beauSign Envelope ID: FA91CC394AED4FC0417FF-2247C69187FD ALIPHCOM AMENDMENT TO SIXTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT AND WAIVER OF NOTICE AND PARTICIPATION RIGHTS THIS AMENDMENT TO SIXTH AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT AND WAIVER OF NOTICE AND PARTICIPATION Rictus (the "Amendment') is made as of September 2' 2012, by and among ALIPHCOM, a California corporation (the "Company"), and certain of the persons and entities who are parties to the Agreement (as defined below). Capitalized terms not otherwise defined in the Amendment shall have the meaning ascribed to them in the Agreement. RECITALS WHEREAS, the Company and the Investors have entered into that certain Sixth Amended and Restated Investor Rights Agreement, dated June 16, 2011 (the "Agreement); WIIEREAS, the Company intends to sell up to an aggregate of 695,301 shares of the Company's Series 5 Preferred Stock at a price of $7.19113 per share and 1,260,233 shares of the Company's Common Stock at a price of $3.96752 per share, to Mort, Inc. (the "Sale"); WHEREAS, the Company has or intends to issue Common Stock to certain entities which have or will become party to the Agreement (the "Subsequent Investors"); WHEREAS, the Company and the Investors now desire to amend the Agreement to (a) include the Common Stock purchased or to be purchased by the Subsequent Investors as of certain dates, in the definition of "Registrable Securities" and (b) to permit Mort, Inc. to become a party to the Agreement as an Investor in connection with its investment in the Company's securities; WHEREAS, in connection with the Sale, under Section 9 of the Agreement, the Major Investors (as defined in the Agreement) may have certain rights to advance notice of the Sale (the "Notice Rights") and a right of first refusal with respect to a portion of the shares proposed to be sold in connection with the Sale (the "Right of First Refusal"); WHEREAS, each of the undersigned desires