TAC ALLOCATION INTERIM TERMS AND CONDITIONS

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Ralf Harris
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GSM Association 1 st Floor, Mid City Place, 71 High Holborn, London WC1V 6EA Tel +44 7759 2305 Fax +44 20 7759 2301 http://www.gsmworld.

1 GSM Association 1 st Floor, Mid City Place, 71 High Holborn, London WC1V 6EA Tel Fax TAC ALLOCATION INTERIM TERMS AND CONDITIONS These are the terms and conditions ("Terms and Conditions") between you ("You" or "Manufacturer"), and the GSMA Ltd. with its office at 1000 Abernathy Road, Suite 450, Atlanta, Georgia 30328, United States of America ("GSMA"), together "Parties", governing your agreement with the GSMA for TAC allocation ("Agreement"). WHEREAS: (A) The GSMA, as the industry appointed Global Decimal Administrator ("GDA"), has primary responsibility for coordinating the overall allocation of equipment identifiers to device manufacturers in accordance with the specifications developed by 3GPP ("Type Allocation"); (B) The term Type Allocation refers to the process by which "Mobile (Telecommunication) Equipment" ("ME") is allocated a "Type Allocation Code" ("TAC") and an "International Mobile Equipment Identifier" ("IMEI") number range; (C) In discharging its responsibilities as the GDA, GSMA has delegated the task of the Type Allocation to a number of regional administrators, also known as a "Reporting Body" ("RB"). The RBs will assist the GSMA in the allocation of TACs for MEs. (D) The GSMA and You wish to establish terms, which will govern the allocation of one or more TACs to You. NOW THEREFORE it is hereby agreed as follows: 1. The GSMA, in its capacity as the GDA, shall maintain a centralized list of all equipment identifiers issued by the RBs. The information in the list shall be made available to mobile network operators via an IMEI

2 database (IMEI Database") as a "White List" of mobile equipment permitted for use on mobile networks. 2. You recognize that TAC and IMEI number ranges are a finite resource. In accordance with any obligation regarding the use of TACs imposed on you in DG06 - IMEI Allocation and Approval Guidelines, you agree to use the available TAC and IMEI resources in an efficient manner in order to minimize waste and unnecessary TAC allocations. 3. The GSMA charges a fee for the TAC allocation in order to recover any cost associated with the set-up, maintenance, improvement and expansion of services associated with the IMEI Database. You undertake to pay to GSMA the appropriate fees [SP] as they may fall due, in accordance with the payment terms outlined in (Schedule 3 ) (as amended by the GSMA from time to time) ("Fees"). You will make payment of each invoice for the Fees within thirty days of the date of issue. The Fees do not include Value Added Tax. To the extent that the Fees are subject to Value Added Tax, the Fees will be increased by the amount of such tax and the GSMA reserves the right to recover such tax from you at any time 4. For the duration of the Agreement (i) GSMA hereby grants You a fully paid up license, to use the Type Allocation process; and (ii) You hereby grant the GSMA a royalty free license, with the right to sublicense, to [SP] use any material that You have provided to the GSMA, for the maintenance, improvement and expansion of services associated with the IMEI Database. In each case in accordance with the terms of this agreement. 5. The Agreement is the entire agreement between the parties relating to the subject matter and supersedes any prior agreement, representations, communications, undertakings, or discussions relating to the subject matter

3 SCHEDULE 3 FEES TAC ALLOCATION CHARGES 1. The GSMA will charge Manufacturers a fee for the TAC Allocation process in order to recover the costs associated with the administration, promotion, generation, allocation and management the TACs. 2. Upon payment of the appropriate fees set out below ( Fees ), the Manufacture will have access to the TAC Allocation service, as set out in the main body to this Agreement, for a period of 12 months ( Term ), commencing from the first date of access to this Type Allocation service. 3. TACs do not have an expiration date and can be used at any time during any Term. 4. All Fees for access to the TAC Allocation service for the first Term have to be paid in advance, prior to the 1st date of access to the Type Allocation service. 5. All Fees for subsequent Terms shall be paid on the anniversary of the 1st date of access to the Type Allocation service. 6. All payments need to be either made by Credit Card, Wire Transfer, Paypal via the TAC/IMEI Portal. 7. Fee Structure Access Fee and TAC Allocation Allowance Bands Band 1 - Access Fee for a Term ( Access Fee ) and TAC Allocation Fee for first 1-2 TACs Band 2 -TAC Allocation Fee for an additional 3-10 TACs Band 3 - TAC Allocation Fee for an additional TACs Manufacturers without existing TAC Allocation in 2008 if TAC Allocation in excess of 30 TACs. Amounts $2000 $2000 Additional $4000 Additional $6000 $300 per TAC Special Rate for Existing Users with 2008 TAC Total Fee including Access and Fees for lower Bands $6000 $12000 Amounts

4 Allocation Band 4 - For Manufacturers with existing TAC Allocation in in case of TAC Allocation of 31+ TACs. Existing 2008 TAC Allocation in excess of 30 TAC Allocations grandfathered ( Grandfathered Limit ). Additional TACS beyond Grandfathered Limit are allocated in bundles of 10 ( Bundle ). All inclusive 12 months fee: $12000 (including access fee) $3000 for each additional Bundle. 8. As set out in Clause 7 above, the TAC Allocation process currently consists of 4 TAC Allocation Allowance Bands. Each band shall be known as a Allowance Band. 9. On the anniversary of the first access, each Manufacturer will be placed into the same Allowance Band as the previous Term for the following Term. 10. Manufacturers planning to stay in the same Allowance Band as in the previous Term, will be charged the same. Fee as in the previous Term (save any additional allocations in Band 3 and Band 4). 11. If the Manufacturer plans to use more TACs in the next Term, it can inform the GSMA about the planned increase of TACs, to be used by the Manufacturer in the next Term. Upon paying the Fees for the next Allowance Band, the appropriate number of TACs for the next Allowance Band are allocated to the Manufacturer for the next Term. 12. If the Manufacturer plans to use less TACs in the next Term, the Manufacturer can reduce the Allocation Band and only pay, for the next Term, the appropriate Fees for the new Allowance Band. 13. Where a Manufacturer has taken a block of TACs and does not need to come back for more TACs for more than a Term, in order to access more TACs, the GSMA has the right to: (i) place the Manufacturer in a different Allowance Band; (ii) set for the Manufacturer a new Allocation Band fee; and (iii) demand from the Manufacturer an additional fee for Band 1 for each sleeping Term. 14. As long as the Manufacturer has fully paid up its Fees for the appropriate Allocation Band for a Term, the Manufacturer will be able to gain access to any

5 additional TACs within that Allowance Band for no extra cost. 15. If in any Term, the Manufacturer needs additional TACs over and above its then current Allowance Band, the Manufacturer will be able to switch from their current Allowance Band to the next higher one (save Manufacturers in Band 3, i.e. without existing TAC Allocation in 2008). 16. Upon the switch in accordance with Clause 15, the Manufacturer will be charged the difference between their current Allowance Band Fee and next Allowance Band Fee. In the following Term, they will be charged a Fee based on the most recent (upgraded) Allowance Band. If, however, the Manufacturer notifies the GSMA, at the end of a Term, that for the next Term, they will wish to revert to their original Allowance Band of the Term, the GSMA will revert the Manufacturer back to the original Allowance Band of the current Term for the next Term and charged accordingly. I accept the above terms and conditions and agree to abide by them:- Date:- Companies:- Name:- Signature:- Company stamp:-

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