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DocuSign Envelope ID: E67DC299-98E1-4682-B281-3085AC9FC5B4
<br /> VERMONT SYSTEMS
<br /> through live channels like phone and chat.We may any right of ownership in or to our Services,
<br /> charge Support Fees monthly, quarterly or including the Software,or any of our Intellectual
<br /> annually,as more specifically described in the Property Rights. Upon termination of the
<br /> Order Schedule. Agreement for any reason,any rights granted by us
<br /> to you will automatically and without notice
<br /> "Renewal Term" means the period which terminate.The method and means of providing the
<br /> immediately follows the expiration of the Initial Services shall be under our exclusive control,
<br /> Term,as described in the Services Agreement. management and supervision,although we will try
<br /> "Team" includes VS's employees,officers, to give your specific requests due consideration.
<br /> directors,owners,attorneys, affiliates or Any rights not specifically granted under the
<br /> representatives. Agreement are expressly reserved.
<br /> "Term" means the term for Services and includes 3.2 Grant of Rights by Customer. Upon the
<br /> both the Initial Term and any Renewal Terms,as Effective Date,and subject to our remaining in
<br /> applicable. compliance with the Agreement,you grant to us a
<br /> limited term,worldwide, non-exclusive license to
<br /> "VS" means RecTrac, LLC d/b/a Vermont Systems access and use your Customer Data (including any
<br /> and its subsidiaries,successors and assigns.VS's Patron Data, as applicable)to deliver, monitor and
<br /> business address is 12 Market Place, Essex maintain the Services in accordance with the
<br /> Junction,VT 05452.VS may also be referred to in Agreement.Any rights not specifically granted
<br /> the Agreement as"Licensor," "we," "our,"or"us." under the Agreement are expressly reserved.
<br /> 2.ACCEPTANCE.You accept the terms of the 3.3 Excess Use.We will provide you with the
<br /> Agreement when you (a)click-sign your acceptance number of authorized End User licenses as set
<br /> to an online version of the Services Agreement; (b) forth in the Order Schedule to access and use the
<br /> sign a hardcopy of the Services Agreement;and/or Software.You shall have access to functionalities in
<br /> (c)access the Services or otherwise accept the the Software that can generate reports indicating
<br /> benefits of Services.You expressly acknowledge the number of authorized End Users accessing the
<br /> that the person accepting the Agreement on your Software at any given time. In the event that the
<br /> behalf has the proper legal authority to bind you as number of concurrent End Users exceeds the
<br /> the Customer. number of allocated licenses described in the
<br /> 3.GRANT OF RIGHTS. Order Schedule("Excess Use"),we will notify you
<br /> by email about such Excess Use and, if you do not
<br /> 3.1 Grant of Rights by VS. Upon the Effective Date, reduce the Excess Use within 30 days of such
<br /> and subject to your timely payment of Fees and notice,you will be required to pay for any Excess
<br /> remaining in compliance with the Agreement,we Use with additional licenses,which shall be
<br /> grant to you a limited term,worldwide, non- described in a new invoice and which will
<br /> exclusive, non-transferrable, non-assignable license automatically update the Order Schedule.
<br /> to access and use our Services, including the
<br /> Software,during the Term solely for the lawful 3.4 Prohibited Use.You shall not use our Services
<br /> operation of your business.The licensed rights in violation of the law,whether local,state or
<br /> federal (including but not limited to the CAN-SPAM
<br /> described herein shall be limited to End Users
<br /> authorized by you to access and use the Software, Act,the Telephone Consumer Protection Act,the
<br /> and your Patrons who have a legitimate right to Do-Not-Call Implementation Act,the Americans
<br /> access and use your products and/or services.The
<br /> with Disabilities Act,or any consumer protection
<br /> licensed rights conferred herein do not constitute a statute);to intentionally bypass a security
<br /> sale and do not convey to you or any third party mechanism in the System(s);to reverse-engineer
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<br /> File:VS Terms of Service 04DEC2020-V01 ©RecTrac, LLC All rights reserved.
<br /> Last Revision:9/29/2021
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