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Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software
package. These examples are considered software maintenance as a service.

2, Software Maintenance as a Service (SIN 132-34)

Software maintenance as a service creates, designs, implements, and/or integrates customized changes to
software that solve one or more problems and is not included with the price of the software. Software
maintenance as a service includes person-to-person communications regardless of the medium used to
communicate: telephone support, on-line technical support, customized support, and/or technical
expertise which are charged commercially. Software maintenance as a service is billed arrears in
accordance with 31 U.S.C. 3324.

b. Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the
completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT,
IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE.

5. PERIODS OF TERM LICENSES (SIN 132-32) AND MAINTENANCE (SIN 132-34)

a. The Contractor shall honor orders for periods for the duration of the contract period or a lesser period of time.

b. Term licenses may be discontinued by the ordering activity on thirty (30) calendar days written notice to the Contractor.
c. Annual Funding. When annually appropriated funds are cited on an order for term licenses, the period of the term

licenses shall automatically expire on September 30 of the contract period, or at the end of the contract period, whichever occurs _
first. Renewal of the term licenses orders citing the new appropriation shall be required, if the term licenses is to be continued
during any remainder of the contract period.

d. Cross-Year Funding Within Contract Period. Where an ordering activity’s specific appropriation authority provides for
funds in excess of a 12 month (fiscal year) period, the ordering activity may place an order under this schedule contract for a
period up to the expiration of the contract period, notwithstanding the intervening fiscal years.

e. Ordering activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of an order, if
the term licenses is to be terminated at that time. Orders for the continuation of term licenses will be required if the term licenses
and/or maintenance is to be continued during the subsequent period.

6. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE - NOT APPLICABLE. Emergency
Communications Network, LLC does not offer a Perpetual License.

a. The ordering activity may convert term licenses to perpetual licenses for any or all software at any time following
acceptance of software. At the request of the ordering activity the Contractor shall furnish, within ten (10) calendar days, for each
software product that is contemplated for conversion, the total amount of conversion credits which have accrued while the
software was on a term license and the date of the last update or enhancement.

b. Conversion credits which are provided shall, within the limits specified, continue to accrue from one contract period to
the next, provided the software remains on a term license within the ordering activity.

c. The term license for each software product shall be discontinued on the day immediately preceding the effective date of
conversion from a term license fo a perpetual license.

d. The price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was
initially ordered under a term license, or the perpetual license price prevailing at the time of conversion from a term license to a
perpetual license, whichever is the less, minus an amount equai to % of all term license payments during the period
that the software was under a term license within the ordering activity.

7. TERM LICENSE CESSATION NOT APPLICABLE. Emergency Communications Network, LLC does not offer a
Perpetual License.

a. After a software product has been on a continuous term license for a period of * months, a fully paid-up,
non-exclusive, perpetual license for the software product shall automatically accrue to the ordering activity. The period of
continuous term license for automatic accrual of a fully paid-up perpetual license does not have to be achieved during a particular
fiscal year; it is a written Contractor commitment which continues to be available for software that is initially ordered under this
contract, until a fully paid-up perpetual license accrues to the ordering activity. However, should the term license of the software

Page 10

be discontinued before the specified period of the continuous term license has been satisfied, the perpetual license accrual shall be
forfeited.

b. The Contractor agrees to provide updates and maintenance service for the software after a perpetual license has accrued,
at the prices and terms of Special Item Number 132-34, if the licensee elects to order such services. Title to the software shall
remain with the Contractor.

8. UTILIZATION LIMITATIONS - (SEN 132-32, SIN 132-33, AND SIN 132-34)
a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101.
b. When acquired by the ordering activity, commercial computer software and related documentation so legend shall be
subject to the following:
q) Title to and ownership of the software and documentation shall remain with the Contractor, unless otherwise
specified.
(2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or

independent ordering activity. The software may be used by any subdivision of the ordering activity (service, bureau,
division, command, etc.) that has access to the site the software is placed at, even if the subdivision did not participate in
the acquisition of the software. Further, the software may be used on a sharing basis where multiple agencies have joint
projects that can be satisfied by the use of the software placed at one ordering activity's site. This would allow other
agencies access to one ordering activity's database. For ordering activity public domain databases, user agencies and third
parties may use the computer program to enter, retrieve, analyze and present data. The user ordering activity will take
appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third
parties that are permitted access to the computer programs and documentation in connection with the user ordering
activity's permitted use of the computer programs and documentation. For purposes of this section, all such permitted
third parties shall be deemed agents of the user ordering activity.

(3) Except as is provided in paragraph 8.b(2) above, the ordering activity shall not provide or otherwise make
available the software or documentation, or any portion thereof, in any form, to any third party without the prior written
approval of the Contractor. Third parties do not include prime Contractors, subcontractors and agents of the ordering
activity who have the ordering activity’s permission to use the licensed software and documentation at the facility, and
who have agreed to use the licensed software and documentation only in accordance with these restrictions. This
provision does not limit the right of the ordering activity to use software, documentation, or information therein, which
the ordering activity may already have or obtains without restrictions.

(4) The ordering activity shall have the right to use the computer software and documentation with the computer for
which it is acquired at any other facility to which that computer may be transferred, or in cases of Disaster Recovery, the
ordering activity has the right to transfer the software to another site if the ordering activity site for which it is acquired is
deemed to be unsafe for ordering activity personnel; to use the computer software and documentation with a backup
computer when the primary computer is inoperative; to copy computer programs for safekeeping (archives) or backup
purposes; to transfer a copy of the software to another site for purposes of benchmarking new hardware and/or software;
and to modify the software and documentation or combine it with other software, provided that the unmodified portions
shall remain subject to these restrictions.

(5) “Commercial Computer Software" may be marked with the Contractor's standard commercial restricted rights legend, but
the schedule contract and schedule pricelist, including this clause, “Utilization Limitations" are the only governing terms and
conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard
commercial legend.

9, SOFTWARE CONVERSIONS - (SIN 132-32 AND SIN 132-33)

Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made
as the result of a change in operating system , or from one computer system to another. Under a perpetual license (132-33), the
purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Under a term
license (132-32), conversion credits which accrued while the earlier version was under a term license shail carry forward and
remain available as conversion credits which may be applied towards the perpetual license price of the new version.

10. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY

The Contractor shall include, in the schedule pricelist, a complete description of each software product and a list of equipment on
which the software can be used, Also, included shal! be a brief, introductory explanation of the modules and documentation which
are offered. :

11. RIGHT-TO-COPY PRICING

Page 11

The Contractor shall insert the discounted pricing for right-to-copy licenses. NOT APPLICABLE. Emergency
Communications Network, LLC does not offer right-to-copy licenses.

USA COMMITMENT TO PROMOTE
SMALL BUSINESS PARTICIPATION
PROCUREMENT PROGRAMS

PREAMBLE

EMERGENCY COMMUNICATIONS NETWORK, LLC provides commercial products and services to ordering
activities. We are committed to promoting participation of small, small disadvantaged and women-owned small
businesses in our contracts. We pledge to provide opportunities to the small business community through reselling
opportunities, mentor-protégé programs, joint ventures, teaming arrangements, and subcontracting.

COMMITMENT
To actively seek and partner with small businesses.

To identify, qualify, mentor and develop small, small disadvantaged and women-owned small businesses by
purchasing from these businesses whenever practical.

To develop and promote company policy initiatives that demonstrate our support for awarding contracts and
subcontracts to small business concerns.

To undertake significant efforts to determine the potential of smali, small disadvantaged and women-owned small
business to supply products and services to our company.

To insure procurement opportunities are designed to permit the maximum possible participation of small, small
disadvantaged, and women-owned small businesses.

To attend business opportunity workshops, minority business enterprise seminars, trade fairs, procurement
conferences, etc., to identify and increase small businesses with whom to partner.

To publicize in our marketing publications our interest in meeting small businesses that may be interested in
subcontracting opportunities.

We signify our commitment to work in partnership with small, small disadvantaged and women-owned small
businesses to promote and increase their participation in ordering activity contracts. To accelerate potential
opportunities please contact (Michael Staley, 866 939 0911, mstaley@ECNetwork.com, fax 386-676-1127.)

Page 12

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80000 - 82499
82500 - 84999
85000 - 87499
87500 - 89999

90000 - 92499
92500 - 94999
95000 - 97499
97500 - 99999

100000 - 104999

105000 - 109999

11DGG6 - 114999

115000 - 119999

120600 - 124999

125006 - 129999

130006 - 134999

135000 - 139999

{40000 - 144999

145000 - 149999

150000 - 199999
200000-2499993

Population
0-999
1000-4999
5000-7499
7500-9999
40000-12499
12500-15000
45000-17500

17500-19999
20000 - 22499
22500 - 24999
25000 - 27499

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$23,802.19
$23,802.19
$23,802.19
$23,802.19
$26,182.41
$26,182.41
$26,182.41
$26,182.44
$26,182.41
$29,752.73
$29,752.73
$29,752.73
$32,728.01
$32,728.01
$35,703.28
$35,703.28
$35,703.28
$35,703.28
$35,703.28

$35,703.28
$40,463.72

Unlimited Emergency
Usage License Pricing

$2,380.22
$2,380.22
$2,380.22
$2,380.22
$2,380.22
$2,380.22
$2,380.22
$2,380.22
$2,380.22
$2,380.22
$2,380.22

Page 14

Population
27500 - 29999
30000 - 32499
32500 - 34499
35000 - 37499
37506 - 39999
40000 - 42499
42500 - 44999
45000 - 47499
47500 - 49999
50000 - 52499
52500 - 54999
55000 - 57499
57500 - 59999
6DOG0 - 62499
62500 - 64999
65000 - 67499
67500 - 69999
70000 - 72499
72500 - 74999
75000 - 77499
77500 - 79999
S006 - 82499
82500 - 84999
85060 - 87499
87500 - 89999
90006 - 92499
92500 - $4999
95006 - 97499
97500 - 99999

100006 - 104999
105000 - 109999
1100G6 - 114999
415000 - 119999
120000 - 124999
125000 - 129999
130006 - 134999
135000 - 139999
140000 - 144999
145000 - 149999
150006 - 199999
200000-249999

Unlimited Emergency
Usage License Pricing

$17,089.97
$17,994.45
$18,898.94
$19,803.42
$21,898.01
$22,802.50
$23,706.98
$24,611.46
$25,515.95
$27,610.54
$28,515.02
$29,419.50
$30,323.99
$31,228.47
$33,323.06
$34,227.55
$35,132.03
$36,036.51
$36,941.00
$39,035.59
$39,940.07
$40,844.55
$41,749.04
$42,653.52
$44,748.11
$45,652.60
$46,557.08
$47,461.56
$48,366.05
$51,055.69
$52,864.66
$54,673.62
$57,970.23
$59,779.19
$63,075.86
$64,884.76
$66,693.73
$71,406.56
$71,406.56
$71,406.56
$80,927.44

Page 15

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Population only usage license
9000 - 9999 $19,040.32
10000 - 10999 $20,468.45
11000 - 11999 $21,896.58
12000 - 12999 $23,324.72
13000 - 13999 . $24,752.85
14000 - 14999 $26,180.98
15000 - 15999 $27,609.11
16000 - 16999 $29,037.24
17000 - 17999 $30,465.37
18000 - 18999 $31,893.50
19000 - 19999 $33,321.63
20000 - 20999 $34,749.77
21000 - 21999 $36,177.90
22000 - 22999 $37,606.03
23000 - 23999 $39,034.16
24000 - 24999 $40,462.29
25000 - 25999 $41,890.42
26000 - 26999 $43,318.55
27000 - 27999 $44,746.68
28000 - 28999 $46,174.82
239000 - 29999 $47,602.95

- 30000 - 30999 $49,031.08
31000 - 31999 $50,459.21
32000 - 32999 $51,887.34
33000 - 33999 $53,315.47
34000 - 34999 $54,743.60
35000 - 35999 $56,171.73
36000 - 36999 $57,599.87
37000 - 37999 §59,028.00
38000 - 38999 $60,456.13
39000 - 39999 $61,884.26
40000 - 40999 $63,312.39
41000 - 41999 $64,740.52
A2006 - 42999 $66,168.65
43000 - 43999 $67,596.78

-A4000 - 44999 $69,024.92
45000 - 45999 $70,453.05
46000 - 46999 $71,881.18
47000 - 47999 $73,309.31
48000 - 48999 $74,737.44
49000 - 49999 $76,165.57

Page 18

CodeRED Weather Warning® Service Addendum
Non-GSA Contract Item

This ts an addendum (the “Addendum’) to that certain CodeRED® NEXT Services Agreement effective July 7,
2016 (the “Agreement") entered into by and between the City of Nashua (hereinafter “Licensee”), a body politic
and corporate of the State of New Hampshire located at 229 Main Street, Nashua, NH 03061, and Emergency
Communications Network, LLC (hereinafter “Licensor”). This Addendum shall be effective as of the Effective Date
of the Agreement.

4. Terms used herein which are not otherwise defined shall have the meanings given to them in the Agreement.
The following terms shall be added to the Agreement:

CodeRED Weather Warning® Service: Licensor’s CodeRED Weather Warning® Service (“CRWW”) expands
the benefits of the Service to include the automatic launching of prerecorded CRWW notifications to members of
Licensee's Calling Area who opt-in to CRWW (each a “Subscriber” and collectively, the “Subscribers”). These
automated notifications are initiated by the issuance of severe weather alerts by the National Weather Service
(“NWS”), with no intervention on the part of Licensee or Licensor. Subscribers to be notified are determined by
matching the geographic location associated with each Subscriber against the geographic polygon(s) associated
with severe weather alerts issued by NWS. CRWW is available only as an add-on module for the Service.
CRWW will not be provided under the terms of this Addendum unless the Agreement is in effect.

Subscribers: Severe weather events can occur at any time of day or night. Accordingly, CRWW notifications will
automatically be launched in response to the issuance of NWS severe weather alerts at any time, 24 hours/day.
CRWW will notify ONLY those Subscribers that have CHOSEN to participate through the opt-in process. CRWW
will be limited to Subscribers located within the City of Nashua, New Hampshire who have added their name
and geographic location to the CRWW Subscriber database via the Licensee’s community notification enrollment
site. This site is hosted by Licensor for the purpose of allowing Subscribers to add their contact information to
both the CodeRED® database and the CRWW database via the Internet. Subscribers shail be subject to the
terms and conditions for CRWW, which can be reviewed at: http://ecnetwork.com/privacy-policy. ONLY THOSE
SUBSCRIBERS WHO OPT-IN TO CRWW WILL BE ELIGIBLE TO RECEIVE CRWW NOTIFICATIONS.
LICENSEE MAY BE REQUIRED TO APPROVE SUBSCRIBER ENTRIES PRIOR TO THE SUBSCRIBERS
BEING ACTIVATED AND ENTERED INTO THE DATABASE.

CodeRED® System Minutes: Notifications placed automatically via CRWW have no effect on the System
Minutes associated with the Service.

Term: Based upon Licensor’s current Emergency Notification Service Contract effective as of September 3, 2014
(the “NH Agreement”) with the New Hampshire Department of Safety-Homeland Security and Emergency
Management (“NH”), Licensor will include CRWW at NO COST for the initial term of this Addendum, which shall
commence as of the Effective Date and terminate at 12:01 a.m. on August 1, 2017, unless earlier terminated
by NH, Licensor or Licensee, or otherwise extended by NH under the NH Agreement.

Termination: Upon termination of the NH Agreement or the Agreement, access to CRWW will terminate and
Licensor shall terminate all individual Subscriber accounts. In the event NH elects to terminate the NH
Agreement, while the Agreement is still in effect, Licensee may purchase CRWW via separate, written addendum
or agreement. Licensor, in its sole discretion, may also terminate this Addendum immediately, and without further
notice, as a result of Licensee’s breach of the Agreement or this Addendum, and in such case, no fees (if any)
paid hereunder shall be refunded.

2. This Addendum shall not modify any terms and conditions of the Agreement, except as set forth herein.

Licensee: Licensor:

City of Nashua, New Hampshire Emergency Communications Network, LLC
Signature: Signature:

Printed Name: : Printed Name:

Title: Title:

Date: Date:

Emergency Communications Network, LLC Page 1 of 1 Initiais

CodeRED Weather Waming® Service Addendum Licensor

Licensee