This Amendment Agreement (the “ Amendment ”) is entered into by and between DATARADIO
CORPORATION, a Delaware corporation ( “ Dataradio ”), and BIO-KEY INTERNATIONAL, INC., a
Delaware corporation ( “ BIO-key ”), and is effective as of the 1st day of April, 2009.
WHEREAS, Dataradio and BIO-key entered into a Settlement and Mutual Release Agreement dated as
of July 28, 2008 (the “ Agreement ”; all capitalized terms not otherwise defined herein shall have the meanings
given to them in the Agreement); and
WHEREAS, the Parties wish to amend the Agreement to provide that the unpaid Balance as of the date
hereof, which amount is equal to $635,343.00, together with all accrued and unpaid interest thereon, shall be
paid by BIO-key to Dataradio as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree
1. Amendment to Attachment “A ”. Attachment “A” to the Agreement is hereby amended by
deleting such attachment in its entirety and substituting therefor Attachment “A” attached to this Amendment.
2. Amendments to Section 1 .
(a) Section 1.A. of the Agreement is hereby amended by adding the following sentence
after the last sentence thereof:
“Notwithstanding the foregoing, as indicated on Attachment “A”, the interest rate referenced
above in this Section 1.A. shall increase to ten percent (10%) as of April 1, 2009.”
(b) Section 1.B. of the Agreement is hereby amended by deleting the last sentence thereof
and replacing it with the following:
“Notwithstanding anything contained herein, a portion of the Balance, equal to an aggregate of
$250,000 (the “ Holdback Am