Software As A Service End User License Agreement

The End USER LICENSE AGREEMENT AND TERMS OF USE (the “Agreement”) establish a beneficial legal agreement between you (“customer, “you” or “you”) and Qstrom, LLC (“Qstrom”, “we”, “us” or “us”) that regulates your use of Qstrom`s proprietary district manager software® (“DM”), Qstrom`s revenue maximization system and related services and audit software, specially designed for the self-twisting sector. This Agreement also governs your use of Qstrom`s proprietary Dynamic Revenue Management software™ (“DRM™”) and related services, to the extent that you choose to license such software and accept such services from Qstrom. Qstrom wishes to license its proprietary software and system to Customer and provide Customer with related professional services, and Customer wishes to license such system and software from Qstrom and obtain associated professional services from Qstrom in accordance with the terms set forth in this Agreement. If a company offers a service, TOS will be more in its alley. If it offers a service that its customers need to be reliable, supported and consistent, an SLA is necessary. ITAs are more frequently applied to a product without a subscription. Video game companies and developers in this field tend to offer AEEs where application providers or others tend to have TOS and perhaps an SLA that sets clear performance expectations for the service. 1.1 This SAAS Agreement sets out the terms and conditions under which HyperGrid will provide certain software products and/or services, including but not limited to the HyperCloud SAAS Analytics product. The specific terms of a transaction, including the products and services to be provided by HyperGrid (the “Services”), fees, payment terms, terms/extensions and other applicable terms, are set out in a schedule that links to this SAAS Agreement and is executed reciprocally or entered into by HyperGrid`s and Customer`s electronic agreement or an order form. Offer or other order document issued by HyperGrid and signed by customer (each of these calendars or order receipts is a “calendar” and this SAAS agreement, together with the corresponding schedule, is the “contract”). Customer`s related businesses (as defined below) may, under this SAAS Agreement, use HyperGrid in accordance with schedules entered into directly by HyperGrid and such related company, or by HyperGrid and customer (on behalf of such related company), provided that Customer ensures that each of such partners complies with all obligations arising from the applicable agreement, and that the customer is responsible for all acts and omissions of that customer. .

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