CUSTOMER'S TERM AND CONDITIONS

FRANK Robin Linux Systems desires to provide its Customer with prompt and efficient services. However, to negotiate individually the terms and conditions of each sales contract wouldsubstantially impair FRANK Robin Linux Systems's ability to provide such service. Accordingly, Products and services furnished by FRANK Robin Linux Systems are sold only on the terms and conditions stated herein. Notwithstanding any terms and

conditions on customer's order, FRANK Robin Linux Systems's performance of any contract is expressly made conditional on Customer's Agreement to FRANK Robin Linux Systems's Terms and Conditions of Sale unless otherwise specifically agreed in

writing by FRANK Robin Linux Systems. In the absence of such agreement, commencement of performance and/or delivery shall be for Customer's convenience only and shall not be deemed or construed to be acceptance of

Customer's terms and conditions, or any of them. If a contact is not earlier formed by mutual agreement in writing, acceptance of any Product or service shall be deemed acceptance of the terms and

conditions stated herein. All contracts for the sale of Products shall be construed under and governed by the jurisdiction in which the Novel subsidiary office shown on the Invoice is located.

- Acceptance of customer orders shall occur only when acknowledged in writing at FRANK Robin Linux Systems's principal office, FRANK Robin Linux Systems Ireland Software Ltd. And only by the Contract Department or an

Executive Officer of seller

- All quotations are subject to the terms and conditions stated herein as well as any additional terms and conditions that may appear on the face hereof. In the case of a conflict

between the terms conditions stated herein and those appearing on the face hereof, the later shall control, FRANK Robin Linux Systems's prices and quotations are subject to the following:

(a) All published prices are subject to change without notice.

(b) Unless otherwise specified in writing all quotations expire thirty (30) days after date thereof, may be terminated earlier by notice, and constitute only solicitations for offers to purchase further, budgetary

quotations and estimates are for preliminary information only and shall neither constitute offers, nor impose any responsibility or liability upon FRANK Robin Linux Systems.

(c) Unless otherwise specified in writing by FRANK Robin Linux Systems, all prices quoted shall be exclusive of transportation, insurance, taxes (including, without limitation, any sales use or similar tax and any tax levied on or

assessed to FRANK Robin Linux Systems after product delivery by reason of FRANK Robin Linux Systems's retention of a security interest as provided herein), licence fees, custom fees, duties and other charges related thereto and customer shall report

and pay all such shipping charges, premiums, taxes, fees, duties and other charges related thereto, and shall hold the seller harmless therefrom, provided that, if FRANK Robin Linux Systems, in it's sole discretion, choose to make

any such payment, Customer shall reimburse FRANK Robin Linux Systems in full, upon demand.

(d) Stenographical, typographical and clerical errors are subject to correction.

(e) Prices quoted are for products only and do not include technical data, proprietary rights of any kind, patent rights, qualification, environmental or other than FRANK Robin Linux Systems's standard tests and other than FRANK Robin Linux Systems's

normal domestic commercial packaging unless expressly agreed to in writing by FRANK Robin Linux Systems.

(f) Published weights and dimensions are approximate only. Certified dimensions drawings can be obtained upon request. Manuals, programs. listings, drawings or other documentation required hereunder

must be referenced specifically.

- Unless credit is granted, payment is due with order. Past-due balances shall be subject to a service charge of 1.5% per month, but not more than the amounts allowed by law. Partial shipments will be billed as made and payments thereof are

subject to the above terms. Payment shall not be withheld for delay in delivery of required documentation unless a separate price is stated thereof, and then only to the extent of the price stated for such

undelivered documentation. FRANK Robin Linux Systems may cancel or delay delivery of Products in the event Customer fails to make prompt payment thereof. FRANK Robin Linux Systems hereby retains a security interest in the Products furnished

until Customer has made payment in full in accordance with the terms hereof. The Customer shall co-operate fully with the seller to execute such documents and to accomplish such filings and/or recordings

thereof as Seller may be deem necessary for the protection of FRANK Robin Linux Systems's interests in the products furnished.

- Transportation will normally follow the Customer's shipping instruction, but FRANK Robin Linux Systems reserves the right to ship Products freight collect and to select the means of

transportation and routing when Customer's instructions are deemed unsuitable. Unless Otherwise advised, FRANK Robin Linux Systems may insure the full value of the Products or declare full value thereof to the transportation

company at the time of delivery and all freight and insurance costs shall be for Customer's account. Risk of lose or damage shall pass to the customer upon delivery of the products at the FOB point, whether

or not installation is provided by or under supervision of FRANK Robin Linux Systems. Confiscation or destruction of, or damage of Products shall not release, reduce or in any way affect the liability of the Customer thereof.

Notwithstanding any defect or nonconformity, or any other matter, such risk or loss or damage shall remain with the Customer until the Products are returned at the Customer's expense to such place as FRANK Robin Linux Systems

may designate in writing. The Customer, at it's expense, shall fully insure Products against all loss or damage until Seller has been paid in full thereof, or the Products have been returned, for whatever reason,

to FRANK Robin Linux Systems. All Products must be inspected upon receipt and claims should be filed with the transportation company when there is evidence of shipping damage, either concealed or external. As used in the

clauses appearing herein or attached hereto, "delivery" shall occur when products are delivered at the FOB point, which shall be the point of manufacture or such place as the Seller shall specify in writing,

notwithstanding installation by or under supervision of Seller.

- FRANK Robin Linux Systems will make all reasonable effort to observe it's dates indicated for delivery or other performance. However, FRANK Robin Linux Systems shall not be liable in any way because of any delay in performance

hereunder due to unforeseen circumstances or to causes beyond it's control, including, without limitation, strike, lockout, riot, war, fire, act of God, accident, failure or break down of components necessary to

order completion, subcontractor, suppler or Customer caused delays, inability to obtain labour, materials or manufacturing facilities or compliance with any law, regulation or order, whether valid or invalid of

any cognisant governmental body or any instrumentality thereof whether now existing or hereafter created. Performance shall be deemed suspended during the extended for such time as any such

circumstances or causes delay in its execution. Whenever such circumstances or cause have been remedied, FRANK Robin Linux Systems will make and the Customer shall accept performance hereunder in addition, FRANK Robin Linux Systems

inventories and current production must be allocated so as to comply with applicable Government regulations. In the absence of such regulations, FRANK Robin Linux Systems reserves the right, in it's sole discretion, to allocate

inventories and current production and suitable materials when, in it's opinion, such allocation or substitution is necessary due to such circumstances or causes, No penalty clause of any kind shall be effective.

As used herein "performance" shall include, without limitation. fabrication, shipment, delivery, assembly, installation, testing and warranty repair or replacement, as applicable.

- Each Product furnished by FRANK Robin Linux Systems shall be deemed accepted by Customer unless notice in writing of defect or nonconformity is received by FRANK Robin Linux Systems within ten (10) days of receipt of the

product at Customer's designated receiving address provided that, Product for which FRANK Robin Linux Systems agrees in writing to provide installation by its personnel, shall be deemed accepted by Customer upon completion

by FRANK Robin Linux Systems of it's applicable acceptance of FRANK Robin Linux Systems's acceptance form by the customer. Notwithstanding the foregoing use at any such Product by Customer, its agents. employees or licensees, for any purpose,

after delivery thereof, shall constitute acceptance of the Product by Customer. Seller may repair or, at its option, replace detective or non-conforming parts after receipt of notice of defect or nonconformity.

- Any order for catalogue-listed Product accepted by FRANK Robin Linux Systems and terminated by Customer prior to delivery shall be subject to termination charge of not less than 10% of the

order value to cover costs of processing and order handling, thereafter no such order may be terminated except by mutual agreement. Customer requested changes in Product configurations and/or delivery

dates shall be subject to mutual agreement in writing and, if requested within sixty (60) days of the scheduled delivery date, shall be subject to a charge of not less than 5% of the order value in addition to any

applicable Product price adjustment. No order for non-catalogue or nonstandard products may be terminated by the Customer except by mutual agreement in writing. Terminations by mutual agreement are

subject to the following conditions. (1) The Customer will pay, at applicable contract prices for all Product which are manufactured and are completely manufactured and are allocated to the Customer at the

time FRANK Robin Linux Systems's receipt of notice of termination; (2) Customer will pay all costs, direct and indirect which have been incurred by FRANK Robin Linux Systems with regards to Products which have been completely manufactured at the

time of FRANK Robin Linux Systems's receipt of notice of termination, plus a pro-rata portion of normal profit on the contact; (3) Customer will pay a termination charge on all other Products affected by the termination. FRANK Robin Linux Systems's

normal accounting practices shall be used to determine costs and other charges. To reduce termination charges, FRANK Robin Linux Systems will divert complete parts, material or work in process from terminated contracts to other

Customers whenever in FRANK Robin Linux Systems's sole discretion, it is practicable to do so.

- FRANK Robin Linux Systems will hold Customer harmless as set forth herein in respect to any claim that the design or manufacture or any product in FRANK Robin Linux Systems's

commercial line of products or manufactured to specifications set by FRANK Robin Linux Systems and furnished hereunder constitutes an infringement of any patents or other industrial or property rights of the United States or

Canada. FRANK Robin Linux Systems shall have no liability whatsoever hereunder with respect to any claims settled by the Customer without FRANK Robin Linux Systems's prior written consent. FRANK Robin Linux Systems will in it's sole discretion and at its own expense,

either procure for Customer the right to continue using the said Product, replace it with a non-infringing product, or remove it and refund an equitable portion of the selling price and transportation costs thereof.

This shall constitute FRANK Robin Linux Systems's entire liability for any claim based upon or related to any alleged infringement of any patent or other industrial property rights. Customer shall hold FRANK Robin Linux Systems harmless against any

expense, loss, costs or damages resulting from claimed infringement of patents, trademarks, or other industrial property rights arising out of compliance by FRANK Robin Linux Systems with customer's designs, specifications or

instructions.

- FRANK Robin Linux Systems warrants each product sold by it to be free from defects in material and workmanship in accordance with the terms set forth below. FRANK Robin Linux Systems's obligation under the said warranty continues

for ninety (90) days from the date of shipment from FRANK Robin Linux Systems to the original purchaser. Where, however, FRANK Robin Linux Systems specifically agrees in writing to provide installation and on-site acceptance testing of its Product, the

warranty period shall begin upon acceptance of the Product as acceptance is determined by FRANK Robin Linux Systems's standard Terms and Conditions of Sale or thirty (30) days after the date of shipment of the Product,

whichever first occurs. Upon acceptance of the Product all Customers' remedies shall be governed by the provisions stated in this warranty. In no event shall the warranty period extend more than one hundred

twenty (120) days from the date of shipment of be Product from FRANK Robin Linux Systems to the original purchaser. Repair or, at FRANK Robin Linux Systems's option, replacement of defective parts shall be the sole and exclusive remedy under

warranty; provided that, FRANK Robin Linux Systems may, as an alternative, elect to refund an equitable portion of the purchase price of the product. Warranty repair service, including labour and replacement parts, shall be

available only at FRANK Robin Linux Systems's plant or service facility or the original point of destination of the product within in the Continental United States at FRANK Robin Linux Systems's option, with freight return or travel time and expenses paid by

Customer, unless otherwise agreed by Seller in writing. In-warranty repaired or replacement parts are warranted only for the remaining, unexpired portion of the original warranty period applicable to the

repaired or replaced parts. This warranty applies only to parts and labour provided by Seller under valid warranty claims, and is contingent upon proper use of the Product. FRANK Robin Linux Systems shall not be liable for any

damage to products resulting in whole or in part from use of components, acccessories, parts or supplies not furnished by Seller or which do not meet Seller's specifications. All obligations of Seller under this

warranty shall cease in the event if any of the following occur (1) Products are subjected to accident, abuse, alteration, unusual physical or electrical stress, neglect, or misuse; or (2) adjustment, repair or parts

replacement is required by causes other than ordinary use within FRANK Robin Linux Systems's spcifications. THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER OR IMPLIED WARRANTIES,

INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, USE OR APPLICATION, AND OF ALL OTHER ABLIGATIONS OR LIABILITIES ON

THE PART OF FRANK Robin Linux Systems, UNLESS SUCH OTHER WARRANTIES, OBLIGATIONS, OR LIABILITIES ARE EXPRESSLY AGREED TO IN WRITING BY FRANK Robin Linux Systems.

- All claims under warranty must be made promptly after occurrence of circumstances giving rise thereto and must be in writing and received within the

applicable warranty period by FRANK Robin Linux Systems or its authorised representative. Such claims should include the equipment type and serial numbers, and a full description of the circumstances giving rise to the claim.

Software corrections under this warranty are limited to software media only. Media shall consist of magnetic tape, magnetic disk cartridge, paper tape, floppy disk and/or adjustment, written authorisation from

FRANK Robin Linux Systems or its authorised representative for the return and instructions as to how and where this equipment should be shipped must be obtained. Any equipment returned to FRANK Robin Linux Systems for examination shall be sent

prepaid via the means of transportation. When any equipment is returned for examination and inspection, or for any other reason. Customer shall be responsible for all damage resulting from improper packing

or handling, and for lose in transit, not withstanding any defect or nonconformity in the equipment. In all cases, FRANK Robin Linux Systems has sole responsibility for determining the cause and nature of failure, and FRANK Robin Linux Systems's

determination with regard thereto shall be final, if it is found that FRANK Robin Linux Systems's equipment has been returned without cause and is still serviceable. Customer will be notified and the equipment returned at its

expense. In addition, a charge for testing and examination may be made an equipment so returned.

- FRANK Robin Linux Systems's liability for damages shall not exceed the payment, if any, received by FRANK Robin Linux Systems for the unit of Product or service furnished or be furnished, as the case may be, which is

the subject of claim or dispute. In no event shall FRANK Robin Linux Systems be liable for incidental, consequential or special damages.

- All disputes under any contract concerning Products not otherwise resolved between FRANK Robin Linux Systems and Customer shall be in a court of competent jurisdiction for the location of FRANK Robin Linux Systems's manufacturing

plant from which the Products are shipped, and in no other place. Provided that, in Novel's sole discretion, such action may be heard in some other place designated by FRANK Robin Linux Systems (if necessary to acquire

jurisdiction over third persons), so that the dispute can be resolved in one action. Customer hereby consents to the jurisdiction of such court or courts and agrees to appear in my action upon written notice

thered. No action, regardless of form, arising out of, or in any way connected with the Products or services furnished by FRANK Robin Linux Systems. may be brought by Customer more than one (1) year the cause of action has

occurred. If part of the Terms and Conditions stated herein is held void or unenforceable, such part will be treated as severable, leaving valid the remainder of the terms and Conditions notwithstanding the port

or parts found void or unenforceable.