2021-678-E-IT Dept-RecTrac-Parks & Rec software maintenance

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DocuSign Envelope ID: E67DC299-98E1-4682-B281-3085AC9FC5B4 i m e nt A r-%L.L.U�.i VERMONT SYSTEMS TERMS OF SERVICE 1. DEFINITIONS. Capitalized terms used but not with the disclosing party's prior written otherwise defined in these Terms of Service will authorization; (f) has been disclosed by court have the meaning ascribed to such terms in the order or as otherwise required by law, provided Services Agreement or other applicable Addenda. that the party required to disclose the information provides prompt advance notice to enable the "Addendum"or"Addenda" means a document other party to seek a protective order or otherwise added to the Agreement containing new or prevent such disclosure;or(g) is subject to NCGS supplemental terms. Chapter 132 Public Records law. "Agreement" means the Orange County, INC "Customer" is a VS customer.The Customer is the Services Agreement(No RFP/RFQ)and any individual, business entity, non-profit, military attachments,schedules or exhibits referenced branch, or municipality contracting with us to therein,which could include the Order Schedule, receive Services as more specifically identified in Privacy Policy,Vermont Systems Terms of Service, the Services Agreement. Customer may also be Service Level Agreement,Statement of Work,Sub- referred to in the Agreement as"you," "your"or Merchant Agreement,or any later-signed "Licensee." Addenda. "Customer Data" is the content, information or "Billing Period" means the period of time covered data which you,your End Users and/or your by a single recurring dues fee for Services. Unless Patrons enter into the Software associated with otherwise noted, a Billing Period will be billed in our Services. Customer Data may include Patron advance and will cover a period of one(1)year. Data,among other types of data. "Cardholder Data" is a subset of Customer Data "Effective Date" shall have the meaning as set and generally includes a Patron's name, billing forth in the Services Agreement. address,credit card number,expiration date and CVV code. "End Users" are your authorized users of the Software associated with our Services.Those "Confidential Information" means any and all licenses associated with a Customer's concurrent information disclosed by either party to the other End Users will be listed in the Order Schedule. which is marked "confidential"or"proprietary"or which the recipient knows or has reason to know is "Fees" mean any and all fees associated with the regarded by the disclosing party as such, including use of our Services, including(but not limited to) information disclosed orally. "Confidential Software Fees, Hosting Fees, Support Fees,any Information" does not include any information that fees associated with our Payment Services,and/or the receiving party can demonstrate by its written any fees associated with Professional Services,as records: (a)was known to it prior to its disclosure well as any other fees or charges permitted by the hereunder by the disclosing party; (b) is or Agreement. Fees may be recurring, non-recurring, becomes known through no wrongful act of the or one-time,as more specifically described in the receiving party; (c) has been rightfully received Order Schedule. from a third party authorized to make such a disclosure; (d) is independently developed by the "Hardware" means the computer equipment, receiving party; (e) has been approved for release point-of-sale terminals,or other technical 1 File:VS Terms of Service 04DEC2020-V01 ©RecTrac, LLC All rights reserved. Last Revision:9/29/2021