Support Schedule

This “Support Schedule” sets forth the terms applicable to the provision of Support Services (“Support Terms”) under the Subscription Agreement referencing this Support Schedule, and these Support Terms are hereby incorporated into and made a part of such Subscription Agreement. Capitalized terms that are not defined in these Support Terms shall have the meaning set forth in the Subscription Agreement.

1. Support and Maintenance Services. During the Subscription Term JBI will provide Client with Support Services consisting of Error Corrections, telephone support and Updates for the Solution in accordance with this Support Schedule. Support Services are provided with every level of subscription plan selected by Client in the applicable Order Form and for which Client has paid. The “Support Description” is as follows and is subject to change in accordance with Section 9.2 of the Agreement.

Other support and maintenance, including on-site support services, may be requested by Client as Professional Services. “Support Hours” are 9 am to 5 pm ET, M-F excluding US holidays.

2. Telephone Support. JBI will provide a telephone number and/or email address available during Support Hours to enable reporting of technical and operational issues. The purpose of such support shall be to provide assistance to Client in identifying, verifying and resolving problems in using the Software. Unless otherwise set forth in an Order Form, JBI provides Telephone Support only to Client’s designated Admin Users and support personnel (“Support Contacts”), and as between the parties, Client will be responsible for providing direct support to its scholar and student Users. JBI will respond to requests from Support Contacts based on the following criteria: (a) the order that such calls or e-mail are received; and (b) the relative importance of such calls or e-mail as reasonably determined by JBI in accordance with criteria below. JBI will exercise commercially reasonable efforts to respond to technical support requests and provide Error Corrections consistent with the following severities and Response/Resolution Time targets:

Response Time starts when JBI receives notification of the problem (including requested diagnostic information) in accordance with this Support Exhibit and lasts until JBI’s technical support staff responds to begin solving the problem. Resolution Time begins once JBI’s staff has reproduced the problem and lasts until such time that JBI delivers a work-around or fix to Client and is contingent upon Client providing reasonable assistance and all necessary access to the Client’s sites and/or systems. Response and Resolution Times do not include any period spent waiting on a response from Client or an applicable third party or any period outside Support Hours. Resolution Times do not apply if the error was caused by Client’s misuse of the Solution or the actions of parties outside of JBI’s control.

3. Error Corrections. “Error Correction” means that JBI will correct reproducible Errors in the Solution known to JBI or brought to its attention via Telephone Support. JBI may correct an Error by either (i) modifying the Solution, or (ii) issuing a work around procedure; provided that such Error Corrections shall endeavor not to affect the functionality, efficiency, or availability of the Solution in any material respect. If a reported Error was not attributable to a failure of the Solution to conform to its Documentation or to an act or omission of JBI personnel, then JBI reserves the right to charge Client for JBI’s investigation and related services at JBI’s then prevailing Professional Services fee rates, together with any applicable expenses.

4. Updates. “Update” means any revision, adaptation, enhancement, or new release of the Solution that JBI makes available to JBI’s clients who are receiving Support Services. Updates do not include additional modules, future products or supplementary products that are licensed separately and available only for an additional fee. The Solution is a shared application platform, and JBI will simultaneously roll out each Update to all its clients receiving Support Services, including Client, when such Update is released. JBI shall have the sole discretion to determine which and when Updates are developed and released. Any Update made available to Client will be deemed part of the Solution. Client shall be responsible for installation of any Update to Software installed on its systems, unless JBI has agreed to perform such installations as Professional Services.

5. Availability. JBI will use commercially reasonable efforts to cause the Solution to be accessible to Users with a monthly minimum availability of 99% (the “Availability Metric”). For purposes of determining availability hereunder, the Solution shall be deemed unavailable when Client or its Users are unable to access such Solution as a result of complications with the Solution or other hardware, software, equipment or services provided by JBI or its Service Providers. Without limiting the foregoing, the Solution shall not be deemed to be unavailable during (i) downtime arising from issues caused by Client or data, hardware or other equipment provided by Client, (ii) downtime arising from scheduled/planned maintenance provided that Client has been given reasonable advance notice thereof (at least 24 hours, if possible), (iii) issues with hardware or networks not under the control of Client or its Service Providers, including the Internet, (iv) unscheduled downtime for emergency installation of patches, fixes, error corrections, service packs or virus protection measures provided by any vendor of third party software or hardware used in hosting the Solution, or (v) interruption caused by a Force Majeure Event. If the Availability Metric is not achieved in any 3 months in a 12-month period, Client will have the right to terminate any affected Order Form by giving JBI written notice. Upon any such termination, JBI shall promptly refund to Customer a pro-rata portion of any pre-paid Fees for the remaining portion of the Term. The foregoing shall be Client’s sole and exclusive remedy with respect to any failure to achieve the Availability Metric.

6. Beta Releases. If Support Services include Beta Releases, then JBI will notify Client of pre-release alpha or beta versions of Updates to the Solution. Upon Client’s request, JBI will make such pre-releases reasonably available to Client, at no additional cost, for review, evaluation, training, and planning purposes. Beta Releases are not for production use. JBI will make good faith efforts to make each such pre-release available to Client no later than the earliest date JBI makes such pre-releases available to any other client. All such pre-releases are provided “AS IS,” without warranty of any kind and are not eligible for Support Services.

7. User Support. Unless otherwise set forth in an Order Form, as between the Parties, Client will be responsible for providing its student/scholar Users with support regarding use of the Solution. JBI may agree to perform certain User support services as Professional Services. Notwithstanding the foregoing, in the event a User contacts JBI directly regarding first-line support of Solution functionality, JBI may respond directly to the User or refer the User to Client, but in any case, will inform Client of the nature of the User’s request, JBI’s recommendations, the actions taken, and results.

8. Training Services. Client will be responsible to provide training services to its Users. If requested by Client, JBI may agree to provide Professional Services to train Client’s personnel or Users on the Solution as provided in an Order Form.