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descriptions in each subsequent renewal, as applicable, No other. maintenance or support for the Software is included in this Agreement, 3.2 Fees, Subscription Fees will be due and payable in accordance with this Agreement. Subscription Fees are nonrefundable, once.paid to Ventiv. 4. Error Corrections and Patches. 4,1 As a part of the Customer Support Services, Ventiv will use commercially reasonable efforts to provide Error Corrections for all verifiable and reproducible Errors in the Software in accordance with the Agreement and this Schedule C. 4.2 Asa part of the Customer Support Services, Ventiv will provide Patches to the Software that Ventiv makes generally available to its customers who receive support services. 5. New Releases. 51 As a part of the Customer Support Sei vices, Ventiv will provide to Customer new Releases of the Software as and when developed, except for new products or modules for which Ventiv generally charges a separate license or subscription fee. Ventiv is not obligated to develop new Releases of the Software. 5.2 Ventiv will provide Customer, as pail of the Customer Support Services, with new Releases created by Ventiv as a result of a change in law or new law that directly applies to existing functionality within the Software currently offered by Ventiv. As an accommodation and not as provision of legal advice, Ventiv will take commercially reasonable efforts to promptly notify Customer in writing upon becoming aware of any material changes to any applicable law or governmental regulations that may cause the current Release of the Software not to conform to such law or regulations. Notwithstanding the foregoing, in the event that the required modifications to the Software (i) would require a material re -architecture or other significant product re -design, (ii) would require Ventiv to obtain data which is either tmavailable, or, which is only available at a material cost, or (iii) would otherwise require Ventiv to incur material expenditures (as measured against the fees charged under this Agreement), and Ventiv is not otherwise making such modifications for its other customers, then Ventiv may cease providing the affected Software in the affected jurisdiction. Customer is strongly encouraged to consult with its own attorneys and other advisors as to legal requirements in effect from time to time. 5.3 In the event that Vontiv intends to withdraw any Software from general availability for any reason whatsoever, Ventiv will provide Customer at least six (6) months prior written notice of such withdrawal. 6. Software Upgrades. 6.1 Ventiv provides utilities, scripts and documentation to enable self -hosted Customers to upgrade their own test and production environments, Ventiv hosted Customers are entitled to one (1) test and one (1) production non-compliance related upgrade per year, included in their Subscription Fee. 6.2 If the upgrade request is outside of the scope of this Agreement as indicated in Sections 6.1 through 6.2 above, Ventiv will notify the Customer to that effect and reserves the right to charge Customer at Ventiv's then current standard hourly rates, for which Customer agrees to pay Ventiv promptly upon receiving an invoice. The following are examples of upgrade requests that are available from Ventiv; (a) Customer requested test refresh database from production data in addition to the one refresh per year (Ventiv-hosted Customers only); (b) additional upgrades in test or production environments required by the Customer through no fault of Ventiv; (c) upgrade or upgrade activities requested during non -business hours; (d) request for Ventiv to perform the test and/or production upgrades for self -hosted Customers. 7. Limitations. 71 Ventiv is under no obligation to provide Customer Support Services with respect to; (a) Software that has been altered or modified by Customer or any third party; (b) Software used on a system that does not meet 1E