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Appendix A - Contract on operating Debian Edu / Skolelinux

Contract no.: ..................

Customer no.: ..................

CONTRACT ON OPERATING DEBIAN EDU / SKOLELINUX

between

Driftselskapet AS, Maskinrommet 1, 0313 Oslo

Org.no.: 989 313 313

(hereafter called The Vendor)

and

NN

Org.No:

(hereafter called The Customer)

The parties have reached an agreement on the delivery of operational services (hereinafter The Agreement) on subsequent contractual terms. The following appendixes are part of The Agreement:

• Appendix 1 - Definitions
• Appendix 2 - Customer Obligations
• Appendix 3 - The Vendor's obligations
• Appendix 4 - Prices and terms of payment
• Appendix 5 - General provisions
• Appendix 6 - The proxy Persons

The agreement is valid from the signing date and a minimum of 12 months from The Delivery date. The agreement is then renewed automatically for periods lasting 12 months unless one of the parties denounces the Agreement in writing, three months before the expiry of a contract period.

The contract is signed in two - 2 - copies, and each of the parties keeps one - 1 - copy.

Place: .............................

Date: .................. 2006

For The Vendor: ....................................................

For The Customer: ....................................................

Appendix 1 - Definitions

Appendix 2 - Customer Obligations

1. ICT skill requirements

ICT administrator (1 - 3 named persons at the customer) to deal with inquiries from users related to the use of the applications included in Skolelinux/Debian Edu. ICT administrator shall have sufficient expertise to make a qualified assessment of whether a problem is related to the use or operation of the system.

The ICT administrator should contact the supplier's the user support center by phone or e-mail. The customer's users should not contact the supplier directly.

2. Machine requirements

The Customer should have installed and tested that the equipment operates satisfactorily before the delivery day.

3. Program requirements

The customer shall, before delivery day, have installed Skolelinux / Debian Edu to get a verified, satisfactory functioning installation.

4. Communication requirements

The Customer shall, before the delivery date, have installed and configured communication with the Internet and tested it works satisfactorily. To make it possible to provide services, the customer must arrange for the contractor to be able to access the customer's ICT-facilities via the Internet.

5. Information from The Vendor

When all the above requirements are met, the customer shall notify the contractor, in writing or by e-mail, that the ICT-system is prepared for the contractor for provide services.

A list of all the users of the system including full name, username and wanted password should be sent electronically to the Vendor at the latest together with this message.

Appendix 3 - The Vendor's obligations

1. Delivery day requirements

The supplier shall, after receiving notification from the customer in accordance with Appendix 2, paragraph 5, as soon as possible arrange for the Customer to receive the provided services. Delivery date shall be no later than 4 weeks after such notice is received by the supplier.

2. Information to The Customer

When all the above requirements are met, the contractor shall notify the customer, in writing or by e-mail, that the ICT-system is prepared for the customer to receive the provided services.

3. Service requirements

The following table shows all relevant services related to operating Skolelinux/!DebianEdu. The crosses in the table show the responsibilities between the Supplier and the Customer for the different services:

Delivered (incl.) are carried out by the supplier and included in the Agreement price. Delivered (running) performed by the Supplier at the Customer's account in accordance with the rates in Chapter 7. The Customer, is done by the Supplier at the Customer's expense.

4. Response time requirements

The supplier shall without undue delay, start troubleshooting and problem solving. ICT administrator should be held continuously updated on the status and progress of error correction.

5. Skill requirements

The supplier shall at all times have sufficient resources with relevant expertise to provide services in a professional manner

Appendix 4 - Prices and terms of payment

1. Compensation for services provided

The compensation for the services provided is calculated on the basis of the number of workstations on the network. The agreement includes a minimum of 60 workstations. The Customer shall pay the Supplier £78 per year per workstation, excluding VAT, in compensation for the services provided, i.e. £390 per month excluding VAT for 60 workstations.

If the number of workstations changes the customer shall give the supplier a written notice thereof with the corresponding dates for the change. Adjustment of the billing basis with a possible recalculation will be included in the next invoice

2. Consultant support

Hourly rate for consultancy is NOK 800 (65 £) ex Moms (VAT). All work on an ongoing bill should be approved by the customer before work starts. Documented travel expenses are charged to the client. Compensation for travel time calculated by the elapsed time with hourly rate NOK 400 ex Moms.

3. Payment conditions

Compensation for the services provided is billed in advance for each quarter. For the first quarter, billing starts from the delivery date and runs until the end of the current quarter.

Compensation for consultancy is billed as after-payment on the basis of agreed and work performed.

All invoicing is done within a 30 days deadline.

4. Price regulation

Prices may be adjusted every year with the increase in the national consumer price index (SSB CPI). This can take place for the first time one year after signing the agreement.

Appendix 5 - General provisions

1. The parts' cooperation and duties

General

The parties shall cooperate to achieve the most efficient implementation of the Agreement. Both parties may, in writing, summon one another to meet with five business days' notice to discuss matters arising in connection with the implementation of the Agreement. The parties are obliged, without delay, to notify each other about matters that they understand or should understand may affect the implementation of the Agreement. Such notification does not relieve the parties from the responsibilities resulting from the Agreement.

The suppliers duties

The Supplier undertakes to supply the contract business performance at the terms of the Agreement. The supplier undertakes to allocate the resources necessary to implement the commitments in the Agreement.

Customer duties

The customer shall pay the agreed compensation. The customer must assist the supplier so that the supplier will not be delayed or otherwise prevented from fulfilling the obligations. The customer undertakes to allocate the necessary resources, and ensure the necessary assistance from a third party where this is agreed.

2.Confidentiality

The parties are mutually obliged to keep confidentiality and not disseminate information which they become aware of in connection with carrying out the out the Agreement, to the extent that such information is not considered public. The same applies to all the material which is marked confidential. personal matters, and information that could harm the parties or that can be exploited by outsiders in business. This duty of confidentiality applies to the parties and their employees and others acting on behalf of the parties in connection with carrying out the of the Agreement. The duty of confidentiality applies correspondingly after the termination of the Agreement.

3.Force majeure

In the event of an extraordinary situation outside control of the parties, which could not be foreseen at inception and which significantly hampers the fulfilment of a party duties, the other party shall be notified without undue delay. The affected party's obligations are suspended to the extent that is relevant so long as the extraordinary situation prevails. The other party in return suspended for the same period. Either party may terminate the Agreement by giving one month's written notice if the force majeure situation makes it particularly burdensome to maintain the Agreement.

4. Transfer of the agreement

Parties may only reassign their rights and obligations under the agreement with the written consent of the counterparties. Consent may not be unreasonably withheld. It is not considered as transfer if one of the parties mergea with one or more other companies or the assignment is to a subsidiary. Right to compensation under this Agreement may be assigned freely, but such transfer does not relieve the Contractor from its obligations and responsibilities.

5. Non-fulfilment

5.1 Delay of the delivery date

a. Liquidated damages

If delivery does not happen on the date agreed between the parties, and this is not due to the circumstances mentioned in Clause 3 or circumstances the Customer is responsible for, then a daily penalty is applied from the agreed delivery date. The penalty fee is 0.1% of the agreed annual compensation for the portion of services provided that are delayed, calculated per calendar day of delay and up to a maximum of 60 days. As long as daily penalties are being applied, the customer may neither terminate the Agreement nor demand a discount or other compensation for the delay.

b. Canceling

If the delivery date has not occurred by the end of liquidated damages period, you may terminate the Agreement with immediate effect.

c. Delay caused by customer

In case of delay caused by customer the supplier may, by written notice, cancel their work until the customer takes corrective action. The supplier is entitled to recover their additional costs as a result of customer's breach, and a reasonable time to the reassignment of resources.

5.2 Defaults in the operating period

5.2.1 The suppliers non-fullfillment

a. Shortcomings

There is a shortcoming of the supplier if services provided do not meet the requirements and specifications stipulated in the Agreement, and this causes a circumstance for which the supplier is responsible. If there is a shortcoming in operating performance, the supplier shall without undue delay remedy the defect. Where a defect can not be repaired within a reasonable time the Customer shall be entitled to a proportionate discount, ref. Section b. Below.

b. Price discount for shortcomings

If the client has not been able to use the services provided, fully or partially, as a result of the defect, the customer has the right, in the period from when the error or defect was notified in writing until the defect is corrected, to receive a proportionate discount. Any refund due to lack of availability due to the same circumstance, is deducted when calculating the discount.

c. Canceling

In the event of any other shortcoming, that is significant to the customer's use of the services provided, and is not corrected within 30 business days after the Customer notified the supplier in writing about the shortcoming, the Customer may notify the supplier in writing of intent to terminate the Agreement. If the supplier, after such notice, has not rectified the situation within 14 business days, the customer is entitled to terminate the Agreement with immediate effect.

5.2.2 The customers non-fullfillment

If the customer does not pay on time, the supplier is entitled to interest for the amount that is overdue. (In Norway, this arises from a law relating to interest on late payment of 19. Dec. 1976 no. 100, § 3, first paragraph.) In cases where the payments plus interest are not paid within 14 days of the due date, the supplier can issue written notice that the services provided will be discontinued, or that the agreement will be terminated, unless the customer settles all outstanding bills within 7 days of receipt of this notification. Upon termination of the Agreement due to the customer's fault, the supplier shall be indemnified by the customer for the costs and liabilities undertaken in connection with the Agreement.

6.Replacement

The customer may demand compensation for losses that can be reasonably attributed to the shortcoming, unless the supplier can demonstrate that the breach, or the cause of the breach, not attributed to him. Any liquidated damages caused by delay in accordance with Clause 5a for the same breach is deducted by calculating compensation. If the customer defaults on its obligations under this Agreement, supplier shall be entitled to recover their additional costs that may reasonably be attributed to the Customer defaults, unless the Customer can prove that the breach, or cause of the breach can not be attributed to him.

Parties are not responsible for the other party's indirect losses, including expected savings or gains. Indirect losses included among others

• Losses due to reduced or lost production or sales (operational interruption);
• Losses arising because the services provided can not be used as intended (consequential losses);
• Lost profits as a result of a contract with a third party that is dropped or not fulfilled properly.

Parties liability towards each other is limited to the agreed annual compensation, or a maximum of NOK 1 million, regardless of the number of damage cases. The limitations of the parties' liability does not apply, if the party or anyone he is responsible for, has shown gross negligence or willful misconduct.

7. Legal defects

If a third party asserts that the use of software that the Customer or Vendor has license responsibility goes against the third party's rights, the Party shall ensure that appropriate rights are retained or acquired, or that other equivalent software functionality is obtained without charge to the other party. Should claims arise from a third party against the Customer or Vendor on the basis of defects inherent in the relationship of the other Party, that Party undertakes its own expense to assist and eventually lead case for both parties. From the time a party takes over the case, the other party is obliged to assist the special compensation.

8. Responsibility for subcontractors

Parties are fully accountable for agreed services that are performed by subcontractors.

9. Regulating the termination of the Agreement

Upon termination, the parties shall draw up a joint plan of liquidation of the customer relationship and obligations by mutual to assist each other in the practical work in this liquidation. The vendor is obliged by termination of this Agreement to return Client software and current data in the agreed format. The Customer chooses the means of transport and is responsible for transportation from the Vendors' premises. The Customer undertakes immediately after termination of the Agreement to return all equipment belonging to the Vendor. The Vendor chooses the mode of transport and is responsible for transportation from the Vendor's premises.

10. Legalities and solving disagreements

The rights and obligations under this Agreement shall completely follow the Norwegian law. Upcoming Disagreements in connection with this Agreement shall be resolved by negotiation between the parties. If the parties fail within two weeks not to solve the disagreement through negotiations, either party may require the dispute to be resolved by arbitration under the rules of the law of 13 August 1915 No. 6, Chap. 32 (Civil Procedure). Each party shall appoint one arbitrator who together appoint the arbitration tribunal. If a party fails to designate its representative within two weeks after the other has demanded arbitration and appointed its representative, he will be appointed by the Chief Justice of the Oslo District Court. The same applies for the election of the chairman if the two arbitrators members have not chosen the President within 14 days after both being appointed.

Appendix 6 - Contacts and addresses

1. Correspondence Requests regarding the agreement shall be in writing and addressed as follows:

2. Authorized persons

The following persons do have authority to sign on their part according to the agreement.