Copyright2011 Loftware, Inc. All rights reserved.

www.loftware.com
September 2011
Loftware Software Support Services Agreement
This LOFTWARE SOFTWARE SUPPORT SERVICES AGREEMENT (Agreement ) sets forth the terms and conditions pursuant to which
Loftware, Inc. (Loftware) will provide you (Licensee) with the Software Support Services described below for the software product(s)
described on the attached or related Invoice (the Loftware Software). This Agreement shall be binding upon and inure to the benefit of
Loftwares and Licensees respective successors and permitted assigns.
(1) Support Services . For a period of one (1) year, commencing on the date of the attached or related invoice, Loftware will provide Licensee with
Enhancements and Upgrades to the Loftware Software and telephone and email based technical support for the Loftware Software (collectively, the
Software Support Services) as follows:
(a) Enhancements and Upgrades . Loftware will provide Enhancements and Upgrades to the Loftware Software via Loftwares Internet
home page. All such Enhancements and Upgrades shall be subject to and governed by the terms and conditions of the Loftware End-User
License Agreement or Enterprise License and Support Agreement (as applicable), by and between Loftware and Licensee (the License
Agreement). If requested by Licensee, Loftware will provide Licensee with email notification of any new Enhancements and Upgrades.
(b) Technical Support. Loftware will provide technical support to assist Licensee in the resolution of problems encountered by Licensee in
the normal operation of the Loftware Software.
(i) Standard Software Support Services. If Licensee has purchased Standard Software Support Services, this technical support
shall be provided via telephone or electronic mail on Business Days, between the hours of 6:00 AM and 10:00 PM U.S. Eastern Time.
Loftware will use the resources within its reasonable control to provide these services and to verify, diagnose, and correct any
errors or defects or produce work arounds in the Loftware Software in accordance with the following support escalation
procedures and defect resolution times:
Support Escalation Procedures
Priority Definition Initial Response Follow-up
Critical Any issue that directly affects the delivery of printing labels. 1 hour Every 3 hours until resolution.
High
Any issue that affects the operations of Licensee and no
acceptable means of working around the problemexist.
The issue is important due to the frequency of Licensee
usage or data integrity, but does not have critical impli-
cations.
2 hours
Every 4 hours or next sched-
uled contact time until res-
olution.
Standard Any other issue. 12 hours
Next scheduled contact time
set by Loftware and Licensee
until resolution.
Defect Resolution Times
Priority Definition Expected Response
High
The issue is important due to the frequency of client usage or
data integrity, but does not have critical implications.
Identification: 2 Business Days.
Interimfix: 5 Business Days.
Final Fix: Next Software release.
Standard Any other issue.
Identification: 5 Business Days.
Interimfix: 15 Business Days.
Final Fix: Next Software release.
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(ii) Gold Software Support Services. If Licensee has purchased Gold Software Support Services, this technical support shall be
provided via telephone or electronic mail every day except on holidays observed by Loftware, twenty-four (24) hours per day.
Loftware will use the resources within its reasonable control to provide these services and to verify, diagnose, and correct any
errors or defects or produce work arounds in the Loftware Software in accordance with the following support escalation
procedures and defect resolution times:
Support Escalation Procedures
Priority Definition Initial Response Follow-up
Critical Any issue that directly affects the delivery of printing labels. 1 hour
Every 3 hours until res-
olution.
High
Any issue that affects the operations of Licensee and no accept-
able means of working around the problemexist. The issue is
important due to the frequency of Licensee usage or data integ-
rity, but does not have critical implications.
2 hours
Every 4 hours or next
scheduled contact time
until resolution.
Standard Any other issue. 12 hours
Next scheduled contact
time set by Loftware and
Licensee until resolution.
Defect Resolution Times
Priority Definition Expected Response
High
The issue is important due to the frequency of client usage or
data integrity, but does not have critical implications.
Identification: 2 Business Days.
Interimfix: 5 Business Days.
Final Fix: Next Software release.
Standard Any other issue.
Identification: 5 Business Days.
Interimfix: 15 Business Days.
Final Fix: Next Software release.
Loftware Loftware Support Services Agreement
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(iii) Platinum Software Support Services. If Licensee has purchased Platinum Software Support Services, this technical support
shall be provided via telephone or electronic mail twenty-four (24) hours per day, three hundred sixty-five (365) days per year.
Loftware will use the resources within its reasonable control to provide these services and to verify, diagnose, and correct any
errors or defects or produce work arounds in the Loftware Software in accordance with the following support escalation
procedures and defect resolution times:
Support Escalation Procedures
Priority Definition Initial Response Follow-up
Critical Any issue that directly affects the delivery of printing labels. 1 hour
Every 3 hours until res-
olution.
High
Any issue that affects the operations of Licensee and no accept-
able means of working around the problemexist. The issue is
important due to the frequency of Licensee usage or data integ-
rity, but does not have critical implications.
1 hours
Every 4 hours or next
scheduled contact time
until resolution.
Standard Any other issue. 2 hours
Next scheduled contact
time set by Loftware
and Licensee until res-
olution.
Defect Resolution Times
Priority Definition Expected Response
High
The issue is important due to the frequency of client usage or
data integrity, but does not have critical implications.
Identification: 2 Business Days.
Interimfix: 5 Business Days.
Final Fix: Next Software release.
Standard Any other issue.
Identification: 5 Business Days.
Interimfix: 15 Business Days.
Final Fix: Next Software release.
Platinum Software Support Services also include (i) two (2) Webex personnel training sessions per contract year, (ii) two (2) Webex
label design sessions per contract year, and (iii) support to generate temporary keys.
(c) Limitations on Software Support Services; Definitions. Loftware supports up to one (1) back-level major release of the Loftware Software
(for example, upon the release of version 10.0, Loftware will support only versions 9.1 through 10.0) or up to two (2) years from the actual
release date, whichever is earlier. Loftware shall provide appropriate levels (both in quantity and experience) of staff to support Licensee in
answering technical questions, identifying and resolving errors in the Loftware Software, and providing temporary solutions to Loftware
Software errors that are not immediately resolvable. As used herein, the term Enhancements and Upgrades means any correction,
modification, revision, addition or supplement to the Loftware Software that improves the manner in which the Loftware Software performs
existing functions. Enhancements and Upgrades do not include any new product releases that offer new functionalities. As used herein, the
term Business Days means every calendar day except all Saturdays, Sundays and holidays observed by Loftware.
(2) On- Going Software Support Services and Other Services . Licensee may elect to purchase Software Support Services beyond the initial one (1)
year period described in Section 1 above by (i) submitting to Loftware a purchase order for a new Software Support Services Agreement or
otherwise communicating to Loftware its intention to purchase a new Software Support Services Agreement and (ii) paying to Loftware the
applicable annual software support fee related to a Software Support Services Agreement. On- site consulting services, training services and other
services not specifically described above are available pursuant to a separate written Professional Services Agreement and related Statement(s) of
Work and payment of related fees.
(3) Warranty Disclaimer and Limitation on Liability. Loftware will use commercially reasonable efforts to deliver the Software Support Services in a
competent, professional and workmanlike manner, provided, however, that Licensee understands and agrees that LOFTWARE DISCLAIMS ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
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NON-INFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, FOR THE SOFTWARE SUPPORT SERVICES AND
ANY MATERIALS OR OTHER DELIVERABLES PROVIDED INCIDENTAL TO THE SOFTWARE SUPPORT SERVICES. LICENSEE
FURTHER UNDERSTANDS AND AGREES THAT LOFTWARES AGGREGATE LIABILITY FOR ANY DAMAGES SUFFERED BY
LICENSEE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE SUPPORT SERVICES, UNDER ANY
THEORY OR BASIS, SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID TO LOFTWARE BY LICENSEE FOR THE SOFTWARE
SUPPORT SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT CAUSED SUCH DAMAGE. IN NO
EVENT SHALL LOFTWARE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES
OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTIONS, LOSS OF BUSINESS DATA, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF LOFTWARES PROVISION
OF THE SOFTWARE SUPPORT SERVICES AND/OR LICENSEES USE THEREOF, EVEN IF LOFTWARE HAS BEEN ADVISED OF, OR
OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL
THEORY OR BASIS FOR SUCH CLAIM.
Licensee further understands and agrees that the Software Support Services are offered solely by Loftware and not by the suppliers of any Third
Party Software (as defined in the License Agreement) which may be included in the Loftware Software licensed by Licensee. ALL SUCH THIRD
PARTY SOFTWARE SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR
PURPOSE, FOR THE LOFTWARE SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY ENHANCEMENTS AND UPGRADES TO
THE LOFTWARE SOFTWARE) AND THE SOFTWARE SUPPORT SERVICES. IN NO EVENT SHALL ANY THIRD PARTY SOFTWARE
SUPPLIER BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE,
INCIDENTAL OR OTHERWISE, ARISING OUT OF OR RELATED TO THE LOFTWARE SOFTWARE, SOFTWARE SUPPORT
SERVICES, THE LICENSE AGREEMENT OR THIS AGREEMENT, EVEN IF SUCH THIRD PARTY SOFTWARE SUPPLIER HAS BEEN
ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF
THE LEGAL THEORY OR BASIS FOR SUCH CLAIM.
(4) Miscellaneous . This Agreement is governed by the laws of the State of New Hampshire, without regard to its conflicts of laws principles. No
provision of this Agreement shall be waived, amended or supplemented except by a written agreement signed by the parties hereto. This Agreement
sets forth the entire understanding and agreement between the parties with respect to the subject matter set forth herein, and supersedes any prior or
contemporaneous discussions, understandings, orders, requests or statements regarding such subject matter, other than the pricing and payment
terms contained on the attached or related invoice. Licensee shall not assign or transfer this Agreement or any of its rights or obligations hereunder
without the prior written consent of Loftware. In the event of a dispute between Loftware and Licensee where the parties are unable to reach a
mutually agreeable resolution, the dispute shall be submitted to binding arbitration under the expedited commercial arbitration rules of the American
Arbitration Association (AAA) then in effect; provided, however, that Loftware shall be entitled to avail itself of injunctive and other equitable
rights and remedies in a court of competent jurisdiction in order to protect its rights and interests. Arbitrations shall take place in Portsmouth, New
Hampshire. There shall be one (1) arbitrator mutually agreed to by both parties (or, if the parties are unable to agree on a single arbitrator, the
arbitrator shall be chosen in accordance with the rules of the AAA); such arbitrator shall have experience in the area of software technology.
Payment of the expenses of arbitration, including attorneys fees and the fee of the arbitrator, shall be assessed by the arbitrator based on the extent
to which each party prevails.
V. 2011 9-22