/s/ Attiazaz "Bob"
Din
/s/ Nitin Shah
Signature
Signature
Attiazaz "Bob" Din,
President
Nitin Shah, President____________
Print Name and
Title
Print Name and Title
Date
September 2,
2008
Date
September
2, 2008
En Pointe Technologies, Inc.
/s/ Attiazaz "Bob" Din
Signature
Attiazaz "Bob" Din, President
Print Name and Title
Date
September 2, 2008
EXHIBIT E
Special Terms and Conditions
Telephony, Circuitry and Information Technology Infrastructure Services Usage
The following Special Terms and Conditions shall apply to all Statements of Work
and/or Exhibits which involve the use by EPGS of any En Pointe Technologies,
Inc. or En Pointe Technologies Sales, Inc. Telephony, Circuitry and Information
Technology Infrastructure Services.
1.Disclaimer of Warranty.
TELEPHONY, CIRCUITRY, AND INFORMATION TECHNOLOGY
INFRASTRUCTURE SERVICES AND ANY EQUIPMENT OR MATERIALS WHICH MAY BE PROVIDED
THEREWITH OR IN CONNECTION THERWITH, AND ALL ASSOCIATED DOCUMENTATION AND
MATERIALS ARE PROVIDED TO EPGS AND ANY OF ITS END-USERS "AS IS" WITHOUT ANY
WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, EN POINTE, EN POINTE SALES
AND ALL OF THEIR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES,
CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER EN POINTE, EN POINTE SALES NOR
ANY OF THEIR SUPPLIERS WILL BE LIABLE FOR ANY THIRD-PARTY NETWORK FAILURE. EN
POINTE AND ITS SUPPLIERS SPECIFICALLY DO NOT WARRANT THAT THE SOFTWARE, SERVICES
OR DELIVERABLES WILL MEET CUSTOMER OR END-USER REQUIREMENTS AT ALL TIMES, WILL
BE UNINTERUPTED, TIMELY, SECURE, ERROR FREE, AVAILABLE AT A PARTICULAR
EPGS-SPECIFIED DATE OR TIME OR WILL HAVE THE
CAPACITY TO MEET DEMAND DURING SPECIFIC HOURS. ACCESS TO ANY NETWORK CANNOT BE
GUARANTEED AND DISCONNECTION MAY OCCUR FROM TIME TO TIME. EPGS ACKNOWLEDGES THAT
IT HAS NOT ENTERED INTO ANY STATEMENT OF WORK OR ANY OTHER AGREEMENT IN RELIANCE
UPON ANY WARRANTY OR REPRESENTATION WITH RESPECT TO TELEPHONY, CIRCUITRY, AND/OR
INFORMATION TECHNOLOGY INFRASTRUCTURE SERVICES.
2. Limitation of Liability.
IN NO EVENT WILL EN POINTE, EN POINTE SALES OR ANY
OF THEIR SUPPLIERS BE LIABLE TO CUSTOMERS OR END USERS OR TO ANYONE WITH WHOM
THE FOREGOING COMMUNICATE, FOR ANY LOST PROFITS, LOST DATA, OR EQUIPMENT
DOWN-TIME, OR FOR ANY SPECIAL, INCIDENTIAL, EXEMPLARY, PUNITIVE, INDIRECT OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES
DESCRIBED IN THE EXHIBITS "TELEPHONY AND CIRCUITRY" AND/OR "INFORMATION
TECHNOLOGY INFRASTRUCTURE SERVICES", OR EITHER PARTY'S USE OF ANY THIRD-PARTY
SOFTWARE OR SERVICE PROVIDER, ANY EN POINTE SERVICE OR COMMUNICATIONS PROVIDER
SUPPLIER WEB CONTENT, ANY OTHER MATERIALS PROVIDED PURSUANT TO THE STATEMENTS OF
WORK DESCRIBED HEREIN OR ANY DELIVERABLE ASSOCIATED THEREWITH, WHETHER FROM
BREACH OF CONTRACT OR WARRANTY, FROM NEGLIGENCE, STRICT LIABILITY OR OTHER CAUSE
OF ACTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL EN POINTE'S AND EN POINTE SALES' AGGREGATE LIABILITY
RELATED TO THIS STATEMENT OF WORK EXCEED THE FEES ACTUALLY PAID BY EPGS FORTHE
SIX (6)MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. THE FOREGOING
LIMITATION IS CUMULATIVE WITH