Significant Accounting Policies | 3. Significant Accounting Policies Use of Estimates The preparation of financial statements in conformity with GAAP requires us to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenses during the reporting period. These estimates include: the amount of stock-based compensation expense; the allowance for doubtful accounts; the estimated lives, valuation, and amortization of intangible assets (including capitalized software); depreciation of long-lived assets; valuation of warrants; post-employment benefits, and accruals for liabilities. While we believe that such estimates are fair, actual results could differ materially from those estimates. Revenue Recognition We market and license our products indirectly through channel distributors, independent software vendors (ISVs), value-added resellers (VARs) (collectively, resellers) and directly to corporate enterprises, governmental and educational institutions and others. Our product licenses are perpetual. We also separately sell intellectual property licenses, maintenance contracts, which are comprised of license updates and customer service access, as well as other products and services. Software license revenues are recognized when: ● Persuasive evidence of an arrangement exists, (i.e., when we sign a non-cancellable license agreement wherein the customer acknowledges an unconditional obligation to pay, or upon receipt of the customers purchase order), and ● Delivery has occurred or services have been rendered and there are no uncertainties surrounding product acceptance (i.e., when title and risk of loss have been transferred to the customer, which occurs when the media containing the licensed program(s) is provided to a common carrier or, in the case of electronic delivery, when the customer is given access to the licensed program(s)), and ● The price to the customer is fixed or determinable, as typically evidenced in a signed non-cancellable contract, or a customers purchase order, and ● Collectability is probable. If collectability is not considered probable, revenue is recognized when the fee is collected. Revenue recognized on software arrangements involving multiple deliverables is allocated to each deliverable based on vendor-specific objective evidence (VSOE) or third party evidence of the fair values of each deliverable; such deliverables include licenses for software products, maintenance, private labeling fees, and customer training. We limit our assessment of VSOE for each deliverable to either the price charged when the same deliverable is sold separately or the price established by management having the relevant authority to do so, for a deliverable not yet sold separately. If sufficient VSOE of the fair value does not exist so as to permit the allocation of revenue to the various elements of the arrangement, all revenue from the arrangement is deferred until such evidence exists or until all elements are delivered. If VSOE of the fair value does not exist, and the only undelivered element is maintenance, then we recognize revenue on a ratable basis. If VSOE of the fair value of all undelivered elements exists but does not exist for one or more delivered elements, then revenue is recognized using the residual method. Under the residual method, the fair value of the undelivered elements is deferred and the remaining portion of the arrangement fee is recognized as revenue. Certain resellers (stocking resellers) purchase product licenses that they hold in inventory until they are resold to the ultimate end user (an inventory stocking order). At the time that a stocking reseller places an inventory stocking order, no product licenses are shipped by us to the stocking reseller; rather, the stocking resellers inventory is credited with the number of licenses purchased and the stocking reseller can resell (issue) any number of licenses from their inventory at any time. Upon receipt of an order to issue a license(s) from a stocking resellers inventory (a draw down order), we will ship the license(s) in accordance with the draw down orders instructions. We defer recognition of revenue from inventory stocking orders until the underlying licenses are sold and shipped to the end user, as evidenced by the receipt and fulfillment of the stocking resellers draw down order, assuming all other revenue recognition criteria have been met. There are no rights of return granted to resellers or other purchasers of our software products. Revenue from maintenance contracts is recognized ratably over the related contract period, which generally ranges from one to five years. All of our software licenses are denominated in U.S. dollars. Deferred Rent The leases for both the Companys current office in Campbell, California and the subleased former office in Campbell, California contain free rent and predetermined fixed escalations in our minimum rent payments (See Note 13). Rent expense related to these leases is recognized on a straight-line basis over the terms of the leases. Any difference between the straight-line rent amounts and amounts payable under the leases is recorded as part of deferred rent in current or long-term liabilities, as appropriate. The monthly rent payments due to the Company for the sublease of the office at 1919 S. Bascom Avenue fully offsets the rent payments due under the Companys lease for that space. Incentives that we received upon entering into the S. Bascom Avenue lease agreement are recognized on a straight-line basis as a reduction to rent over the term of the lease. We record the unamortized portion of these incentives as a part of deferred rent in current or long-term liabilities, as appropriate. Postemployment Benefits (Severance Liability) Nonretirement postemployment benefits, including salary continuation, supplemental unemployment benefits, severance benefits, disability-related benefits and continuation of benefits such as health care benefits, are recognized as a liability and a loss when it is probable that the employee(s) will be entitled to such benefits and the amount can be reasonably estimated. An aggregate of $0 and $5,900 is reported as a severance liability, at September 30, 2016 and December 31, 2015, respectively. Software Development Costs We capitalize software development costs incurred from the time technological feasibility of the software is established until the software is available for general release, in accordance with GAAP. Such capitalized costs are subsequently amortized as costs of revenue over the shorter of three years or the remaining estimated useful life of the product. See discussion at Note 11 for an impairment charge taken during the nine month period ended September 30, 2016. Research and development costs and other computer software maintenance costs related to the software development are expensed as incurred. Long-Lived Assets Long-lived assets are assessed for possible impairment whenever events or changes in circumstances indicate that the carrying amounts may not be recoverable, whenever we have committed to a plan to dispose of the assets or, at a minimum, annually. Typically, for long-lived assets to be held and used, measurement of an impairment loss is based on the fair value of such assets, with fair value being determined based on appraisals, current market value, comparable sales value, and discounted future cash flows, among other variables, as appropriate. Assets to be held and used (which assets are affected by an impairment loss) are depreciated or amortized at their new carrying amount over their remaining estimated life; assets to be sold or otherwise disposed of are not subject to further depreciation or amortization. During the three month and nine month period ended September 30, 2016 respectively, we determined that an impairment of $0 and $15,500 existed with certain capitalized software development costs associated with our hopTo Work product and recognized that cost as part of cost of revenue. No such impairment charge was recorded during either of the three or nine-month periods ended September 30, 2015. Allowance for Doubtful Accounts We maintain an allowance for doubtful accounts that reflects our best estimate of potentially uncollectible trade receivables. The allowance is based on assessments of the collectability of specific customer accounts and the general aging and size of the accounts receivable. We regularly review the adequacy of our allowance for doubtful accounts by considering such factors as historical experience, credit worthiness, and current economic conditions that may affect a customers ability to pay. We specifically reserve for those accounts deemed uncollectible. We also establish, and adjust, a general allowance for doubtful accounts based on our review of the aging and size of our accounts receivable. The following table sets forth the details of the Allowance for Doubtful Accounts for the three-month periods ended September 30, 2016 and 2015: Beginning Balance Charge Offs Recoveries Provision Ending Balance 2016 $ 14,900 $ $ $ (9,600 ) $ 5,300 2015 15,900 (200 ) 15,700 The following table sets forth the details of the Allowance for Doubtful Accounts for the nine-month periods ended September 30, 2016 and 2015 Beginning Balance Charge Offs Recoveries Provision Ending Balance 2016 $ 17,300 $ $ $ (12,000 ) $ 5,300 2015 32,600 16,900 15,700 Concentration of Credit Risk For the three and nine-month periods ended September 30, 2016 and 2015 respectively, we considered the customers listed in the following tables to be our most significant customers. The tables set forth the percentage of sales attributable to each customer during the periods presented, and the respective customers ending accounts receivable balance as a percentage of reported accounts receivable, net, as of September 30, 2016 and 2015. Three Months Ended September 30, 2016 As of September 30, 2016 Three Months Ended September 30, 2015 As of September 30, 2015 Customer Sales Accounts Receivable Sales Accounts Receivable Alcatel-Lucent 3.2 % 13.9 % 8.4 % 21.1 % Elosoft 10.8 % 10.4 % 8.1 % 5.0 % GE 5.8 % 16.0 % 2.0 % 4.3 % IDS 6.6 % 0.0 % 13.5 % 0.0 % Imagination Technology 1.7 % 8.4 % 1.0 % 2.5 % KitASP 5.3 % 2.7 % 2.8 % 17.5 % Raytheon 5.7 % 0.0 % 0.0 % 0.0 % SAI SL 2.0 % 7.8 % 0.2 % 0.6 % Thermo LabSystems 4.6 % 8.9 % 2.5 % 3.5 % Uniface 6.0 % 16.5 % 1.3 % 2.9 % Total 51.7 % 84.6 % 39.8 % 57.4 % Nine Months Ended September 30, 2016 As of September 30, 2016 Nine Months Ended September 30, 2015 As of September 30, 2015 Customer Sales Accounts Receivable Sales Accounts Receivable Alcatel-Lucent 5.0 % 13.9 % 5.6 % 21.1 % Centric 5.4 % 3.8 % 4.5 % 11.6 % Elosoft 8.9 % 10.4 % 11.4 % 5.0 % GE 4.6 % 16.0 % 1.9 % 4.3 % Imagination Technology 0.5 % 8.4 % 0.3 % 2.5 % SAI 1.0 % 7.8 % 0.6 % 0.6 % Thermo LabSystems 5.4 % 8.9 % 2.6 % 3.5 % Uniface 6.1 % 16.5 % 6.4 % 2.9 % Total 36.9 % 85.7 % 33.3 % 51.5 % Derivative Financial Instruments We currently do not have a material exposure to either commodity prices or interest rates; accordingly, we do not currently use derivative instruments to manage such risks. We evaluate all of our financial instruments to determine if such instruments are derivatives or contain features that qualify as embedded derivatives. All derivative financial instruments are recognized in the balance sheet at fair value. Changes in fair value are recognized in earnings if they are not eligible for hedge accounting or in other comprehensive income if they qualify for cash flow hedge accounting. Fair Value of Financial Instruments The fair value of our accounts receivable, accounts payable and accrued liabilities approximate their carrying amounts due to the relative short maturities of these items. The fair value of warrants at issuance and for those recorded as a liability at each reporting date are determined in accordance with the Financial Accounting Standards Boards (FASB) Accounting Standards Codification (ASC) 820, Fair Value Measurement, ● Level 1: Defined as observable inputs, such as quoted (unadjusted) prices in active markets for identical assets or liabilities. ● Level 2: Defined as observable inputs other than quoted prices included in Level 1. This includes quoted prices for similar assets or liabilities in active markets, quoted prices for identical or similar assets and liabilities in markets that are not active, or other inputs that are observable or can be corroborated by observable market data for substantially the full term of the assets or liabilities. ● Level 3: Defined as unobservable inputs to the valuation methodology that are supported by little or no market activity and that are significant to the measurement of the fair value of the assets or liabilities. Level 3 assets and liabilities include those whose fair value measurements are determined using pricing models, discounted cash flow methodologies or similar valuation techniques, as well as significant management judgment or estimation. As of September 30, 2016, all of our Warrants Liability reported at fair value was categorized as Level 3 inputs (See Note 5). Recent Accounting Pronouncements In August 2016, the FASB issued Accounting Standards Update (ASU) No. 2016-15, Statement of Cash Flows (Topic 230): Classification of Certain Cash Receipts and Cash Payments In June 2016, the FASB issued ASU No. 2016-13, Financial Instruments Credit Losses (Topic 326): Measurement of Credit Losses on Financial Instruments In May 2016, the FASB issued ASU 2016-12 Revenue from Contracts with Customers (Topic 606): Narrow-Scope Improvements and Practical Expedients In April 2016, the FASB issued ASU 2016-10 Revenue from Contracts with Customers (Topic 606): Identifying Performance Obligations and Licensing to clarify certain aspects of ASU 2014-09 In March 2016, the FASB issued ASU 2016-09 CompensationStock Compensation (Topic 718): Improvements to Employee Share-Based Payment Accounting In March 2016, the FASB issued ASU 2016-08 Revenue from Contracts with Customers (Topic 606): Principal versus Agent Considerations (Reporting Revenue Gross versus Net) In February 2016, the FASB issued ASU 2016-02, Leases (Topic 842) In November 2015, the FASB issued ASU 2015-17, Balance Sheet Classification of Deferred Taxes In August 2015, FASB issued ASU No. 2015-14 Revenue from Contracts with Customers (Topic 606) Deferral of the Effective Date In April 2015, FASB issued ASU No. 2015-05 IntangiblesGoodwill and OtherInternal-Use Software (Subtopic 350-40): Customers Accounting for Fees Paid in a Cloud Computing Arrangement In August 2014, FASB issued ASU No. 2014-15 Preparation of Financial Statements - Going Concern (Subtopic 205-40) In June 2014, FASB issued ASU No. 2014-12 Compensation Stock Compensation (Topic 718) In May 2014, FASB issued ASU No. 2014-09 Revenue from Contracts with Customers (Topic 606) 1. Removes inconsistencies and weaknesses in revenue requirements. 2. Provides a more robust framework for addressing revenue issues. 3. Improves comparability of revenue recognition practices across entities, industries, jurisdictions, and capital markets. 4. Provides more useful information to users of financial statements through improved disclosure requirements. 5. Simplifies the preparation of financial statements by reducing the number of requirements to which an entity must refer. The core principle of ASU 2014-09 is that an entity should recognize revenue to depict the transfer of promised goods or services to customers in an amount that reflects the consideration to which the entity expects to be entitled in exchange for those goods or services. ASU 2014-09 is effective for annual reporting periods beginning after December 15, 2016, including interim periods within such annual period. Early adoption is not permitted. We are currently evaluating this ASU in order to determine whether or not its adoption will have a material impact on our results of operations, cash flows or financial position. In April 2014, FASB issued ASU No. 2014-08 Presentation of Financial Statements (Topic 205) and Property, Plant and Equipment (Topic 360) Presentation of Financial Statements Discontinued Operations, |