Exhibit 10.1C
CONFIDENTIAL TREATMENT REQUESTED
– CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE
BEEN
REDACTED AND HAVE BEEN SEPARATELY
FILED WITH THE COMMISSION
EXECUTION COPY
AMENDMENT #2
TO
Professional Services
Agreement
This Amendment Number 2
(“Amendment Number 2”) shall amend the Professional
Services Agreement dated July 26, 2007, as amended
(“Agreement”), and the Program Description set forth in
Exhibit A to the Agreement, by and between SupportSoft, Inc., a
Delaware corporation having its principal place of business at 1900
Seaport Boulevard, Redwood City, CA 94063
(“SupportSoft”), and Office Depot, Inc., a Delaware
corporation having its principal place of business at 6600 N.
Military Trail, Boca Raton, FL 33496(“Office Depot”).
This Amendment Number 2 shall be effective as of the later date of
signature below (“Effective Date”).
Capitalized terms not otherwise
defined herein shall have the meanings defined for them in the
Agreement.
Amendment
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1.
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Effective
Sunday, November 16, 2008, the second sentence of
Section 12.1 of the Agreement is stricken in its entirety and
replaced with the following:
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“As the sole and exclusive
remedy for breach of the foregoing warranty, if a Customer
experiences a problem with the Services and calls SupportSoft
within ten (10) days of the date the Services were originally
performed, SupportSoft will use commercially reasonable efforts to
try to resolve the Customer’s problem at no additional
charge, but no refund will be provided.”
Modifications to Office Depot
Remote Service Program Description
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1.
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The following
New PC Set Up and Configure SKU will be added to the program to be
available to customers on Sunday November 16, 2008.
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Type
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SKU
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Net Fees
to SPRT
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Suggested
Retail
Price
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New PC Set Up and Configure
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Attach
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919705
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$
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*
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**
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$
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29.99
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To make sure your new PC is working properly
right out of the box, a technician will do the
following:
• Set
it up for you and create your user account
• Help
you get Windows operating system updates automatically
online
• Remove
trialware
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*** CONFIDENTIAL MATERIAL
REDACTED AND SEPARATELY FILED WITH THE COMMISSION
***
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2.
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The following
New PC Performance SKU will be added to the program to be available
to customers on Sunday November 16, 2008.
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Type
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SKU
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Net Fees
to SPRT
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Suggested
Retail
Price
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New PC Performance
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Attach
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919710
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$
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*
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**
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$
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69.99
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To improve the speed and performance of your new
PC, a technician will do the following:
•
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