s request, designated service and
engineering contacts for service issue escalations. Bright Computing shall be
excused from performing any of its obligations hereunder to the extent any such
non-performance is attributable to your failure to perform your responsibilities
under this section.

5. Service Fees; Payment Terms. When you purchase service subscriptions directly
from Bright Computing the following applies: Fees for the service subscriptions
are set forth in the associated order and are payable pursuant to the terms of
such order. Unless otherwise expressly indicated in an order, fees will be
invoiced upon your purchase, are payable upon invoice and are expressed in U.S.
Dollars. All fees are non-refundable, and don’t include any taxes, duties or
similar charges. If Bright Computing is required to pay sales, use, property,
value-added or other taxes based on the payments provided in this Agreement and
if Bright Computing is required to collect and remit such taxes, then such taxes
shall be billed to and paid by you or your reseller, unless Bright Computing
receives a valid exemption or resale certificate. If you are not billed the
applicable tax under the order, then it is your responsibility to properly remit
the tax directly to the applicable tax jurisdiction. Further, you acknowledge
that the payments to Bright Computing under this Agreement shall be made in full
without reduction for withholding taxes, if applicable. This section shall not
apply to taxes based on Bright Computing’s net income or payroll taxes. All
amounts not paid when due will accrue interest (without the requirement of a
notice) at the lower of 1.5% per month or the highest rate permissible by law
until the unpaid amounts are paid in full. If payment is overdue, Bright
Computing reserves the right to suspend or terminate service subscriptions, in
addition to any other remedies it may have, until the payment delinquency is
corrected. Payment obligations survive any expiration or termination of this
Agreement.

6. Definitions.
i. “Certified Systems” means Supported OS platforms, corresponding hardware
platforms, third party software and configuration details appearing on a list
maintained by Bright Computing and made available to you, or as otherwise
approved by Bright Computing.
ii. “Error(s)” means a reproducible defect, problem, logical error or bug in the
Supported Software that constitutes a failure to comply substantially with the
applicable documentation and is reported using standard Bright Computing
procedures.
iii. “Error Correction(s)” means adapting, re-configuring, or reprogramming the
Supported Software to correct the Error(s).
iii. “Maintenance” means security patch(es), Error Correction(s) and
Workaround(s) to the Supported Software made available by Bright Computing in
its sole discretion and on a “when and if generally made available” basis to its
other commercial customers of the Supported Software who have the same Supported
Software version under a service subscription contract with Bright Computing
that specifically includes “Maintenance”. Maintenance may include revisions to
documentation.
iv. “Supported OS” means the supported operating system(s) listed in conjunction
with a particular Certified System on the list maintained by Bright Computing
and made available to you.
v. “Supported Software” means the SOFTWARE installed on your premises that are
under a current and valid license and for which you purchased service
subscriptions and does not include any modifications made by you or a third
party on your behalf, any modifications to the Supported Software made by Bright
Computing pursuant to a consulting services agreement or any portion of the
SOFTWARE not developed by Bright Computing.
vi. “Technical Support” means the provision of telephone or web-based technical
assistance to questions from designated users related to the installation, use
and operation of the Supported Software, including basic instruction or
assistance related to functional Errors in the Supported Software.
vii. “Updates” means those modifications to the Supported Software other than
Maintenance made available by Bright Computing in its sole discretion and on a
“when and if generally made available” basis to its other commercial customers
of the Supported Software who have the same Supported Software version under a
service subscription contract with Bright Computing that specifically includes
“Updates” and that is indicated by Bright Computing as being an update by means
of a change in the digit to right of first decimal point (e.g., version 5.0 to
version 5.1).
viii. “Upgrades” means those modifications to the Supported Software other than
Maintenance made available by Bright Computing in its sole discretion and on a
“when and if generally made available” basis to its other commercial customers
of the Supported Software who have the same Supported Software version under a
service subscription contract with Bright Computing that specifically includes
“Upgrades” and that is indicated by Bright Computing as being an upgrade by
means of a change in the digit to left of first decimal point (e.g., version 5.0
to version 6.0).
ix. “Workarounds” means procedures and routines, for use by you, which, when
employed in the regular operation of, or access to, the Supported Software, will
avoid or substantially diminish the practical adverse effects of the relevant
Error.

(v. January 12, 2022)
