End-User License Agreement and General Terms of Use between CMA IMAGING and subsidiaries, with main office at 13Bis Avenue de l'Industrie, 1420 Braine-l'Alleud, Belgium (hereinafter referred to as "CMA") and the End-User (hereinafter referred to as "Customer")

This Agreement also covers software owned by third parties. If no license or specific terms and conditions are presented for acceptance the first time that third party software is invoked, then the use of that third party software will be governed by this Agreement.

Section 1 Scope, conclusion of the Agreement

This license agreement and terms of use regulate a) the granting of rights of use to the CMA ColorPortal, ColorMatch, ProductionServer, ColorPrediction or other CMA Software products named in the customer’s offer (hereinafter "CMA Software") which the customer is (i) limited in accordance (temporary License) or (ii) indefinitely (permanent license) with the CMA offer as well as b) if contractually agreed (i) the installation of the CMA Software on the customer's IT systems, (ii) the provision of consulting services for CMA Software and / or (iii) the provision of training services for CMA Software.

(1)   These General Terms and Conditions of Use shall always take precedence over the provisions of CMA’s general terms and conditions, which shall only be regarded as an addendum.

(2)   CMA does not recognize, and objects to, any contradictory and/or deviating provisions stated by the Customer, unless CMA has approved them in writing in individual circumstances.

(3)   All CMA offers are non-binding and subject to confirmation, unless CMA`s offer is binding and includes a binding period. CMA may choose to accept any offers submitted by the Customer in response (e.g. “orders”) within 10 days by sending an order confirmation or providing the ordered service. However, an agreement which includes these General Terms and Conditions of Use shall only be concluded between CMA and the Customer if CMA issues a declaration of acceptance. CMA’s acceptance shall only be effective if it is declared in writing or if CMA has provided a contractually agreed main service.

Section 2 Granting and scope of rights of use

(1)   With full payment of the agreed remuneration (Section 5), CMA grants the customer the following rights: a) For the duration of this contract, CMA grants the customer the non-exclusive right to make the CMA Software available per license to one of its end customers within the EU and/or USA for use on a single physical or virtual operating system environment. The license is transferred to the end customer for the agreed license period upon sale. b) The customer is responsible for the procurement and compliance with the necessary licenses, approvals from the respective national authorities in the recipient country for the export of CMA Software. Claims of any kind that arise from non-compliance are to be borne by the customer and CMA is to be held harmless.

(2)   The CMA Software user license expires at the end of the agreed term.

(3)   If the Customer has been provided with the CMA Software on a physical data carrier, the latter shall always remain the property of CMA.

Section 3 Services provided by CMA, risk transfer

(1)   Upon payment of the agreed fee (Section 5), CMA shall provide the following ancillary services, if contractually agreed, on dates agreed with the Customer: (i) installation of the CMA Software at the location agreed with the Customer and/or (ii) training of the Customer’s users on how to operate CMA Software, either at the Customer’s location or remotely.

(2)   In order to maintain the usability of the CMA Software, CMA shall ensure that the Customer always has access to CMA’s support or the support team of a vicarious agent engaged by CMA (via phone and mail), unless the Customer has concluded a separate agreement for this purpose with a CMA sales partner. Further details (such as error classes, response times, service hours) are stated in Annex 10.1 (Product description, availability and maintenance of usability).

Section 4 Service transfer date for CMA Software, transfer, approval

(1)   The setting up and maintenance of the Customer’s Internet access, which is required for using the CMA Software and therefore the services to be provided by CMA, do not form part of this Agreement. The Customer is solely responsible for (i) the functionality (particularly: availability) of its Internet access, including the transfer paths, as well as (ii) the specific IT infrastructures located in its premises.

(2)   When installing the CMA Software locally, it is transferred upon completion of the installation.

(3)   The work performed by CMA shall be deemed to have been approved by the Customer using the software.

Section 5 Fee, adjustment of fee

(1)   The Customer shall pay CMA a fee for the granting of the rights of use (Section 2 Subsection 1) for the CMA Software as well as any other contractually agreed services to be provided by CMA and depending on the fixed term as stated in CMA’s offer. This fee shall be payable in full and in advance to CMA.

(2)   In addition to the agreed fee, the Customer shall pay the statutory sales tax due at the respective statutory rate.

(3)   Once the contractually agreed initial fixed term has expired, CMA may (in the event of the Agreement being extended in accordance with Section 6 Sub-section 2) at its discretion increase or decrease the agreed fee, in whole or part thereof, by giving three months’ notice at the start of a month. Such advance notification shall be given in text form. The adjustment shall only be binding for the Customer if it is fair. If the adjustment is unfair, a court shall rule about the determination. The same shall apply if the determination is delayed. If the fee is increased by more than 8% per contractual year, the Customer may terminate the Agreement by giving two weeks’ notice from the effective date of the increase (extraordinary right of termination). If there is proof that CMA is not responsible for a fee increase, the Customer shall not have the right to terminate the Agreement. This shall apply, in particular, to price adjustments caused directly or indirectly by legislation.

Section 6 Effective date, fixed term, automatic extension, termination

(1)   The contract with the Customer comes into effect upon acceptance of the customer's order by CMA or the acceptance of a binding CMA-offer by the Customer and has a fixed term inaccordance with the period specified in the offer by CMA.

(2)   Once the initial fixed term has expired, the contractual relationship shall be automatically extended by a further fixed term of 12 months at a time, unless it is terminated by one of the Parties by giving three months’ notice prior to the end of the respective fixed term.

(3)   This shall not affect the right of the Parties to terminate the Agreement for good cause. 

(4)   CMA may terminate the Agreement concluded with the Customer without notice and for good cause, particularly if and insofar as the following applies:

​​(i)          The Customer is in arrears with payment of the agreed fee or a material portion of the agreed fee.

​​(ii)        Insolvency proceedings for the Customer’s assets are being applied for or such application has been rejected due to lack of assets.

​​(iii)       The Customer uses CMA Software in breach of the Agreement.

(5)   Notice of termination shall be given in writing to become effective.

(6)   In the event of this Agreement being terminated, the Customer shall undertake to

​(i)         refrain from using the CMA Software,

​(ii)        hand any anti-copying device (e.g. dongle) provided by CMA back to CMA,

​(iii)       remove the CMA Software from its IT systems (Section 7 Sub-section 1),

​(iv)       irretrievably and permanently delete the CMA Software, or irretrievably and permanently destroy it in some other manner, if requested by CMA,

​(v)        provide CMA with written confirmation and proof of such deletion or destruction, and

​(vi)       return the documentation to CMA, no later than on the calendar day following the expiry of the Agreement. If the Customer fails to send confirmation of deletion and/or continues to ​use CMA Software, the Customer shall pay CMA a reasonable contractual penalty. CMA may determine this contractual penalty at its discretion. In case of dispute, the responsible court shall ​review the amount of the contractual penalty. CMA reserves the right to assert further-reaching damages from which the contractual penalty shall be deducted.

(7)   The Customer is also being explicitly reminded that it shall not continue to use CMA Software nor documentation once the contractual relationship has ended – regardless of scope and form. Failure to comply with this rule will result, in particular, in a violation of copyright of the intellectual property owner.

(8)   Unless otherwise agreed with the Customer, CMA shall delete all of the product-specific data transferred to CMA by the Customer 30 days after the Agreement has expired, if this is permitted by law and CMA does not have to comply with any contrary statutory retention periods. The data processed in Section 14 shall remain unaffected by this rule.

Section 7 Copying

(1)   The Customer may (only) copy the CMA Software onto one (1) computer for use during the term of the Agreement. The only permissible reasons for copying the CMA Software are the installation of the CMA Software on a data carrier of the computer, the transfer of the software, in whole or part thereof, from such data carrier to the internal memory, and consequently to the CPU and graphic card of the computer.

(2)   The CMA Software locally provided to the Customer may only be used on the computer where the software was initially installed and activated. Any re-installation of the software, for whatever reason, even on the original computer, must be activated by CMA.

(3)   The Customer shall not remove or bypass the existing protection mechanisms from CMA Software for unauthorized use, unless this is required for the error-free use of the program.

Section 8 Decompiling, software modification

(1)   The Customer may decompile the program codes provided into other code forms and recover the various development stages of the software using other forms of reverse engineering – in compliance with the provisions of Section 69e of the German Copyright Act (Urhebergesetz – UrhG) at all times – if and insofar as the Customer performs such actions for obtaining information required for creating interoperability of an independently developed program and this information cannot be obtained any other way. The Customer shall therefore first request the required information from CMA for a fee to compensate CMA for the effort incurred.

(2)   In order to be permitted to the decompiling of the software, the Customer shall further reverse engineer or observe the program only in such manner that ensures that no program codes are printed on any printer.

(3)   Copyright notices, serial numbers and any other characteristics that serve to identify the program must never be removed or modified. The same shall apply to the suppressing of the display of such characteristics on screens.

(4)   the Customer shall not modify the (locally installed) CMA Software in any other manner, unless this serves exclusively to rectify a defect and CMA is delayed in rectifying such defect. In the latter case, the Customer may only engage a professional third party that is not a potential competitor of CMA, if it appears probably that important program functions and processes may be disclosed during the rectification of defect.

Section 9 Customer’s duty to cooperate and of care 

(1)   The Customer shall provide all services that are required for ensuring the proper and uninterrupted operation of its IT systems (hardware, software, networks, etc.) at all times, Internet connections, printers, and measuring devices.

(2)   The Customer shall always notify CMA of any defects of CMA Software immediately in a traceable and detailed manner and taking into consideration all of the information required for troubleshooting and rectifying the defect. The Customer shall report, in particular, the work steps leading to the occurrence of the defect, the effects, and the appearance of the defect.

(3)   The Customer shall implement suitable measures to protect CMA Software against unauthorized third-party access.

(4)   The Customer shall instruct its employees about compliance with the provisions of these Terms and Conditions of Use as well as copyright law. The Customer shall, in particular, inform its employees that it is prohibited to copy the CMA Software and its documentation in any form that exceeds the contractually agreed scope.

(5)   If an employee of the Customer violates CMA’s copyright, the Customer shall participate in the clarification of the violation of copyright to its best of its ability, and, in particular, notify CMA immediately about the respective activities that violated the copyright.

(6)   The Customer shall undertake to set up remote access for CMA for processing queries or complaints and to maintain it for the duration of this Agreement. The Customer shall provide CMA with all of the information required for this purpose (e.g. login ID, password) and also create the required conditions. Failure of the Customer to provide such remote access shall result in CMA having the right to provide the services on site at the respective applicable daily rates.

Section 10 Warranty

(1)   Technical data, specifications and service specifications in public statements, particularly in advertising media, do not constitute quality specifications. The functionality of CMA Software is first and foremost based on the product description (Annex 10.1) and any additional agreements concluded in this respect. In all other cases, CMA Software shall be suitable for the use agreed in this Agreement and also be of a quality standard that is common among similar software. The Customer is aware that the current state of technology renders it impossible to develop error-free software that meets all requirements of use and to provide such software for use. The Customer shall, in particular, ensure that the CMAColorPrediction & ColorMatch meets its requirements.

(2)   CMA shall provide a standard warranty for the maintenance of the usability and availability of the CMA Software during the term of this Agreement, if and insofar as the following conditions have been met: (i) The Customer reported the defect to CMA immediately in a traceable and detailed manner and taking into consideration all of the information required for troubleshooting and rectifying the defect (the Customer shall report, in particular, the work steps leading to the occurrence of the defect, the effects, and the appearance of the defect), (ii) CMA is able to reproduce the underlying error on CMA’s systems, and (iii) the underlying error does not result from combining the CMA Software with hardware, software, IT systems and/or peripherals owned by the Customer that are not supported by CMA, or from the unauthorized modifications of the CMA Software by the Customer and/or third parties. If these conditions have been met, CMA shall provide bug fixes and patches for the rectification of defects in the CMA Software that significantly reduce usability. The installation of these bug fixes and patches is not included in the contractually agreed services to be provided by CMA. CMA shall not be obliged to develop CMA Software further. CMA may, at any time, engage subcontractors, particularly for the fulfillment of warranty obligations.

(3)   The adjustment of CMA Software to meet changed conditions of use and to account for technical and functional developments, such as changes to the IT environment, particularly changes to the hardware or operating system, adjustment to the functional scope of competitive products, or the creation of compatibility with new data formats are not included in the above obligation to maintain usability and CMA is therefore also not obliged to perform such activities.

(4)   CMA shall rectify any defects in CMA Software within a reasonable period of time from the notification of defect by the Customer. CMA may choose to rectify the defect by performing repairs (e.g. provision of bugfixes) or providing replacements free of charge. The Customer shall support CMA to the best of its ability and within a reasonable scope with the troubleshooting and rectification of defect and set up remote access for CMA to the CMA Software at its own cost.

(5)   The above-mentioned services (Section 10 Sub-section 4) provided by CMA due to a physical defect shall be the sole obligation of CMA and the sole entitlement of the Customer in connection with defects, errors, malfunctions or non-compliance with CMA Software specifications. Should the rectification of defect fail within a reasonable period and should it continue to fail within a reasonable period of grace granted to CMA by the Customer, the Customer shall be entitled to the statutory warranty claims. 

(6)   The Customer shall not be entitled to warranty claims if the Customer modified the CMA Software itself, or engaged third parties to do so, without prior written consent from CMA. 

(7)   The Customer’s right to enforce a reduction by reducing the contractually agreed fee shall be excluded. However, the Customer’s respective claims on account of unjust enrichment and compensation shall remain unaffected by this rule.

(8)   If reported defects are not the responsibility of CMA, the Customer shall compensate CMA for the time expended and costs incurred for the “rectification of defect” at CMA’s applicable hourly rates at the time.

(9)   Claims for physical damages expire by limitation after one year from the date on which the statutes of limitation start in accordance with the law.

Section 11 Liability

(1)   CMA shall assume liability to the Customer for damages caused by CMA, its legal representatives or vicarious agents through acts of malicious intent or gross negligence as well as for injury to life, limb and health caused by CMA, its legal representatives or vicarious agents.

(2)   In the event of a slightly negligent violation of obligations whose fulfillment is crucial for the proper performance of this Agreement, or whose violation impairs the achievement of the contractual purpose, and in compliance with which the Customer may regularly trust, CMA’s liability shall be limited to the discernible damage that can typically be expected for this kind of agreement. This rule shall also apply to loss of profit and loss of savings.

(3)   If CMA’s liability is limited to the discernible damage that can typically be expected for this kind of agreement, CMA’s liability per calendar year shall amount to the order value per calendar year.

(4)   In all other cases, CMA’s liability for damages caused by acts of slight negligence shall be excluded.

(5)   CMA shall only assume liability for the loss of data if the Customer backs the data up at intervals adequate for its application, but at least once a day, in machine-readable format and thus ensures that the data can be recovered with reasonable effort. Failure of the Customer to back up the data shall result in CMA’s liability to be limited to the efforts and costs that would have been expended and incurred to recover the data from a proper backup as well as the damage incurred through the loss of the current data that would also have been lost if the data had been backed up daily. In the case of a locally installed CMA Software, CMA recommends for the Customer to back up all data prior to installing the CMA Software.

(6)   Under a guarantee declaration, CMA shall only assume liability for damages if and insofar as CMA has issued a guarantee with the explicit purpose to protect the Customer against the occurrence of the damage that has been claimed for.

(7)   Regardless of the general applicability of the above provisions and within the scope of the applicable laws, the Customer shall furthermore accept and confirm that the elements of the CMA Software were supplied to the Customer by CMA “as seen”, without any confirmation or warranty. Regardless of the general applicability of the above provisions CMA shall assume any form of warranty regarding the excluded components, neither explicitly nor implicitly, arising from the trade, use, sale or legally compliant use of the excluded components. In particular, any warranty regarding the marketability, usability for a specific purpose, ownership rights, compliance with third-party intellectual property rights, secret use, and system integration shall be excluded for the excluded components. The Customer shall not, in the name of CMA, issue explicit or implicit pledges or warranties to third parties regarding the excluded components. The Customer shall further undertake to implement all measures required to ensure that none of its vicarious agents or employees issue such warranty or pledge.

(8)   This rule shall not affect liability in accordance with product liability law.

(9)   Insofar as CMA’s liability for damages caused by acts of slight negligence, which is not based on injury to life, limb and health, is not excluded, such claims shall expire by limitation after one year, starting with the close of the year in which the claim was incurred and the Customer obtained knowledge of the circumstances underlying the claim as well as the culprit, or should have obtained such knowledge if not being grossly negligent.

(11) In all other cases, the liability of the Parties shall be based on the legal provisions.

Section 12 Confidentiality

 (1)“Confidential information” are:

​a)     All information, specifications, file memos, analyses, compilations, studies, documents, know-how, files, codes, prototypes, or other documents of any kind (regardless of them being transferred verbally, in writing, electronically or any other manner),

​b)     including information protected by industrial and/or other property rights (e.g. draft documentation for software), and

​c) all (written or other) file memos, analyses, compilations, studies, documents, files, codes, prototypes or other documents containing such information that were, or are still going to be, prepared by the Parties. Information that the disclosing Party has imparted, transferred, disclosed, made available, or otherwise announced to the receiving Party and/or its employees or is going to do so in the future.

(2)   Confidential information does not refer to any information of which the receiving Party can prove the following:

​a)     It was already public knowledge at the time it was disclosed, or became public knowledge thereafter without such present or future public knowledge being the result of a violation of legal provisions, this Agreement, or any other agreement concluded between the Parties.

​b)     It was already public knowledge on the date of conclusion of this Agreement without such present or future public knowledge being the result of a violation of legal provisions, an agreement concluded between the Parties, or a provision of this Agreement, or

​c)     it is disclosed to the receiving Party by a third party after the Agreement has been concluded, or is otherwise imparted without such disclosure or announcement by the third party violating the legal provisions, this Agreement, or any other agreement concluded between the Parties, and was not obtained through conduct that does not meet the principle of trust and belief in consideration of honorable customs in the market.

(3)   Confidential information also comprises all other information that are not generally known to the receiving party, neither as a whole nor in the exact order and composition of its parts, or which would be easily accessible to the receiving Party, and would therefore be of economic value for the disclosing party, and which the receiving Party does not regularly obtain, use or disclose.

 (4)   The Parties shall mutually undertake to maintain confidentiality about all information received from each other, i.e. (i) not to use such information for any other purposes but those stated in Section 1 of this General Terms and Conditions of Use, particularly not for competitive purposes, and (ii) not directly or indirectly make such information available to third parties, in any form whatsoever, in whole or part thereof, unless the disclosing Party has given prior written consent to the transfer or disclosure of such information on a caseby- case basis. However, CMA may use the confidential information internally for further developing its other products and services.

(5)   In any case, the receiving Party shall store and use the information received so that it is not, and will not be made, accessible to third parties, even without active intervention. Third parties include companies affiliated with the Parties. However, each Party may report on the fact of their business relationship and also the scope of services published by CMA and service contents of the software, including in their external communications. However, this shall not include, in particular, the disclosure of technical and financial details of the contractually agreed cooperation. The disclosure of such or similar details shall require prior consent in text form from the respective other Party on a case-by-case basis. 

(6)   The Parties may only provide confidential information to employees and vicarious agents who have been engaged with the provision of the contractually agreed services, and only to the extent required for fulfilling their professional tasks within the scope of the provision of the contractually agreed services, as long as such employees have also been obliged to maintain confidentiality. The Parties shall apply the same care and diligence to their nondisclosure as they would apply to their own similar matters.

(7)   The Parties shall agree that the receiving Party shall not obtain confidential information by observing, inspecting, reverse engineering, decompiling or testing an item (including as machine code) which has been made publically available to the receiving Party, or has been provided by the disclosing Party, or becomes the property of the receiving Party after the date of conclusion of the Agreement, and constitutes a violation of the above provisions on confidentiality.

(8)   Each party shall, upon request of the disclosing Party, undertake to immediately return or delete all confidential information provided and/or disclosed by the disclosing Party once this Agreement has expired, taking into consideration the statutory retention periods, in a manner that conforms with data protection law and at the discretion of the disclosing Party.

(9)   The respective receiving Party shall not use or exploit the confidential information in any manner (even if it is not subject to any statutory property right; particularly not for the registration of patents or utility patterns), unless otherwise stated in any of the provisions of this Agreement.

(10) The above non-disclosure obligations shall apply for the entire term of this Agreement and for another three (3) years thereafter (for whatever legal reason). 

(11) The Customer shall accept and confirm that any violation of its obligations stated in Section 13 (Confidentiality) will, or could, result in irreparable damage for CMA. The Customer therefore shall accept that CMA shall have the right to adequately protect its interests and also to financial compensation in such case, in addition to its further-reaching rights within the scope of this Agreement.

Section 13 Telemetry, data protection

By using the CMA Software, the Customer agrees for CMA to collect anonymized minimum data for analyzing the future use and for the prevention of piracy. This data may be transferred to a cloud server of a third-party provider for processing by CMA for internal use with the aim of improving the software and providing relevant user experience. The data is collected in compiled form without individually identifying any particular user. The IP address is exclusively used for determining the country of the location and will be deleted immediately thereafter so that no personal identity is being disclosed. The Customer may withdraw its consent to the collection of data at any time with future effect.

CMA operates an Information Security Management System aligned with ISO/IEC 27001:2022 for the cloud infrastructure and related services used to provide CMA Software and, where CMA acts as hosting provider or data processor, implements appropriate technical and organisational measures (including access control, encryption, backup and disaster recovery, vulnerability management and supplier oversight) to protect the confidentiality, integrity and availability of Customer data, in accordance with applicable data protection legislation and, where relevant, the applicable subscription or service agreement between CMA and the Customer.

Section 14 Assignment, offsetting, and assumption of the Agreement

(1)            CMA may transfer or assign the Agreement concluded with the Customer, in whole or part thereof, or claims arising therefrom, to a third party without the Customer’s consent. The Customer shall not transfer or assign the Agreement concluded with CMA, or claims arising therefrom, to a third party without prior written consent from CMA; the latter may reject such consent at its sole discretion. Any assignment, forwarding, or transfer of the Agreement, or rights arising therefrom, by the Customer without prior written consent from CMA shall be void and result in the termination of the agreement. None of the provisions of these Terms and Conditions of Use shall be interpreted to the effect that they grant any natural person or legal entity who or that is not a Party to the Agreement any rights or authorizations. No natural person or legal entity may be a thirdparty beneficiary of these Terms and Conditions of Use.

(2)            The Customer may only offset its counterclaims against CMA’s receivables if they have been found to be legally binding by a court, or are ripe for adjudication, undisputed or acknowledged by CMA.

Section 15 Annexes

The following annexes form part of these General Terms and Conditions of Use: Annex 10.1: Product description, availability and maintenance of the usability of the CMA Software 

Section 16 Final provisions

(1)            This Agreement is governed by the laws of Belgium under exclusion of the conflict of laws of international private law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). 

(2)            The Customer shall not export CMA Software without the licenses and authorizations of the respective national authorities required in the recipient’s country.

(3)            The contract language is English. A version of these General Terms and Conditions of Use in another language is only for easier readability.

(4)            Should individual provisions of this license agreement be or become invalid, in whole or in part, the validity of the remaining provisions shall not be affected.

(5)            If any part of the Software is subject to any Open Source License Terms, as indicated by separate Open Source License Terms provided with the Software, the use and the license of that part of the Software will be subject to those Open Source License Terms. In the event of any contradiction or uncertainty between the license terms contained in this Agreement and the Open Source License Terms with respect to the portions of the Software governed by Open Source License Terms, the applicable Open Source License Terms will prevail.

(6)            Any amendments and addendums to the Agreement concluded with the Customer shall be placed in writing to become effective. This shall also apply to the waiver of the written form requirement. The Parties shall mutually agree that no verbal agreements have been entered into.

(7)            The Parties shall agree for the place of jurisdiction for any disputes arising from and/or in connection with this Agreement to be Belgium. As of: 2020-11 

Annex 10.1 Product description, availability and maintenance of the usability

1. Product description

As per CMA`s offer. 

2. Maintenance of usability

Please contact your CMA sales partner for all application-related questions if the sales partner has brokered the Agreement you have signed with us. Otherwise please contact CMA directly.

(1)            Errors must be reported by customer (pursuant to article 10 (2) of CMA’s general terms and conditions of use for CMA Software), stating the priority it considers to be given. If the error reaches a higher priority level, the customer will always inform CMA immediately in text form. In addition to determining the priority, the error message must contain a concrete and reproducible description of the error (if possible, using screenshots) as well as the date and time of the error detection. 

(2)            The reaction time is the period of time within which CMA must begin with the fault or fault rectification work. The period beings with the receipt of the error message by CMA within the agreed service times and runs exclusively during the agreed service times (as defined below in Clause 4). 

(3)            The following reaction times are agreed upon:

 

interference class – severity level	reaction time within service time (in hours)
1 Malfunction preventing operation (an operational disruption is present if the use of CMA Software is impossible or severely restricted).	48 hours
2 Malfunction obstructing operation (An operational disruption exists if the use of CMA Software is considerably restricted. An operational disruption is also present if several slight disruptions lead to considerable restriction of the use of CMA Software	72 hours
3 Slight malfunction (A slight malfunction exists if the use of CMA Software is possible with insignificant restrictions).	96 hours

(4)            The following service times based on actual local time of Belgium are agreed: From *Monday to *Friday from 09:00 to 17:00. The public holidays in Belgium, are excluded from this. 

As of: 2025-10.