CONTRACT TERMS AND CONDITIONS

A: GENERAL

Background:

The CLIENT is of the opinion that Wireless Netware has the necessary qualifications, experience and abilities to provide services to the CLIENT; and

Wireless Netware is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described in the proposal and of the mutual benefits and obligations outlined in this Agreement, the receipt and sufficiency of which consideration is as a result of this acknowledged, the CLIENT and Wireless Netware (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

1. Legal Relationship:

Wireless Netware and CLIENT are independent contractors and separate entities. No other legal relationship is intended or implied. Except as expressly specified in this Agreement, neither Party will be responsible for acts of the other Party or of its agents or employees and neither Party will assume or create any obligation in the name of or on behalf of the other Party.

2. Scope of Services:

Wireless Netware's responsibilities are limited to the performance of the Services as set out at the Contract page of this Agreement.

3. Pricing and Payment:

A. Payment

CLIENT will make payment to Wireless Netware on the first (1st) of each month (the "Due Date") following the payment schedule set out at the Contract page of this Agreement.

B. Annual Fee Review

Thirty (30) days before the Agreement Anniversary Date, Wireless Netware will provide to CLIENT updated pricing for the following year.  CLIENT will then have fifteen (15) days to accept the pricing for the coming year or will have the right to terminate the Agreement following section 4(B) of this Agreement. Updated pricing will require signing off on a new updated electronic agreement by CLIENT and that new Agreement will replace this Agreement.

4. Term and Termination:

A. Term of Agreement

This Agreement will commence on the electronic execution date of the Agreement and will continue in effect for an Initial Term of three (3) years or until terminated by either Party. This Agreement will renew automatically for consecutive thirty (30) day periods following the expiration of the Initial Term ("Extension Period") unless CLIENT or Wireless Netware provide the other Party with written notice of termination thirty (30) days prior to the end of the Initial Term or the then current Extension Period, as the case may be.

B. Termination for Convenience

Either of the Parties may terminate this Agreement upon providing to the other Party with thirty (30) Days written notice of its intention to terminate. Upon termination, neither Party will have any further obligation to the other under this Agreement, except for those obligations which are expressly stated to survive.

C. Termination for Cause

Notwithstanding the preceding, this Agreement may be terminated effective immediately by Wireless Netware if:

i) CLIENT becomes insolvent, files a petition in bankruptcy, becomes subject to a proceeding or seeks relief from creditors under any bankruptcy or reorganization law, but only in circumstances that have a material detrimental effect on that Party;

ii) CLIENT breaches any material obligation under this Agreement, and such breach has continued unremedied for a period of ten (10) days after receiving written notice of the breach;

iii) CLIENT sells all or substantially all of its assets or sells those assets the sale of which would impair its ability to fulfill its obligations under this Agreement; or

iv) there is a change in control of the CLIENT.

D. Procedure on Termination:

If this Agreement is terminated for any reason, the CLIENT will:

i) promptly return to Wireless Netware all Wireless Netware IP materials, Work Products, documentation, hardware, software or data provided initially by Wireless Netware and which are the property of Wireless Netware;

ii) pay all outstanding invoices for Services to the date of termination based upon the pro rata completion of the deliverables required by the Statement of Work then in the process; and

iii) pay the return of data fee assessed by Wireless Netware for return of CLIENT data hosted on Wireless Netware' servers. The performance of data fee will be capped at an amount equal to one (1) months service fee at the time of termination. If the CLIENT does not agree to such cost, Wireless Netware will be under no obligation to return CLIENT hosted data. CLIENT will provide Wireless Netware external USB hard drives with enough free memory to allow Wireless Netware to copy the CLIENT's data for return.

If this Agreement is terminated for any reason, Wireless Netware will:

i) promptly return CLIENT all CLIENT IP materials, Work Products, documentation or data provided initially by the CLIENT and which are the property of CLIENT.

5. Confidentiality:

Wireless Netware acknowledges that all information provided by Client will or may be confidential, proprietary, or affected by competitive sensitivity, and will treat all of the information as confidential, disclosed to employees on a need-to-know basis only. Wireless Netware use of CLIENT information is governed by the terms of the Wireless Netware Privacy Policy and can be found at https://tvoip.ca/terms-and-conditions/privacy-policy/

Wireless Netware at their discretion may use the CLIENT's name, logo and services being provided by Wireless Netware in its marketing material, presentations and in Client Success Stories. Wireless Netware may also inform other potential clients about the relationship between the CLIENT and Wireless Netware.

6. Warranties:

Wireless Netware warrants that all Services provided under this Agreement will be conducted in a manner that is consistent with the level of skill and care ordinarily exercised by members of its profession currently practicing under similar conditions.

The parties represent and warrant to each other that they have the power, capacity and authority to enter into this Agreement and will not breach any confidentiality, fiduciary or other obligation or Agreement to which they may be bound.

7. LEGAL RISK MANAGEMENT:

IN NO EVENT WILL WIRELESS NETWARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CLIENT OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT SERVICES PROVIDED BY WIRELESS NETWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WIRELESS NETWARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Also, CLIENT SPECIFICALLY ACKNOWLEDGES AND AGREES THAT IN NO EVENT WILL WIRELESS NETWARE TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT OF ONE (1) MONTHS SERVICE FEE PAID BY CLIENT DURING THE ONE month PRECEDING THE EVENT WHICH GAVE RISE TO SUCH CLAIM FOR THE PARTICULAR SERVICES PERFORMED UNDER THIS AGREEMENT.

THE preceding LIMITATION OF LIABILITY WILL SURVIVE TERMINATION OF THIS AGREEMENT.

8. Non-Solicitation:

CLIENT agrees that during the period of this Agreement and for one year after the expiration or termination of this Agreement that CLIENT will not hire, employ, retain or solicit any person who is an employee, officer, director or full-time independent contractor of the other Party and who, but for this Agreement, would otherwise be unknown to that Party. CLIENT acknowledges that because of the recruitment difficulties, costs of training staff in the computer industry and the highly sensitive nature of intellectual property rights of both parties, this restriction is reasonable.  CLIENT agrees that an amount equal to one hundred percent (100%) of the solicited individual's annual bill rate represents a reasonable estimate of the actual liquidated damages suffered and is not a penalty. It is understood that such liquidated damages will be in place of other remedies.

9. No Waiver:

No failure on the part of Wireless Netware to exercise, and no delay in exercising any right, power or partial exercise of any right, power or remedy will preclude any other or further use thereof or the exercise of any other reason, power or remedy by Wireless Netware.

10. Force Majeure:

Neither Party will be liable for any failure or delay in its performance under this Agreement due to causes that are beyond its reasonable control.

11. Governing Law:

The construction, validity and performance of this Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.  The Parties as a result of this irrevocably agree to attorn to the jurisdiction of the courts of the Province of Ontario.

12. Contra Proferentum Rule:

Should any provision of this Agreement require judicial interpretation, mediation or arbitration, it is agreed that the court, mediator or arbitrator interpreting or construing the same will not apply a presumption that the terms thereof will be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the Party who itself or through its agent prepared the same, it be agreed that both parties, directly or through their agents, have participated in the preparation thereof.

13. Entire Agreement:

This Agreement constitutes the whole Agreement between the Parties concerning the subject matter set out and replaces any prior understandings or agreements, whether written or oral, regarding such subject matter. From time to time, Wireless Netware may make amendments to this Agreement. If Wireless Netware makes such modifications, Wireless Netware will require CLIENT to sign off on a new updated electronic agreement, and that new Agreement will replace this Agreement.

14. Late Fees and Collections Costs:

In the event CLIENT fails to make full payment by the Due Date, CLIENT also will pay a late fee in the amount of the lesser of three percent (3%) of the unpaid balance per month or the maximum lawful rate under applicable Provincial law that will accrue from the Due Date.

CLIENT will pay any amounts incurred by Wireless Netware in the collection of past-due amounts owed, including, but not limited to, reasonable legal fees and costs.

15. Survival:

Sections A-4, A-7, A-8, A-10, A-11, A-12, A-14 and A-15 of this Agreement will survive termination of this Agreement.

1.  WIRELESS NETWARE Responsibility:

While WIRELESS NETWARE utilizes reasonable skill and due care in providing managed services, WIRELESS NETWARE will not be liable for:

i) Wilful acts, defaults or negligent use of the equipment outside of the manufacturers operating instructions by CLIENT;

ii) Any damage caused by the CLIENT or a third party as a result of upgrade or modification to any Equipment covered under this Agreement;

iii) Faults with software utilized by Client;

iv) Use of destructive software by Client;

CLIENT will indemnify and hold harmless WIRELESS NETWARE against any damages, losses, costs or expenses that are a result of actions taken by the client in breach of this section.

2. CLIENT Responsibility:

Client will:

i) At its own expense care for and operate its equipment following the manufacturer’s specifications and will only use the equipment for the purpose for which it was designed;

ii) Ensure that the equipment is operated skillfully and appropriately by persons who are trained to a competent standard; and

iii) Provide safe access to the CLIENT site so that WIRELESS NETWARE may provide the managed services.

If CLIENT refuses, it may not be possible for WIRELESS NETWARE to provide the managed services and as such this AGREEMENT may be immediately terminated by WIRELESS NETWARE with the CLIENT being liable for costs incurred by WIRELESS NETWARE.

Client’s execution below will form a legally binding Agreement, and as such, your agreement to be bound by these terms and conditions is signified by your electronic certification and electronic signature.

1. WIRELESS NETWARE Responsibility:

WHILE WIRELESS NETWARE UTILIZES REASONABLE SKILL AND DUE CARE IN PROVIDING DATA BACKUP SERVICES, WIRELESS NETWARE DOES NOT GUARANTEE OR WARRANT THAT ANY DATA, INFORMATION, DOCUMENTATION OR ANY OTHER CONTENT WHAT SO EVER BACKED UP OR HOSTED BY WIRELESS NETWARE WILL NOT BE LOST, CORRUPTED, DAMAGED OR REMOVED.  IF SUCH AN EVENT WERE TO OCCUR, WIRELESS NETWARE LIABILITY TO YOU FOR ANY AND ALL DIRECT, COMPENSATORY LOSS OR DAMAGES, UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE INTENDED FULFILLMENT OF ANY OF WIRELESS NETWARE OBLIGATIONS UNDER THIS AGREEMENT, WILL BE STRICTLY LIMITED IN THE AGGREGATE EQUAL TO ONE (1) MONTHS SERVICE FEE PAID BY CLIENT DURING THE ONE MONTH PERIOD  PRECEDING THE EVENT WHICH GAVE RISE TO SUCH CLAIM.

THE FOREGOING LIMITATION OF LIABILITY WILL SURVIVE TERMINATION OF THIS AGREEMENT.

2. CLIENT Responsibility:

CLIENT will not host the following in connection with Data Backup:

  1. Data that compromises the copyrights, trade secrets, proprietary information and other intellectual property rights of third parties;
  2. Data that is libellous or would constitute defamation of character;
  3. Data that would be deemed an invasion of third party privacy; or
  4. Data that would be construed as pornographic.

While WIRELESS NETWARE does not routinely monitor accounts for violation of this Agreement, WIRELESS NETWARE reserves the right to investigate suspected violations of this Agreement. At its sole discretion, if WIRELESS NETWARE finds that the Data Backup service is being used in a way that violates this Agreement, WIRELESS NETWARE may take necessary reasonable action that may include, but is not limited to immediate suspension or termination of CLIENTS services depending on the nature of the violation. WIRELESS NETWARE may do so without notifying CLIENT, and WIRELESS NETWARE will not have any liability for such actions taken concerning violations.

WIRELESS NETWARE will co-operate with law enforcement concerning the prosecution of illegal activities as required by law.

CLIENT’s execution below will form a legally binding Agreement, and as such, your agreement to be bound by these terms and conditions is signified by your electronic certification and electronic signature.

1. WIRELESS NETWARE Responsibility:

WHILE WIRELESS NETWARE UTILIZES REASONABLE SKILL AND DUE CARE IN PROVIDING CLOUD HOSTING SERVICES, WIRELESS NETWARE DOES NOT GUARANTEE OR WARRANT THAT ANY DATA, INFORMATION, DOCUMENTATION OR ANY OTHER CONTENT WHAT SO EVER BACKED UP OR HOSTED BY WIRELESS NETWARE WILL NOT BE LOST, CORRUPTED, DAMAGED OR REMOVED.  IF SUCH AN EVENT WERE TO OCCUR, WIRELESS NETWARE LIABILITY TO YOU FOR ANY AND ALL DIRECT, COMPENSATORY LOSS OR DAMAGES, UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE INTENDED FULFILLMENT OF ANY OF WIRELESS NETWARE OBLIGATIONS UNDER THIS AGREEMENT, WILL BE STRICTLY LIMITED IN THE AGGREGATE EQUAL TO ONE (1) MONTHS SERVICE FEE PAID BY CLIENT DURING THE ONE MONTH PERIOD  PRECEDING THE EVENT WHICH GAVE RISE TO SUCH CLAIM.

THE FOREGOING LIMITATION OF LIABILITY WILL SURVIVE TERMINATION OF THIS AGREEMENT.

2. CLIENT Responsibility:

You will be solely responsible for any liability, loss or damage in connection with the use of E-Mail, hosted data or data backups. You agree to use these services as intended lawfully, and YOU will be solely responsible for the management of data stored on or transmitted by E-Mail.

CLIENT warrants to WIRELESS NETWARE that CLIENT will not conduct the following:

  1. Selling products or services that are unlawful in the location at which the content is posted or received;
  2. Incorporating into E-Mail any material, text, graphic, sound or animation in any form that, without limitation, may be obscene, defamatory, harassing, grossly offensive, malicious, or that actually or potentially infringes or misappropriates the copyright, trademark, proprietary or another intellectual property right of any third party;
  3. Posting any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence;
  4. Introducing viruses, worms, harmful code, trojan horses on the internet, and/or using any software or device to interfere or attempt to interfere with the proper functioning of any server or other internet facilities;
  5. Harassment;
  6. Sending E-Mail to any person who does not wish to receive it;
  7. Sending unsolicited bulk mail messages (“junk mail” or “spam”) which, in WIRELESS NETWARE’s sole judgment, is disruptive or generates a significant number of user complaints. This includes bulk-mailing of commercial advertising, informational announcements and political tracts;
  8. Forwarding or otherwise propagating chain letters and pyramid schemes, whether or not the recipient wishes to receive such mailings;
  9. Malicious email, such as “mailbombing” or flooding a user or site with very large or numerous pieces of email;
  10. Forging of header information; or
  11. Collecting replies to messages sent from another Internet Service Provider where those messages violate this Agreement or the Acceptable Use Policy of that other provider.

CLIENT also warrants to WIRELESS NETWARE that CLIENT will not host the following in connection with Hosted Data:

  1. Data that compromises the copyrights, trade secrets, proprietary information and other intellectual property rights of third parties;
  2. Data that is libellous or would constitute defamation of character;
  3. Data that would be deemed an invasion of third party privacy; or
  4. Data that would be construed as pornographic.

While WIRELESS NETWARE does not routinely monitor accounts for violation of this Agreement, WIRELESS NETWARE reserves the right to investigate suspected violations of this Agreement. At its sole discretion, if WIRELESS NETWARE finds that the Data Backup service is being used in a way that violates this Agreement, WIRELESS NETWARE may take necessary reasonable action that may include, but is not limited to immediate suspension or termination of CLIENTS services depending on the nature of the violation. WIRELESS NETWARE may do so without notifying CLIENT, and WIRELESS NETWARE will not have any liability for such actions taken concerning violations.

WIRELESS NETWARE will co-operate with law enforcement concerning the prosecution of illegal activities as required by law.

Client’s execution below will form a legally binding Agreement, and as such, your agreement to be bound by these terms and conditions is signified by your electronic certification and electronic signature.

E: DISASTER RECOVERY

1. WIRELESS NETWARE Responsibility:

WHILE WIRELESS NETWARE UTILIZES REASONABLE SKILL AND DUE CARE IN PROVIDING DISASTER RECOVERY SERVICES, WIRELESS NETWARE DOES NOT GUARANTEE OR WARRANT THAT ANY DATA, INFORMATION, DOCUMENTATION OR ANY OTHER CONTENT WHAT SO EVER BACKED UP OR HOSTED BY WIRELESS NETWARE WILL NOT BE LOST, CORRUPTED, DAMAGED OR REMOVED.  IF SUCH AN EVENT WERE TO OCCUR, WIRELESS NETWARE LIABILITY TO YOU FOR ANY AND ALL DIRECT, COMPENSATORY LOSS OR DAMAGES, UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE INTENDED FULFILLMENT OF ANY OF WIRELESS NETWARE OBLIGATIONS UNDER THIS AGREEMENT, WILL BE STRICTLY LIMITED IN THE AGGREGATE EQUAL TO ONE (1) MONTHS SERVICE FEE PAID BY CLIENT DURING THE ONE MONTH PERIOD  PRECEDING THE EVENT WHICH GAVE RISE TO SUCH CLAIM.

THE FOREGOING LIMITATION OF LIABILITY WILL SURVIVE TERMINATION OF THIS AGREEMENT.

2. CLIENT Responsibility:

CLIENT will:

i) Provide a disaster recovery plan to WIRELESS NETWARE for sign off by WIRELESS NETWARE unless CLIENT has contracted WIRELESS NETWARE to provide such disaster recovery plan;

ii) Request on an annual basis that WIRELESS NETWARE test the disaster recovery plan. WIRELESS NETWARE will not be held liable if CLIENT fails to request such test and WIRELESS NETWARE fails to meet the requirements of the disaster recovery plan and as such no compensation will be owed to the CLIENT for failure to meet those requirements;

iii) Provide all  resources and data necessary for testing; and

iv) Follow the procedures as outlined by WIRELESS NETWARE.

Client’s execution below will form a legally binding Agreement and as such, your agreement to be bound by these terms and conditions is signified by your electronic certification and electronic signature.

F: UNLIMITED HELP DESK

1. WIRELESS NETWARE Responsibility:

  1. twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year including statutory holidays and weekends (24x7x365); or
  2. during regular business Monday to Friday, 8 am to 6 pm eastern time excluding weekends and Canadian statutory holidays

In accordance with the contract page of the Agreement.

If a CLIENT request to remediate an issue (a “Support Request”) requires greater than four (4) hours (two hundred and forty (240) minutes) to resolve, or if WIRELESS NETWARE support personnel determine that the Support Request cannot be resolved within the framework of a Level 1 Support Request (as set out in the Unlimited Help Desk Support Guide provided to Client and as amended from time to time by WIRELESS NETWARE) then the amount of time taken by WIRELESS NETWARE support personnel to remediate the Support Request will fall within the hours purchased by CLIENT under the Managed Services Agreement entered into with WIRELESS NETWARE for the particular month the Support Request was placed. If the CLIENT does not have sufficient support hours under their Managed Services or IT Consulting Agreement, then the CLIENT will purchase additional support hours in accordance with the Contract Page of the Agreement.

Unlimited Help Desk Support does not include consulting, design or implementation.

While WIRELESS NETWARE utilizes reasonable skill and due care in providing Unlimited Help Desk – Level 1 Support, WIRELESS NETWARE will not be liable for:

  1. Wilful acts, defaults or negligent use of the equipment outside of the manufacturers operating instructions by CLIENT;
  2. Any damage caused by the CLIENT or a third party as a result of upgrade or modification to any Equipment covered under this Agreement;
  3. Faults with software utilized by Client;
  4. Use of destructive software by Client;

CLIENT will indemnify and hold harmless WIRELESS NETWARE against any damages, losses, costs or expenses that are a result of actions taken by the CLIENT in breach of this section.

2. CLIENT Responsibility:

CLIENT will purchase an Unlimited Help Desk Support license for each User. A User will be defined as a CLIENT employee with access to one (1) computer, whether a notebook or desktop or one (1) device, whether a tablet or smartphone. Each User will have an assigned computer or device. Users may only receive Unlimited Help Desk support for their own assigned computer or device.

Additionally, the CLIENT will:

  1. At its own expense care for and operate its equipment following the manufacturer’s specifications and will only use the equipment for the purpose for which it was designed; and
  2. Ensure that the equipment is operated skillfully and appropriately by persons who are trained to a competent standard.

If CLIENT refuses to meet these obligations, it may not be possible for WIRELESS NETWARE to provide the Unlimited Help Desk Support and as such this Agreement may be immediately terminated by WIRELESS NETWARE with the CLIENT being liable for costs incurred by WIRELESS NETWARE.

G: UNLIMITED SERVER AND NETWORK DEVICE SUPPORT

1. WIRELESS NETWARE Responsibility:

WIRELESS NETWARE will provide CLIENT with Unlimited Server and Network Device Support by either telephone or through an email ticketing system twenty-four (24) hours a day, seven (7) days a week, three hundred and sixty-five (365) days a year including statutory holidays and weekends (24x7x365).

If a CLIENT request to remediate an issue (a “Support Request”) requires greater than four (4) hours (two hundred and forty (240) minutes) to resolve, or if WIRELESS NETWARE support personnel determine that the Support Request cannot be resolved within the framework of a Level 1 Support Request (as set out in the Unlimited Server and Network Support Guide provided to Client and as amended from time to time by WIRELESS NETWARE) then the amount of time taken by WIRELESS NETWARE support personnel to remediate the Support Request will fall within the hours purchased by CLIENT under the Managed Services Agreement entered into with WIRELESS NETWARE for the particular month the Support Request was placed. If the CLIENT does not have sufficient support hours under their Managed Services Agreement, then the CLIENT will purchase additional support hours following the Contract Page of the Agreement.

Unlimited Server and Network Support does not include consulting, design or implementation.

While WIRELESS NETWARE utilizes reasonable skill and due care in providing Unlimited Server and Network Support, WIRELESS NETWARE will not be liable for:

  1. Wilful acts, defaults or negligent use of the equipment outside of the manufacturers operating instructions by CLIENT;
  2. Any damage caused by the CLIENT or a third party as a result of upgrade or modification to any Equipment covered under this Agreement;
  3. Faults with software utilized by Client;
  4. Use of destructive software by Client;

CLIENT will indemnify and hold harmless WIRELESS NETWARE against any damages, losses, costs or expenses that are a result of actions taken by the CLIENT in breach of this section.

2. CLIENT Responsibility:

CLIENT will purchase an Unlimited Server and Network Device Support license for each CLIENT Server or Network Device. Each Server or Network Device must have a unique assigned IP address and will be included on WIRELESS NETWARE assigned Server and Network Device list. Servers and Network Devices may only receive Unlimited Server and Network Device support for the assigned IP address.

Additionally, the CLIENT will:

  1. At its own expense care for and operate its equipment in accordance with the manufacturer’s specifications and will only use the equipment for the purpose for which it was designed;
  2. Ensure that the equipment is operated skillfully and appropriately by persons who are trained to a competent standard; and

If CLIENT refuses to meet these obligations, it may not be possible for WIRELESS NETWARE to provide the Unlimited Server and Network Device Support and as such this Agreement may be immediately terminated by WIRELESS NETWARE with the CLIENT being liable for costs incurred by WIRELESS NETWARE.

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