this agreement is between mss technologies, inc. (“distributor”) and exabyte corporation having its principal place of business at 2108 55 street boulder, co 80303. the terms of this agreement shall apply to the software (defined below), and all maintenance provided by mss to customer. software programs or modifications to the licensed products developed by mss for customer including source (if any) and object code for such developed software and any related documentation. customer shall own all right, title and interest in and to any derived software except mss shall retain sole ownership of such portions of the derived software that contain part or all of the software. mss agrees that customer may allow its customers, vendors or other entities in a similar relationship to customer to access the licensed products and use the same for the purpose of conducting inquiries and other limited activities so long as customer can demonstrate the following:       (iv) the provision of the j.d. customer may request and mss will provide maintenance for the licensed products licensed by customer under article ii of this agreement to the same extent and degree that mss makes such maintenance generally available to its customers. the software protection procedures contained in the licensed products will only limit access to the software and will not destroy any of customer’s programs or data. (iii) mss shall have no responsibility for problems in the licensed products included under (i) and (ii) above which are caused by alterations or modifications made by customer or a third party, arising out of the malfunction of customer’s equipment, or caused by other software products not licensed by mss.