Pre_order_acknowledgement

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MUTUALLY NON-BINDING PRE ORDER ACKNOWLEDGEMENT Buyer Name Telephone no, fax no. and email address Company registration no / VAT identity no. Registered mailing address Country Seller Name FlatFrog Laboratories AB Telephone no, fax no. and email address Tel:+46 46 10 25 00 Fax:+46 46 10 13 61 E-mail: [email protected] Company registration no 556733-5491 Registered mailing address Traktorvägen 11 226 60 Lund Country Sweden Pre order scope and follow up By signing this pre order acknowledgement the Buyer and Seller, (each a “Party” and collectively the “Parties”), express their intentions to enter into a final purchase agreement regarding the respective purchase and sale of the Products and quantities thereof listed in Schedule 1 (the “Transaction”). The Parties may have discussed fundamental principles, terms and conditions for the Transaction, however, this pre order acknowledgement shall, save as explicitly set out herein, as such not be construed as to create any rights or obligations on either Party and either Party’s non-fulfillment of its intentions shall not entitle either Party to damages, reimbursement of costs or likewise but shall serve the sole purpose of registering the Parties mutual interest in the Transaction and enable continued contacts in order to arrive at a final agreement between Seller or its nominated distributor/reseller and Buyer. The Parties however commit to negotiate in good faith with the intent to enter into a final purchase agreement at the earliest possible date. The governing law and dispute resolution provisions set out below are binding on the Parties. Price The final purchase price shall be negotiated between the Parties prior to signing the final purchase agreement; however, indicative prices - exclusive of any freight or other charges, applicable sales tax and customs fees - are set out in Schedule 1. Delivery time The final delivery time shall be established in the final purchase agreement and is subject to Product availability; however, an indicative delivery time following a final and binding order is set out in Schedule 1. This pre order acknowledgement has been drafted in two identical copies, the parties each receiving one. This pre order acknowledgement shall remain in force and effect until the occurrence of the earliest of the following: i) the effective date of any final purchase agreement or corresponding binding purchase order, ii) a written notification by either Party to the other Party that the pre order acknowledgement shall be void, or iii) twelve (12) months after the last day of signature of a Party hereto. The pre order acknowledgement shall be governed and construed by Swedish law, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction. The Parties agree that Malmö city court has exclusive jurisdiction as the court of first instance over any dispute related to this pre order acknowledgement and any issues emanating there from. Signatures Place, Date Place, Date (Authorized signature) (Authorized signature) Name in Print Name in Print

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Transcript of Pre_order_acknowledgement

MUTUALLY NON-BINDING PRE ORDER ACKNOWLEDGEMENT

Buyer Name

Telephone no, fax no. and email address

Company registration no / VAT identity no.

Registered mailing address

Country

Seller Name FlatFrog Laboratories AB

Telephone no, fax no. and email address Tel:+46 46 10 25 00 Fax:+46 46 10 13 61 E-mail: [email protected]

Company registration no 556733-5491

Registered mailing address Traktorvägen 11 226 60 Lund

Country Sweden

Pre order scope and follow up

By signing this pre order acknowledgement the Buyer and Seller, (each a “Party” and collectively the “Parties”), express their intentions to enter into a final purchase agreement regarding the respective purchase and sale of the Products and quantities thereof listed in Schedule 1 (the “Transaction”). The Parties may have discussed fundamental principles, terms and conditions for the Transaction, however, this pre order acknowledgement shall, save as explicitly set out herein, as such not be construed as to create any rights or obligations on either Party and either Party’s non-fulfillment of its intentions shall not entitle either Party to damages, reimbursement of costs or likewise but shall serve the sole purpose of registering the Parties mutual interest in the Transaction and enable continued contacts in order to arrive at a final agreement between Seller or its nominated distributor/reseller and Buyer. The Parties however commit to negotiate in good faith with the intent to enter into a final purchase agreement at the earliest possible date. The governing law and dispute resolution provisions set out below are binding on the Parties.

Price The final purchase price shall be negotiated between the Parties prior to signing the final purchase agreement; however, indicative prices - exclusive of any freight or other charges, applicable sales tax and customs fees - are set out in Schedule 1.

Delivery time

The final delivery time shall be established in the final purchase agreement and is subject to Product availability; however, an indicative delivery time following a final and binding order is set out in Schedule 1.

This pre order acknowledgement has been drafted in two identical copies, the parties each receiving one. This pre order acknowledgement shall remain in force and effect until the occurrence of the earliest of the following: i) the effective date of any final purchase agreement or corresponding binding purchase order, ii) a written notification by either Party to the other Party that the pre order acknowledgement shall be void, or iii) twelve (12) months after the last day of signature of a Party hereto. The pre order acknowledgement shall be governed and construed by Swedish law, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction. The Parties agree that Malmö city court has exclusive jurisdiction as the court of first instance over any dispute related to this pre order acknowledgement and any issues emanating there from. Signatures Place, Date

Place, Date

(Authorized signature)

(Authorized signature)

Name in Print

Name in Print

Schedule 1

Product Indicative price (USD) Indicative delivery time Amount(no.of products) FlatFrog Multitouch 3200 5500 USD (MSRP) Cosmetic Shell 190 USD (MSRP) Short Legs 750 USD (MSRP) Long Legs 800 USD (MSRP)

Buyer signature: ___________________ Seller signature: ___________________