Quotation – Kobiton (Mobile Labs)

Below is a quote for a 12-month subscription for Kobiton Scriptless. It is for Eight (8) devices.

Please note that the prices and discounts within this quote are valid until April 19, 2021, and are subject to applicable taxes.

Other Terms:

This quote is valid until 5pm Eastern Time on April 19, 2020

Payment Terms are Net 30 from the date Checkpoint Technologies receives a purchase order or official paperwork from Raymond James

Confidentiality (standard clauses or a signed Mutual NDA)

Warranties

Limited Product Warranty and Remedies. In connection with the rights granted hereunder, Checkpoint Technologies, Inc. warrants that the Products delivered by Checkpoint Technologies, Inc. to Client will substantially perform in all material respects in accordance with the Documentation (the “Product Warranty”) for the thirty (30) day period following the Delivery Date (“Product Warranty Period”). If deviations from the requirements set forth in the Product Warranty occur within the Product Warranty Period, the Product is considered non-conforming and, upon written notice to Checkpoint Technologies, Inc. within the Product Warranty Period, Checkpoint Technologies, Inc. will, without additional compensation, either (i) use its reasonable efforts to repair, at its facilities, the Product; or (ii) replace the Product, in each case to correct the nonconformity. If, in Checkpoint Technologies’ discretion, Checkpoint Technologies, Inc. is unable to correct the nonconformity within a reasonable period, or if neither option (i) nor (ii) is commercially feasible, Client and refund the pro rata portion of any paid but unused fees. The Product Warranty Period is not extended in any way by any Enhancement or Update, by placing more units under the Subscription, or by any delivery of additional Products and replacement or repair of the Product does not extend the Limited Warranty Period. For clarity, newly subscribed for units receive the Product Warranty from their Delivery Date, but for new units does not extend the Product Warranty Period for previously subscribed for units. The Product Warranty does not cover any Products: (i) that have not been used in accordance with the Agreement and the Documentation; (ii) that have been altered in any way by Client or any third party not under the control of Checkpoint Technologies, Inc., or their employees or agents; (iii) that is used in an operating environment other than as specified in the Documentation; (iv) where such nonconformity in the Products are due to abuse, neglect, or other improper use by Client; or (v) where reported errors or nonconformities cannot be reproduced by Checkpoint Technologies, Inc., working, in good faith, with Client’s assistance.

Limited Professional Services Warranty and Remedies. Checkpoint Technologies, Inc. warrants to Client that, solely with respect to Professional Services, for a period of thirty (30) days following the completion of such Professional Services (the “Services Warranty Period”), (i) any Professional Services provided will be consistent with generally accepted industry standards for the performance of services of a similar nature and (ii) any Professional Services provided and any Deliverables resulting there from will substantially conform, in all material respects, to such specifications as are agreed to by the Parties in an SOW or Order (the “Services Warranty”). If deviations from the requirements set forth in the Services Warranty occur within the Services Warranty Period, the Professional Services are considered non-conforming and, upon written notice to Checkpoint Technologies, Inc. within the Services Warranty Period, Checkpoint Technologies, Inc. will, without additional compensation, either (1) use its reasonable efforts to repair the nonconformities; or (2) re-perform the Professional Services to eliminate the nonconformities. If, in Checkpoint Technologies’ discretion, Checkpoint Technologies, Inc. is unable to correct the nonconformities within a reasonable period, or if neither option (1) nor (2) is commercially feasible, Checkpoint Technologies, Inc. shall refund to User any fees paid for the nonconforming Professional Services. Replacement or repair of the Professional Services during the Services Warranty Period does not extend the Services Warranty Period. The Services Warranty does not cover any Professional Services or Deliverables: (a) that have not been used in accordance with this Agreement and any specifications related to the Professional Services or Deliverables; (b) that have been altered in any way by Client or any third party, or their employees or agents; (c) that are used in an operating environment other than as specified in the Documentation; (d) where the nonconformities are due to abuse, neglect, or other improper use by Client; or (e) where reported errors or nonconformities cannot be reproduced by Checkpoint Technologies, Inc. working in good faith, with Client’s assistance.

Limitation of Liability

“Neither party to this Agreement shall be liable for any indirect, incidental, special or consequential damages (including but not limited to such damages arising from breach of contract or warranty or from negligence or strict liability), including loss of profits, revenue, data or use or for interrupted communications, incurred by either party to this Agreement in connection with this Agreement, even if the other party or any other person has been advised of the possibility of such damages. If the Products are sold as a Subscription, in no event will Checkpoint Technologies, Inc. be liable for aggregate damages of any kind in excess of the net amounts paid by Client to Checkpoint Technologies, Inc. pursuant to this Agreement hereunder in the twelve-month period immediately preceding the event giving rise to liability. If the Products are sold as a Software License, in no event will Checkpoint Technologies, Inc. be liable for aggregate damages of any kind in excess of the amounts for the Product License paid by Client to Checkpoint Technologies, Inc. pursuant to this Agreement.”

Third Party Beneficiary Rights

“Client acknowledges that the provisions contained in this Agreement are intended to inure to the benefit of Mobile Labs, LLC. (“Mobile Labs”) as a third party beneficiary of this Agreement. Mobile Labs may, in its own right, enforce these provisions. Client further acknowledges that Mobile Labs accepts its third party beneficiary rights hereunder, or that Checkpoint Technologies, Inc. herewith accepts the third party beneficiary rights on behalf of Mobile Labs and such rights will be deemed irrevocable.”

Supplier Client

Checkpoint Technologies, Inc. Raymond James & Associates, Inc.

By: By:

Its: Its:

Date: Date:

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