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3.4 CAUSES WHICH ARE NOT ATTRIBUTABLE TO SCPDC. Maintenance and Support <br />will not include services requested as a result of, or with respect to causes which are not <br />attributable to SCPDC Software. These services will be billed to Licensee at SCPDC's then - <br />current rates. Causes which are not attributable to SCPDC include but are not limited to: <br />a) Unusual physical, electrical or electromagnetic stress; neglect; misuse; failure or <br />fluctuation of electric power, air conditioning or humidity control; failure of <br />rotation media not furnished by SCPDC; excessive heating; fire and smoke <br />damage; operation of the Software with other media and hardware, software or <br />telecommunication interfaces not meeting or not maintained in accordance with <br />the manufacturer's specifications; or causes other than ordinary use; <br />b) Improper use of the Software that deviates from any operating procedures <br />established by SCPDC in the applicable Documentation; <br />C) Modification, alteration or addition or attempted modification, alteration or <br />addition of the Software undertaken by persons other than SCPDC or SCPDC's <br />authorized representatives; <br />d) Software programs made by Licensee or other parties. <br />4. RESPONSIBILITIES OF LICENSEE. SCPDC's provision of Maintenance and Support <br />to Licensee is subject to the following: <br />4.1 Licensee shall provide SCPDC with access to Licensee's personnel and Equipment during <br />normal business hours via remote access software. <br />4.2 Licensee shall provide supervision, control and management of the Use of the Software. <br />In addition, Licensee shall implement procedures for the protection of information and the <br />implementation of backup facilities in the event of errors or malfunction of the Software or <br />Equipment. All data will be transferred in CSV format to the Licensee's FTP site at least <br />annually. The actual date and process will be determined cooperatively between the Licensee <br />and SCPDC. <br />4.3 Licensee shall document and promptly report all errors or malfunctions of the Software to <br />SCPDC. Licensee shall take all steps necessary to carry out procedures for the rectification of <br />errors or malfunctions within a reasonable time after such procedures have been received from <br />SCPDC. <br />4.4 Licensee shall maintain a current backup copy of all records and transactions using the <br />SCPDC Software. <br />4.5 Licensee shall properly train its personnel in the Use and application of the Software and <br />the Equipment on which it is used. <br />