Lumina Networks Operational Support Services Schedule

Lumina Networks is pleased to offer Support Services for its SDN Controller (“LSC”), the Lumina Extension and Adaptation product (“LEAP”), and Lumina Flow Manager (“LFM”) pursuant to the terms stated herein. All capitalized terms used herein have the meanings ascribed thereto in this Schedule or in Lumina Networks’ general terms and conditions as stated at https://www.luminanetworks.com/general-terms/.

Upon payment for Support Services from Licensee (independently or within a subscription license), Lumina Networks will make Support Services and Licensed Materials as described in Section 1 herein available to the Licensee for Supported Software. All support will be provided in digital form via password-protected online access accessible by Licensee with usernames and passwords given to it by Lumina Networks, unless otherwise agreed by the parties. Unless otherwise agreed in a separate written agreement signed by both parties, all Support Services and support will be subject to: (i) the terms and conditions stated at https://www.luminanetworks.com/general-terms/, and (ii) the terms stated below. In the event of a conflict between the terms stated at https://www.luminanetworks.com/general-terms/ and the terms stated herein regarding Support Services, the terms stated herein control.

General Summary of Support Offerings

Operational Support is offered on a subscription license basis. Each subscription license will be limited to a particular period of time (the “Term” as defined below) and may be further limited to particular feature sets, users, types of users, geographies or other restriction. In normal circumstances individuals employed by paid Licensees may be authorized to obtain support. Rights to obtain support will be personal to the Licensee and may not be transferred or assigned without the express written consent of Lumina Networks. Lumina Networks may grant Licensee a discrete password or key for each license purchased. Licensee may assign each such password to a person within Licensee’s organization who may then access Lumina Networks’ support services on Licensee’s behalf. Licensee will be responsible for ensuring that all access to support and use of same is only as permitted herein and that there are no breaches of the applicable support and licensing terms. Response times and service level objectives related thereto for covered software are as specified in the tables in Section 8 below.

 

Lumina Community Support Support provided via the Lumina community through Slack (see luminacommunity.slack.com). This includes access to public chat rooms and related materials. Best efforts only. Advice may be provided by sources other than Lumina Networks. Typical requests will relate to product capability, basic trouble shooting and product integration questions. All access is provided without any representation, warranty or guarantee whatsoever. In no event will Lumina Networks be responsible or liable for any guidance, advice, software, code, ideas, or other matter delivered via the community by virtue of community support or otherwise.
Standard Operational Support Recommended for smaller organizations and networks that do not support critical deployments or infrastructures. Provides general support and software updates for Supported Software offerings as reflected by orders from the relevant Licensee for support submitted to, and accepted by, Lumina Networks. Also provides advice via telephonic or other remote support means for with defects in or problems with the utilization of covered Supported Software. Focuses upon issues related to the general use of Supported Software, not the creation of new applications or modifications thereto. See additional terms and conditions below.
Premium Operational Support Provides the benefits of, and is subject to the terms stated regarding, Standard Operational Support plus 24X7 access to help desks (holidays excluded), expedited response to Licensee inquiries, and a client specific support manager. Enhanced response times and service level objectives related thereto for Supported Software are as specified in Table 1 below. Note; Standard Operational Support and Premium Operational Support are mutually exclusive per Licensee.
Resident Engineer Offered pursuant to separate agreement. Dedicated individual to provide Support Services to Licensee at Licensee’s designated facility. The Resident Engineer will serve as a dedicated point of contact for Licensee re: questions associated with Lumina Networks’ products and related support. Please contact your Lumina Networks representative for additional information.
Dedicated Support Engineer Offered pursuant to separate agreement. A dedicated individual within the Lumina Networks’ support organization who will serve as a dedicated point of contact for Licensee re: questions associated with Lumina Networks’ products and related support. This person will serve as a dedicated expert on subject matters related to the Licensee and its use of Lumina Networks’ products. Support will be provided remotely, i.e., not at Licensee’s facilities. Please contact your Lumina Networks representative for additional information.
Customized Support Offered shall be pursuant to separate agreement. Provides unique support for NetDev Services deliverables. Customized support is for bespoke deliverables and, therefore, reflect support that is not available with Lumina Networks’ standard product support. Any and all Customized Support offerings must be defined and accepted in an agreed statement of work. Please contact your Lumina Networks representative for additional information.

Not all Services are available in all jurisdictions. All Services will be provided in English only.

Terms and Conditions related to the provision of Support Services

1. Definitions

For purposes of this Schedule, the following terms have the specified meanings.

“Authorized User” is a natural person who is an employee and/or designated representative of Licensee and who has been: (i) identified and designated in writing to obtain Support Services on Licensee’s behalf by Licensee; and (ii) has been accepted by Lumina.
“Licensee” refers to the entity or person(s) entitled to access and/or otherwise obtain Support Services pursuant to an agreement between the Licensee and Lumina.
“Licensed Materials” consist of all electronic information and software which is published or otherwise made available by Lumina to Licensee under this Agreement.
“Lumina” or “Lumina Networks” means Lumina Networks, Inc. and/or its designated affiliate that executes this SOW.
“Lumina Technology” refers to software, websites, networks, and equipment made available by, or used by, Lumina pursuant to this Agreement to facilitate Licensee’s access to and/or use of the Licensed Materials, including, but not limited to, Lumina’s online graphical user interface and Lumina’s Integration Tools (defined below). Lumina Technology does not include and specifically excludes Third Party Applications (defined below).
“Supported Software” means: (i) those Open Daylight (“ODL”) or other software programs and operations: (a) specifically referenced in Lumina Networks’ commercially available offerings at www.luminanetworks.com or, (b) agreed by Lumina Networks and Licensee; that (ii) Licensee is utilizing within a specific networking environment, all as specified in an order for support from Licensee accepted by Lumina Networks.
“Term” means the period of time specified in an order for Support Services submitted by Licensee to Lumina Networks that has been: (i) accepted by Lumina Networks; and (ii) paid for by Licensee.
“Third Party Applications” means computer software programs and other technology that are provided or made available to Licensee or Authorized Users by third parties, including those with which the Lumina Technology may interoperate, including, for example, Licensee’s systems and network or software.

2. Authorized Access to Support Services and Related Use of Licensed Materials and Lumina Technology

2.1 Access to Support Services. Lumina Networks will permit Authorized Users to access Support Services and Licensed Materials related to the Supported Software during subscription periods as described in a valid purchase order and license agreement between Lumina Networks’ and Licensee. Licensee may only designate persons as Authorized Users who are either: (i) employed by Licensee on a full-time basis or; (ii) if they are not so employed, only: (a) where such person is contractually obligated to comply with Licensee’s instructions regarding the access to and use of the Support Services and Licensed Materials and (b) has been approved by Lumina Networks. Licensee shall be responsible for compliance with the terms of this Agreement by all Authorized Users, including, without limitation, the restrictions on use and transfer of the Licensed Materials set forth herein. Licensee is specifically responsible for: (i) terminating any Authorized User’s access to Support Services and Licensed Materials immediately if the Authorized User’s employment or contractual relationship upon which his or her Authorized User status is conditioned under this SOW terminates; and (ii) promptly notifying Lumina of such termination so that such person’s login credentials can be disabled. Licensee may reassign the Authorized User’s designation at any time subject to the foregoing qualification requirements.
2.2 Lumina Networks will provide unique usernames and passwords to Licensee for each Authorized User. Such usernames and passwords may not be shared or used by anyone who is not an Authorized User to gain access to Support Services or Licensed Materials or for use on the behalf of anyone other than Licensee. If any Authorized User login credentials are shared with or used by non-Authorized Users or for parties other than the Licensee, Licensee agrees to pay additional Authorized User and license fees as per Lumina Networks’ terms and conditions, due immediately upon Licensee’s receipt of invoice for same.
2.3 During paid Term(s), Lumina may make available certain “Integration Tools”, which consist of Lumina Technology designed to allow Licensee to use Lumina Technology and the Licensed Materials in such a way as to interoperate with one or more Third Party Applications. Lumina is not responsible for and does not endorse any Third Party Applications or websites linked to or by Lumina Technology.
2.4. Note; Standard Operational Support and Premium Operational Support are mutually exclusive per Licensee.

3. Authorized Receipt of Support Services and Use of Licensed Materials

During paid Term(s) Licensee may obtain Support Services and use the Licensed Materials solely in and for the use of Supported Software for Licensee’s behalf. Licensee shall ensure that each Authorized User does not access Support Services or use the Licensed Materials for the benefit of or on behalf of any person or entity except Licensee. Authorized Users shall be limited to the following: (i) to view the Licensed Materials; (ii) to utilize the Licensed Materials as permitted by the applicable license attached thereto and/or to further Licensee’s use of the Supported Software; and (iii) to download and use selected information from the Licensed Materials for Licensee’s benefit. Licensee shall not redistribute, sublicense, transfer, sell, offer for sale, or disclose any of the Licensed Materials to any third party unless, and/or except to the extent, permitted by any license attached to the relevant Licensed Materials. Licensee shall not remove, obscure, or modify any notice of copyright or other notice included in the Licensed Materials.

4. Use of Lumina Technology

Unless agreed in separate agreement for development of bespoke deliverables, Licensee is permitted to use the Lumina Technology solely for the purpose of accessing and using the Licensed Materials as permitted by this Agreement. All such use must be in an appropriate environment for the Supported Software (such environment being as defined in the relevant specifications for the Supported Software). Licensee will not: (i) reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from any of the Lumina Technology and Licensed Materials; (ii) reproduce, modify, create, or prepare derivative works of any of the Lumina Technology or related documentation; (iii) distribute or display any of the Lumina Technology and Licensed Materials or related documentation other than Licensee’s representatives who are bound by their relationship with Licensee to the terms of this document; (iv) share, sell, rent, or lease or otherwise distribute access to the Lumina Technology, or use the Lumina Technology and Licensed Materials to operate any timesharing, managed service, third party network, service bureau, or similar business; (v) create any security interest in the Lumina Technology or Licensed Materials; or (vi) alter, destroy, or otherwise remove any proprietary notices or labels on or embedded within or on the Lumina Technology, Licensed Materials or related documentation. Licensee may use Lumina Technology and Licensed Materials only in accordance with this Agreement and not for the benefit of any third party unless expressly permitted herein.

5. Identification of Licensed Materials

Any Licensed Materials that are downloaded must respect and retain all identifying information related thereto
including, but not limited to, any open source attributions, copyright or trademark notices, etc.

6. Licensee’s Obligations Regarding Support Services

6.1 Licensee’s Responsibilities. Licensee acknowledges and agrees that in order for Lumina Networks to provide technical support or any services Licensee must:
(a) Provide, at Licensee’s sole expense, remote access capability such as telnet or dial-up, modem, configuration, and telephone lines.
(b) Provide Lumina Networks with appropriate (as determined by Lumina Networks), upon request, access to the network, system(s) (security and sign-on instructions must be supplied for all options/applications), host equipment and all customer data used by the Support Software as requested by Lumina Networks. Access to such data shall be used exclusively for technical support purposes and shall be subject to Lumina Networks’ agreement to protect proprietary information. Licensee must cooperate fully with Lumina Networks’ request for information, personnel and time necessary to provide technical support for remote access.
(c) Provide, at Licensee’s expense, access utilizing a telecommunication connection software package to be specified by Lumina Networks.
6.2 Licensee represents, warrants, and covenants that it will not, in connection with its access to Support Services and/or use of Lumina Technology and Licensed Materials: (i) commit or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (ii) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (iii) use the Lumina Technology or Licensed Materials, or any part thereof, to harass or harm any person in any way; or (iv) disparage, defame, libel or make untrue or malicious statements about Lumina.
6.3 Identification of Authorized Users. Licensee shall identify all Authorized Users to Lumina by providing names, work email addresses, and telephone numbers.
6.4 Provision of Notice of License Terms to Authorized Users. Licensee shall provide Authorized Users with notice of the terms and conditions related to their access to Support Services and/or use of Licensed Materials, Supported Software and Lumina Technology, including but not limited to the terms stated herein, the terms of Lumina Networks’ EULA at https://www.luminanetworks.com/software-terms-of-service/ and the terms of any applicable Open Source software licenses. Such notice will include, but shall be not limited to, any and all limitations on access to or use of the Licensed Materials.
6.5 Protection from Unauthorized Use. Licensee shall make commercially-reasonable best efforts to prevent unauthorized access to or use of the Licensed Materials, Lumina Technology and Supported Software. In the event of any unauthorized use of or access to the Licensed Materials, Lumina may suspend or terminate Licensee’s access to the Licensed Materials, Lumina Technology and/or Supported Software provided that Lumina shall first provide reasonable notice to Licensee and cooperate with the Licensee to avoid recurrence of any unauthorized use of or access to such materials

7. Term and Termination rights related to Support Services

7.1 Licensee (and, as applicable, its designated Authorized Users) are only entitled to obtain Support Services and access Licensed Materials and the Lumina Technology during Term specified in the relevant ordering document. On the last day of the relevant Term, the Term will extend for a successive period equal to the length of the prior Term unless either party notifies the other in writing at least sixty (60) days prior to the end of the then-current Term of its intent that the Term not so extend. In the event that the Term is so extended, the subscription and/or support service fee for the period of such extension shall equal the fee from the preceding period plus 10% of such fee unless otherwise agreed. Lumina may invoice fees for subsequent periods immediately upon their renewal. All such fees will be due 30 days from the date specified in Lumina Networks’ invoice.
7.2 Termination. Either party may terminate this Agreement immediately, without further obligation to the other party, in the event of a material breach of this Agreement by the other party that is not remedied within twenty- one (21) days after the breaching party’s receipt of written notice of such breach. Upon expiration or termination of this Agreement, Licensee acknowledges and agrees that Licensee’s access to the Licensed Materials and Lumina Technology will be automatically terminated, all passwords and individual accounts will be removed, and all information that has been uploaded into Lumina’s systems by Licensee may be destroyed. No right of refunds or to pro-rata fees will be created upon termination. Download capability will be disabled 30 days prior to the end of the Term. Upon expiration or termination of this Agreement, Licensee agrees to destroy any and all copies of Licensed Materials and any information it has obtained from the Licensed Materials, whether in hard copy or electronic form. Licensee may not otherwise terminate any order for Support Services.

8. Support Methodology

Lumina Networks will provide support and respond to requests for assistance from Licensee in accordance with the tranches described in the following table. Note; resolution and response time frames are estimates only; actual delivery schedules will be determined on a case by case basis. All time frames start upon creation of a trouble ticket related to the issue as indicated by Lumina Networks’ technical support logs.

Standard Operational Support:

8.1 Telephonic and/or IT support.

Support Services to be provided.

Severity Category Level Initial Acknowledgment SLA Frequency Update Escalation
Severity 1. - CRITICAL

The Supported Software is completely non-functional. Loss of functionality preventing users from performing any work.

Within 4 hours of support call. Problem diagnosis to commence immediately after the information is received by Lumina Networks’ support staff. Status reported daily of acknowledging initial support call. Escalation to Lumina Executives after 2 days.
Severity 2. - HIGH

A mission critical feature or function within the Supported Software is inaccessible or unresponsive in a manner that prevents users from performing work, and/or the performance of the Supported Software is materially degraded.

Within 8 hours of Lumina Networks’ acknowledgement of the trouble ticket. Status reported within 2 days of attaining initial support call. Escalation to Lumina Executives after 1 week.
Severity 3. - MEDIUM

Any general problem that affects the performance of the Supported Software but does not degrade mission critical functionality.

Within the next business day of Lumina Networks’ acknowledgement of the trouble ticket. Status reported every 2 weeks of attaining initial support call. Not applicable.
Severity 3. - LOW

(Operating Inquiries.)
Examples: Inquiries on functionality, operation system/platform inquiries, status updates, How-to questions.

Networks’ acknowledgment of the trouble ticket. (These are inquiries and take priority only after the severities 1, 2, and 3). attaining initial support call  

Premium Operational Support:

8.2 Telephonic and/or IT support.

Support Services to be provided.

Severity Category Level Initial Acknowledgment SLA Frequency Update Escalation
Severity 1. - CRITICAL

The Supported Software is completely non-functional. Loss of functionality preventing users from performing any work.

Within 2 hours of support call. Problem diagnosis to commence immediately after the information is received by Lumina Networks’ support staff. Status reported every 6 hours of acknowledging initial support call. Escalation to Lumina Executives after 1 days.
Severity 2. - HIGH

A mission critical feature or function within the Supported Software is inaccessible or unresponsive in a manner that prevents users from performing work, and/or the performance of the Supported Software is materially degraded.

Within 4 hours of Lumina Networks’ acknowledgement of the trouble ticket. Status reported daily of attaining initial support call. Escalation to Lumina Executives after 2 days.
Severity 3. - MEDIUM

Any general problem that affects the performance of the Supported Software but does not degrade mission critical functionality.

Within the next business day of Lumina Networks’ acknowledgement of the trouble ticket. Status reported weekly of attaining initial support call. Escalation to Lumina Executives after 7 days.
Severity 3. - LOW

(Operating Inquiries.)
Examples: Inquiries on functionality, operation system/platform inquiries, status updates, How-to questions.

Within 2 days of Lumina Networks’ acknowledgment of the trouble ticket. (These are inquiries and take priority only after the severities 1, 2, and 3). Status reported every 2 weeks of attaining initial support call Not applicable

8.3 Lumina Networks’ support methodology.

Lumina Networks’ basic methodology for correction of Supported Software through the provision of updates, patches, or similar code-based deliverables is outlined below. Note; these processes only apply to Critical and High Severity Level issues.

  T1- Diagnose and Triage T2 -Recreate and Root Cause Analysis T-3 Develop Fix T-4 Test and Refine T-5 Release
Activities Initial call. Raise case Diagnose issue and triage to relevant support team. Recreate issue to identify root cause. Assess whether fix exists or if one is needed. Develop fix if required Basic testing to confirm fix suitability and effectiveness Test using customer data. Regression test case to confirm fix can be incorporated into master code base. Refine fix based on test results Package and release for operational use.
Response Acknowledgment of call. Regular update on diagnosis progress Regular updates on progress recreating issues and analysis. Estimated delivery based on issues of similar complexity. Expected completion of testing. Proposed release date.

9. Exclusions and limitations

9.1 The following are excluded from any and all support requirements and offerings.
A. Support for any software, product or offering outside of, or operating outside the definition and
parameters of any applicable Lumina Networks’ reference architecture and compatibility matrix.
B. Issues related to or arising from usage of Supported Software. Licensed Materials, Lumina Technology or product in an improper usage environment.
C. Any proprietary software owned and/or licensed by a third party (i.e., that was not licensed to
Licensee by. Lumina Networks).
D. Any and all hardware related items or issues.
E. Support for any customized products or software provided, modified or updated by any person or entity other than Lumina Networks.
F. Support in any language other than English.
G. Supported, patches, updates, upgrades or other modifications to Supported Software that are obtained from anyone other than Lumina Networks including, but not limited to, the open source community.
9.2 Lumina Networks is under no obligation to provide support or other services unless Licensee has paid all fees due for Subscriptions and/or Support Services and has complied with its obligations under the Agreement and license governing Licensee’s use of Supported Software.
9.3 Support Services only extend to Supported Software in the form provided by Lumina Networks, i.e., unmodified Supported Software. Lumina Networks will have/has no obligation to provide Support Services for any failure or defect caused by: (a) improper environment, abuse, misuse, accident or negligence; (b) Licensee’s failure to use the Supported Software in accordance with its instructions and directions re: use; (c) Licensee’s failure to install updates and/or relevant upgrades to the extent that the error or problem would have been avoided by installation of the update or upgrade; (d) outside causes not related to the Supported Software; or (e) any problem or issue arising from hardware or the Licensee’s use of third party products or infrastructures. Lumina Networks reserves the right to charge for any work performed by it related to the foregoing exclusions or that is otherwise found to be outside the scope of the Support Services at Lumina Networks’ then-current standard hourly rates.
9.4 Unless otherwise agreed, the Service Management Desk is only available during standard business hours Monday through Friday, of our major support centers (California, U.S.A., Bangalore, India and Sydney, Australia.
9.5 Support Services do not include any on-site diagnosis or on-site problem resolution unless expressly
contracted.

10. Indemnification

Licensee agrees to indemnify, defend, and hold harmless Lumina and its officers, directors, employees, shareholders, agents, partners, successors, and permitted assigns from and against any and all actual or threatened claims of third parties arising out of or in connection with (1) Licensee’s access to Support Services or use of the Licensed Materials and/or Lumina Technology in violation of any law, (2) Licensee’s violation of any provision of this Schedule or the Agreement to which it relates, (3) breach of any terms or conditions related to the Licensed Materials, Supported Software and/or Lumina Technology, including but not limited to the use of the Licensed Materials Supported Software and/or Lumina Technology in violation of any law or the rights of any third party, (4) the use of any Supported Software, Licensed Materials or Lumina Technology by any third party to whom Licensee has granted access (including access obtained through use of the usernames and passwords assigned to Licensee and its personnel), and/or (5) claims of any third party related to Licensee or any Authorized User’s use of any Third Party Applications, hardware, software or tools of any kind.

11. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR INSTANCES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO EVENT WILL LUMINA NETWORKS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, MULTIPLE, INDIRECT, CONSEQUENTIAL, SPECIAL, OR LOST PROFITS DAMAGES ARISING FROM OR RELATING TO THIS SCHEDULE, THE PROVISION OF SUPPORT SERVICES OR LICENSED MATERIALS, OR THE AGREEMENT UNDERLYING SAME, WHETHER FORESEEABLE OR UNFORSEEABLE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR ANY UNCURED BREACH BY LUMINA OF ITS OBLIGATIONS UNDER THIS AGREEMENT IS TERMINATION BY WRITTEN NOTICE TO LUMINA, AND REFUND OF A PRORATED PORTION OF THE SUPPORT FEES THAT LICENSEE HAS PAID. LUMINA’S MAXIMUM LIABILITY TO LICENSEE SHALL BE THE AMOUNTS ACTUALLY PAID TO LUMINA BY LICENSEE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LICENSEE’S CAUSE OF ACTION.

12. DISCLAIMER

EXCEPT FOR ANY EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SCHEDULE OR THE RELATED AGREEMENT, THE LICENSED MATERIALS, SUPPORTED SOFTWARE AND/OR ANY MODIFICATIONS, UPDATES, UPGRADES OR ADD ON RELATED THERETO, AND LUMINA TECHNOLOGY ARE PROVIDED “AS IS”. LUMINA NETWORKS DOES NOT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT RELATED TO THE SUPPORT SERVICES, SUPPORTED SOFTWARE, THE LICENSED MATERIALS AND/OR LUMINA TECHNOLOGY. LUMINA NETWORKS SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR LIABILITIES WHATSOEVER WITH REGARD TO THIRD PARTY APPLICATIONS, PRODUCTS, SERVICES OR ITEMS. LICENSEE HAS NO RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF THE OTHER PARTY TO ANY THIRD PARTY.

13. ENTIRE AGREEMENT

This Schedule, as incorporated into Lumina Networks’ general terms and conditions at https://www.luminanetworks.com/general-terms/, constitutes the entire Agreement of the parties related to Support Services and the related Licensed Materials/the Lumina Technology. It thereby supersedes all prior communications, understandings, and agreements relating to the subject matter hereof, whether oral or written.

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