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• <br /> t5 <br /> In order to cover the cost of support services provided by Autodesk pursuant to this Agreement,Autodesk <br /> has established Enrollment Fees payable by Developer.The current Enrollment Fees are stated in the ADN <br /> Membership Application. Special promotional pricing may be offered by Autodesk, at its sole discretion, <br /> from time to time. Upon expiration of any such promotional offering, pricing shall revert to the then <br /> current Enrollment Fee. <br /> 9. ADN PROGRAM SUPPORT. <br /> 9.1 Software. Subject to the terms and conditions of this Agreement, the determination, selection, <br /> form, format and/or delivery of the Software is in Autodesk's sole discretion. Developer may receive the <br /> Software via physical delivery or via electronic download online or via any other technology now known or <br /> hereafter known,in Autodesk's sole discretion. <br /> 9.2 Developer Support. Subject to Developer personnel (who actually submit Support Requests) <br /> demonstrating their basic proficiency in software development, Autodesk or a third-party authorized by <br /> Autodesk, will provide Developer Support services for the Software,via email, internet or telephone.The <br /> scope of Developer Support shall not extend beyond issues related to the Software application <br /> programming interfaces. Developer acknowledges and agrees: <br /> 9.2.1 Developer Support shall be deemed to be Confidential Information; <br /> 9.2.2 Developer Support is provided solely for, and shall be used solely for, supporting <br /> Developer's internal use of the Software in accordance with the terms of this <br /> Agreement; <br /> 9.2.3 Developer Support may not achieve Developer's desired results;and <br /> 9.2.4 Developer bears sole responsibility for determining whether or not the Software is <br /> suitable foruse in or with Developer Works. <br /> 9.3 Additional Materials. Autodesk may provide.to Developer certain coordination and support <br /> services,designated by Autodesk and/or certain information on Autodesk products. <br /> 9.4 ADN Site. Autodesk will provide Developer with access to the ADN Program website and/or such <br /> other websites or successor websites as Autodesk may designate in its sole discretion. <br /> 9.5 Autodesk may, from time to time, make available to Developer marketing or other public-facing <br /> materials and/or samples of such materials as Autodesk may, in its sole discretion, consider appropriate to <br /> facilitate the ADN Program or its objectives. Autodesk may place restrictions on the use of such materials <br /> as it may, in its sole discretion,consider appropriate to facilitate the ADN Program or its objectives. <br /> 10. DEVELOPER OBLIGATIONS. <br /> 10.1 Product Update. Developer shall use its best efforts to create Developer Works that complement <br /> and enhance the Autodesk products and/or services. With respect to Developer Works that are <br /> Developer's commercial products, Developer shall have completed and commenced shipment of such <br /> Developer Works as soon as practicable for the most recent release of the applicable Software. This <br /> Section shall apply only to Developer Works that are commercially released by Developer and that require <br /> the Software to operate. <br /> 10.2 Software Not for Resale. The Software provided pursuant to this Agreement is not for resale and <br /> Developer shall not use the Software for the purpose of developing products and/or services that are <br /> primarily competitive with Autodesk's products and/or services. <br /> ADN Program Agreement-Americas Page 7 of 11 <br /> 11-Nov-09 <br /> 102 <br />