REPORTMILL SOFTWARE, INC.

Incident Technical Support Services Agreement

Terms and Conditions

In consideration of the incident support fee:

ReportMill, Software, Inc., ("ReportMill") agrees to provide Incident Support, in accordance with the following terms and conditions.

1. Term. Incident Support provided under this Agreement will begin on the date of purchase of the Incident Support. Support will be provided for twenty (20) incidents¹. Incident Support shall terminate twelve months after it commences. Any unused Support shall automatically terminate at the end of the twelve month period.

2. Support Provided. Incident Support will consist of technical advisory support (telephone and/or email help and advice) for individuals for use of the ReportMill Software covered by the Incident Support.

3. Support Excluded. Coverage under this Agreement does not include:

• Support needed as a result of the installation and use of third-party software

• Use of the covered software in a manner not intended or approved by ReportMill

• Services required due to causes external to the ReportMill -covered software, including third-party hardware and software

• Software media and documentation updates

• Support for questions in areas other than specified in this Agreement

4. ReportMill Responsibilities. Under the terms of this Agreement ReportMill will:

• Provide telephone support eight (8) hours a day, five (5) days per week, excluding national holidays

• Provide information on product features and answers to usage and installation questions, including the interrelationships between supported products.

• Provide assistance with storing, retrieving, and managing files; creating and editing text and data files; interpreting system error messages

5. Incident Support Case Closure. A support incident is defined as a question relating to a specific, discrete problem that can be answered by isolating its origin to a single cause. An incident has reached resolution when you receive the following:

• Information that resolves a software problem.

• Information on how to obtain a patch(es) that will resolve a software problem.

• Notice that a software problem is caused by a known, unresolved bug in the software.

• Notice that a problem is caused by non-ReportMill provided software.

• Notice that a problem has been identified as a hardware problem.

6. Customer’s Responsibilities. As an Incident Support customer, you must take reasonable steps to ensure security in your contact with ReportMill. ReportMill reserves the right to refuse service if it reasonably suspects fraud. The customer will ensure that proper licenses have been obtained for all products supported under the terms of this Agreement and will adhere to all licensing terms and conditions.

7. Limitation of Liability. ReportMill’s liability for any cause whatsoever shall be limited to the purchase price paid for this Support. This limitation will apply regardless of the form of action, whether in contract or tort, including without limitation, negligence. In no event will ReportMill be liable for any damages resulting from loss of data or use, lost profits, or any incidental or consequential damages. Some jurisdictions do not allow the exclusion or limitation of incidental, special, or consequential damages, so the above limitation or exclusion may not apply to you.

8. Termination. ReportMill may terminate the Incident Support at its own option with thirty (30) days written notice to the holder of the Incident Support, providing the lesser of a pro rata refund for the unexpired term (months) of the Agreement, or the number of unused incidents.

9. General. ReportMill may subcontract performance of its obligations under Incident Support to third parties, but shall not be relieved of its responsibilities under this Agreement if it does so.

The terms and conditions of this Incident Support shall prevail over any conflicting, additional, or other terms of any purchase order or other document you submit. Apple is not obligated to renew this Incident Support. If a renewal is offered, the price and terms quoted may not be identical to those herein.

This Agreement is governed by the laws of the State of Texas. The obligor for this Agreement is ReportMill Software, Inc.

Footnotes

1 An incident is defined as a question relating to a specific, discrete issue that can be answered by isolating its origin to a single cause. While our goal is to resolve issues on the first call, we will continue to work with each issue through resolution. Some incidents may require multiple phone calls or email exchanges to reach resolution.