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EL. TM SOFTWARE LICENSE AGREEMENT <br /> OVERVIEW <br /> This License grants OWNER the right to use only the following programmable instructions for the duration of the term defined in <br /> section 3: <br /> a. Programmable instructions loaded on BikeLinkTM equipment listed in section 4; <br /> b. Programmable instructions loaded on BikeLink"equipment listed in section 4; <br /> c. Web-based software accessed with a facility owner login at bikelink.org; <br /> The included components above will hereafter be referred to as"Software."The features and functionality provided by the Software <br /> are described in the Product Manual for Gen 5 eLocker with BikeLink Software 5.01.Services associated with this BikeLink Software <br /> License are described in sections 6,7,and 8 below. <br /> By using the BikeLinkT"Software,OWNER understands and agrees that OWNER is joining the BikeLinkTM inter-agency facility network, <br /> and is subject to the operational terms and conditions outlined herein which are designed to ensure continuing interoperability and <br /> access by USERS throughout the network. <br /> This BikeLinkTM Software License,provided by eLock Technologies LLC("ELOCK")extends to the original purchaser("OWNER")or <br /> agency with jurisdiction over a BikeLinkTM facility or equipment.Rights and responsibilities are automatically transferred to any <br /> subsequent Owner or agency with jurisdiction over a BikeLinkT"facility or equipment. <br /> 1. DEFINITIONS <br /> "ELOCK"is the company eLock Technologies LLC,with principal place of business at 800 Heinz Avenue#11 Berkeley CA 94710.ELOCK <br /> also does business as"BikeLinkT"." <br /> "BikeLinkTM"is the name of the bike parking and bike sharing system created by eLock Technologies LLC. <br /> "OWNER"is the original purchaser and/or entity with jurisdiction over a BikeLinkTM facility. In this case,the owner of the software <br /> licenses will be Bay Area Rapid Transit District. <br /> "ACCESS DEVICE"is any uniquely assigned ID and/or debit device,such as the BikeLinkTM Smart Card,issued to a particular USER and <br /> registered in the BikeLinkTM'central database. <br /> "USER"is an individual who has obtained one or more BikeLinkTM access devices and is registered in the BikeLinkTM'database. <br /> "ELOCKER"is a multi-SPACE electronically controlled enclosure. <br /> KIOSK is an electronic control and user interface device that controls access to group parking facilities. <br /> "SPACE"is an enclosure or docking device within an ELOCKER capable of securing one bicycle or other small vehicle. <br /> "CONTROLLER"is an electronic control and user interface device that controls access to one or more SPACEs. <br /> "GATEWAY"is a device enabling remote communications with a group of CONTROLLERs at a specific location. <br /> "ADMINISTRATIVE DEVICE"is a device which enables updating software,collection or viewing of CONTROLLER status,settings and <br /> data,modification of CONTROLLER settings or states,and ability to gain entry into a SPACE. <br /> 2. TERM OF LICENSE <br /> This license agreement shall remain in effect as long as the equipment remains in operation and any software license renewal fees <br /> agreed to in the original purchase contract are paid in full,unless terminated by mutual agreement. <br /> 3. EQUIPMENT <br />