MAINTENANCE

SERVICES

The Premium Support is an invaluable resource for Web Performance Trainer customers who want to quickly find answers to their software questions and who want to receive free updates and upgrades.

For Premium Support members (membership via annual subscription fee), Kapitec Software provides:

TECHNICAL SUPPORT

Advice and assistance available through and access to telephone support available from Kapitec Software in France providing coverage from 09:00 to 5:00 PST Monday to Friday excluding statutory holidays. This support is provided to the licensee on a "best efforts" basis, and may include suggestions for short term "work around" solutions, and/or the provision of modifications to the software or documentation as deemed appropriate by Web Performance Inc.

MAINTENANCE

Program upgrades to the software and the documentation licensed under the Software License Agreement are furnished when released by Web Performance Inc. Software upgrades and patch releases are made available at no cost to the registered users with a current Premium Support Agreement.

IMPORTANT: One user only must be registered as primary contact for each maintenance agreement. This primary contact will receive online access information for all product upgrades and will be the contact for technical support issues.

TERMS OF THE MAINTENANCE AGREEMENT

An agreement made between Web Performance, Inc. and Licensee for the provision of software support and maintenance for Web Performance Trainer software (as specified on the Software Support and maintenance Agreement Certificate) where Web Performance, Inc. will provide software support and maintenance based on the terms and conditions set out below.

1.Software Support and Maintenance to be provided

a. Support

Advice and assistance available through electronic mail and access to telephone support available during normal working hours (09:00 to 17:00 hours) Monday to Friday excluding statutory holidays.

Support is available from our main location in North Carolina providing coverage from 09:00 to 5:00 PST. Local support may also be available from our European distributor: KAPITEC SOFTWARE, based in France, from 09:00 to 5:00 PST.

This support is provided to the Licensee on a "best efforts" basis, and may include suggestions for short term "work around" solutions, and/or the provision of modifications to the software or documentation as deemed appropriate by Web Performance, Inc.

b. Maintenance

Program upgrades to the software and documentation licensed under the Software License Agreement will be furnished on request or when released by Web Performance, Inc.

Web Performance, Inc's policy is to use the Internet for software upgrade distribution. Users requiring media will be responsible for both media and shipping costs.

Software Upgrades and patch releases to all versions of Web Performance Trainer are made available on Web Performance Trainer, Inc's Web Site at no cost, other than as described above, to registered users with a current Support and Maintenance Agreement.

2. Licensee Obligations

a. All materials supplied under this agreement are supplied under the same terms and conditions as contained in Web Performance Trainer's Software License and are to be used for the sole purpose of upgrading existing systems for which the Licensee has a valid Support Agreement.

3. Duration and Consideration

a. The duration of this agreement shall be for a period of twelve months from the date agreed at time of purchase. Web Performance, Inc. or the local distributor will inform the Licensee 30 days before the end of the agreement.

b. If the Licensee does not renew the license at the end of the license period, as described in 3.a, above, the agreement is terminated, and the Licensee loses the ability to renew the agreement at the original price.

c. If this Agreement lapses, as in 3.b. above, Web Performance, Inc. reserves the right to charge a fee for the reinstatement of the Agreement. The price to renew a lapsed Premium Support Contract is 50% of the original purchase price of the software.

4. Limitation of Liability

In no event will Intuitive be liable for any damages, including lost profits, or any other direct, indirect, incidental or consequential damages, arising from the use of, or the inability to use, the software.

5. Force Majeure

Neither party shall be liable for failure or delay in performing its obligations for causes beyond its reasonable control.

6. Governing Law

This agreement will be governed by the Laws of the State of North Carolina.

7. Correspondence

Any materials or communications sent to the Licensee by Web Performance, Inc. under this agreement will be sent by first class letter post, Internet Email or facsimile unless the Licensee requests and pays for express delivery by courier or other means that they may elect to use.