TERMS OF USE

FailSafe Communications Inc. (FailSafe) licenses a patented carrier-grade companion methodology intended to augment 911, 988 and Next Generation 911 systems. By signing up for either of the two options in #1 and #2 below you agree with the following.

1. T911TMis a license to a methodology to identify callers to 911 and 988 that cannot get through.

2. TeleSentientTMis a license and methodology intended to aid service providers in FCC and other regulatory reporting on a service-provider-specific basis, including a patented system and high level consulting services, recommendations, and compliance evaluations.

3. Services Not Defined Here are provided under customer specific licenses are contained in separate Agreements negotiated directly with licensees and codified under separate cover.

4. Terms and Usepertain only to the first two licenses listed above. For other specifics, consult your customer-specific contract with us or email [email protected] to negotiate one.

5. Limitations. Please read the following carefully.

A. THE METHODOLOGIES LISTED IN #1 AND #2 ABOVE ARE PATENTED, AND PROVIDED UNDER LICENSE BY FAILSAFE (LICENSOR) TO QUALIFIED DISASTER RECOVERY AS A SERVICE (DRaaS) PROVIDERS, 911 AND 988 PROVIDERS, PUBLIC AND ELECTED OFFICIALS, AND SERVICE PROVIDERS SUCH AS PHONE AND CABLE COMPANIES. (LICENSORS) THEY ARE PROVIDED ON A STRICTLY BEST EFFORTS BASIS.

B. DUE TO THE WIDE VARIETY OF POTENTIAL LICENSORS AND APPLICATIONS YOU UNDERSTAND THESE METHODOLOGIES, WHILE CARRIER - GRADE WITH 99.99% AVAILABILITY, ARE PROVIDED WITH NO SPECIFIC WARRANTIES EXPRESSED OR IMPLIED, EXCEPT IN CASES WHERE SPECIFIC METRICS ARE PRE-DEFINED IN A CUSTOM SERVICE AGREEMENT, AS PRESCRIBED IN #3 ABOVE UNDER A SEPARATE CONTRACT.

C. LIABILITY TO LICENSOR FOR ANY AND ALL CLAIMS ARISING OUT OF YOUR USE AND ACCEPTANCE OF THE TWO METHODOLOGIES DEFINED IN #1 AND #2 ABOVE, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO COMPANY DURING THE TWELVE MONTHS PRIOR TO WHEN THE LIABILITY ARISES.

d. INNO EVENT WILL LICENSORBE LIABLE TO ANY LICENSEE OR END USER SERVED BY A LICENSEEFOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF THE AGREEMENT UNLESS SPECIFICALLY DEFINED PURSUANT TO #3 ABOVE.