Common use of Service Exclusions Clause in Contracts

Service Exclusions. The Starter-Pack Services do not include:  repairs required to correct malfunctions or Errors where the operating environment is different from that in which the Applicable Product was originally installed;  repairs attributable to or required due to any unauthorized attempt by Customer or any other party to repair or maintain the Applicable Product;  repairs resulting from the Customer’s attempt to de-install, relocate and install the Applicable Product;  repairs resulting from casualty, catastrophe, or natural disaster (including lightning damage), accident, misuse, neglect or negligence of Customer, or causes external to the Applicable Product such as, but not limited to, failed or faulty electrical power or air conditioning, or any causes other than normal wear and tear from ordinary use;  repairs for accessories, attachments or any other devices which are not identified in the applicable Order;  repairs resulting from unauthorized changes, modifications or alterations or attachments of or to the Applicable Product;  the furnishing of optional accessories or consumable supplies;  installation/de-installation services and/or relocation/removal services;  labor, parts and repairs necessary to restore the Applicable Product to good operating condition when the Product was not under a Dialogic warranty or under a Dialogic Support Services agreement immediately prior to this Agreement;  Starter-Pack Services for third party software and/or for obsolete Software Releases.;  problems in the operation or performance of the Applicable Products caused by third party software or hardware products;  interaction between the Software or Hardware and operating systems, database software and other software, when Dialogic has not approved such operating system, database software, and other software for use with the Software or Hardware;  Customer’s use of the Software or Hardware on non-approved equipment or at locations other than the Deployment Sites;  on-site support, which Customer may procure at Dialogic’s then-current rates; or  special services that may be requested by Customer, including, but not limited to: (a) customization services, such as support for customization of routing plans and digit analysis; custom system provisioning and configuration; trunk provisioning; , and (b) program management, single point of contact for program issues, cross-vendor program management, formal project planning, issue management, reporting and trending.

Service Exclusions. The Starter-Pack Services do not include:  • repairs required to correct malfunctions or Errors where the operating environment is different from that in which the Applicable Product was originally installed;  • repairs attributable to or required due to any unauthorized attempt by Customer or any other party to repair or maintain the Applicable Product;  • repairs resulting from the Customer’s attempt – by Customer or any other party - to de-install, install or to relocate and install the Applicable Product;  • repairs resulting from casualty, catastrophe, or natural disaster (including lightning damage), accident, misuse, neglect or negligence of Customer, or any causes external to the Applicable Product such as, but not limited to, failed or faulty electrical power or air conditioning, or any causes other than normal wear and tear from ordinary use, including failure on the part of Customer to perform specified routine preventive maintenance tasks per the recommended schedule for the Applicable Product;  • repairs for accessories, attachments or any other devices which are not identified in the applicable Orderdevices;  • repairs resulting from unauthorized changes, modifications or alterations or attachments of or to the Applicable Product;  • the furnishing of optional accessories or consumable supplies;  • installation/de-installation services and/or relocation/removal services;  • labor, parts and repairs necessary to restore the Applicable Product to good operating condition when the Product was not covered under a Dialogic warranty or under a Dialogic Support Services agreement immediately prior to this Agreement;  Starter-Pack • Services for third party software and/or for obsolete Software Releases.;  problems • issues in the operation or performance of the Applicable Products caused by third party software or hardware products;  • interaction between the Software or Hardware and operating systems, database software and other software, when Dialogic has not approved such operating system, database software, and other software for use with the Software or Hardware;  • Customer’s use of the Software or Hardware on non-approved equipment or at non-approved locations other than the Deployment Sitesor locales;  • Services that are made impossible for Dialogic to perform either entirely or within stated response time deadlines, such as for reasons including but not limited to Customer’s level of cooperation with Dialogic or Dialogic’s access to Customer systems; • on-site support, which Customer may procure at Dialogic’s then-current rates; or  • professional or special services that may be requested by Customer, including, but not limited to: (a) customization services, such as support for customization of routing plans and digit analysis; custom system provisioning and configuration; trunk provisioning; SS7 provisioning, and (b) program management, single point of contact for program issues, cross-vendor program management, formal project planning, issue management, reporting and trending.. If Dialogic determines that it is necessary to perform Services for an issue caused by any of the exclusions above (a “Customer-Generated Error”), Dialogic will notify Customer thereof as soon as Dialogic is aware

Service Exclusions. The Starter-Pack Services do not include:  repairs required to correct malfunctions or Errors where the operating environment is different from that in which the Applicable Product was originally installed;  repairs attributable to or required due to any unauthorized attempt by Customer or any other party to repair or maintain the Applicable Product;  repairs resulting from the Customer’s attempt to de-install, relocate and install the Applicable Product;  repairs resulting from casualty, catastrophe, or natural disaster (including lightning damage), accident, misuse, neglect or negligence of Customer, or causes external to the Applicable Product such as, but not limited to, failed or faulty electrical power or air conditioning, or any causes other than normal wear and tear from ordinary use;  repairs for accessories, attachments or any other devices which are not identified in the applicable Order;  repairs resulting from unauthorized changes, modifications or alterations or attachments of or to the Applicable Product;  the furnishing of optional accessories or consumable supplies;  installation/de-installation services and/or relocation/removal services;  labor, parts and repairs necessary to restore the Applicable Product to good operating condition when the Product was not under a Dialogic warranty or under a Dialogic Support Services agreement immediately prior to this Agreement;  Starter-Pack Services for third party software and/or for obsolete Software Releases.;  problems in the operation or performance of the Applicable Products caused by third party software or hardware products;  interaction between the Software or Hardware and operating systems, database software and other software, when Dialogic has not approved such operating system, database software, and other software for use with the Software or Hardware;  Customer’s use of the Software or Hardware on non-approved equipment or at locations other than the Deployment Sites;  on-site support, which Customer may procure at Dialogic’s then-current rates; or  special services that may be requested by Customer, including, but not limited to: (a) customization services, such as support for customization of routing plans and digit analysis; custom system provisioning and configuration; trunk provisioning; SS7 provisioning, and (b) program management, single point of contact for program issues, cross-vendor program management, formal project planning, issue management, reporting and trending.. If Dialogic determines that it is necessary to perform Services for a problem caused by any of the exclusions above (a “Customer-Generated Error”), Dialogic will notify Customer thereof as soon as Dialogic is aware of such Customer-Generated Error and, upon Customer’s approval, Dialogic will have the right to perform such services and invoice Customer at Dialogic’s then-current published time and materials rates for all such maintenance and support services performed by Dialogic. ANNEX A

Service Exclusions. The Starter-Pack Services do not include:  repairs required to correct malfunctions or Errors where the operating environment is different from that in which the Applicable Product was originally installed;  repairs attributable to or required due to any unauthorized attempt by Customer or any other party to repair or maintain the Applicable Product;  repairs resulting from the Customer’s attempt to de-install, relocate and install the Applicable Product;  repairs resulting from casualty, catastrophe, or natural disaster (including lightning damage), accident, misuse, neglect or negligence of Customer, or causes external to the Applicable Product such as, but not limited to, failed or faulty electrical power or air conditioning, or any causes other than normal wear and tear from ordinary use;  repairs for accessories, attachments or any other devices which are not identified in the applicable Order;  repairs resulting from unauthorized changes, modifications or alterations or attachments of or to the Applicable Product;  the furnishing of optional accessories or consumable supplies;  installation/de-installation services and/or relocation/removal services;  labor, parts and repairs necessary to restore the Applicable Product to good operating condition when the Product was not under a Dialogic warranty or under a Dialogic Support Services agreement immediately prior to this Agreement;  Starter-Pack Services for third party software and/or for obsolete Software Releases.;  problems in the operation or performance of the Applicable Products caused by third party software or hardware products;  interaction between the Software or Hardware and operating systems, database software and other software, when Dialogic has not approved such operating system, database software, and other software for use with the Software or Hardware;  Customer’s use of the Software or Hardware on non-approved equipment or at locations other than the Deployment Sites;  on-site support, which Customer may procure at Dialogic’s then-current rates; or  special services that may be requested by Customer, including, but not limited to: (a) customization services, such as support for customization of routing plans and digit analysis; custom system provisioning and configuration; trunk provisioning; , and (b) program management, single point of contact for program issues, cross-vendor program management, formal project planning, issue management, reporting and trending.

Service Exclusions. The Starter-Pack Services do not include:  repairs required to correct malfunctions or Errors where the operating environment is different from that in which the Applicable Product was originally installed;  repairs attributable to or required due to any unauthorized attempt by Customer or any other party to repair or maintain the Applicable Product;  repairs resulting from the Customer’s attempt to de-install, relocate and install the Applicable Product;  repairs resulting from casualty, catastrophe, or natural disaster (including lightning damage), accident, misuse, neglect or negligence of Customer, or causes external to the Applicable Product such as, but not limited to, failed or faulty electrical power or air conditioning, or any causes other than normal wear and tear from ordinary use;  repairs for accessories, attachments or any other devices which are not identified in the applicable Order;  repairs resulting from unauthorized changes, modifications or alterations or attachments of or to the Applicable Product;  the furnishing of optional accessories or consumable supplies;  installation/de-installation services and/or relocation/removal services;  labor, parts and repairs necessary to restore the Applicable Product to good operating condition when the Product was not under a Dialogic warranty or under a Dialogic Support Services agreement immediately prior to this Agreement;  Starter-Pack Services for third party software and/or for obsolete Software Releases.;  problems in the operation or performance of the Applicable Products caused by third party software or hardware products;  interaction between the Software or Hardware and operating systems, database software and other software, when Dialogic has not approved such operating system, database software, and other software for use with the Software or Hardware;  Customer’s use of the Software or Hardware on non-approved equipment or at locations other than the Deployment Sites;  on-site support, which Customer may procure at Dialogic’s then-current rates; or  special services that may be requested by Customer, including, but not limited to: (a) customization services, such as support for customization of routing plans and digit analysis; custom system provisioning and configuration; trunk provisioning; , and (b) program management, single point of contact for program issues, cross-vendor program management, formal project planning, issue management, reporting and trending.. If Dialogic determines that it is necessary to perform Services for a problem caused by any of the exclusions above (a “Customer-Generated Error”), Dialogic will notify Customer thereof as soon as Dialogic is aware of such Customer-Generated Error and, upon Customer’s approval, Dialogic will have the right to perform such services and invoice Customer at Dialogic’s then-current published time and materials rates for all such maintenance and support services performed by Dialogic. Annex A Applicable Products The following Dialogic® product families are elidgeable for coverage under this Agreement: Dialogic® Product Family 1 Dialogic® PowerMedia™ HMP 2 Dialogic® Brooktrout® Fax Software 3 Dialogic® PowerMedia™ XMS (by exception only)

Service Exclusions. The Starter-Pack Services do not include:  repairs required to correct malfunctions or Errors where the operating environment is different from that in which the Applicable Product was originally installed;  repairs attributable to or required due to any unauthorized attempt by Customer or any other party to repair or maintain the Applicable Product;  repairs resulting from the Customer’s attempt to de-install, relocate and install the Applicable Product;  repairs resulting from casualty, catastrophe, or natural disaster (including lightning damage), accident, misuse, neglect or negligence of Customer, or causes external to the Applicable Product such as, but not limited to, failed or faulty electrical power or air conditioning, or any causes other than normal wear and tear from ordinary use;  repairs for accessories, attachments or any other devices which are not identified in the applicable Order;  repairs resulting from unauthorized changes, modifications or alterations or attachments of or to the Applicable Product;  the furnishing of optional accessories or consumable supplies;  installation/de-installation services and/or relocation/removal services;  labor, parts and repairs necessary to restore the Applicable Product to good operating condition when the Product was not under a Dialogic warranty or under a Dialogic Support Services agreement immediately prior to this Agreement;  Starter-Pack Services for third party software and/or for obsolete Software Releases.;  problems in the operation or performance of the Applicable Products caused by third party software or hardware products;  interaction between the Software or Hardware and operating systems, database software and other software, when Dialogic has not approved such operating system, database software, and other software for use with the Software or HardwareSoftware;  Customer’s use of the Software or Hardware on non-approved equipment or at locations other than the Deployment Sites;  on-site support, which Customer may procure at Dialogic’s then-current rates; or  special services that may be requested by Customer, including, but not limited to: (a) customization services, such as support for customization of routing plans and digit analysis; custom system provisioning and configuration; trunk provisioning; SS7 provisioning, and (b) program management, single point of contact for program issues, cross-vendor program management, formal project planning, issue management, reporting and trending.. If Dialogic determines that it is necessary to perform Services for a problem caused by any of the exclusions above (a “Customer-Generated Error”), Dialogic will notify Customer thereof as soon as Dialogic is aware of such Customer-Generated Error and, upon Customer’s approval, Dialogic will have the right to perform such services and invoice Customer at Dialogic’s then-current published time and materials rates for all such maintenance and support services performed by Dialogic. ANNEX A