1. DEFINITIONS The following terms shall have the meanings ascribed to them below, unless inconsistent with the context or otherwise provided: “RESCO” means a company RESCO spol. s r.o. with its registered office at Plynarenska 7/A, 821 09 Bratislava, Slovak Republic, company ID No. 35 768 916. “End User” means an internal user who purchases/rents a license for Resco MobileCRM Product. “Resco MobileCRM Product” is a mobile extension for Microsoft Dynamics CRM that comprises: Resco MobileCRM Application is a native mobile application for Microsoft Dynamics CRM with cross-platform support. Resco MobileCRM Woodford is a customization and administration tool for Resco MobileCRM Application. “Documentation” means the technical information, manuals, operation instructions, help files, handbooks, and other publications, in electronic form, provided by RESCO at http://www.resco.net/mobilecrm/support.aspx for use of Resco MobileCRM Product. “Support” means the support services provided directly by RESCO Support team either by email or by phone for Resco MobileCRM Product during the License period. “Maintenance” means the services that are provided by RESCO, particularly: to repair, replace or provide an upgrade of the Resco MobileCRM Product, to provide enhancements updates or major releases of the Resco MobileCRM Product (including media and Documentation) when generally made available by RESCO to any of its End Users. “Authorized Rights” means an End User`s right to: use the Resco MobileCRM Application for End User`s internal purposes; adopt, customize, localize, translate and integrate the Resco MobileCRM Application in any manner in connection with End User`s internal purposes. “Business day” means every official working day of the weekday (other than Saturday or Sunday or a public holiday in Slovak Republic). “License period” means a period of validity of the license granted for Resco MobileCRM Product conditional upon timely payment of the full amount of License Fees. “License Fee Payment” means a payment for license for Resco MobileCRM Product the amout of which depends on the selected type of the license: purchase (yearly Basis)/rental (monthly Basis) model as follows: End User License Fee Structure Model Description Applicable Fees Yearly Basis Yearly fee for the 1st year includes License Fee and Maintenance Fee per user (unlimited amount of devices) US$ 399 Yearly fee for each following year includes License Fee and Maintenance Fee per user (unlimited amount of devices) US$ 80 Monthly Basis Fee includes monthly License Fee and Maintenance Fee per user (unlimited amount of devices) US$ 25 “Material Breach” means a substantial failure in the performance of this terms and conditions, significant enough to release the aggrieved party from its obligation and accrues to it the right to sue for damages, particularly but not exclusively breach of any payment terms. 2. ACTIVATION End User hereby acknowledges that the license for Resco MobileCRM Product shall be activated within 2 (two) Business days of receipt of relevant License Fee Payment by RESCO, unless agreed later date for activation of license. 3. TERM and TERMINATION The license shall be effective for a definite period of time, from the day of activation of the license until its expiration, unless terminated earlier. The term of the license depends on the selected type of the license model: purchase model (yearly Basis) / rental model (monthly Basis) and therefor the license term shall start on the day of activation of the license and shall continue for a period of one (1) year/ one (1) month. End User, who has selected the rental model (monthly Basis) and checks the box “Enable auto-renewal for this order“, hereby acknowledges, that by enabling automatic billing, End User`s subscription will be automatically renewed before the license expires, avoiding usage interruptions in a highly secure environment and in order to terminate the auto-renewal it is necessary to disable the auto-renewal option by End User in the section myAccount at Avangate. The license may be terminated before its expiration only for cause, where cause shall be deemed to have occurred if: the non-breaching Party has notified the breaching Party in writing of a Material Breach of these Terms and Conditions and the breaching Party has not cured such breach within ten (10) days of receipt of notice from the non-breaching Party. In the event that the License is terminated earlier, End User hereby acknowledges that is not entitled to, and hereby waive claims for any (even an aliquot part of) License Fee already paid to RESCO. End User hereby agrees that is not entitled to, and hereby waives claims for lost profits and all other damages and expenses incurred in connection with aforesaid termination. End User hereby acknowledges that failure to pay the License and Maintenance Fee payments for licenses for RESCO MobileCRM Product shall be deemed as a breach of this Agreement and cause for termination of this Agreement, and therefore RESCO has the right to immediately deactivate all licenses for which the License and Maintenance Fee payment has not been timely paid. End User hereby grants to RESCO the right to use the End User’s name and logo as a commercial reference without express and written consent of End User.