Software Development And Consulting Agreement

SECOND AMENDMENT TO

SOFTWARE DEVELOPMENT AND CONSULTING AGREEMENT



This Second Amendment to Software Development And Consulting Agreement is made and entered into on March 11, 2009 (the " Effective Date "), between SUMOTEXT, Inc. (formerly Reminderbox, Inc.) (" SUMOTEXT ") and Atreides, LLC (" Consultant " and the " Agreement "), each individually a " Party " and collectively the " Parties ."



W I T N E S S E T H :



WHEREAS , the Parties previously entered into a Software Development and Consulting Agreement on or around January 1, 2007 (the " Original Agreement ?);



WHEREAS , the Parties previously entered into a First Amendment to Software Development and Consulting Agreement on or around February 24, 2007 (the " Amended Agreement " and collectively with the Original Agreement, the " Software Agreement ");



WHEREAS , the Software Agreement includes some language which is confusing to the Parties; and



WHEREAS , the Parties desire to amend the language of the Software Agreement as provided below.



NOW, THEREFORE , in consideration for the promises and pledges contained below and other good and valuable consideration, which consideration the Parties acknowledge receipt of, and the premises and the mutual covenants, agreements, and considerations herein contained, the Parties hereto agree as follows:



1. Amendment to Software Agreement.


Subject to satisfaction of the condition precedent set forth below in Section 4, Section 8 of the Software Agreement is hereby removed in its entirety.



2. Consideration.


Each Party confirms a ...