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2.2 Magnet Forensics' obligations to perform the support and maintenance services hereunder, as <br /> applicable, will apply only to the Software provided to you by Magnet Forensics and not to <br /> peripheral data or any third party hardware or software. Support and maintenance services shall be <br /> available between 8:30 a.m. to 5:30 p.m., Eastern Time, Monday to Friday, excluding Canadian <br /> statutory or national holidays (each a "Business Day"). <br /> 2.3 The following services (the "Excluded Services") are specifically not included in the support and <br /> maintenance services: <br /> g. advice or instructions related to general-usage of the S AW-are; <br /> h. installation of the Software; <br /> i. on-site support related to the Software; <br /> j. corrections of defects found by Magnet Forensics to be: <br /> i. in other than a current, unaltered release of the Software provided free of charge to you; <br /> ii. caused by your negligence or that of a third party (other than a third party working on <br /> Magnet Forensics' behalf), or modifications made to the Software by you or by any third <br /> party other than a third party working on Magnet Forensics' behalf; <br /> iii. arise from use or interoperability of the Software in combination with hardware or software <br /> not specifically approved by Magnet Forensics; <br /> iv. caused by normal wear and tear; <br /> v. caused by improper or unauthorized use of the Software; <br /> vi. caused by use of the Software in a manner contrary to, or otherwise not in accordance <br /> with, documentation, guidelines or instructions provided by Magnet Forensics in relation to <br /> the Software; <br /> vii. due to external causes such as, but not limited to, power failure or electrical power surges; <br /> or <br /> viii. defects which do not prevent the Software from operating in accordance with its <br /> specifications. <br /> In the event that you wish Magnet Forensics to perform any Excluded Service, such Excluded <br /> Service must be pursuant to a separate, mutually agreed upon written agreement between you and <br /> Magnet Forensics. <br /> 3. Termination <br /> 3.1 This Agreement may be terminated immediately upon notice for cause if: <br /> a. either Party commits a material breach of this Agreement, or consistently fails to properly <br /> perform and observe its obligations under this Agreement, and fails to rectify the situation <br /> within thirty (30) calendar days of the non-breaching Party delivering notice of the breach or <br /> consistent failure to perform; or <br /> b. either Party becomes insolvent, or a receiver or receiver-manager is appointed for any part of <br /> the property of such Party, or such Party makes an assignment, proposal or arrangement for <br /> the benefit of its creditors or such Party files an assignment in bankruptcy, or any proceedings <br /> under any bankruptcy or insolvency laws are commenced against such Party. <br /> 3.2 Magnet Forensics shall have the right to terminate this Agreement immediately upon notice to <br /> you if your license to use the Software under the User Agreement is terminated for any reason. <br />