MAS - Splash Business Intelligence, Inc. - 47QTCA19D008Y

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GENERAL SERVICES ADMINISTRATION

Federal Acquisition Service

Authorized Federal Supply Schedule FSS Price List

On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!®, a menu-driven database system. The INTERNET address GSA

Advantage!® is: GSAAdvantage.gov.

Multiple Award Schedule

FSC Group: Information Technology FSC Class: IT Software

Contract Number: 47QTCA19D008Y

Period Covered by Contract: March 29, 2019 through March 28, 2029

Splash Business Intelligence, Inc.

3079 Peachtree Industrial Blvd, Duluth GA 30097 Phone: 678-248-5756

Fax: 770-234-3867 http://www.splashbi.com

Contract Administrator: Crystal Sells E-Mail: crystal.sells@splashbi.com

Business Size: Small, SBA Certified Small Disadvantaged

For more information on ordering on ordering go to the following website:

https://www.gsa.gov/schedules.

Price List current through Modification PS-0021, effective September 12, 2025

Prices Shown Herein are Net (discount deducted)

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Customer Information 1a. Table of awarded special item numbers with appropriate cross-reference to item descriptions and awarded prices.

Special Item Number 511210: Software License Special Item Number 54151: Software Maintenance Services Special Item Number 54151S: Information Technology Professional Services Special Item Number OLM: Order-Level Materials (OLMs)

1b. Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract. This price is the Government price based on a unit of one, exclusive of any quantity/dollar volume, prompt payment, or any other concession affecting price. Those contracts that have unit prices based on the geographic location of the customer, should show the range of the lowest price, and cite the areas to which the prices apply.

See Approved GSA Pricing.

1c. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided.

See below.

2. Maximum order.

SINS 511210, 54151, and 54151S: $500,000

SIN OLM: $250,000

3. Minimum order.

$100

4. Geographic coverage.

The Geographic Scope of Contract will be domestic only.

5. Point of production.

Same as company address

6. Discount from list prices or statement of net price.

Government Net Prices (discounts already deducted.)

7. Quantity discounts.

Pre-determined Quantity/Volume discounts are only available to eligible products under

SINs 54151 and 511210.

8. Prompt payment terms.

None, (Net 30 Days)

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9. Foreign items.

All items are Trade Agreements Act complaint.

10a. Time of delivery.

As Negotiated

10b. Expedited Delivery. The Contractor will insert the sentence “Items available for expedited delivery are noted in this price list.” under this heading. The Contractor may use a symbol of its choosing to highlight items in its price lists that have expedited delivery.

As negotiated on the task order level.

10c. Overnight and 2-day delivery. The Contractor will indicate whether overnight and 2-day delivery are available. Also, the Contractor will indicate that the schedule customer may contact the Contractor for rates for overnight and 2-day delivery.

10d. Urgent Requirements. The Contractor will note in its price list the “Urgent Requirements” clause of its contract and advise agencies that they can also contact the Contractor’s representative to effect a faster delivery.

11. F.O.B. point.

Destination

12a. Ordering address.

Same as contractor

12b. Ordering procedures: See Federal Acquisition Regulation (FAR) 8.405-3.

13. Payment address.

Same as contractor

14. Warranty provision.

Standard Commercial Warranty

15. Export packing charges, if applicable.

Not Applicable

16. Terms and conditions of rental, maintenance, and repair are not applicable.

17. Terms and conditions of installation are not applicable.

18a. Terms and conditions of repair parts are not applicable.

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18b. Terms and conditions for any other services.

See approved EULA on page 12.

19. List of service and distribution points:

Same as contractor

20. List of participating dealers is not applicable.

21. Preventive maintenance is not applicable.

22a. Special attributes such as environmental attributes are not applicable.

22b. If applicable, indicate that Section 508 compliance information is available for the information and communications technology (ICT) products and services and show where full details can be found (e.g. contractor’s website or other location.) ICT accessibility standards can be found at: https://www.Section508.gov/. www. splashbi.com

23. Unique Entity Identifier (UEI) number: CMY8A5FJ59L5

24. Notification regarding registration in SAM.gov database: 7QCC3

Service Contract Labor Standards: The Service Contract Labor Standards (SCLS), formerly known as the Service Contract Act (SCA), is applicable to this contract as it applies to the entire Multiple Award Schedule (MAS) and all services provided. While no specific labor categories have been identified as being subject to SCLS/SCA due to exemptions for professional employees (FAR 22.1101, 22.1102 and 29 CRF 541.300), this contract still maintains the provisions and protections for SCLS/SCA eligible labor categories. If and / or when the contractor adds SCLS/SCA labor categories to the contract through the modification process, the contractor must inform the Contracting Officer and establish a SCLS/SCA matrix identifying the GSA labor category titles, the occupational code, SCLS/SCA labor category titles and the applicable WD number. Failure to do so may result in cancellation of the contract.

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Labor Category Descriptions

Job Title: IT Program Manager Functional Responsibilities:

Serves as program manager for a large, complex project (or a group of projects affecting the same common/standard/migration system) and work with the Customer. Overall knowledge of relevant technologies in BI space. Familiar with Project Management rollouts (scrum, agile, etc) around Data Warehouse, Data Migration and Big Data projects. Acts as overall program manager and central point of contact for program wide IT solution activities. Responsible for planning and executing a project. Prepares and maintains the project schedule and budget. Prepares and delivers status reports to the customer.

Oversees all work and takes corrective action as necessary to ensure project success. Manages staffing, budget, prioritization, and other personnel matters. May serve as technical lead for the project.

Minimum Education: Bachelor's degree in Engineering, Business, Science or related disciplines.

Minimum/General Experience: 10+years of related industry experience

Job Title: IT Business Intelligence Consultant Functional Responsibilities: Senior BI consultants generate summary and specified dashboard accounts which represent operational data in brief and intelligible format, suitable for the target audience, which includes executive leadership department managers and executive board of directors. Solid knowledge of relevant technology concepts (e.g. mainframe, client-server, relational databases, and web-based architectures) and a working knowledge of Business Intelligence concepts (e.g. reporting, querying software, OLAP, spreadsheets, dashboards, and data mining). Help clients evaluate competitive offerings to mist efficiently use the combination of products and services to meet business requirements. Possesses good knowledge of either Informatica, Cognos, or OBIEE. They establish, support, and apportion data tools to the unit managers. He/she will actively determine prospective data and analytical requests to give support to management requirements. They carry out quality assessment of data, data reports and the accompanying decisions. They develop, document and implement data models for OLTP and OLAP systems, they also develop, document and implement data mappings for ETL implementations. Senior consultants BI also establish cost of models so as to suggest cost savings enhancement procedures and decision making business, Liaise with executive leadership to spearhead the organization in employing data-motivated decision making.

They also conduct analysis of findings and offer action-driven recommendations and insights to executive leaders and managers on the basis of results.

Minimum Education: Bachelor’s degree in Computer Science, Management Information System, Computer Information System, Engineering or equivalent experience.

Minimum/General Experience: 4 years of related industry experience

Job Title: Big Data Consultant Functional Responsibilities:

Model, design, develop, code, test, debug, document and deploy application to production through standard processes

Conduct design & code reviews in a Continuous Deployment environment Support system testing, user testing and production implementation.

Minimum Education: Bachelor’s degree in Computer Science, Management Information System, Computer Information System, Engineering or equivalent experience Minimum/General Experience: 6 years of related industry experience

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Job Title: Data Warehouse Consultant Functional Responsibilities:

Data Modeling, developing ETL mappings using ETL Tools or PL/SQL programming, and developing Reports & Analysis using tools from Oracle and other vendors.

Designs and builds proof-of-concept solutions. Creates functional and Technical Specs for Data Warehouse Design

Designs and implements dashboards and scorecards.

Minimum Education: Bachelor’s degree in Computer Science, Management Information System, Computer Information System, Engineering or equivalent experience Minimum/General Experience: 4 years of related industry experience

Job Title: IT Business Analyst Functional Responsibilities:

Writing and reviewing business, user and non-functional/system level requirements Responsible for ensuring change control and management procedures are followed within the project team as they relate to requirements Understanding the business case and project scope Works with the project team to determine appropriate test plans, deployment plans and supports the product launch Participates in the Quality Inspection process for all requirements Works to set correct customer expectations through project execution process and makes sure additional requirements are captured and documents and team are aware of all changes made Collaborate with the team in the overall solution design to close the gap between the “As-is” and

“To-be” state with requirements and change management needs Plan and facilitate required internal and external project meetings as directed by project requirements Perform critical analysis of client business situations to develop recommendations and conclusions Contribute to estimates of work and time required to complete projects and features Create and review project documents and ensure they are complete, accurate, current and stored appropriately, including use cases, user stories or other models as appropriate to describe and document client business scenarios.

Minimum Education: Bachelor’s degree in Computer Science, Management Information System, Computer Information System, Engineering or equivalent experience.

Minimum/General Experience: 2 years of related industry experience

Job Title: QA Engineer Functional Responsibilities:

Executes test cases.

Participates in reviews at all phases of the software development cycle Driven to deliver solutions that delight customers Ability/willingness to handle competing demands on limited time

Minimum Education: Bachelor’s degree in Computer Science, Management Information System, Computer Information System, Engineering or equivalent experience.

Minimum/General Experience: 2 years of related industry experience

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Job Title: Reports Developer, SplashBI

Create ad-hoc queries and reports as requested and provide on-going analytical support for these requests

Use SplashBI for developing reports and dynamic dashboards, and any additional BI tools Tune SplashBI queries to run efficiently in a large data volume environment Provide production support for SplashBI report users

Minimum Education: Bachelor’s degree in Computer Science, Engineering or equivalent experience.

Minimum/General Experience: 2 years of related industry experience

Job Title: Remote Reports Developer SplashBI Functional Responsibilities:

Create ad-hoc queries and reports as requested and provide on-going analytical support for these requests

Use SplashBI for developing reports and dynamic dashboards, and any additional BI tools Tune SplashBI queries to run efficiently in a large data volume environment Train users on reporting tool usage and best practice Provide production support for SplashBI report users

Minimum Education: Bachelor’s degree in Computer Science, Engineering or equivalent experience.

Minimum/General Experience: 2 years of related industry experience

Job Title: Applications Technical Consultant Functional Responsibilities:

As a member of the team, provide application development and integration services.

Supports the lifecycle management of the application by developing and maintaining scripts and tools that implement source control, build and deployment, configuration management, and release management.

Provide on-going maintenance and support of both COTS and custom applications.

Participates in technology discussions, and suggests improvements to technology and practices.

Minimum Education: Bachelor’s degree in Computer Science, Management Information System, Computer Information System, Engineering or equivalent experience.

Minimum/General Experience: 4 years of related industry experience

Job Title: Applications Functional Consultant Functional Responsibilities:

Gather Business requirements, Analyze and transform to application requirements, Fit-Gap Analysis, Functional Design approval process and strong interaction with development team to test and delivery the solution.

Support the User Acceptance test activities.

Minimum Education: Bachelor’s degree in Computer Science, Management Information System, Computer

Minimum/General Experience: 4 years of related industry experience

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Job Title: Programmer

Codes, and tests software based upon software specifications and designs.

Uses sound software engineering principles to ensure that developed code is modifiable efficient, reliable, understandable, and fault tolerant.

Provides software process management software process management and control throughout the coding portion of the software development process.

Minimum Education: Bachelor’s degree in Computer Science, Management Information System, Computer

Minimum/General Experience: 2 years of related industry experience

SplashBI Business Intelligence, Inc.

3079 Peachtree Industrial Boulevard Duluth, Georgia 30097, USA Tel : (678) 251-4678

SPLASHBI CUSTOMER ORDER FORM

Section 1 Customer Information

Customer Legal Name: Address:

Main Contact Name: Phone:

E-Mail:

Billing Main Contact: Phone:

Email:

Section 2 Solution Details

______ Year(s) Original Term Contract Contract Date:

Solution: SplashBI Excel Connect Mobile GL Connect

Deployment Type: On Premise License Type: User Based Servers/Instances Allowed

Production (PROD) Non-Production 1 Non-Production 2

Support Users with named support accounts

Discoverer Migration Utility

SplashBI - User Based SplashBI - Core Based

Total Number of Users Number of Cores; n/a Admin/Developer Total Cuncurrent Usersn/a Read Access User Max Concurrent Users per Core Mobile Recommended Users per Core Excel Connect Total Recommended Users Admin/Developer Users

GL Connect

Total Users

Connectors:

ERP: e.g. Oracle E-Business, Peoplesoft, etc.

Cloud: e.g. Salesforce, Marketo, Google Analytics, etc.

Database: e.g. SQL Server, MySQL, MS Access, etc.

3079 Peachtree Industrial Boulevard Duluth, Georgia 30097, USA

File & NoSQL : e.g. CSV, Excel, etc..

Pre-Built Content (If Applicable): Modules Oracle E-Business Suite e.g. Reports – AP AR GL; Dashboards – Finance, Payables Oracle Cloud Applications e.g. Reports – AP AR GL; Dashboards – Finance, Payables Other Cloud Applications e.g. Salesforce, Marketo, Google Analytics, etc.

Professional Services: Days: Description

Installation/QA 2 DBA and QA time to assist with installation and verification Training 2 Onsite/Remote End User, Admin, and Developer Training Consulting 2 Additional Days to assist as needed

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Section 3 Fees

User Costs: Qty Annual Cost/User

(USD) Gross Annual Cost Admin/Developer $ $

Read Access User $ $

Mobile $ $

Excel Connect $ $

Total User Cost (Yearly) $ $

Core Pricing (If Applicable): # Cores Per Core Total Core Cost

Connectors & Content: Qty Annual Cost/User Gross Annual Cost Oracle EBS $ $

Oracle EBS Modules $ $

Total C & C Cost (Yearly) $ $

Total Year After Year $ $

Professional Services: Days Rate Gross Cost Software Implementation, Training and Consulting (first year only) $ $

Total FIRST YEAR $ $

Summary:

First Year Cost $ Year 2 $

Year 3 $

Year 4 $

Year 5 $

*If needed, Minimum number of users to be added shall be in blocks of 10% of original purchase.

Payment Schedule: NET 30 Any State, Local, or use tax will be paid by the customer

Method of Payment: Bank Wire or Check

Service Term: The initial term of this Agreement shall be five (5) years (the “Initial Term”), with three 5-year options.

TERMS AND CONDITIONS

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Definitions

Software: Software is Splash Business Intelligence Inc’s Analytics platform which includes Dashboards, Reports, Charts, Excel Connect, Mobile Application, Connectors, Pre-built content for providing decision-making capabilities which can be delivered on a subscription or perpetual basis for a specified term.

Affiliate: means each legal entity that is directly or indirectly controlled by you on or after the Effective Date or for so long as such entity remains directly or indirectly controlled by you (where “controlled” means the ownership of, or the power to vote, directly or indirectly, a majority of any class of voting securities of a corporation or limited liability company, or the ownership of any general partnership interest in any general or limited partnership).

Agreement: means this License Agreement and any Ordering Document(s) and Statement(s) of Work between Splash BI and Customer that reference it.

Authorized User: means those uniquely identified individuals for whom the applicable license fees have been paid, as stated in the Ordering Document, who are authorized by you to install and/or use the functionality in the Software for any purpose regardless of whether those individuals are actively using the programs at any given time. Licenses granted on an Authorized User basis may be reassigned between uniquely identified individuals over time, but may not be reassigned so frequently as to enable the sharing of a single license between multiple users.

Instance: An instance is an installation of SplashBI on a server with a given port number. Multiple instances can be installed on a physical server on different port numbers.

Connector: A connector is a component of SplashBI that helps it to connect to the source system and extract the data.

There are three types of connectors. Database, File Based and Cloud Based.

Users:

A. Admin User: An administrator user has the most comprehensive control over Software functionality including user administration, connection maintenance, system-wide settings configuration, ERP Mapping, license administration, user permissions and more. This user can also schedule, and monitor system maintenance jobs required for optimum performance of Software. An Admin User can setup folders, user groups, configure settings, mappings, and run maintenance processes.

B. Developer User. A Developer User may be an administrator, a self-service (ad-hoc) developer, and/or a dashboard developer. Developer Users can create reports, charts, dashboards, domains, joins, tables, SQL, templates, and connections. They can also share reports with others and other relevant tasks. Additionally, Developer Users can run reports, charts, dashboards, and access detailed information about these reports. A Developer User can distribute, schedule and view past submissions.

C. User. A User can be a consumer or a developer (admin/self-service or dashboard). A named user license is based on a specific number of named users, while a core license is based on a specific number of cores designed to support a specific number of concurrent users. Named Users are identified by a unique username. Concurrent users are determined by the number of users logged into the system at the same time.

D. Mobile User. Mobile users are currently included as part of the named or core pricing models. Mobile Users are considered and counted as a concurrent user or a named user, depending on the license purchased.

E: Excel Connect User: This user has the ability to be in Microsoft Excel and be able to run, create, edit, copy, schedule, and distribute reports via a SplashBI Excel Connect plugin. The user can download and install the plugin from the SplashBI application.

3079 Peachtree Industrial Boulevard Duluth, Georgia 30097, USA Tel : (678) 251-4678

Pre-built Content/Analytics/Data Models: Pre-built content or Pre-built Analytics refers to the out of the box or seeded reports and dashboards that SplashBI offers for various data sources. Some of the pre-built analytics include pre-built SplashBI data models where data is stored to analyze. Customer is not allowed to modify the seeded content, but can copy and make changes (filter, color, pivots, columns, charts, etc.) to the format.

Key: In order to use the Software under this Agreement, you must activate your copy of the Software with the valid license key or activation code provided to you (“Product Key”) at the time of purchase and/or submit a uniquely identifiable user registration when prompted, in accordance with the scope of use and other terms specified for each type of Software, in the Documentation SplashBI will issue a key for the software to operate year after year upon the payment of the renewal invoice which will be sent approximately 60 days prior to expiration.

User-Based Server License: If your Server Software license is designated as User-Based, the count of Authorized Users enabled to use such Server Software in all Production and Non-Production Environments must not exceed the number of User licenses purchased on the applicable Ordering Document(s). For the avoidance of doubt, “User-Based” Server licenses are also referred to in the Ordering Documents or Documentation as “Web Client” Server licenses or “Interactor” Server licenses.

Core-Based Server License: If your Server Software license is designated on the applicable Ordering Document as Core-Based, for each such license an unlimited number of Authorized Users may use the Server Software (until Concurrency is reached), provided that the total number of Cores made available to each installation of the Server Software does not exceed the permitted number of Cores identified on your Ordering Document. When the Server Software is installed and distributed across multiple computers, all Cores made available to the Server Software from each computer count toward the total number of Cores licensed by you and identified on your Ordering Document.

"Core" means the processor or execution core within a computer’s central processing unit, whether such Cores are virtual or physical. For purposes of Core-Based Server licenses, Authorized Users do not need to be uniquely identified.

Concurrent User/Concurrency: means the active number of users (Admin Users, Developer Users, Users, Mobile Users, Excel Connect Users) that are logged in at the same time within the SplashBI system.

Non-Production Environments: You may use the Server Software in a technical environment and on the platforms and configurations specified in the Documentation, solely for internal development and testing in connection with your licensed Software, or for disaster recovery purposes (“Non-Production Environment”). Your installation, activation or use of a copy of the Software in a Non- Production Environment is limited to the same number of Authorized Users and/or permitted number of Cores and/or computers as provided on the SplashBI Customer Order Form. Your use of the Server Software in a Non- Production Environment may be concurrent with your use of the licensed Software in a Production Environment and such use is conditioned on you having an authorized license for the Software. You are only entitled to two (2) Non-Production Environments under this Agreement. Any additional licenses for Non-Production Environments, other than what is described in this Section, can be purchased by you and shall be subject to the additional terms and conditions contained in the applicable Ordering Document.

Production Environments. As it relates to the Server Software, your use of the Software for the purpose of creating, sharing, viewing and/or revising visualizations is considered use within a “Production Environment” and you are entitled to one (1) Production Environment for each Server Software license you purchase under this Agreement. Your use of the Server Software in a Production Environment allows for a single Production Environment regardless of the fact that single Production Environment may consume all the Cores identified on your Ordering Document.

Deployment Type: SplashBI software can be deployed in the following manner:

On Premises: SplashBI software is installed on premises in the customer environment that includes servers in its data centers, or its private cloud (AWS, Azure, RackSpace, etc), or in Third Party hosted data centers.

Private Cloud (SplashBI): An environment created exclusively for the customer by SplashBI. This environment can be maintained by the customer or by SplashBI for an appropriate fee. This can be accessed only from customer worksite or publicly (via a URL) as desired by customers.

Public Cloud (SplashBI): A partitioned environment created for the customer by SplashBI which co-exists with

3079 Peachtree Industrial Boulevard Duluth, Georgia 30097, USA Tel : (678) 251-4678 other customers. This environment will be maintained by SplashBI for an appropriate fee. This can be accessed only publicly via a URL.

Customer Data: means data generated by you or your Authorized User and used by or imported into the Software, but excludes data generated by a Client Sublicensee unless such data is combined with your data or is relevant to your provision of services to such Client Sublicensee.

Delivery Date: means the date on which both the SplashBI Products specified in the relevant Ordering Document and the license key(s) for such Products are initially made available (via download or otherwise) to the Customer or to the authorized reseller as applicable.

Documentation: means any supporting product help and technical specifications documentation provided by SplashBI with the Software to you, as the same may be modified from time to time in the sole discretion of SplashBI. Documentation is available upon the request of Customer at any time or upon Software download or service completion. CUSTOMER’S USE OF THE SPLASHBI PRODUCTS IS SUBJECT TO THE TERMS OF THE DOCUMENTATION AS IF SUCH

DOCUMENTATION WAS ATTACHED TO AND MADE A PART OF THIS AGREEMENT.

Effective Date: means the date of your first Ordering Document or the initial Delivery date of the Software (whichever is earlier).

License Term: means the Software license term specified on the applicable Ordering Document or by an Authorized Partner. The License Term may be for a fixed term or a limited term or perpetual.

Ordering Document or Order Form: means any order on a SplashBI order form that references this Agreement. Each Ordering Document which references this Agreement shall be deemed to be a part of this Agreement.

Party or Parties: means SplashBI and Customer, individually and collectively, as the case may be.

Software: means the proprietary SplashBI software product(s) provided in connection with this Agreement in object code form (or as otherwise specified in any related Ordering Document). “Software” shall also include any Support and Maintenance Services releases provided to you under this Agreement. Unless otherwise noted, the Software and Documentation are referred to collectively herein as “Software”.

1. SOFTWARE, SERVICES AND SUPPORT AGREEMENT

1.1 Subject to the terms and conditions of this Agreement and payment of license fees under an Ordering Document, SplashBI grants to Customer, and Customer accepts, a personal, non-transferable, non-sublicensable, nonexclusive limited subscription license to access and use the Software and Services set forth on each SplashBI Order Form in accordance with the documentation supplied by SplashBI, only during the Term set forth on such SplashBI Order Form and solely for Customer’s internal business purposes, including its operations, strategy and decision making process, in accordance with the license scope and terms set forth in the Sales Order. The Software and Services are subject to modification from time to time at SplashBI’s sole discretion, for any purpose deemed appropriate by SplashBI. SplashBI will use reasonable efforts to give Customer prior written notice of any such modification.

3079 Peachtree Industrial Boulevard

1.2 If Splash BI is hosting the Software, SplashBI will undertake commercially reasonable efforts to make the Software and Services available twenty-four (24) hours a day, seven (7) days a week, excluding scheduled or emergency maintenance or downtime caused by matters beyond its reasonable control. However, SplashBI does not warrant that Customer’s use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure or that it will be compatible with all of Customer’s equipment or software configuration or that the Software is designed to meet all Licensee's business requirements. Notwithstanding the foregoing, SplashBI reserves the right to suspend Customer’s access to the Software and Services in the event Customer is in breach of this Agreement, including failure to pay any amounts due to SplashBI.

1.3 Subject to the terms hereof, SplashBI will provide reasonable support to Customer for the Software and Services from Monday through Friday during SplashBI’s normal business hours and provision up to 5 Customer User ID’s on its Support Portal. Customer will remain current with SplashBI version and release levels as SplashBI will support only the then current version and one prior version.

1.4 Custom reports, if any, developed by or converted for the Customer are not covered in SplashBI standard maintenance and support for same but are supported through then negotiated cost detailed in the statement of work developed at the time of their development. .

1.5 The Discoverer Migration Utility from SplashBI, if included, is provided at no charge and does not guarantee 100% conversion of Customer workbooks.

2. RESTRICTIONS AND RESPONSIBILITIES

2.1 Access to the Software and Services may require the Customer to install certain other software applications.

2.2 Customer will not, and will not permit any third party to: reverse engineer, decompile, disassemble or otherwise attempt to obtain, discover, receive, review or otherwise use or have access to the source code, object code or underlying structure, ideas or algorithms of the Software and Services or any documentation or data related to the Software and Services (or any part thereof) (“Software”) (except to the extent applicable laws specifically prohibit such restriction);

modify, translate, or create derivative works based on the Software and Services; use the Software and Services for time sharing or service bureau purposes or for any purpose other than its own use for internal business purposes; or use the Software and Services other than in accordance with this Agreement and in compliance with all applicable laws and regulations. For the avoidance of doubt, Customer may not use the Software and Services in order to engage, directly or through any third party, in development of any product which is or may constitute a derivative work of the Software or may infringe on SplashBI’s intellectual property rights.

2.3 Customer will cooperate with SplashBI in connection with the performance of this Agreement by making available such personnel and information as may be reasonably required, and taking such other actions as SplashBI may reasonably request. Customer will also cooperate with SplashBI in establishing a password or other procedures for verifying that only designated employees of Customer have access to the Software and Services.

2.4 Customer acknowledges that the Software and Services operates on or with applications operated by third parties (“Third Party Software”). SplashBI is not responsible for the operation of any Third-Party Software nor the availability or operation of the Software and Services to the extent such availability and operation is dependent upon Third Party Software. Customer is solely responsible for procuring any and all rights necessary for it to access Third Party Software and for complying with any applicable terms or conditions thereof. SplashBI does not make any representations or warranties with respect to Third Party Software or any third-party providers. Any exchange of data or other interaction between Customer and a third-party provider is solely between Customer and such third-party provider and is governed by such third party’s terms and conditions.

2.5 Customer will designate an employee who will be responsible for all matters relating to this Agreement (“Primary Contact”). Customer may change the individual designated as Primary Contact at any time by providing written notice to SplashBI.

3079 Peachtree Industrial Boulevard Duluth, Georgia 30097, USA Tel : (678) 251-4678

2.6 . Although SplashBI has no obligation to monitor the conten provided by Customer or Customer’s use of the Software and Services, SplashBI may do so and may remove any such content or prohibit any use of the Software and Services it believes may be (or alleged to be) in violation of the foregoing.

2.7 Customer will be responsible for maintaining the security of Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account with or without Customer’s knowledge or consent.

2.8 Customer further acknowledges that any Third Party software licenses (any database or application such as Microsoft Office, Oracle, SAP, PeopleSoft Java, Adobe, Salesforce, etc.) that are required for the operation of SplashBI are the obligation of the Customer to obtain.

2.9 Third-Party Code.

2.9.1 The Software may contain or be provided with components which are licensed from third parties (“Third Party Code”), including components subject to the terms and conditions of “open source” software licenses (“Open Source Software”). Open Source Software may be identified in the Documentation, or in a list of the Open Source Software provided to you upon your written request. To the extent required by the license that accompanies the Open Source Software, the terms of such license will apply in lieu of the terms of this Agreement with respect to such Open Source Software, including, without limitation, any provisions governing access to source code, modification or reverse engineering.

2.9.2 The Software consumes certain Customer and third party services (Web Services, Extracts, Integrations, etc.) that may be allowed and available by the Customer or the Source Software applications and databases (including Open) for computing or providing results to the Customer. In the event any such services are discontinued by the Customer or it’s source application or database for any reason, SplashBI will work with Customer to provide other alternatives to provide similar outcomes, but is under no obligation to do so and will not incur any liability for failing to do so.

3. CONFIDENTIALITY

3.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s technology or business (hereinafter referred to as “Confidential Information” of the Disclosing Party).

3.2 The Receiving Party agrees: (i) not to divulge to any third person any such Proprietary Information, (ii) to give access to such Proprietary information solely to those employees with a need to have access thereto for purposes of this Agreement, and (iii) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information. The Disclosing Party agrees that the foregoing will not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public without any action by, or involvement of, the Receiving Party, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. In any event, SplashBI may collect data with respect to and report on the aggregate response rate and other aggregate measures of the Services’ performance.

3.3 Each party will have the right to disclose the existence of the terms and conditions of this Agreement in accordance with the approved contract terms and conditions, Neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the ordering activity may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

3079 Peachtree Industrial Boulevard

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Except as expressly set forth herein, SplashBI alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Services or the Software. Customer may, at its discretion, provide feedback, suggestions, improvements, enhancements and/or feature requests to SplashBI with respect to its use of the Services (“Feedback”).

Customer shall and hereby does assign all right, title and interest in and to Feedback to SplashBI and SplashBI may use or modify the Feedback for any purpose, including developing and improving the SplashBI Software without any liability, restriction or payment to Customer. Customer will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this Agreement. Customer is hereby granted a non-exclusive, nontransferable, revocable right to use the Resulting Data for its internal business analysis purposes only. This Agreement is not a sale and does not convey to Customer any rights of ownership in or related to the Service or Software, or any intellectual property rights.

4.2 SplashBI may obtain and process content/data provided by or on behalf of Customer (“Content”) only to perform its obligations under this Agreement. Customer and its licensors shall (and Customer hereby represents and warrants that they do) have and retain all right, title and interest (including, without limitation, sole ownership of) all Content submitted to the Services and the intellectual property rights with respect to that Content. If SplashBI receives any notice or claim that any Content, or activities hereunder with respect to any Content, may infringe or violate rights of a third party (a “Claim”), SplashBI may (but is not required to) suspend activity hereunder with respect to that Content.

4.3 SplashBI will indemnify and hold Customer harmless from and against any and all third party claims, liabilities, losses, damages and/or costs and expenses (including reasonable attorneys’ fees) which are paid or payable to an unaffiliated third party relating to any claim that the Services, as provided by SplashBI to Customer under this Agreement and used within the scope of this Agreement, violates, infringes or misappropriates any U.S. patent rights, copyright rights, trade secret rights or any other intellectual property or proprietary rights of such third parties; provided that Customer (a) promptly notifies SplashBI in writing of each such claim, (b) grants SplashBI the option to assume sole control of the defense and settlement of such claim, and (c) provides SplashBI, at SplashBI’s expense, with all assistance, information and authority reasonably required for the defense and settlement of such claim. The foregoing obligations do not apply with respect to portions or components of the Software and/or Services (i) not created by SplashBI, (ii) resulting in whole or in part in accordance from Customer specifications, (iii) that are modified by any party other than SplashBI or its agents, (iv) combined with other products, processes or materials not provided or approved by SplashBI, (v) where Customer continues using the Software and Services after being notified of modifications that are necessary, or (vi) where Customer’s use of the Software and Services is not strictly in accordance with this Agreement and all related documentation.

Nothing contained herein shall be construed in derogation of the U.S. Department of Justice’s right to defend any claim or action brought against the U.S., pursuant to its jurisdictional statute 28 U.S.C. §516.

5. PAYMENT OF FEES

5.1 Customer will pay SplashBI the applicable fees as set forth on the SplashBI Order Form (the “Fees”). If Customer use of the Software and/or Services exceeds the Software and/or Services Capacity set forth on the SplashBI Order Form and the government’s Order of Supplies/Services document, Customer will be invoiced at the end of each calendar month for the excess usage over the Software and/or Services Capacity, at the rate set forth on the SplashBI Order Form, and Customer agrees to pay the additional fees without any right of set-off or deduction. All payments will be made in accordance with the Payment Schedule. If not otherwise specified, payments will be due within thirty (30) days of invoice date.

6. TERM AND TERMINATION

6.1 This Service Agreement is for the Service Term as specified in the SplashBI Order Form and the government’s Order of Supplies/Services document.

3079 Peachtree Industrial Boulevard Duluth, Georgia 30097, USA Tel : (678) 251-4678

6.2 Upon termination or expiration of this Agreement, the rights and licenses granted to Customer hereunder shall terminate and Customer shall immediately return anything Customer has obtained in connection with the Services, together with any and all documents, notes and other materials regarding the Services, to SplashBI, including, without limitation, all Confidential Information of SplashBI, and all copies and extracts of the foregoing. The following sections will survive termination or expiration of this Agreement: Sections 2, 3, 4.1, 4.3, and 8-11, and any outstanding payment obligation. To be clear, in the event of termination for any reason, SplashBI will not refund any portion of the fees paid by Customer to SplashBI for services already rendered.

7. CLIENT SOFTWARE SECURITY

SplashBI represents and warrants that it will not knowingly include, in any SplashBI software released to the public and provided to Customer hereunder, any computer code or other computer instructions, devices or techniques, intentionally designed to disrupt, disable, harm, infect, defraud, damage, or otherwise impede in any manner, the operation of a network, computer program or computer system or any component thereof, including its security or user data. If, at any time, SplashBI fails to comply with the warranty in this Section, Customer will promptly notify SplashBI in writing of any such noncompliance. SplashBI will, within thirty (30) days of receipt of such written notification, either correct the noncompliance or provide Customer with a plan for correcting the noncompliance. If the noncompliance is not corrected or if a reasonably acceptable plan for correcting them is not established during such period., Customer may terminate this Agreement.

8. WARRANTY DISCLAIMER

WITHOUT LIMITING SPLASHBI’S OBLIGATIONS UNDER SECTION 1.2, SPLASHBI SOFTWARE, SERVICES, CONFIDENTIAL INFORMATION AND ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED "AS-IS," WITHOUT ANY WARRANTIES OF ANY KIND, I SPLASH BI DOES NOT WARRANT THAT THE SPLASHBI PRODUCTS WILL BE ENTIRELY FREE FROM DEFECTS OR OPERATE UNINTERRUPTED OR ERROR

FREE.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL SPLASHBI, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGE OF ANY KIND WHATSOEVER (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES, WHICH WILL IN NO EVENT EXCEED (IN THE AGGREGATE) THE FEES PAID BY CUSTOMER TO SPLASHBI ATTRIBUTABLE TO THE SPECIFIC PRODUCTS OR SERVICES GIVING

RISE TO SUCH DAMAGES IN THE TWELVE (12) MONTHS GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO (1) PERSONAL INJURY OR DEATH

RESULTING FROM LICENSOR’S NEGLIGENCE; (2) FOR FRAUD; OR (3) FOR ANY OTHER

MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW.

THIS AGREEMENT SHALL NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR FRAUD

OR CRIMES ARISING OUT OF SPLASHBI’s DIRECT NEGLIGENCE OR DIRECTLYRELATED TO THIS CONTRACT UNDER ANY FEDERAL FRAUD STATUTE, INCLUDING THE FALSE CLAIMS ACT, 31 U.S.C.

3729-3733. FURTHERMORE, THIS CLAUSE SHALL NOT IMPAIR NOR PREJUDICE THE U.S.

GOVERNMENT’S RIGHT TO EXPRESS REMEDIES PROVIDED IN THE GSA SCHEDULE CONTRACT

(E.G., CLAUSE 552.238-75 – PRICE REDUCTIONS, CLAUSE 52.212-4(H) – PATENT INDEMNIFICATION, AND GSAR 552.215-72 – PRICE ADJUSTMENT – FAILURE TO PROVIDE ACCURATE INFORMATION).

3079 Peachtree Industrial Boulevard Duluth, Georgia 30097, USA Tel : (678) 251-4678

10. U.S. GOVERNMENT MATTERS

Notwithstanding anything else, Customer may not provide to any person or export or re-export or allow the export or re-export of the Services or any software or anything related thereto or any direct product thereof (collectively “Controlled Subject Matter”), in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. By using the Software and/or Services, Customer represents and warrants that it is not located in, under the control of, or a national or resident of a country subject to United States embargo.

11. MISCELLANEOUS

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the ordering activity's Contracting Officer’s prior approval, except as expressly permitted under subparagraph (b) of 52.212-4.

Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. The failure of either party to act with respect to a breach of this Agreement by the other party or others shall not constitute a waiver and shall not limit the non-breaching party’s rights with respect to such breach or any subsequent breaches, which shall be handled in accordance with the Contract Disputes Act. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind SplashBI in any respect whatsoever. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid. SplashBI will not be liable for any loss resulting from a cause over which it does not have direct control.

This Agreement will be governed by Federal Law. . .

Splash Business Intelligence, Inc.: CUSTOMER:

SIGNATURE: ________________________________ SIGNATURE: _____________________________ NAME : _____________________________________ NAME:…