0001193125-05-025229 Sample Contracts

Amendment to Subscriber Unit License Agreement and DMSS Software Agreements (the “Amendment”)
Subscriber Unit License Agreement • February 10th, 2005 • Axesstel Inc • Communications equipment, nec

QUALCOMM Incorporated (“QUALCOMM”), a Delaware corporation, and Axesstel, Inc. (“Axesstel” or “LICENSEE”), a California corporation, hereby agree to amend the following agreements between the Parties (i) that certain Subscriber Unit License Agreement dated November 14, 2000, as amended (collectively, the “License Agreement”); (ii) that certain DMSS5100 Software Agreement dated December 5, 2002, as amended (the “DMSS5100 Agreement”); and (ii) that certain DMSS5010 Software Agreement dated November 26, 2003 (the “DMSS5010 Agreement”) as follows:

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QUALCOMM and Axesstel Expand CDMA License Agreement for Mobility
Axesstel Inc • February 10th, 2005 • Communications equipment, nec

SAN DIEGO — February 9, 2005 — QUALCOMM Incorporated (Nasdaq: QCOM), pioneer and world leader of Code Division Multiple Access (CDMA) digital wireless technology, and Axesstel, Inc. (AMEX: AFT), a leading designer, developer and marketer of fixed wireless voice and data products for the worldwide telecommunications market, today announced that the companies have expanded the scope of their existing license agreement. Under the terms of the new worldwide, royalty-bearing license, QUALCOMM has granted Axesstel a patent license to develop, manufacture and sell mobile cdmaOne™ (IS-95) and CDMA2000® subscriber units. Axesstel had previously been licensed solely for cdmaOne and CDMA2000 fixed wireless terminals.

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