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 Critical High Definition Any issue that directly affects the delivery of printing labels. Any issue that affects the operations of Licensee and no acceptable means of working around the problem exist. The issue is important due to the frequency of Licensee usage or data integrity, but does not have critical implications. Any other issue. Initial Response 1 hour 2 hours Follow-up Every 3 hours until resolution. Every 4 hours or next scheduled contact time until resolution.

Standard

12 hours

Next scheduled contact time set by Loftware and Licensee until resolution.

Defect Resolution Times Priority High Definition The issue is important due to the frequency of client usage or data integrity, but does not have critical implications. Any other issue. Expected Response Identification: 2 Business Days. Interim fix: 5 Business Days. Final Fix: Next Software release. Identification: 5 Business Days. Interim fix: 15 Business Days. Final Fix: Next Software release.

Standard

Copyright 2010 Loftware, Inc. All rights reserved. www.loftware.com July 2010

(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 Critical High Definition Any issue that directly affects the delivery of printing labels. Initial Response 1 hour Follow-up Every 3 hours until resolution. Every 4 hours or next scheduled contact time until resolution. Next scheduled contact time set by Loftware and Licensee until resolution.

Standard

Any issue that affects the operations of Licensee and no accept- 2 hours able means of working around the problem exist. The issue is important due to the frequency of Licensee usage or data integrity, but does not have critical implications. Any other issue. 12 hours

Defect Resolution Times Priority High Definition The issue is important due to the frequency of client usage or data integrity, but does not have critical implications. Any other issue. Expected Response Identification: 2 Business Days. Interim fix: 5 Business Days. Final Fix: Next Software release. Identification: 5 Business Days. Interim fix: 15 Business Days. Final Fix: Next Software release.

Standard

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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 Critical High Definition Any issue that directly affects the delivery of printing labels. Initial Response 1 hour Follow-up Every 3 hours until resolution. Every 4 hours or next scheduled contact time until resolution. Next scheduled contact time set by Loftware and Licensee until resolution.

Standard

Any issue that affects the operations of Licensee and no accept- 1 hours able means of working around the problem exist. The issue is important due to the frequency of Licensee usage or data integrity, but does not have critical implications. Any other issue. 2 hours

Defect Resolution Times Priority High Definition The issue is important due to the frequency of client usage or data integrity, but does not have critical implications. Any other issue. Expected Response Identification: 2 Business Days. Interim fix: 5 Business Days. Final Fix: Next Software release. Identification: 5 Business Days. Interim fix: 15 Business Days. Final Fix: Next Software release.

Standard

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 9.0, Loftware will support only versions 8.1 through 9.0) 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, NON-INFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, FOR THE SOFTWARE SUPPORT SERVICES AND

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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. 2010 7-27

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