Technical Support

Brekeke Software, Inc. DEVELOPERS TECHNICAL SUPPORT CONTRACT This Developers Technical Support Contract ("DEV-TSC") is for BREKEKE’s development software, both in source code and object code versions ("DEVELOPMENT SOFTWARE"), documentation, and other materials ("collectively, "MATERIALS") that will either be sent to you in the mail or will be available for download to developers on the BREKEKE website. The DEV-TSC becomes effective on the date you click "I Agree" to the terms and conditions of this DEV-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. Development Software Support. BREKEKE will provide to you as an individual, or organization, technical support for the DEVELOPMENT SOFTWARE. BREKEKE will make commercially reasonable efforts to resolve any problem associated with the DEVELOPMENT SOFTWARE as specified in the SUMMARY. Technical support services shall be limited to the provision of: (i) services by BREKEKE for problems in running programs which are written with the DEVELOPMENT SOFTWARE and (ii) advice for writing programs using the DEVELOPMENT SOFTWARE. Brekeke shall not provide technical support for (1) Testing/writing end user programs or (2) Teaching programming in general, or how to use programming applications or compilers. b. Methods of Support. All technical support will be provided to you remotely via Email or as otherwise appropriate as specified in the SUMMARY. 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 DEVELOPMENT SOFTWARE/MATERIALS or any portion of the DEVELOPMENT SOFTWARE/MATERIALS incorporated with or into other hardware or software, (ii) problems caused by your negligence, abuse or misapplication, use of DEVELOPMENT SOFTWARE/MATERIALS other than as specified in the documentation or other causes beyond the control of BREKEKE, or (iii) DEVELOPMENT SOFTWARE/MATERIALS 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 DEV-TSC, DEVELOPMENT SOFTWARE, AND/OR MATERIALS to any third-party. c. Provided Materials. Any supplemental software or media provided to you as part of this DEV-TSC shall be considered part of the DEVELOPMENT SOFTWARE and MATERIALS and shall be 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 DEV-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 DEV-TSC for any breach of this DEV-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 DEV-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 DEV-TSC does NOT provide you with the right to receive free product upgrades as new versions of BREKEKE software products that have been or will be released. 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 DEVELOPMENT SOFTWARE, 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 DEVELOPMENT SOFTWARE 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 DEV-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 BREKEKE TECHNICAL SUPPORT. BY PURCHASING BREKEKE TECHNICAL SUPPORT CONTRACT, 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.