1 OPTUS MOBILE DEVICE SECURITY SERVICE DESCRIPTION (OPTUS BUSINESS) 1 ABOUT THIS SERVICE DESCRIPTION 1.1 This Service Description forms part of the Agreement under which Optus supplies the Service to you. 1.2 Rules of interpretation and capitalised terms which are used in this Service Description are defined either in the General Terms or in the attached Dictionary within this Service Description. 2 THE SERVICE Some important information about the Service: Service Optus Mobile Device Security Optus company Optus Mobile Pty Limited (ABN 65 054 365 696) Owner of the Software Juniper Networks (US) Inc. 1194 North Mathilda Avenue Sunnyvale, CA 94089 2.1 The Optus Mobile Device Security (Optus MDS) Service is a monthly subscription based software solution, that helps secure and protect mobile devices from malicious software infections that are downloaded from the internet. 2.2 The Optus MDS Service includes the following components, each described in more detail below: (a) Access to the Device Administration Software Portal (see section 3) (b) Use of the Client Application Software (see section 3) (c) Customer setup and configuration of the Device Administration Software Portal (see section 4) (d) Access to the Optus Help Desk (see section 8) 3 DEVICE ADMINISTRATION SOFTWARE PORTAL (PORTAL) AND CLIENT APPLICATION SOFTWARE 3.1 The Device Administration Software Portal is hosted by Optus (physical location in Ultimo, Sydney). You can administer Security Policies on Supported Mobile Devices via a Mobile Security Gateway using the Portal. 3.2 The following is a list of available functions that can be configured in the Device Administration Software Portal: Optus Mobile Device Security Service Description (Optus Business) 19 December 2012 2 (a) Proactive Antivirus/Anti-Malware Protection (b) Personal Firewall (c) Anti-Spam Some features and functionality may not be available on some mobile devices due to restrictions of different operating systems (please see Supported Mobile Devices in Attachment 2). 3.3 The Client Application Software is the mobile device security software that is installed and runs on Supported Mobile Devices to implement the Security Policies you have set in the Device Administration Software Portal. 3.4 Optus does not support the below functionality within the Device Administration Software Portal or Client Application Software: 4 (a) Monitor & Control (b) Backup & Restore SERVICE CONFIGURATION (SET UP AND TRAINING) 4.1 To enable you to use the Device Administration Software Portal, Optus will: 4.1.1 Set up your Enterprise Account and apply the default configuration of the Optus MDS Software. The default configurations may be altered by the System Administrator once a handover has been performed. 4.1.2 Hand over the operation of the Device Administration Software Portal to your System Administrator. Your System Administrator is responsible for determining, applying and managing all configuration changes in the future to available functionality listed in Section 3.2 above to suit your organisation. 4.1.3 Send you a Welcome Pack which includes credentials for access to the Device Administration Software Portal, a MAC Form and a guide on how to use the functionality within the Device Administration Software Portal. The Welcome Pack also includes a “Quick Start” training pack for your System Administrator which will guide the System Administrator through the various administrative tasks and functions to manage the Device Administration Software Portal. An “Administration Guide” detailing the administration capabilities is also provided within the Welcome Pack which can also be used for future reference to perform these tasks. No onsite visit will be provided. 4.2 Requirement for the Client Application Software: 4.2.1 You are solely responsible for the installation of the Client Application Software on each of your end users devices to enable the devices to use the Service. This includes notifying and ensuring all your end users install any Updates of the Client Application Software when these are made available to you by Optus. Optus has no liability to you or your end users if your end users have not downloaded or installed onto their devices the most recent Update. 4.2.2 To download the Client Application Software (including Updates) on the end user’s Supported Mobile Device, the end user needs to go to the designated download location by connecting to a hyperlink provided by the System Administrator. The details of the hyperlink to the download location provided to the Systems Administrator as part of the Optus hand over. The System Administrator is responsible for sending the hyperlink of Optus Mobile Device Security Service Description (Optus Business) 19 December 2012 3 the designated download location to the end users. Alternatively, the System Administrator may first download the applications from the designated download location then upload (if applicable) to your organisation’s own software application repository from which the end users can access the relevant Client Application Software and Updates. 4.2.3 To install and register the Client Application Software on the end user’s Supported Mobile Device, the unique Enterprise Licence Code specific to your Enterprise Account needs to be entered into the Client Application Software during installation. Your System Administrator is responsible for providing the Enterprise License Code details to your end users. The end user of the mobile device is required to provide a valid e-mail address as the username and a password to complete the registration. 4.2.4 The end user cannot use the generic Junos Pulse application which is found on the Supported Mobile Device application store (e.g. Apple App Store, Android Marketplace) as this will not link back to the Optus MDS Service. 4.2.5 To install the Client Application Software on the end user’s mobile device, the device needs to have mobile network or WiFi internet access and conform to the Supported Mobile Devices referenced in Attachment 2. 4.3 5 Optus will endeavour, in a timely manner, to send information relating to Updates (including such as providing you with instructions on how to use a new functionality) for the Device Administration Software Portal and Client Application Software to the System Administrator as the Updates are made available to Optus by Juniper Networks. USE OF THE SERVICE 5.1 Once you have received handover of the Device Administration Software Portal from Optus, you are responsible for determining and configuring the available functionality of Optus MDS to suit your requirements. Optus is not responsible past this point (handover point) for any chosen settings, outcomes or use of the Software functionality that you configure within the Device Administration Software Portal. 5.2 When using the Service you must ensure that the Software you use with the Service is properly licensed and you must comply with the Software Licence terms (please see section 9.2). 5.3 You must not resell, share or otherwise distribute the Service (or any part of the Service) to any third party without Optus’ prior written consent. 5.4 Optus may: (a) monitor the number of Active Licences which will be automated once the Software has been installed. The Device Administration Software Portal reports on the number of Licences used each month and this information is used for billing purposes; (b) monitor the usage of the Service in the Device Administration Software Portal to ensure compliance with the Agreement; (c) investigate any misuse of the Service and may involve police or other law enforcement agencies in doing so; and (d) recover from you any costs of investigating misuse. If it is found that the Service has been misused (e.g. if Optus is unable to obtain Software Licence information) or if the misuse causes loss to another user or third party and Optus is required to pay compensation, you agree to reimburse Optus. Optus Mobile Device Security Service Description (Optus Business) 19 December 2012 4 6 7 SERVICE CHARGES 6.1 The Optus MDS Service is a Subscription for the use of Client Application Software licenses. This is independent of the number or type of Optus mobile voice and data services. 6.2 Licences are sold in increments of 25, 50 or 100 as specified in the Tiering Structure section of the Standard Pricing Table in Attachment 1. 6.3 The System Administrator may configure additional licences in the Device Administration Software at anytime within the Contract Period until the total number of Active Licences equals the Licence Cap. 6.4 The System Administrator nominates a Licence Cap during initial contract signing which allows an organisation to have a designated maximum or threshold number of Licences in which Supported Mobile Devices may register (i.e. become an Active Licence). Once the Licence Cap has been exhausted, the Service will automatically stop further Supported Mobile Devices from becoming an Active Licence (e.g. a customer contracted to 200 Active Licences upfront, the Licence Cap was agreed to be 300 - but there are now 300 Active Licences – therefore the Device Administration Software Portal will not allow you to register any further devices to the Service). If you have exhausted your defined Licence Cap and you require more Active Licences, you must request an increase in your Licence Cap via the MAC Form. 6.5 The System Administrator may also increase the initial agreed Licence Cap at anytime within the Contract Period by submitting a MAC Form. 6.6 The licences which are below the Licence Cap, but not yet Active Licences will not be charged, until a device has been registered to the Client Application Software (i.e. become an Active Licence). 6.7 You will be charged a single once off set up fee, then a monthly fee in accordance with the Tiering Structure section of the Standard Pricing Table in Attachment 1. 6.8 The monthly charge on your Optus bill will be based on the Tiering Structure in the Standard Pricing Table in Attachment 1 and (a) the highest number of Active Licences on your system or (b) the initial number of licences indicated and agreed in your contract, whichever is greater. You will always be charged at the highest number of Active Licences (if this is higher than your initial contracted number of licences), even if you reduce the number of Active Licences at a later stage. 6.9 Optus is licensed to provide the Software Licences to you. You purchase the right to use these Software Licences for the minimum Contract Period of 24 months. At the expiry of the Contract Period and until you re-sign for another minimum Contract Period of 24 months, Optus will continue to charge you based on the Standard Pricing Table shown in Attachment 1. 6.10 The standard charges for the Service and any additional amounts payable will be calculated in accordance with the Standard Pricing Table shown in Attachment 1. The charges payable by you will depend on: (a) Whether you have previously paid any once-off charges, or whether you are yet to be charged; (b) The relevant tier in which your Active number of Licenses falls (see Standard Pricing Table in Attachment 1). SERVICE REBATES Optus Mobile Device Security Service Description (Optus Business) 19 December 2012 5 7.1 Optus will conduct routine maintenance of the Device Administration Software Portal in accordance with the following: (a) Optus requires outages windows to be available for routine maintenance from 2am to 6am every Monday morning Australian Eastern Standard Time / Australian Eastern Daylight Time (as applicable), to be used at the discretion of Optus (“Outage Windows"); (b) the target maximum impact to your Services during each Outage Window if used for routine maintenance is 10 minutes; (c) the maximum total outage to you due to routine maintenance conducted during Outage Windows for any calendar month is targeted to be no more than 30 minutes; and (d) you will not be notified of routine maintenance conducted by Optus during the Outage Windows. 7.2 Occasionally Optus may conduct preventative or corrective maintenance affecting the operation of the Service. Optus will endeavour to notify you as to the timing of maintenance and schedule such maintenance between midnight and 7am. This may affect the availability of the Service and therefore the availability of Software Security Updates may be delayed during this maintenance period. 7.3 Within the Device Administration Software Portal, the Service is "Unavailable" when: (a) You are unable to access the Device Administration Software Portal and such inability is solely caused by Optus' act or omission; or (b) Distributed "denial of service attacks" or similar deliberate or malicious attempts by third parties to interrupt the Service; (c) Any outage due to scheduled maintenance for the Service exceeds the stipulated weekly scheduled maintenance window (as stipulated above in section 7.1). 7.4 The Service ceases to be Unavailable at the time when Optus notifies you that the Service is available. The notification from Optus could be in the form of a telephone call, voice message, fax, e-mail or text message. 7.5 If it is determined that a Service is Unavailable as advised above, then your only remedy in relation to that Unavailability will be the service rebates (if any) calculated in accordance with the Table below. 7.6 Your only remedy in relation to faults in the Service or the Service being Unavailable will be the applicable service rebates (if any) set out in Table 1. The rebates will be calculated on each instance of Unavailability of the Service identified in the Table below. A service rebate is not redeemable for cash. 7.7 In any given month the service rebate that may apply for Unavailability of the Service in the Table is capped in aggregate for all claims at 30% of your monthly recurring charge for the impacted Service applying in the month the Service is Unavailable. Service rebates will be applied only to the Service charges payable for the Service for which the service rebate was incurred. 7.8 You must claim any service rebate in writing within twenty (20) working days from the date on which it becomes possible to calculate the amount of the service rebate. Optus Mobile Device Security Service Description (Optus Business) 19 December 2012 6 7.9 Once a claim is made in accordance with clause 7.8, Optus will calculate the service rebate (if applicable) and credit to your account an amount equal to the service rebate. 7.10 The service rebate entitlement is calculated in accordance with the Table below – Service Rebates. SERVICE REBATES Unavailable Service Inability to access the Device Administration Software Portal (excludes the Client Application Software) 7.11 Unavailability beyond stated restoration target Rebate (% of monthly recurring charge) 1 day – 2 days 10% 3 days – 5 days 20% Greater than 5 days 30% Example rebate calculation: Access to the Device Administration Software Portal is restored in 27 hours: 27 hours restoration time = 27hours unavailability. Therefore, the applicable rebate is 10% of the monthly recurring charge. e.g. if your monthly recurring charge is $550.00 (inc GST), and the Device Administration Software Portal was Unavailable for 27 hours, the service rebate would be $550 x 10% = $55.00 (inc GST). 8 CUSTOMER SERVICE AND OTHER THINGS YOU SHOULD KNOW 8.1 Optus will provide customer service to the System Administrator, through a help desk, for the Client Application Software and the Device Administration Software Portal. Optus does not provide any assistance or support to end users. 8.2 If your System Administrator experiences technical or performance issues in accessing the Device Administration Software Portal, or technical issues with the Client Application Software the System Administrator can contact the customer service help desk by phoning 134 315 weekdays (excluding public holidays) between 8am and 6pm Australian Eastern Standard Time (AEST). 8.3 The customer service available with the Service is limited, and does not cover matters such as management of your licences within the Device Administration Software Portal, any end user assistance or onsite support. If you require ongoing management services for matters such as moving, adding or changing users and licences or changing Security Policies within the Device Administration Software Portal, please contact your Optus Account Manager for more information. 8.4 Beyond the maintenance and support services that Optus provides for the Client Application Software for Supported Mobile Devices (including the provision of Updates), Optus does not provide support for technical issues (e.g., software ‘bugs’). Optus will escalate the technical issue to the software owner Juniper Networks for resolution or workaround. Optus Mobile Device Security Service Description (Optus Business) 19 December 2012 7 9 YOUR ACKNOWLEDGEMENTS AND OBLIGATIONS You acknowledge that: 9.1 Optus uses services supplied by the Optus Group Company and other third party providers in providing the Service to you. The Service may rely for its operation on services supplied by third parties, who are not controlled by Optus. 9.2 The Software owner is Juniper Networks. Use of the Software is subject to the terms and conditions of the Juniper Networks End User License Agreement (“EULA”) a copy of which can be found in Attachment 3. By downloading, installing or using such Software, you agree to the terms and conditions of that EULA. You must ensure that your end users agree to the terms and conditions of that EULA. 9.3 The Software (and any Updates) or Service may be subject to laws controlling its import, export, transmission or use. If you wish to use the Software or Service from outside Australia, you are responsible for complying with all applicable controls imposed under Australian law or the laws of other countries. This may require you to obtain a permit or other authorisation. Your EULA may also contain additional requirements or information on controls. 9.4 You must provide Optus with a list of Trusted IP Addresses (which are the locations from which your System Administrators will be accessing the Device Administration Software Portal). It is your responsibility to inform Optus if this information changes by providing a MAC Form to Optus. 9.5 You are responsible for advising Optus if your System Administrator(s) contact details have changed and to ensure these are kept up to date. This will enable Optus to provide you with all information regarding your Service. 9.6 Your System Administrator must be aware when making changes or reallocating Software licenses within the Device Administration Software Portal, that you must first "remove" an Active License from a user or device before changing or updating to a new user or device. 9.7 Your System Administrator is responsible for providing support or assistance to your end users within your organisation with regards to your Optus MDS Service. Optus does not provide any assistance or support to your end users as part of the service. 9.8 You are responsible for assessing and monitoring whether Optus MDS and the terms upon which Optus supplies the Service to you meet any particular specification, standard, policy, regulatory requirement or other requirement you may have or may be subject to (including any requirement relating to data storage, control, back-up, accessibility, auditing or security). 9.9 You take full responsibility for all actions taken whilst using the Service. It is your responsibility to determine and implement your own Security Policies. You must abide by any relevant privacy legislations and ensure that you inform your end users about your Security Policies and what you will and will not configure on Optus MDS which will be installed on your end user’s device. For example, if you will be scanning all SMS (Short Message Service) for potential malware, you take responsibility for notifying your end users to ensure they are aware of this. 9.10 You take full responsibility for all actions taken while using the Software, including your determined Security Policies, settings and configurations (e.g. you choose to turn off the firewall functionality for your end users and this in turn compromises a device). Optus will not take any responsibility for these actions. 9.11 The Software owner Juniper Networks will use commercially reasonable efforts to make Updates available to Optus and Optus will provide you with the latest Updates when made Optus Mobile Device Security Service Description (Optus Business) 19 December 2012 8 available to Optus by Juniper Networks. Optus will not be held accountable or responsible if there is no Update available however it will assist in requesting this from Juniper Networks. 9.12 The only warranty applicable to the Software is the limited warranty provided by the software owner, Juniper Networks, available at http://www.juniper.net /support /warranty/. Optus does not make any warranty or representation regarding the performance of any software provided to you with the Service. You agree that you will not make a claim against Optus in respect of the Software or its performance. 9.13 Software Security Updates are pushed out via the Internet to registered devices. Devices therefore will consume mobile data or wireless internet usage, which will be at the device owner’s own cost. 9.14 If this Agreement terminates for any reason or you terminate your Subscription at any time, you (including your end users) must discontinue using the Service. If you do not discontinue using the Service, you will be charged in accordance to the Standard Pricing Table as set out in Attachment 1. You may also be in breach of the Software Licence terms. 10 DICTIONARY OF TERMS USED Active Licenses are Client Application Software Licenses that are active on Supported Mobile Devices. Client Application Software runs on Supported Mobile Devices that implements the policy you have set in the Device Administration Software Portal. See Junos Pulse Mobile Security Suite defined below. Contract Period is the length of time from a specified commencement date to a specified completion date, based on a contract. Device Administration Software Portal is a portal that is hosted and can be accessed securely. These encrypted sessions can be accessed using a set of secure credentials provided by Optus once your Service has been provisioned. This is Software configured and hosted by Optus which allows you to administer Security Policies on Mobile Devices via a Mobile Security Gateway (MSG). End User Licence Agreement (EULA) This is an agreement between Juniper and you and/or the end user which lays out certain terms that must be adhered to. The EULA can be located in Attachment 3 of this document, Enterprise Account is the separate account setup during configuration of the initial Optus MDS Service which defines one organisation to the next. Each customer will have one Enterprise Account where all Active Licenses of end users will link to and enable the defined Security Policies to be enforced. Enterprise Licence Code is a unique code provided per customer of the Optus MDS Service to enable each end user of that organisation to link to the correct Enterprise account set up in the Device Administration Software Portal. Juniper Networks is Juniper Networks Inc. who is the owner of the Junos Pulse Software Licenses which Optus is authorised to resell. Junos Pulse Mobile Security Suite is name of the Juniper Software. Licenses are for the Junos Pulse Mobile Security Suite Software that Optus is licensing to the customer to use. These must be per device, not per user. Optus Mobile Device Security Service Description (Optus Business) 19 December 2012 9 Licence Cap is a pre-defined and approved threshold of Licences that may be allocated to end users as required. Once this cap has been reached, no further Licences may be allocated until this License Cap has been increased (via a request in the Optus MDS MAC Form). For example, your organisation may only want to start with 200 Licences on the contract, but make available to their System Administrator to allocate up to a maximum of 300 Licences in the future. In this case the Licence Cap number is 300, but the contracted Licences which will be charged is only 200 (until more than 200 end users have registered their Supported Mobile Device with the Client Application Software). MAC (Move, Add or Change) A MAC is a basic request in regards to the Optus MDS Service which involves a user moving, adding or changing Optus MDS within a pre-defined list of possible scenarios. This could include for example, a System Administrator contacting the help desk to update their list of Trusted IP Addresses for their Enterprise Account to gain access to the Device Administration Software Portal. MAC Form is a separate document provided after initial contract signing so that you can complete and send through to Optus in order to for example, request a higher Licence Cap, so that you may continue to allocate additional Licences. Mobile Security Gateway (MSG) this is the central architecture for the registered mobile devices and is responsible for pushing out Software Security Updates and Security Policies dependant on your configuration. Mobile Threat Centre (MTC) is a Juniper team that specialise in mobile security. The team proactively sample latest threats for mobile devices and develop signatures and updates for mobile devices to download. Optional Services are additional items available to add on to your Optus MDS Service for an additional fee. These are listed and described in the Standard Pricing Table set out in Attachment 1. Optus Mobile Device Security (Optus MDS) Service is the name of this overall product, which is a software solution allowing you to define and apply security policies on Supported Mobile Devices which secures and protect mobile devices from malicious software infections that are downloaded from the internet. Pricing Plan contains information about the terms and conditions and prices of the plan (including Licenses). The Pricing Plans are set out in the Standard Pricing Table. Security Policies is the set of rules and settings for your end users devices that you develop and manually configure on the Device Administration Software Portal to suit your business needs. One example is a policy that enforces certain firewall rules. The entire list of functionality can be found in Section 3.2. Service is referring to the Optus MDS Service. Software means the licensed software supplied by Juniper Networks (Junos Pulse) to Optus for use with the Optus MDS Service. Software Security Update is a regular push (determined by the customer e.g. hourly, daily, weekly etc.) via the Internet, sent to registered devices on the Device Administration Software which includes any policy updates, ensuring devices are conforming to set policies and/or security threat updates from the Mobile Threat Centre (MTC). Standard Pricing Table means the pricing detailed in Attachment 1 – Standard Pricing Table attached to this Service Description. Subscription is where the Software is licensed from Optus for a minimum period of 24 months and is provided on a per device, not per user basis. Optus Mobile Device Security Service Description (Optus Business) 19 December 2012 10 Supported Mobile Devices are the mobile devices that the Software supports. See Attachment 2 – Supported Mobile Devices for details and also where to locate the most up to date list of these. System Administrator is your chosen contact or team of people within your organisation who will be trained on the usage and configuration of the Software who will maintain once trained by Optus. Tiering Structure is how the charge is calculated for the Subscription to the software licenses per customer. Further detail is provided in the Standard Pricing Table in Attachment 1. Trusted IP Addresses an Internet Protocol address (IP address) is a numerical label assigned to each device (e.g. computer) participating in a computer network that uses the Internet Protocol for communication. You will need to provide your trusted IP address(es) of the locations from which your System Administrators will be accessing the Device Administration Software Portal to ensure they are able to perform their tasks. Updates means any updates, upgrades, bug fixes or new releases of the Software made available and provided to Optus by the supplier, Juniper Networks. Optus Mobile Device Security Service Description (Optus Business) 19 December 2012 11 ATTACHMENT 1 STANDARD PRICING TABLE 1 Mobile Device Security Service Fees and Charges (a) The Optus MDS Service is made up of the following fees and charges: i) The initial cost of setup and installation of software; ii) Per license cost (Tiering Structure); iii) Optional Services. (b) Optus may quote alternative charges to meet non-standard requirements. (c) The Optus MDS Service does not include any on-site visits. Requests for any such on-site support visits will be costed separately on a time-and-materials basis. (d) All fees and charges shown include goods and services tax (GST). 2 Initial Setup and Configuration A once off charge per customer for this initial setup and configuration of the Device Administrative Software Portal will be charged on the first Optus bill independent of the number of licenses purchased. Item Description Setup and Configuration Configuration of software and $5500.00 setup of Enterprise Account. This involves a Welcome Pack which includes user guides and training on how to use the Optus MDS Service. 3 Tiering Structure & Pricing Plan 3.1 The monthly cost includes: Optus Mobile Device Security Service Description (Optus Business) Fees Unit (including GST) Once off per customer 19 December 2012 12 (a) The Subscription of the Software License; (b) Provision of available Software Security Updates; (c) The ability for the System Administrator(s) to utilise and gain Software support through Optus’ help desk during business hours of 8am-6pm AEST weekdays by phoning 134 315 (as described earlier in Section 8 – Customer Service and Other Things You Should Know); 3.2 The pre-defined list of potential MAC’s must be requested by using the MAC Form. 3.3 The fees (including GST) are set out in the Tiering Structure & Pricing Plan below. (a) The Optus Bill Description heading in the table below shows the wording description which is provided on your Optus bill each month. (b) You will be charged for the “Billed Number of Licences” as defined in each Tier. If for example you have 340 Active Licenses, you will be charged for Tier 14 at $1,925.00 (including GST) per month and will be able to use up to 350 licences. (c) The bill amount is based on the highest number of Active Licences that you have ever reached during the term of this Agreement. For avoidance of doubt, a reduction in the number of Active Licences you need, use or subscribe to will not result in a reduction of the amount you will be charged. (d) The minimum number of licences that can be subscribed to at any period is 25. You may increase in increments shown on the Tiering Structure below. For example, if starting at Tier 1 (you start with 25 Licences) and you increase to 26 Active Licences during the month, you will be moved to Tier 2 (50 Licences) – therefore being charged at the Tier 2 rate of $275.00 (inc GST) per month and you will be allowed to assign up to 50 Active Licences. (e) You must pay Optus a monthly fee for the highest number of Software Licences based on the relevant Tier. (f) You may increase the number of Active Licences within the Device Administration Software Portal at any stage (provided you have enough licences available to allocate based on your agreed Licence Cap). The increase in Active Licences will take effect once the Supported Mobile Device has downloaded and registered to the Client Application Software. The charge for the newly registered Active Licenses (based on the Tiering Structure) will be included on your next applicable Optus bill. Tier 1 2 3 4 5 6 7 8 9 10 Number of Licenses 25 26-50 51-75 76-100 101-125 126-150 151-175 176-200 201-225 226-250 Billed Number of Licences and Optus Bill Description MDS 25 Licences (MDS Tier 1) MDS 50 Licences (MDS Tier 2) MDS 75 Licences (MDS Tier 3) MDS 100 Licences (MDS Tier 4) MDS 125 Licences (MDS Tier 5) MDS150 Licences (MDS Tier 6) MDS 175 Licences (MDS Tier 7) MDS 200 Licences (MDS Tier 8) MDS 225 Licences (MDS Tier 9) MDS 250 Licences (MDS Tier 10) Optus Mobile Device Security Service Description (Optus Business) Monthly Fee (including GST) $137.50 $275.00 $412.50 $550.00 $687.50 $825.00 $962.50 $1,100.00 $1,237.50 $1,375.00 19 December 2012 13 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 251-275 276-300 301-325 326-350 351-375 376-400 401-425 426-450 451-475 476-500 501-550 551-600 601-650 651-700 701-750 751-800 801-850 851-900 901-950 951-1000 1001-1100 1101-1200 1201-1300 1301-1400 1401-1500 1501-1600 1601-1700 1701-1800 1801-1900 1901-2000 2001-2100 2101-2200 2201-2300 2301-2400 2401-2500 2501-2600 2601-2700 2701-2800 2801-2900 2901-3000 3001-3100 3101-3200 3201-3300 3301-3400 3401-3500 3501-3600 3601-3700 3701-3800 3801-3900 3901-4000 4001+ MDS 275 Licences (MDS Tier 11) MDS 300 Licences (MDS Tier 12) MDS 325 Licences (MDS Tier 13) MDS 350 Licences (MDS Tier 14) MDS 375 Licences (MDS Tier 15) MDS 400 Licences (MDS Tier 16) MDS 425 Licences (MDS Tier 17) MDS 450 Licences (MDS Tier 18) MDS 475 Licences (MDS Tier 19) MDS 500 Licences (MDS Tier 20) MDS 550 Licences (MDS Tier 21) MDS 600 Licences (MDS Tier 22) MDS 650 Licences (MDS Tier 23) MDS 700 Licences (MDS Tier 24) MDS 750 Licences (MDS Tier 25) MDS 800 Licences (MDS Tier 26) MDS 850 Licences (MDS Tier 27) MDS 900 Licences (MDS Tier 28) MDS 950 Licences (MDS Tier 29) MDS 1000 Licences (MDS Tier 30) MDS 1100 Licences (MDS Tier 31) MDS 1200 Licences (MDS Tier 32) MDS 1300 Licences (MDS Tier 33) MDS 1400 Licences (MDS Tier 34) MDS 1500 Licences (MDS Tier 35) MDS 1600 Licences (MDS Tier 36) MDS 1700 Licences (MDS Tier 37) MDS 1800 Licences (MDS Tier 38) MDS 1900 Licences (MDS Tier 39) MDS 2000 Licences (MDS Tier 40) MDS 2100 Licences (MDS Tier 41) MDS 2200 Licences (MDS Tier 42) MDS 2300 Licences (MDS Tier 43) MDS 2400 Licences (MDS Tier 44) MDS 2500 Licences (MDS Tier 45) MDS 2600 Licences (MDS Tier 46) MDS 2700 Licences (MDS Tier 47) MDS 2800 Licences (MDS Tier 48) MDS 2900 Licences (MDS Tier 49) MDS 3000 Licences (MDS Tier 50) MDS 3100 Licences (MDS Tier 51) MDS 3200 Licences (MDS Tier 52) MDS 3300 Licences (MDS Tier 53) MDS 3400 Licences (MDS Tier 54) MDS 3500 Licences (MDS Tier 55) MDS 3600 Licences (MDS Tier 56) MDS 3700 Licences (MDS Tier 57) MDS 3800 Licences (MDS Tier 58) MDS 3900 Licences (MDS Tier 59) MDS 4000 Licences (MDS Tier 60) MDS 4001 onwards Optus Mobile Device Security Service Description (Optus Business) $1,512.50 $1,650.00 $1,787.50 $1,925.00 $2,062.50 $2,200.00 $2,337.50 $2,475.00 $2,612.50 $2,750.00 $3,025.00 $3,300.00 $3,575.00 $3,850.00 $4,125.00 $4,400.00 $4,675.00 $4,950.00 $5,225.00 $5,500.00 $6,050.00 $6,600.00 $7,150.00 $7,700.00 $8,250.00 $8,800.00 $9,350.00 $9,900.00 $10,450.00 $11,000.00 $11,550.00 $12,100.00 $12,650.00 $13,200.00 $13,750.00 $14,300.00 $14,850.00 $15,400.00 $15,950.00 $16,500.00 $17,050.00 $17,600.00 $18,150.00 $18,700.00 $19,250.00 $19,800.00 $20,350.00 $20,900.00 $21,450.00 $22,000.00 Contact your Optus Account Manager 19 December 2012 14 3.4 You must select a minimum contract term of 24 months regardless of the number of Active Licenses. At the end of this period, and until you re-sign for another minimum Contract Period of 24 months (or until you decide to cancel, or your Service is terminated for any other reason) Optus will continue to charge you based on the Standard Pricing Table shown in the table above. Your first Optus bill will include once-off upfront charges and any monthly Software License fees based on the Tiering Structure above. Dependent on your bill cycle these monthly costs may appear on the second Optus bill onwards. 3.5 Fees may change at any time without notice. 4 Optional Services 4.1 Optional Services are listed the table below and are available to purchase at any point in time within your contract term by contacting your Optus Account Manager. Optional Service Description Fees (including GST) Professional Service – Administrative Work See table below of available Administrative Works to choose from. Administrative Work is charged at a rate of $214.50 per hour. Please contact your Optus Account Manager for a fee for the services you require. The fee you are quoted is what you will see appear on your Optus bill once the Administrative Work has been completed. Please note that the services are provided remotely. Available Administrative Works Add user (e-mail license code to additional user) Change e-mail address of a user Change first name of a user Change last name of a user Move user to a group or a different group Activate a Locked or Deactivated user Deactivate a User (not terminated) Change user role from Admin Role to User Change Admin Role to User Delete the user from MDS (including all devices associated with the user). Add new user group (with or without a user list provided) Change user group name Change description of user group Add member to User Group Optus Mobile Device Security Service Description (Optus Business) 19 December 2012 15 Move the user to a Group (or from a group to another group) Remove member from a group Delete a group (does not include termination of users) Suspend/Deactivate a device Reactivate a suspended device Delete Device Move or reallocate license from one device to another Release license from a user device Add Device Group (with or without device list provided) Change device group name Change device group description Add device into the group Move device to another group from a group Move device to a group (currently not included in any group) Remove device from a group Delete a device group (devices not deleted) Change Update Frequency Add new Firewall rule (Add new IP address to block) Change existing firewall rule - Change firewall rule name Change existing firewall rule - Block or allow traffic for an IP address Change existing firewall rule - Block or allow traffic for a specific port or range of ports for an IP address Delete firewall rule Add new Antispam rule (Add new Phone number to block) Change existing Antispam rule - Change Antispam rule name Change existing Antispam rule - Block or allow a phone number for SMS, calls or both Delete Antispam rule Update profiles of all devices in the enterprise after a change in Enterprise settings Force a scan on all devices Force a scan of memory cards on all devices Force an update to the virus definitions in the devices 5 Optus Premium Managed Services 5.1 If you would like to have the MDS Service managed by Optus on your behalf, please contact your Optus Account Manager. 6 Cancellation Policy 6.1 You will incur a cancellation fee if you terminate your contract prior to the end of the contract term. You acknowledge that this is not a penalty, but a genuine estimate of losses that Optus will incur as a result of early termination of contract. 6.2 The fee for cancellation whilst still in contract (minimum term 24 months) is 50% of the monthly licence charge for the remaining months (this is not pro-rated per day and will be charged based on an entire month’s fee, even if you cancelled mid-way through that month) of Optus Mobile Device Security Service Description (Optus Business) 19 December 2012 16 the contract term (calculation based on the highest level of Tier that has ever been reached), calculated as follows: (50% of the current monthly charge(s)) x (number of months remaining) For example, your contract term is from the 15th November 2010 to 15th November 2012 and you have 50 Active Licences charged at the Tier 2 charge of $275.00 (inc GST) a month. If you terminate on the 31st March 2012, you will have to pay a fee of: (50% x $275.00) x (8 months remaining) = $1100.00 (inc GST) 6.3 If you choose to terminate the contract prior to the end of the minimum period, your permission to use the Software Licences will be revoked on the effective date of termination specified and you must destroy all copies of Software in your possession or control. 6.4 If you terminate your Service outside of the Contract Period, you will be charged for your final month of Service in the following month (e.g. if your contract ends on 5th November 2013, and you terminate your Service on the 6th November 2013, the final monthly charges will appear on your December 2013 Optus bill as your monthly recurring fees always appear in arrears.) Optus Mobile Device Security Service Description (Optus Business) 19 December 2012 17 ATTACHMENT 2 SUPPORTED MOBILE DEVICES 1. Mobile Devices Optus MDS supports a wide range of mobile operating system platforms. Due to restrictions of different operating systems, there are features that are only available to certain platforms. An indicative list of Supported Mobile Devices can be found below. For more information, please contact your Optus Account Manager. Optus MDS Feature APPLE IOS 4.X AND ABOVE GOOGLE ANDROID 2.X AND ABOVE BLACKBERRY 4.2 AND LATER WINDOWS MOBILE 6.0, 6.3, 6.5 Antivirus Firewall Antispam * * * * * * * NOKIA SYMBIAN S60 3rd, 5th Editions *The features of Optus MDS are dependent on the roots and hooks available within the supported mobile operating systems for Juniper Networks to use to adapt features and functions. As mobile OS developers and device manufacturers open access to more roots and hooks for developers, the list of features of Optus MDS is likely to expand. Optus MDS iOS Android Virusguard Disable Virusguard Enable Virusguard BlackBerry Firewall Scan Card Scan Handset Malware with Nag Remove Security Shield Update Firewall Policy Update PointGuard Policy Update Profile Update Virus Definitions Policy Based Client UI Optus Mobile Device Security Service Description (Optus Business) Windows Mobile 19 December 2012 Nokia Symbian 18 ATTACHMENT 3 JUNIPER NETWORKS END USER LICENCE AGREEMENT (EULA) Please see attached below the Juniper Networks, Inc. End User Licence Agreement (EULA) for Junos® Pulse which must be read and accepted by you prior to signing the Optus MDS contract. (the “CLIENT SOFTWARE EULA”) BY DOWNLOADING OR USING THIS SOFTWARE, YOU ACCEPT ALL TERMS OF THIS CLIENT SOFTWARE EULA, INCLUDING, WITHOUT LIMITATION, DISCLAIMERS OF WARRANTY AND LIMITATIONS ON USE, TRANSFERABILITY AND DAMAGES. IF YOU DO NOT ACCEPT THE TERMS OF THIS CLIENT SOFTWARE EULA, DO NOT DOWNLOAD This Client Software EULA sets forth the terms of the agreement between you and either (i) Juniper Networks (US), Inc. (if you are in North, Central or South America or the Caribbean Basin), (ii) Juniper Networks Ireland (if you are in Europe, the Middle East or Africa), or (iii) Juniper Networks (Hong Kong), Ltd. (if you are in Asia, or the Pacific Basin region), (as applicable, referred to herein as "Juniper") (you and each Juniper entity individually referred to as a ―Party,‖ and you and the appropriate Juniper entity collectively referred to as the ―Parties‖). It governs your use of the Junos® Pulse software or other Juniper-distributed client software accompanying this Client Software EULA (herein, the ―Client Software‖) for use on your mobile device or portable (laptop or desktop) computer. This Client Software EULA does not entitle you to any maintenance or support services or to any updates, patches or other revisions of the Client Software. This Client Software EULA will, however, govern the terms of your use of any such updates, patches or other revisions should you be so entitled, unless Juniper conditions your use of them on your acceptance of different terms. 1. SCOPE OF LICENSE. The Client Software is licensed, not sold. All right, title and interest in the Client Software remains with Juniper or its licensors. Subject to your acceptance of and adherence to the terms and conditions of this Client Software EULA, Juniper grants you a revocable, non-exclusive, non-transferrable, non-sublicensable right to use the Client Software on a single compatible laptop, desktop, or personal mobile device, provided that you are its primary user. Juniper reserves all other rights with respect to the Client Software. Unless applicable law gives you more rights despite this limitation, you may use the Client Software only as expressly permitted in this Client Software EULA. In doing so, you must comply with any technical limitations in the Client Software that allow you to use it only in certain ways. You may not: Make any copy of the Client Software except for archival purposes; Work around any technical limitations in the Client Software; Reverse engineer, decompile or disassemble the Client Software, except and only to the extent that applicable law expressly permits, despite this limitation; Publish or otherwise make the Client Software available for others to copy; Modify or create derivative works of the Client Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Client Software); Rent, lease or lend the Client Software; or Sublicense or transfer the Client Software or this Client Software EULA to any third party, whether voluntarily or by operation of law. Any such attempted sublicense or transfer shall be void and shall terminate your rights in the Client Software. Optus Mobile Device Security Service Description (Optus Business) 19 December 2012 19 Some third party software or other content included in the Client Software may be subject to other terms and conditions accompanying the content. 2. DOCUMENTATION. If documentation is provided with the Client Software, you may copy and use the documentation for your internal, reference purposes. 3. DISCLAIMER REGARDING USE OF THE CLIENT SOFTWARE. (a) Anonymous Diagnostic and Usage Data. You agree that Juniper and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your laptop, desktop, or personal mobile device, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Client Software, and to verify compliance with the terms of this Client Software EULA. Juniper may use this information, as long as it is collected anonymously in a form that Contract No. 20020125.1. S.022 89 Proprietary and Confidential This Agreement and information contained therein is not for use or disclosure outside of Juniper Networks, Inc. except under written agreement by Juniper. does not personally identify you, to improve its products or to provide services or technologies to you. (b) The Client Software is designed to operate in conjunction with certain applications or services that you may subscribe to either directly from an internet service provider or through your employer. Such operation may include (i) the transmission of information (including your personal identity information, other private content or confidential information) from your device for storage or other use, and (ii) remote instruction to the Client Software to erase or disable certain data or functionality on your device. TO THE FULLEST EXTENT ALLOWED BY LAW, JUNIPER HEREBY DISCLAIMS ALL LIABILITY FOR DAMAGES THAT MAY BE CAUSED TO YOU OR OTHERS BY ANY SUCH TRANSMISSION, ERASURE OR DISABLEMENT OR BY ANY UNAUTHORIZED DISCLOSURE OR ALTERATION OF ANY SUCH INFORMATION. 4. DISCLAIMER OF WARRANTY. THE CLIENT SOFTWARE IS LICENSED "AS-IS," "WITH ALL FAULTS." YOU BEAR THE FULL RISK OF USING IT. JUNIPER, ON BEHALF OF ITSELF AND EACH OF JUNIPER'S RESPECTIVE AFFILIATES GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE CLIENT SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS CLIENT SOFTWARE EULA CANNOT CHANGE. 5. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. JUNIPER’S AGGREGATE LIABILITY, AND THAT OF ITS SUPPLIERS, UNDER OR IN CONNECTION WITH THIS CLIENT SOFTWARE EULA SHALL BE LIMTED TO THE GREATER OF US $10.00 OR THE AMOUNT YOU PAID FOR THE CLIENT SOFTWARE, REGARDLESS OF THE THEORY OF RECOVERY, WHETHER BY CONTRACT, IN TORT OR UNDER STATUTE. YOU ALSO AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES OR LOST PROFITS FROM JUNIPER OR ITS SUPPLIERS IN CONNECTION WITH USE OF THE CLIENT SOFTWARE. These limitations apply to any claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. They also apply even if Juniper knew or should have known about the possibility of the damages. They do not, however, limit Juniper‘s liability to you in the event of death or personal injury resulting from Juniper‘s negligence or for fraud. 6. EXPORT RESTRICTIONS. The Client Software contains encryption and is subject to export laws and regulations of the United States and to export and/or import control laws of other nations. You represent and warrant that you are not a citizen or otherwise located within, an embargoed nation (including without limitation, Cuba, Iran, North Korea, Syria or Sudan) and you are not otherwise prohibited under any export laws from receiving the Client Software. These laws include additional restrictions on destinations, end users and end use. You must comply with all such laws and regulations in your use of the Client Software. Your rights to use the Client Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this section or any other provision of this Client Software EULA. 7. ENTIRE AGREEMENT; MODIFICATION; SEVERABILITY. This Client Software EULA constitutes the entire and sole agreement between the Parties with respect to the Software, and supersedes all prior and contemporaneous agreements relating to the Software, whether oral or written (including any inconsistent terms contained in a purchase order), except that the terms of a separate written agreement executed by an authorized Juniper representative and you shall govern to the extent such terms are inconsistent or conflict with terms contained herein. Neither any modification to this Client Software EULA nor any waiver of any rights hereunder shall be effective unless expressly assented to in writing by the party to be charged. If Optus Mobile Device Security Service Description (Optus Business) 19 December 2012 20 any portion of this Client Software EULA is held invalid, the Parties agree that such invalidity shall not affect the validity of the remainder of this Client Software EULA. 8. APPLICABLE LAW. This Client Software EULA shall be governed by the laws of the State of California (without reference to its conflicts of laws principles). The provisions of the U.N. Convention for the International Sale of Goods shall not apply to this Client Software EULA. For any disputes arising under this Client Software EULA, the Parties hereby consent to the personal and exclusive jurisdiction of, and venue in the courts of the state of California (and the US District Court for the district of Northern California). 9. LEGAL EFFECT. This Client Software EULA describes certain legal rights. You may have other rights under the laws of your country. This Client Software EULA does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 10. RIGHTS OF LICENSORS. To the extent any Juniper licensor has any right or interest in or to the Client Software, such licensor shall be a third party beneficiary of this Client Software EULA. Any licensor of Juniper whose software is embedded in the Client Software and any supplier of Juniper whose products or technology are embedded in (or services are accessed by) the Client Software shall be a third party beneficiary with respect to this Client Software EULA, and such licensor or vendor shall have the right to enforce this Client Software EULA in its own name as if it were Juniper. In addition, certain third party software may be provided with the Software and is subject to the accompanying license(s), if any, of its respective owner(s). To the extent portions of the Software are distributed under and subject to open source licenses obligating Juniper to make the source code for such portions publicly available (such as the GNU General Public License (―GPL‖) or the GNU Library Contract No. 20020125.1. S.022 90 Proprietary and Confidential This Agreement and information contained therein is not for use or disclosure outside of Juniper Networks, Inc. except under written agreement by Juniper. General Public License (―LGPL‖)), Juniper will make such source code portions (including Juniper modifications, as appropriate) available upon request for a period of up to three years from the date of distribution. You may obtain a copy of the GPL at http://www.gnu.org/licenses/gpl.html, and a copy of the LGPL at http://www.gnu.org/licenses/lgpl.html. Open source information and information on contacting Juniper can be found at http://www.juniper.net/support/products/ as applicable. 11. TERMINATION; SURVIVAL. This Client Software EULA is effective until terminated. Your rights under this Client Software EULA will terminate automatically without notice from Juniper if you fail to comply with any term(s) of this Client Software EULA. Upon the termination of this Client Software EULA, you shall cease all use of the Client Software and destroy all copies, full or partial, of the Client Software. The provisions of Sections 3, 4,5 and 11 shall survive the termination of this Client Software EULA howsoever caused. Optus Mobile Device Security Service Description (Optus Business) 19 December 2012