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Western States Contracting Alliance AT &T Wireless AT &T Wireless Business Solutions - BlackBerryT Attachment 1. AT &T Wireless Business Solutions — BlackBerry (the "BlackBerry Solution "). Pursuant to the terms and conditions of the Agreement and this Attachment, Contractor (also referred to herein as "AWS ") will provide the BlackBerry Solution to Purchasing Entities and their respective End Users through Equipment that accesses the AT &T Wireless GSMTMVGPRS network. Each such Purchasing Entity understands and agrees that the BlackBerry Solution is a type of AT &T Wireless Mobile Internet Service; accordingly, to the extent Purchasing Entity orders, pays for, or otherwise receives the benefit of the Blackberry Solution, Purchasing Entity will also be bound by the terms and conditions of the AT &T Wireless Mobile Internet Service Attachment which is part of this Agreement. Such terms and conditions of the AT &T Wireless Mobile hitemet Service Attachment (including, without limitation, terms and conditions relating to service availability, program eligibility requirements, and WIN AdvantageTM software and Extranet Advantage restrictions) apply to the provision by AWS of the BlackBerry Solution unless otherwise stated herein. Except as specifically provided for in this Attachment, the term "Service" under the Agreement will include the BlackBerry Solution, which in mm includes the Third Party Software (as defined in §2 below) and the Professional Services (as defined in §3 below). 2. Third Party Software. The BlackBerry Solution incorporates and utilizes third party software. Purchasing Entity understands that, in order to subscribe to the BlackBerry Solution, Purchasing Entity must have, and comply at all times with the terms and conditions of. (a) the BlackBerry Enterprise Server (Microsoft® Exchange® v2.1 or higher or Lotus® DominoTm v2.0 or higher) for Purchasing Entity's network server, as well as Client Access Licenses for each of Purchasing Entity's End Users, and (b) the BlackBerry Desktop Software for each of Purchasing Entity's End Users. Purchasing Entity may purchase the BlackBerry Enterprise Server and Client Access Licenses from AWS; Purchasing Entity will receive the BlackBerry Desktop Software from AWS as part of the BlackBerry Solution. hi addition, Purchasing Entity may purchase, on an annual basis, BlackBerry Software Upgrade Assurance in order to be eligible to receive periodic upgrades to the Blackberry Enterprise Server and Client Access Licenses. The BlackBerry Enterprise Server, Client Access Licenses, BlackBerry Desktop Software, and BlackBerry Software Upgrade Assurance will be referred to collectively in this Attachment as the "Third Party AWS WSCA Blackberry attachment 073102 Software". Pricing for the Third Party Software is described in the AWS printed materials associated with the BlackBerry Solution as may be modified by AWS from time to time, all of which is incorporated herein by reference (the " BlackBerry Collateral "). Purchasing Entity understands and agrees that, as long as Purchasing Entity subscribes to the BlackBerry Solution, Purchasing Entity will be bound by the terms and conditions of the Third Party Software, which are incorporated herein by this reference. Such terms and conditions may be found on the compact discs containing the Third Party Software and/or associated documentation. In the event that Purchasing Entity fails to comply with the terms and conditions of the Third Party Software, such failure will be deemed a default of a material provision of the Agreement, and AWS will be entitled to terminate the Agreement. 3. Professional Services. At Purchasing Entity's request, AWS or its authorized contractors will provide BlackBerry Enterprise Server installation and other professional services relating to the BlackBerry Solution (collectively, "Professional Services ") to Purchasing Entity. Pricing, terms and conditions for the Professional Services are described in the BlackBerry Collateral. 4. Rate Plans. To use the BlackBerry Solution Purchasing Entity must subscribe to Wireless Data Service under select "BlackBerry Access Plans." These BlackBerry Access Plans are GSMTm /GPRS rate plans within each AWS Market that are found in the SES and/or at the AT &T Wireless WSCA Site, as may be modified by AWS from time to time. Blackberry Access Plans are only available for use with a compatible BlackBerry Wireless Handlheld" device (a ` BlackBerry Handleld'7. As part of the Blackberry Solution, Purchasing Entity may also subscribe to Voice Service under an AT &T Wireless GSM Local Network Plan as set forth in the SES and/or the AT &T Wireless WSCA Site, and as may be modified by AWS from time to time. 5. Equipment. In order to subscribe to the BlackBerry Solution, Purchasing Entity must purchase a Blackberry Handheld from AWS for each of its End Users. The list of available BlackBerry Handhelds is found in the SES and/or at the AT &T Wireless WSCA Site, as may be modified by AWS from time to time. Except as specifically provided for in this Attachment, the term "Wireless Mobile Internet Equipment" (as defined in the AT &T Wireless Mobile hitemet Service Attachment) will include the Blackberry Handheld.