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DocuSign Envelope ID: E67DC299-98E1-4682-B281-3085AC9FC5B4 <br /> VERMONT SYSTEMS <br /> hardware distributed by us or by a reseller on our requires that you enter into a separate Sub- <br /> behalf. Hardware may contain firmware or Merchant Agreement with us. <br /> software. <br /> "Professional Services"are any professional <br /> "Hosting Fees" mean the fees associated with the services provided outside of our initial <br /> hosting of Customer Data on our VS-controlled unconfigured install of the Software associated <br /> servers and systems. with our Services. Professional services may <br /> include consulting,custom development work, <br /> "Initial Term" is the initial term for Services,as implementation,supplemental or onsite training, <br /> described in the Services Agreement. remote training,or projects which generally fall <br /> "Intellectual Property Rights" means all patents, outside the scope of the Agreement. Unless <br /> rights to inventions, utility models,copyright and otherwise agreed, Professional Services will be <br /> related rights,trademarks,service marks,trade, documented under a separate Statement of Work <br /> business and domain names, rights in trade dress and signed by the Parties. <br /> or get-up, rights in goodwill or to sue for passing "Services" mean any and all of those products <br /> off, unfair competition rights, rights in designs, and/or services offered by us to you under the <br /> rights in computer software, database rights, moral Agreement.Services may include products or <br /> rights, rights in confidential information (including services related to software, hosting, hardware, <br /> know-how and trade secrets) and any other <br /> implementation,support,training and/or <br /> intellectual property rights, in each case whether payments.A specific itemization of Services can be <br /> registered or unregistered and including all found in the Order Schedule. <br /> applications for and renewals or extensions of such <br /> rights,and all similar or equivalent rights or forms "Services Agreement" means the contract <br /> of protection in any part of the world. between you and us for Services.The Orange <br /> County, NC Services Agreement(No RFP/RFQ), <br /> "Order Schedule" means the schedule in the together with any attachments,schedules or <br /> Agreement which itemizes and describes the exhibits referenced therein, is broadly referred to <br /> Services we are willing to provide to you and any as the as between you and us. <br /> specific fees you are agreeing to pay us for such <br /> Services. "Software" means our proprietary technology <br /> software and any and all associated modules, <br /> "Patron(s)" mean(s)the individuals who purchase websites,third party integrations and/or mobile <br /> your products and/or services and who otherwise applications(if applicable). <br /> interact with the Software associated with our <br /> Services. Patrons are your customers,clients or "Software Fees" mean those fees associated with <br /> members. your access to and use of our Software or any <br /> component thereof.We may charge Software Fees <br /> "Patron Data" means information about Patrons monthly,quarterly or annually,as more specifically <br /> entered into the Software by you,your End Users described in the Order Schedule. <br /> or your Patrons. Patron Data may include(but is <br /> not limited to) personally identifiable information "Sub-Merchant Agreement" means our Sub- <br /> and/or Cardholder Data. Merchant Application and Agreement and Payment <br /> Service Terms and Conditions,which govern the <br /> "Payment Services" means the payment and terms and conditions under which we are willing to <br /> billing-related services that we may provide to you provide our Payment Services. <br /> under the Agreement. Payment Services may be <br /> described in the Order Schedule or in a separate "Support Fees" mean those fees associated with <br /> Addendum,and your receipt of Payment Services our Support Desk,which enables customer support <br /> 2 <br /> File:VS Terms of Service 04DEC2020-V01 ©RecTrac, LLC All rights reserved. <br /> Last Revision:9/29/2021 <br />