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Align Cloud Maintenance and Support Services Addendum

This Maintenance and Support Services Addendum (“Addendum”) is incorporated into the Align Cloud Order Form and Terms and Conditions (collectively “the Agreement”) by and between MFB Technologies, Inc. (“MFB”) and the entity identified as Customer (“Customer”) in the Agreement. All defined terms that are not defined in this Addendum have the meaning provided to them in the Agreement.

As described herein, all support requests shall be directed to the address support@mfbtech.com unless you have been directed otherwise by an MFB representative.

1. Definitions​

"Eligible Support Recipients" means any user who is licensed to use the services provided pursuant to the Agreement.

"Maintenance" means making available the Updates and Upgrades for the Covered Products as described in Section 3 of this Addendum.

"Support Services" means, collectively, the Technical Assistance and the Maintenance as described herein.

"Technical Assistance" means the provision of responses by MFB Technologies personnel to questions from Eligible Support Recipients related to use of the Covered Products, including basic instruction or tutorial assistance regarding the features and functions of the Covered Products. Technical Assistance may include the provision of, or direction of the Eligible Support Recipients, to written or recorded instructions.

"Update" will mean any generally available version of the Covered Products, developed by MFB Technologies that implements minor improvements or augmentations, or which corrects failures of the Covered Products materially to conform to the Documentation. Updates may be labelled v.1.1, v.1.2, v.1.3, etc. or v.1.1.1, v.1.1.2, 1.1.3.

"Upgrade" will mean any version of the Covered Products, developed by MFB Technologies that implements additional features or functions, or that produces substantial and material improvements with respect to the utility and efficiency of the Covered Products, but which does not constitute merely an Update, and which is not marketed and/or distributed by MFB Technologies as a separate and independent product or module. Upgrades may be labeled v.1, v.2, v.3.

2. Technical Support and Engineering Support Service​

2.1 Scope of Technical Assistance.

MFB Technologies will exercise commercially reasonable efforts to provide Technical Assistance for the Covered Products to Eligible Support Recipients during United States business hours.

2.2 Eligible Support Recipients.

MFB Technologies will have no obligation to provide Technical Assistance, by any means, to any entity or individual other than Eligible Support Recipients.

2.3 Means of Access to Technical Assistance.

Eligible Support Recipients will be permitted to request Technical Assistance by: (i) directing electronic mail requests therefore to MFB Technologies at support@mfbtech.com or at such other electronic mail address as MFB Technologies may specify for such purposes from time to time; or (ii) using an online support portal if one is provided. All Support Services are provided remotely and MFB Technologies will have no obligation to provide on-site Support Services at Customer’s facilities or at any other location.

2.4 Limitations on Technical Assistance.

2.4.1: MFB Technologies will have no obligation to provide Technical Assistance with respect to any Software Error resulting from: (i) use of the Covered Products other than in accordance with the Documentation; (ii) modification of the Covered Products by Customer or any third party; or (iii) any combination or integration of the Covered Products with hardware, software and/or technology not provided by MFB Technologies.

2.4.2: MFB Technologies will not be required to provide Technical Assistance regarding use of any version of the Covered Products other than the most recently released Update or Upgrade. MFB Technologies will not be required to provide Support Services regarding use of any software other than the Covered Products.

3. Application Maintenance​

3.1 Error Corrections.

Subject to Customer’s payment of all fees and other amounts payable under the Agreement, MFB Technologies will use commercially reasonable efforts to adapt, re-configure or re-program the Covered Products, or any portion of the Covered Products, in order to correct any Software Errors reported by Eligible Support Recipients by any means set forth in Section 2. Any failure or inability by MFB Technologies to correct any such Software Error, or failure or inability to do so in a timely fashion, will in no event be deemed a breach of MFB Technologies’ s obligations hereunder.

3.2 Procedural Workarounds.

In the event that MFB Technologies fails or is unable to correct any Software Error, MFB Technologies will use commercially reasonable efforts to develop procedures or routines for use by Authorized Users of the Covered Products, which, when employed in the regular operation of the Covered Products, will avoid or diminish the practical adverse effects of the relevant Software Error, provided that any failure or inability by MFB Technologies to develop any such procedure or routine, or failure or inability to do so in a timely fashion, will in no event be deemed a breach of MFB Technologies’s obligations hereunder.

3.3 Updates and Upgrades.

From time to time MFB Technologies may, in its discretion, develop Updates and/or Upgrades. MFB Technologies will, during the Term of the Agreement, make such Updates and/or Upgrades, when and if developed, available to Customer at no additional cost. Except as provided in the foregoing sentence, any such Updates and/or Upgrades provided under this Addendum will be deemed to constitute part of the Covered Products and will be subject to all terms and provisions set forth in this Addendum and the applicable agreements governing such use including, terms and provisions related to licenses, use restrictions, ownership and distribution of the applicable Covered Product (e.g., Updates to the Licensed Open Source Products are governed by the applicable open source license and Updates to the Licensed Software are governed by the Agreement).

4. Customer Access​

As a condition of MFB Technologies’s obligations under this Addendum, Customer will provide such information and/or access to Customer resources as MFB Technologies may reasonably require in order to provide the applicable Support Services under this Addendum. MFB Technologies will be excused from any non-performance of its obligations hereunder to the extent any such non-performance is attributable to Customer’s failure to perform its obligations under this Section 4.

Updated: 10/2/2024