Preview
DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26 23CV415833
Santa Clara — Civil
Electronically Filed
RAJIV DHARNIDHARKA (Cal. Bar No. 234756)
rajiv.dharnidharka@dlapiper.com by Superior Court of CA,
JEANETTE BARZELAY (Cal. Bar No. 261780) County of Santa Clara,
jeanette.barzelay@us.dlapiper.com on 5/19/2023 7:04 AM
MICAH A. CHAVIN (Cal. Bar No. 313634) Reviewed By: R. Walker
micah.chavin@dlapiper.com Case #23CV415833
DLA PIPER LLP (US) Envelope: 12016391
2000 University Avenue
East Palo Alto, CA 94303-2214
Tel: 650.833.2000
Fax: 650.833.2001
Attorneys for Defendant,
Sycomp A Technology Company
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SANTA CLARA
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TRACE3, LLC, a California limited liability CASE NO. 23CV415833
13 company,
DECLARATION OF DEVIN TOMCIK IN
14 SUPPORT OF DEFENDANT SYCOMP A
Plaintiff, TECHNOLOGY COMPANY’S
15 OPPOSITION TO PLAINTIFF TRACE 3,
Vv. LLC’S EX PARTE APPLICATION FOR A|
16 TEMPORARY RESTRAINING ORDER
SYCOMP A TECHNOLOGY COMPANY, TO SHOW CAUSE REGARDING
17 INC., a California corporation; TIMOTHY PRELIMINARY INJUNCTION AGAINST
CORDELL, an individual; LILIAN ELIAS, an DEFENDANTS
18 individual; GEOFF PETERSON, an individual;
DEVIN TOMCIK, an individual; and DOES 1- Date: TBD
19 10, inclusive; Time: TBD
Dept: 1
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Defendants. Action Filed: May 12, 2023
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DLA Pier LLP (US)
PALO ALTO
WEST\302854780.1 1 CASE NO. 23CV415833
DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION
DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26
I, Devin Tomcik, declare as follows:
1 I am a Defendant in the above-captioned action and an employee of Defendant
Sycomp A Technology Company, Inc. (“Sycomp”). I submit this Declaration in support of
Sycomp’s Opposition to Plaintiff Trace3’s Ex Parte Application for Temporary Restraining Order
and Order to Show Cause Regarding Preliminary Injunction Against Defendants Sycomp a
Technology Company, Inc., Geoffrey Peterson, Timothy Cordell, Lilian Elias, and Devin Tomcik.
I have personal knowledge of the facts set forth in this Declaration, and if called as a witness, could
and would testify competently to such facts under oath.
2 I am a former employee of Plaintiff TRACE3 LLC (‘“Trace3”). I resigned from
10 Trace3 on April 16, 2023, and I continued to work for Trace3 up until my final day. I returned my
11 Trace3 work computer (along with a second non-functioning Trace3 laptop) on April 20, 2023,
12 using a shipping box and Federal Express label supplied by Trace3.
13 3 While I worked at Trace3, and before that at Groupware, I used a personal Dropbox
14 folder that was mirrored across my work computer, personal laptop, as well as a media desktop
15 machine that I primarily used to watch movies. Prior to returning my work computer, | deleted all
16 files from this Dropbox folder. The same files were therefore removed from my personal laptop.
17 (Iam not aware if the files were removed from my media desktop because I have not turned on that
18 device since March 8, 2023, when it crashed due to a power outage.)
19 4 My use of Dropbox for work was well-known to my colleagues at Groupware and
20 Trace3. I used Dropbox as a supplement to the company’s Box account for two reasons: first, I had
21 begun using Dropbox shortly after I began working for Groupware in 2011, and years before the
22 company began using Box as the company’s cloud storage platform. Second, the interface for
23 Dropbox was better: the files stored there were mirrored to match the files on my desktop; Box, by
24 contrast, uses its own folder structure that is not as conducive to the fast pace at which I like to
25 work.
26 5 Although I cannot confirm the specific dates, Trace3 is correct that I had a personal
27 USB drive that I connected to my Trace3 laptop and that I used as a backup. I neglected to send
28 that device to Trace3 when I shipped my laptops and power cords back to the company on April
DLA Pier LLP (US)
PALO ALTO
WEST\302854780.1 2 CASE NO. 23CV415833
DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION
DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26
20, 2023. When I received a cease-and-desist letter from Trace3’s attorneys on April 21, 2023, I
should have immediately shipped that USB drive to the company because, in addition to many
personal files, it also contained Trace3 information. Instead, I destroyed it. To be clear, I did this
entirely on my own and without providing prior notice to anyone at Sycomp. I do not have access
to any of the files that were on that thumb drive and have not had access to them since April 21,
2023. I did not transfer or otherwise deliver or communicate any of the contents of that thumb
drive to any other person at Sycomp, nor did I connect it to any other device, including my Sycomp-
issued laptop. The materials formerly contained on that thumb drive were destroyed, although they
should all still exist on Trace3’s network.
10 6. T have now done a thorough search of my home to see whether I might inadvertently
11 have retained any additional information belonging to Trace3. Except for the photographs
12 described in the next paragraph, I have not. I also did not transfer any Trace3 files, documents, or
13 information to anyone at Sycomp.
14 7 Finally, although I have not opened or viewed them since beginning work at
15 Sycomp, I believe that my iPhone may contain photographs I took during my work at Groupware
16 and Trace3. I occasionally] took photographs of customer installations and whiteboard
17 presentations during meetings, but generally I would not revisit them. I cannot quantify the number
18 of such images because, again, I have refrained from scrolling back to look at them since I began
19 working at Sycomp.
20 8 Attached as Exhibit 1 is a true and correct copy of my April 7, 2023, Offer of
21 Employment letter from Sycomp (redacted to exclude my compensation details and home address)
22 which I signed on April 14, 2020. I have complied with and I am in compliance with Section 5 of
23 this Offer of Employment, titled No Conflicting Obligations, with the understanding that the non-
24 competition and non-solicitation clauses with prior employers are unenforceable pursuant to
25 California law.
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DLA Pier LLP (US)
PALO ALTO
WEST\302854780.1 3 CASE NO. 23CV415833
DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION
DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed this 18th day of May 2023, at Santa Cruz, California.
DocuSigned by:
Desi. Tomei
AIOAT OUT a0!
Devin Tomcil
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DLA Pier LLP (US)
Pato Avro
WEST\302854780. 1 4 CASE NO. 23CV415833
DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION
DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26
Exhibit 1
DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26
SY CoM p
Corporate HQ
950 Tower Lane #1785
Foster City, CA 94404
Main 1.877.901.7416
Delivering Technology Globally Fax 1.650.312.8175
April 7, 2023
Devin Tomcik
Santa Cruz, CA 95060
RE: Offer of Employment
Dear Devin:
We are very pleased to offer you a position with Sycomp, A Technology Company, Inc. (the “Company”). This offer
letter describes the terms and conditions of your employment here at the Company:
1, Position. You will be hired as a full-time Global Account Manager, working from Foster City, CA,
effective May 1, 2023, your start date. This is an exempt position, which means that you will not be eligible
for overtime pay. In your capacity as Global Account Manager, you will perform duties and responsibilities
that are reasonable and consistent with this position as may be assigned to you from time to time. You will
report directly to Allen Shahdadi, Global Vice President Sales, or another individual designated by the
Company.
2. At-Will Employment. The status of your employment with the Company will be at-will, which means your
employment can be terminated, by you or the Company, with or without cause, and with or without notice.
Although your job duties, title, compensation, and benefits, as well as the Company’s personnel policies and
procedures, may change from time to time, the “at will” nature of your employment may only be changed in
an express written agreement signed by you and a duly authorized officer of the Company.
3. Compensation. Your salary will be III per year, payable in accordance with the Company’s standard
payroll practices, and subject to applicable tax withholdings. You will be eligible to eam a 1-time signing
bonus of I which will be paid to you in the I" pay after your date of hire. Compensation will be
subject to adjustment pursuant to the Company’s employee compensation policies in effect from time to time.
The WH signing bonus is contingent upon your continued employment through the one-year
anniversary of your employment start date; you therefore agree that any unearned portion of the signing
bonus will be paid back to the Company proportionally within 30 days of your termination date if you leave
Sycomp prior to your 1 anniversary.
Commissions. As a member of the Company’s sales team, you will be eligible to receive commission of
Gross Profit on deals where you drive value.
a. Legacy Commission:
b. Development Commission, not lead Account Manager: ED
c. Development Commission, lead Account Manager: J
Development accounts are new accounts or accounts that are established but have potential to do more with
increased coverage and customer service. These accounts and their coverage are subject to modification.
d For 2023 — Ending December 31, the target for your division is J in GP. Ifthe target is
met, you will receive an incremental bonus set by your manager from a pool of J GP.
For your first 5 years — Provided you are still employed with Company, there will be no changes
in your salary or commission plans.
All commissions must be called out on the House Quote. This commission plan is based on manager
approval. Sycomp reserves the right to amend, modify or terminate, this plan at any time. The earning of
any commission is subject to your continued employment (along with other earning conditions set forth in
the commission plan).
Commission Plan Conditions. To be eligible for compensation under the commission plan: You will
also be required to sign and comply with the terms and conditions of Sycomp’s Proprietary Information
Sycomp.com
DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26
SY CoM p
Corporate HQ
950 Tower Lane #1785
Foster City, CA 94404
Main 1.877.901.7416
Delivering Technology Globally Fax 1.650.312.8175
and Invention Assignment Agreement and, further, you must be in good standing with Sycomp having
read, signed your acknowledgment of and be in compliance with, the Sycomp Employee Handbook.
This offer letter is confidential.
Termination. Participating employees who voluntarily resign or are involuntarily terminated, with or
without cause, will be paid their base salary through the agreed upon termination date. In addition, the
employee will be eligible only for commission payments earned against closed deals prior to their last day of
employment, Those earned commissions will be paid to resigning or terminated participating employees on
the regularly scheduled commission payment schedule. Under no circumstance will the participating
employee be eligible for commit ions on future renewals. The participating employee must also return
all Company documents and property and settle any financial obligations owed to the Company.
5. No Conflicting Obligations. By executing this letter, you represent and warrant that your performance under
this letter does not and will not breach any agreement you have entered into, or will enter into, with any other
party. You shall not engage in any other employment, occupation, consulting, or other business activity
directly related to the busine in which the Company is now involved or becomes involved during the term
of your employment, nor will you engage in any other activities that conflict with your obligations to the
Company. Similarly, you agree not to bring any third-party confidential information to the Company,
including that of any former employer, and that you will not in any way utilize any such information in
performing your duties for the Company. It is the Company’s understanding that any such agreements will
not prevent you from performing the duties of your position and you represent that such is the case. By
signing and accepting this offer, you represent and warrant that: (i) you are not subject to any pre-existing
contractual or other legal obligation with any person, company or business enterprise which may be an
impediment to, or a conflict of interest with, your employment with the Company, or your providing services
to the Company as its employee; (ii) you do not have and shall not bring onto the Company’s premises, or
use in the course of your employment with the Company, any confidential or proprietary information of
another person, company or business enterprise to whom you previously provided services; and (iii) you will
not, at any time during your employment with the Company, breach any obligation or agreement that you
have entered into with any third party, including your former employers. You agree not to enter into any
written or oral agreement that conflicts with this letter.
6. Benefits. You will be eligible to receive other benefits, including health plans, paid time off and the like, if
any, that are generally offered to other Company employees at your level from time to time, in accordance
with the terms of such benefit plans and programs. Such programs are subject to change from time to time in
the company’s discretion.
7. Proprietary Information and Invention Assignment Agreement. Like all Company employees, you will
be required, as a condition of your employment with the Company, to sign the Company’s standard
Proprietary Information and Invention Assignment Agreement (PIIAA), a copy of which is attached to this
letter.
8. Entire Agreement. This letter, together with the Proprietary Information and Invention Agreement and any
other agreements referenced herein, set forth the complete and exclusive terms of your employment with the
Company and supersedes and replaces any prior understandings or agreements, whether oral, written, or
implied, between you and the Company regarding the matters described in this letter. This letter may not be
modified or amended except in a writing signed by you and an authorized representative of the Company.
Devin, we hope that you will accept our offer to join Sycomp, and we feel certain that this position will mark the
beginning ofan exciting and challenging opportunity. You may indicate your agreement with these terms and accept
this offer by signing and dating both this letter and the enclosed attachment(s) and returning them to me by close of
business on Friday April 14, 2023.
Sycomp.com
DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26
SY CoM p
Corporate HQ
950 Tower Lane #1785
Foster City, CA 94404
Main 1.877.901.7416
Delivering Technology Globally Fax 1.650.312.8175
This offer is contingent upon you: 1) signing, returning, and complying with Company’s Proprietary Information and
Invention Assignment Agreement; 2) timely providing Company with appropriate documents establishing your
identity and right to work in the United States; 3) consenting to a background check, in accordance with applicable
law, that produces results satisfactory to Company.
If you have any questions, please feel free to call me at 925-864-6115.
webyey OLS,
Men Shaldadi
Allen Shahdadt
Global VP Sales
Acceptance of Offer: I the undersigned hereby accept the terms and provisions as are set forth in this letter. I
acknowledge that this agreement supersedes any and all offers, commitments and promises made during interviews
and any other discussions between me and any Company representative prior to now regarding prospective
employment with the Company.
[0 win,
DocuSigned by:
Tomek.
Signature ofDevin Tomcik
Dated:
4/14/2023 | 11:55:45 AM PDT
Exhibit A: Roles and Responsibilities
Position: Global Account Manager
Reports to: Allen Shahdadi, Global VP Sales
Role Responsibilities: (including but not limited to):
Develop customer relationships that drive pipeline and revenue/profit
Consistently achieve high levels of customer satisfaction
Maintain strong working relationships with vendor’s sales and support teams which are
represented by Sycomp
Secure certifications in products by attending education classes or online training
Other duties and functions that are needed or requested on an on-going basis
Additional Responsibilities will be assigned where your role seems fit
Sycomp.com
Preview
DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26 23CV415833 Santa Clara — Civil Electronically Filed RAJIV DHARNIDHARKA (Cal. Bar No. 234756) rajiv.dharnidharka@dlapiper.com by Superior Court of CA, JEANETTE BARZELAY (Cal. Bar No. 261780) County of Santa Clara, jeanette.barzelay@us.dlapiper.com on 5/19/2023 7:04 AM MICAH A. CHAVIN (Cal. Bar No. 313634) Reviewed By: R. Walker micah.chavin@dlapiper.com Case #23CV415833 DLA PIPER LLP (US) Envelope: 12016391 2000 University Avenue East Palo Alto, CA 94303-2214 Tel: 650.833.2000 Fax: 650.833.2001 Attorneys for Defendant, Sycomp A Technology Company SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SANTA CLARA 11 12 TRACE3, LLC, a California limited liability CASE NO. 23CV415833 13 company, DECLARATION OF DEVIN TOMCIK IN 14 SUPPORT OF DEFENDANT SYCOMP A Plaintiff, TECHNOLOGY COMPANY’S 15 OPPOSITION TO PLAINTIFF TRACE 3, Vv. LLC’S EX PARTE APPLICATION FOR A| 16 TEMPORARY RESTRAINING ORDER SYCOMP A TECHNOLOGY COMPANY, TO SHOW CAUSE REGARDING 17 INC., a California corporation; TIMOTHY PRELIMINARY INJUNCTION AGAINST CORDELL, an individual; LILIAN ELIAS, an DEFENDANTS 18 individual; GEOFF PETERSON, an individual; DEVIN TOMCIK, an individual; and DOES 1- Date: TBD 19 10, inclusive; Time: TBD Dept: 1 20 Defendants. Action Filed: May 12, 2023 21 22 23 24 25 26 27 28 DLA Pier LLP (US) PALO ALTO WEST\302854780.1 1 CASE NO. 23CV415833 DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26 I, Devin Tomcik, declare as follows: 1 I am a Defendant in the above-captioned action and an employee of Defendant Sycomp A Technology Company, Inc. (“Sycomp”). I submit this Declaration in support of Sycomp’s Opposition to Plaintiff Trace3’s Ex Parte Application for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction Against Defendants Sycomp a Technology Company, Inc., Geoffrey Peterson, Timothy Cordell, Lilian Elias, and Devin Tomcik. I have personal knowledge of the facts set forth in this Declaration, and if called as a witness, could and would testify competently to such facts under oath. 2 I am a former employee of Plaintiff TRACE3 LLC (‘“Trace3”). I resigned from 10 Trace3 on April 16, 2023, and I continued to work for Trace3 up until my final day. I returned my 11 Trace3 work computer (along with a second non-functioning Trace3 laptop) on April 20, 2023, 12 using a shipping box and Federal Express label supplied by Trace3. 13 3 While I worked at Trace3, and before that at Groupware, I used a personal Dropbox 14 folder that was mirrored across my work computer, personal laptop, as well as a media desktop 15 machine that I primarily used to watch movies. Prior to returning my work computer, | deleted all 16 files from this Dropbox folder. The same files were therefore removed from my personal laptop. 17 (Iam not aware if the files were removed from my media desktop because I have not turned on that 18 device since March 8, 2023, when it crashed due to a power outage.) 19 4 My use of Dropbox for work was well-known to my colleagues at Groupware and 20 Trace3. I used Dropbox as a supplement to the company’s Box account for two reasons: first, I had 21 begun using Dropbox shortly after I began working for Groupware in 2011, and years before the 22 company began using Box as the company’s cloud storage platform. Second, the interface for 23 Dropbox was better: the files stored there were mirrored to match the files on my desktop; Box, by 24 contrast, uses its own folder structure that is not as conducive to the fast pace at which I like to 25 work. 26 5 Although I cannot confirm the specific dates, Trace3 is correct that I had a personal 27 USB drive that I connected to my Trace3 laptop and that I used as a backup. I neglected to send 28 that device to Trace3 when I shipped my laptops and power cords back to the company on April DLA Pier LLP (US) PALO ALTO WEST\302854780.1 2 CASE NO. 23CV415833 DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26 20, 2023. When I received a cease-and-desist letter from Trace3’s attorneys on April 21, 2023, I should have immediately shipped that USB drive to the company because, in addition to many personal files, it also contained Trace3 information. Instead, I destroyed it. To be clear, I did this entirely on my own and without providing prior notice to anyone at Sycomp. I do not have access to any of the files that were on that thumb drive and have not had access to them since April 21, 2023. I did not transfer or otherwise deliver or communicate any of the contents of that thumb drive to any other person at Sycomp, nor did I connect it to any other device, including my Sycomp- issued laptop. The materials formerly contained on that thumb drive were destroyed, although they should all still exist on Trace3’s network. 10 6. T have now done a thorough search of my home to see whether I might inadvertently 11 have retained any additional information belonging to Trace3. Except for the photographs 12 described in the next paragraph, I have not. I also did not transfer any Trace3 files, documents, or 13 information to anyone at Sycomp. 14 7 Finally, although I have not opened or viewed them since beginning work at 15 Sycomp, I believe that my iPhone may contain photographs I took during my work at Groupware 16 and Trace3. I occasionally] took photographs of customer installations and whiteboard 17 presentations during meetings, but generally I would not revisit them. I cannot quantify the number 18 of such images because, again, I have refrained from scrolling back to look at them since I began 19 working at Sycomp. 20 8 Attached as Exhibit 1 is a true and correct copy of my April 7, 2023, Offer of 21 Employment letter from Sycomp (redacted to exclude my compensation details and home address) 22 which I signed on April 14, 2020. I have complied with and I am in compliance with Section 5 of 23 this Offer of Employment, titled No Conflicting Obligations, with the understanding that the non- 24 competition and non-solicitation clauses with prior employers are unenforceable pursuant to 25 California law. 26 i 27 i 28 DLA Pier LLP (US) PALO ALTO WEST\302854780.1 3 CASE NO. 23CV415833 DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 18th day of May 2023, at Santa Cruz, California. DocuSigned by: Desi. Tomei AIOAT OUT a0! Devin Tomcil 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DLA Pier LLP (US) Pato Avro WEST\302854780. 1 4 CASE NO. 23CV415833 DECLARATION OF DEVIN TOMCIK ISO SYCOMPS’ OPPOSITION TO TRACE3’S EX PARTE APPLICATION DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26 Exhibit 1 DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26 SY CoM p Corporate HQ 950 Tower Lane #1785 Foster City, CA 94404 Main 1.877.901.7416 Delivering Technology Globally Fax 1.650.312.8175 April 7, 2023 Devin Tomcik Santa Cruz, CA 95060 RE: Offer of Employment Dear Devin: We are very pleased to offer you a position with Sycomp, A Technology Company, Inc. (the “Company”). This offer letter describes the terms and conditions of your employment here at the Company: 1, Position. You will be hired as a full-time Global Account Manager, working from Foster City, CA, effective May 1, 2023, your start date. This is an exempt position, which means that you will not be eligible for overtime pay. In your capacity as Global Account Manager, you will perform duties and responsibilities that are reasonable and consistent with this position as may be assigned to you from time to time. You will report directly to Allen Shahdadi, Global Vice President Sales, or another individual designated by the Company. 2. At-Will Employment. The status of your employment with the Company will be at-will, which means your employment can be terminated, by you or the Company, with or without cause, and with or without notice. Although your job duties, title, compensation, and benefits, as well as the Company’s personnel policies and procedures, may change from time to time, the “at will” nature of your employment may only be changed in an express written agreement signed by you and a duly authorized officer of the Company. 3. Compensation. Your salary will be III per year, payable in accordance with the Company’s standard payroll practices, and subject to applicable tax withholdings. You will be eligible to eam a 1-time signing bonus of I which will be paid to you in the I" pay after your date of hire. Compensation will be subject to adjustment pursuant to the Company’s employee compensation policies in effect from time to time. The WH signing bonus is contingent upon your continued employment through the one-year anniversary of your employment start date; you therefore agree that any unearned portion of the signing bonus will be paid back to the Company proportionally within 30 days of your termination date if you leave Sycomp prior to your 1 anniversary. Commissions. As a member of the Company’s sales team, you will be eligible to receive commission of Gross Profit on deals where you drive value. a. Legacy Commission: b. Development Commission, not lead Account Manager: ED c. Development Commission, lead Account Manager: J Development accounts are new accounts or accounts that are established but have potential to do more with increased coverage and customer service. These accounts and their coverage are subject to modification. d For 2023 — Ending December 31, the target for your division is J in GP. Ifthe target is met, you will receive an incremental bonus set by your manager from a pool of J GP. For your first 5 years — Provided you are still employed with Company, there will be no changes in your salary or commission plans. All commissions must be called out on the House Quote. This commission plan is based on manager approval. Sycomp reserves the right to amend, modify or terminate, this plan at any time. The earning of any commission is subject to your continued employment (along with other earning conditions set forth in the commission plan). Commission Plan Conditions. To be eligible for compensation under the commission plan: You will also be required to sign and comply with the terms and conditions of Sycomp’s Proprietary Information Sycomp.com DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26 SY CoM p Corporate HQ 950 Tower Lane #1785 Foster City, CA 94404 Main 1.877.901.7416 Delivering Technology Globally Fax 1.650.312.8175 and Invention Assignment Agreement and, further, you must be in good standing with Sycomp having read, signed your acknowledgment of and be in compliance with, the Sycomp Employee Handbook. This offer letter is confidential. Termination. Participating employees who voluntarily resign or are involuntarily terminated, with or without cause, will be paid their base salary through the agreed upon termination date. In addition, the employee will be eligible only for commission payments earned against closed deals prior to their last day of employment, Those earned commissions will be paid to resigning or terminated participating employees on the regularly scheduled commission payment schedule. Under no circumstance will the participating employee be eligible for commit ions on future renewals. The participating employee must also return all Company documents and property and settle any financial obligations owed to the Company. 5. No Conflicting Obligations. By executing this letter, you represent and warrant that your performance under this letter does not and will not breach any agreement you have entered into, or will enter into, with any other party. You shall not engage in any other employment, occupation, consulting, or other business activity directly related to the busine in which the Company is now involved or becomes involved during the term of your employment, nor will you engage in any other activities that conflict with your obligations to the Company. Similarly, you agree not to bring any third-party confidential information to the Company, including that of any former employer, and that you will not in any way utilize any such information in performing your duties for the Company. It is the Company’s understanding that any such agreements will not prevent you from performing the duties of your position and you represent that such is the case. By signing and accepting this offer, you represent and warrant that: (i) you are not subject to any pre-existing contractual or other legal obligation with any person, company or business enterprise which may be an impediment to, or a conflict of interest with, your employment with the Company, or your providing services to the Company as its employee; (ii) you do not have and shall not bring onto the Company’s premises, or use in the course of your employment with the Company, any confidential or proprietary information of another person, company or business enterprise to whom you previously provided services; and (iii) you will not, at any time during your employment with the Company, breach any obligation or agreement that you have entered into with any third party, including your former employers. You agree not to enter into any written or oral agreement that conflicts with this letter. 6. Benefits. You will be eligible to receive other benefits, including health plans, paid time off and the like, if any, that are generally offered to other Company employees at your level from time to time, in accordance with the terms of such benefit plans and programs. Such programs are subject to change from time to time in the company’s discretion. 7. Proprietary Information and Invention Assignment Agreement. Like all Company employees, you will be required, as a condition of your employment with the Company, to sign the Company’s standard Proprietary Information and Invention Assignment Agreement (PIIAA), a copy of which is attached to this letter. 8. Entire Agreement. This letter, together with the Proprietary Information and Invention Agreement and any other agreements referenced herein, set forth the complete and exclusive terms of your employment with the Company and supersedes and replaces any prior understandings or agreements, whether oral, written, or implied, between you and the Company regarding the matters described in this letter. This letter may not be modified or amended except in a writing signed by you and an authorized representative of the Company. Devin, we hope that you will accept our offer to join Sycomp, and we feel certain that this position will mark the beginning ofan exciting and challenging opportunity. You may indicate your agreement with these terms and accept this offer by signing and dating both this letter and the enclosed attachment(s) and returning them to me by close of business on Friday April 14, 2023. Sycomp.com DocuSign Envelope ID: 6B7982BA-2072-406B-AOFE-9C6A0201EF26 SY CoM p Corporate HQ 950 Tower Lane #1785 Foster City, CA 94404 Main 1.877.901.7416 Delivering Technology Globally Fax 1.650.312.8175 This offer is contingent upon you: 1) signing, returning, and complying with Company’s Proprietary Information and Invention Assignment Agreement; 2) timely providing Company with appropriate documents establishing your identity and right to work in the United States; 3) consenting to a background check, in accordance with applicable law, that produces results satisfactory to Company. If you have any questions, please feel free to call me at 925-864-6115. webyey OLS, Men Shaldadi Allen Shahdadt Global VP Sales Acceptance of Offer: I the undersigned hereby accept the terms and provisions as are set forth in this letter. I acknowledge that this agreement supersedes any and all offers, commitments and promises made during interviews and any other discussions between me and any Company representative prior to now regarding prospective employment with the Company. [0 win, DocuSigned by: Tomek. Signature ofDevin Tomcik Dated: 4/14/2023 | 11:55:45 AM PDT Exhibit A: Roles and Responsibilities Position: Global Account Manager Reports to: Allen Shahdadi, Global VP Sales Role Responsibilities: (including but not limited to): Develop customer relationships that drive pipeline and revenue/profit Consistently achieve high levels of customer satisfaction Maintain strong working relationships with vendor’s sales and support teams which are represented by Sycomp Secure certifications in products by attending education classes or online training Other duties and functions that are needed or requested on an on-going basis Additional Responsibilities will be assigned where your role seems fit Sycomp.com