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This License is for use of BikeLink Software loaded on equipment listed below,as noted in purchase agreement dated: <br /> Location Name Quantity Product Spaces Controllers <br /> San Leandro BART 7 Quad 28 14 <br /> TOTAL 14 <br /> 4. TERMS AND CONDITIONS <br /> By taking ownership or jurisdiction of equipment using the BikeLinkTM system,you(the OWNER,or entity with jurisdiction)agree to <br /> the following terms and conditions: <br /> 4.1. SCOPE This License is grants OWNER the right to use the Software installed on individual BikeLinkTM controllers or Kiosks; <br /> it is not a general site license.This license covers only software installed on equipment specifically named in section 4, <br /> BikeLinkTM access devices,and web-based software accessed with a facility owner login at bikelink.org. <br /> 4.2. CARDHOLDER AND USER AGREEMENT OWNER agrees to support and uphold the terms and conditions of the <br /> universal BikeLinkT"Cardholder and User Agreement,including the privacy policy regarding user information. <br /> 4.3. INTER-AGENCY FACILITY NETWORK OWNER agrees to support the BikeLinkT'inter-agency facility network. <br /> Specifically,you agree to permit ELOCK dba BikeLinkT"to: <br /> a. Sell ACCESS DEVICES directly to users for BikeLinkT'equipment you have purchased, <br /> b. Provide information and assistance directly to users, <br /> c. Maintain a complete USER information database which allows any BikeLinkTM System Facility Owner to look up an <br /> individual USER's information, <br /> d. Maintain the universal User Agreement on behalf of all Facility Owners, <br /> e. Track usage at your facility and report,or publish it in an aggregated form, <br /> f. Attach to each locker a small sign,sticker,label or other similar item,displaying eLock's name,address,BikeLinkTM <br /> logo,contact information,and product information such as model number, <br /> g. Attach a sign at each location approximately 18"x 24"in size displaying the BikeLinkTM logo and information about <br /> how to use the BikeLinkT"system. <br /> 4.4. ADMINISTRATIVE DEVICES OWNER agrees to carefully safeguard BikeLinkT'ADMINISTRATIVE DEVICEs,and to report <br /> their loss to ELOCK immediately. <br /> 4.5. ACCESS RESTRICTION OWNER may restrict access to a BikeLinkT"facility under OWNER's control,by setting up <br /> restrictive access zones.To permit access,OWNER obtains from ELOCK a unique access code,associated with each <br /> individual user's standard BikeLinkTM access device to whom OWNER wishes to grant access.A nominal fee is charged for <br /> each access code generated by ELOCK.The access code permanently adds permissions for the specified access zone to the <br /> user's BikeLinkTM access device. <br /> Information collected upon issuing an access code,beyond the standard information requested from every BikeLinkT"user <br /> upon access device activation,need not be shared with other facility owners via the BikeLink M database. However,neither <br /> restricting access to OWNER's BikeLinkT'Facility by implementing access zones,nor issuing access codes to vetted users, <br /> releases OWNER from obligations to the BikeLinkTM inter-agency facility network as described above. <br /> USERs who have been issued access codes for a specific BikeLinkT"facility retain the ability to access other unrestricted <br /> BikeLinkTM facilities.Therefore,to protect the interests of other Facility Owners,all USERS'information must be included in <br /> the BikeLinkTM database even if the USER's primary BikeLink location is one with restricted access. <br /> 4.6. REVENUE AND RENTAL RATES The BikeLink system relies on rental charges accruing in proportion with actual rental <br /> time in order to encourage turnover and effectively deter monopolization of the resource by some users.OWNER agrees <br /> that the base rental rate of its ELOCKERs will remain set at between$0.05 and$0.10 per hour and that the expired rental <br /> rate charged whenever a user allows their meter to expire will be set at least two times the base rental rate.OWNER <br /> agrees that the system-wide base rental rate may be periodically adjusted in accordance with changes in the U.S. <br /> Consumer Price Index.To compensate ELOCK for the services described in section 6,which are provided for as long as the <br /> BikeLinkTM facility is in operation,OWNER agrees that all revenue up to$0.10 per hour and 10%of revenue above$0.10 per <br />