1. APPLICABLE PROVISIONS.  This Exhibit E is incorporated by reference into the SaaS and shall be subject to and governed by all of the provisions of the SaaS except to the extent such provisions are expressly modified by this Exhibit E. Capitalized words and phrases used but not defined in this Exhibit E shall have the meanings ascribed thereto in the SaaS. In the event of any conflict or discrepancy between the provisions of this Exhibit E and the provisions of the SaaS, the provisions of this Exhibit E shall control. 2. DESCRIPTION OF THE SERVICE.  The definition of the “Service” contained in the first sentence of the SaaS is amended to include: “tele-medicine capabilities through the integration of third party web-based video conference services. 3. SECTION 1. DEFINITIONS.  A new definition is added to this section as follows:

“Video Service” means the ability of patients to consult with their physicians via third party web-based video conference service.

4. VIDEO SERVICE.  A new paragraph entitled “Video Service” is added to the SaaS as follows: a. Video Service.  It is acknowledged by the Parties that video conferencing software has been integrated into the Service and made available by DocResponse to Client pursuant to this Software as a Service Agreement, which was developed and delivered to DocResponse by a third party software company.   DocResponse is distributing, sublicensing and/or reselling the video conferencing software as a Video Service to Client through which Client may provide Tele-medicine services to its patients.  As such, DocResponse makes no warranties, express or implied, with respect to the Video Service or the underlying video conferencing software, including, without limitation, its availability, merchantability or fitness for a particular purpose and DocResponse accepts no liability of any kind whatsoever with respect to Client’s use of or the inability to use the Video Service.   Any warranty with respect to the Video Service shall be solely provided by the third-party licensor of the video conferencing software, except where this Software as a Service Agreement may state otherwise. b. The video conferencing software licensed by DocResponse and made a part of the Service is subject to one of the following third party licensor’s terms of service and privacy policy, which are as follows:

Video  Software Product

Third Party Video Software Vendor

Service and Privacy Terms


Twilio Inc.


Vonage Holdings Corp.


Amazon Web Services, Inc.

5. PROTECTED HEALTH INFORMATION.  The Parties acknowledge that DocResponse shall not have access to or take possession of any patient identifiable protected health information that may be transmitted between Client and its patients while using the Video Service.  DocResponse will continue to maintain the confidentiality of any patient identifiable protected health information that is within the possession of DocResponse consistent with the terms of the SaaS and the BAA.


a. This Exhibit E and any dispute or claims in connection herewith, shall be governed as set forth in the SaaS. b. This Exhibit E may be executed in any number of counterparts, each of which is deemed an original, and all taken together constitute one and the same instrument.  If this Exhibit E is executed in counterparts, no signatory is bound until all Parties have duly executed this Exhibit E, and all Parties have received a fully executed Exhibit E.  Any signature transmitted by facsimile or e-mail (in .pdf, .tif, .jpeg, or a similar format), or a photocopy of such transmission, is deemed to constitute the original signature of such Party to this Exhibit E. c. All other terms and conditions from the Software as a Service shall remain intact and in full force and effect.

IN WITNESS THEREOF, the Parties hereto, intending to be legally bound hereby, have caused this Exhibit E to be executed and delivered by their proper and duly authorized officers effective as of the Exhibit E Effective Date.