1 INCIDENT TECHNICAL SUPPORT PACK

TECHNICAL SUPPORT SERVICES / TERMS AND CONDITIONS

INTRODUCTION

These terms and conditions apply to the technical support service product you have purchased from Livermore Software Laboratories, Intl. ("LSLI").

SUPPORT

This Agreement entitles you to obtain technical support ("Support") from LSLI. Support means answers to questions, guidance, and other assistance as determined by LSLI. Support excludes configuration of hardware, software, and networking services; consulting services; general solution provider related services; and general computer system maintenance. You will be responsible for performing operations on your computer system, and LSLI shall have no responsibility to perform operations on your computer system.

You agree to provide to LSLI all information reasonably requested by LSLI to enable LSLI to provide Support. Such information may include, but not be limited to, the type of hardware you are using, a description of the problem for which you seek Support, and additional software you are using that falls outside the Subject Matter Scope of Coverage. You understand and agree that the completeness and accuracy of the information you provide to LSLI pursuant to this Section may affect LSLI's ability to provide Support.

SUBJECT MATTER SCOPE OF COVERAGE

LSLI will provide Support for the current release of the official version of its T.Rex firewall software product. LSLI will provide no Support for software that is not included as part of its official T.Rex firewall product.

You understand and agree that LSLI's trex software may not function with certain hardware systems and components. Such hardware is unsupported hardware. LSLI shall have no obligation to provide Support for any system that is or that includes unsupported hardware. LSLI maintains a list of supported hardware at http://www.lsli.com/trex/hardware, which may be amended by LSLI in its discretion from time to time. Any and all hardware not on the list of supported hardware is unsupported hardware.

AVAILABILITY OF COVERAGE

You are entitled to seek Support 9am to 6pm U.S. Central time, Monday thru Friday, throughout the term of this Agreement.

WHO MAY SEEK SUPPORT

You or anyone you designate may seek Support. You are responsible for all persons who seek Support pursuant to the Certificate. LSLI shall have no responsibility for any unauthorized use of Support pursuant to the Certificate.

RESPONSE TIMES

LSLI shall respond to requests for Support according to the following schedule:

Priority 1:

Failure of a mission critical service or serious security breach
Response: within 4 hours

Priority 2:

Failure of a non-mission critical service, minor security breach
Response: within 8 hours

Priority 3:

All requests for Support that are not Priority 1 or Priority 2
Response: within 12 hours

You agree to cooperate in good faith with LSLI in classifying requests for Support according to the preceding schedule.

A response to a request for Support may consist of receipt of and acknowledgement by LSLI of your request for Support, and may not include answers to your request for Support. You acknowledge and understand that no software is perfect or error free, and that despite its commercially reasonable efforts, LSLI may be unable to provide answers to or resolve some or all requests for Support. LSLI makes no promises, guarantees or assurances of any kind that it will be able to provide the Support you seek.

TERM AND TERMINATION

This Agreement shall begin on the Commencement Date and shall terminate 365 (three hundred sixty five) days after the Commencement Date, regardless of whether the incident is used or not used. LSLI may terminate this Agreement in the event that you commit a material breach of this Agreement and fail to remedy that breach within 15 days of receipt of notice of material breach, or as otherwise provided in this Agreement.

INCIDENTS

This Agreement entitles you to seek Support for up to one (1) Incident. An Incident is a problem that cannot be broken down into subordinate problems. You agree to cooperate with LSLI in classifying your requests for Support as Incidents, and you agree that LSLI retains the discretion to determine what constitutes an Incident.

You understand and agree that no software is perfect or bug-free, and that despite LSLI's commercially reasonable efforts, LSLI may be unable to resolve Incidents or otherwise provide the Support you seek. In the event that LSLI is unable to resolve an Incident, that Incident shall not be charged against the number of Incidents available to you with the Certificate.

PAYMENT

Any and all payments made by you pursuant to this Agreement shall be non-refundable. There shall be no refunds or credits for any unused Incidents or other unused services upon the termination of this Agreement for any reason or at any other time. In the event that you fail to make payment to LSLI pursuant to this Agreement, LSLI's obligations to provide Support shall be suspended until LSLI receives full payment from you for all fees, including late fees and interest, due to LSLI.

NO TRANSFER

Any re-use, transfer, assignment or distribution of the Certificate without the prior written permission of LSLI is prohibited and shall render the Certificate null and void. Any attempt to transfer, assign or re-use the Certificate in violation of this section shall be a violation of this Agreement and shall immediately terminate this Agreement and all your rights under it.

NO WARRANTY

THE SUPPORT, OTHER SERVICES, INFORMATION, AND SOFTWARE PROVIDED TO YOU BY LSLI ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION ON LIABILITY

NEITHER YOU NOR LSLI SHALL BE IN BREACH OF THIS AGREEMENT DUE TO ANY FAILURE OF PERFORMANCE THAT ARISES OUT OF CAUSES BEYOND ITS REASONABLE CONTROL. LSLI'S LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES WHICH ARE PROVEN IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY YOU PURSUANT TO THIS AGREEMENT, OR $1,000, WHICHEVER IS LESS. LSLI SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST DATA IN CONNECTION WITH THIS AGREEMENT, EVEN IF LSLI HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LSLI WILL NOT BE LIABLE TO YOU ON ACCOUNT OF ERRORS, OMISSIONS, DELAYS OR LOSSES UNLESS CAUSED BY ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

GENERAL

This Agreement shall be governed by and shall be construed in accordance with the laws of the Texas, U.S.A., regardless of its choice of law provisions. Any dispute arising out of this Agreement shall be adjudicated solely in the applicable federal or state courts
within the State of Texas. The parties each agree that they are subject to the personal jurisdiction of the state and federal courts within the State of Texas, and each waives the right to challenge the personal jurisdiction of those courts over it.

This Agreement, including all Schedules, constitutes the entire understanding of the parties. This Agreement supersedes and terminates all prior representations, warranties and agreements, written or oral, regarding the subject matter of this Agreement. Any modification to this Agreement must be in a writing signed by both parties.

If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

Failure or delay on the part of any party to exercise any right, remedy, power or privilege hereunder will not operate as a waiver. Any waiver must be in writing and signed by the party granting such waiver in order to be effective.