Technical Support

Brekeke Software, Inc. TECHNICAL SUPPORT CONTRACT (TSC) This Technical Support Contract ("TSC") is for BREKEKE products ("SOFTWARE PRODUCT") listed on the BREKEKE website at www.brekeke.com. The TSC becomes effective on the date you click "I Agree" to the terms and conditions of this TSC and purchase technical support ("EFFECTIVE DATE"). BREKEKE will not provide technical support to you if you have not entered into a separate license agreement or end user license agreement (together, "LICENSE AGREEMENT") with BREKEKE or are in violation of the terms and conditions of such LICENSE AGREEMENTS. A summary of technical support provided to you ("SUMMARY") is listed on the BREKEKE website at https://www.brekeke.com/support/menu.php 1. TECHNICAL SUPPORT. a. Software Support. BREKEKE will provide to you as an individual, or organization, technical support for the SOFTWARE PRODUCT. BREKEKE will make commercially reasonable efforts to resolve any problem associated with the SOFTWARE PRODUCT in a timely manner. Technical support services shall be limited to the provision of: (i) services by BREKEKE for the setting-up and configuration of SOFTWARE PRODUCTS and (ii) advice as to the SIP software and hardware that you may use with the SOFTWARE PRODUCTS, which include, but are not limited to, SIP softphones, SIP hardphones, and SIP Gateways. b. Methods of Support. All technical support will be provided to you remotely via Email. Support may be provided by telephone or instant messenger when BREKEKE determines in its sole discretion that it is necessary. It is your responsibility to provide BREKEKE with the necessary information that will enable BREKEKE to remotely access your environment; BREKEKE will not create or assist in the creation of your remote access environment. 2. PAYMENTS In consideration of BREKEKE providing technical support services, you agree to pay BREKEKE an hourly support fee or an annual support fee as described below. BREKEKE will not provide any technical support until after it confirms the receipt of the HOURLY SUPPORT FEE or ANNUAL SUPPORT FEE. a. Hourly Support Fee. As of the EFFECTIVE DATE, you agree to purchase technical support at the current hourly rate listed in the SUMMARY on the BREKEKE website ("HOURLY SUPPORT FEE"). Any and all portions of the HOURLY SUPPORT FEE paid under this section are non-refundable under all circumstances. b. Annual Support Fee. As of the EFFECTIVE DATE, you agree to pay an annual support fee at the current price listed in the Summary on the BREKEKE website ("ANNUAL SUPPORT FEE"). Any technical support that exceeds the number of hours contained in the ANNUAL SUPPORT FEE will be provided to you on an HOURLY SUPPORT FEE basis. Any and all portions of the ANNUAL SUPPORT FEE or HOURLY SUPPORT FEE paid under this section are non-refundable under all circumstances. c. Calculation of Time. The amount of time expended by BREKEKE in providing technical support shall be calculated in five (5) minute increments. For example, if BREKEKE spends 32 minutes in providing you with technical support, it will count as 35 minutes. 3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. a. Limitation of Support. BREKEKE shall have no obligation to support: (i) altered, damaged or modified SOFTWARE PRODUCTS or any portion of a SOFTWARE PRODUCT incorporated with or into other hardware or software, (ii) a SOFTWARE PRODUCT that is not the current version listed on the BREKEKE website at www.brekeke.com, including future updates, or the previous sequential release, (ii) SOFTWARE PRODUCT problems caused by your negligence, abuse or misapplication, use of SOFTWARE PRODUCT other than as specified in the documentation or other causes beyond the control of BREKEKE, or (iii) a SOFTWARE PRODUCT installed on any computer hardware or operating system that is not supported by BREKEKE. b. Prohibition on Assignment. You are prohibited from selling, transferring, assigning, lending, leasing, or renting the TSC to any third-party. c. Provided Materials. Any supplemental software or media provided to you as part of this TSC shall be considered part of the SOFTWARE PRODUCT and subject to the conditions and terms of its LICENSE AGREEMENT. Technical information you provide to BREKEKE while receiving technical support may be used by BREKEKE for its business purposes, including product support and development. d. Term and Termination. Subject to your full payment of the HOURLY SUPPORT FEE and/or ANNUAL SUPPORT FEE, this TSC shall commence on the Effective Date and terminate on the earliest of the following dates: (i) on the date the number of hours contained in the HOURLY SUPPORT FEE or the ANNUAL SUPPORT FEE is depleted, (ii) one (1) year from the EFFECTIVE DATE unless earlier terminated in accordance with the terms of this Agreement, (iii) as of the date BREKEKE initiates termination of this TSC for any breach of this TSC, (iv) thirty (30) days after the date BREKEKE receives written notice of termination from you stating your intent to terminate for BREKEKE’s material breach of this TSC, provided that BREKEKE shall have thirty (30) days to cure such breach after receiving such notice, (v) upon termination of the LICENSE AGREEMENT for any reason. e. Upgrades. This technical support contract does NOT provide you with the right to receive free product upgrades as new versions of the SOFTWARE PRODUCT are released. f. Installation. The SOFTWARE PRODUCT may be remotely installed by BREKEKE as part of the TSC. You must provide information to BREKEKE regarding access (FTP, telnet, cgi-bin, login, etc.) for the installation to be done. BREKEKE may request the name and contact information of the site administrator in case questions arise. 4. CONTACTING BREKEKE SOFTWARE, INC. BREKEKE support staff may be contacted by E-mail. Please mention the product name and describe the problem in as much detail as possible with information on how to reach you and access the site. BREKEKE is not responsible for lost mail, phone messages, pages, or E-mail. It is your responsibility to follow up on any request if a response has not been received within a timely manner. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BREKEKE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BREKEKE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT OR INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT, EVEN IF BREKEKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BREKEKE'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS TSC SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE CURRENT TECHNICAL SUPPORT OR 3-HOURS’ WORTH OF TECHNICAL SUPPORT, WHICHEVER IS LESS.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING THE BREKEKE TECHNICAL SUPPORT CONTRACT (TSC). BY PURCHASING BREKEKE TECHNICAL SUPPORT, CUSTOMER SIGNIFIES HIS/HER ASSENT TO THIS AGREEMENT. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF CUSTOMER DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN HE/SHE MUST NOT PURCHASE BREKEKE TECHNICAL SUPPORT.