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DocuSign Envelope ID: 68FOCDC9-7945-4B6C-8BEE-3525B423E3ED
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<br />EZLinks Golf LLC
<br />EZLinks Golf LLC
<br />401 S LaSalle St, Suite 302
<br />Chicago, IL 60605
<br />Fax: 312.913.6905
<br />3. Services Conditions: Services provided by EZLinks to Client are detailed in the applicable SOW and, except as expressly
<br />detailed therein, are subject to the following terms:
<br />A. General:
<br />i. Client assumes all risk of loss or damage to hardware provided to it by EZLinks and Client will maintain adequate
<br />insurance against loss or damage to hardware.
<br />ii. From time -to -time EZLinks may, in its sole discretion replace hardware or replacement parts. Client will cooperate
<br />and allow the installation of replacement hardware or parts when EZLinks notifies Client of same.
<br />iii. In the event of early termination of this Agreement, Client will return, at Client's sole expense, all hardware to
<br />EZLinks in good working order.
<br />iv. Subject to Client's compliance with this Agreement, EZLinks grants to Client a revocable, nonexclusive, non-
<br />sublicensable, limited license to access and execute software provided to it by EZLinks ("Software").
<br />v. Client may only use the Services in connection with its business operations, in accordance with the terms and
<br />conditions of this Agreement, and not for the benefit of any third party or for any other purpose.
<br />vi. Client will not copy, modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble,
<br />decompile or decode the software in any way for any reason, or engage in or authorize any action that is inconsistent
<br />with the terms and conditions of this Agreement or that violates any law.
<br />vii. If Client provides its own hardware (including peripheral equipment) for use with the Software, such hardware must
<br />meet or exceed EZLinks' current technical specifications for purposes of compatibility with the EZLinks
<br />offerings. Client's hardware (including peripheral equipment) shall be reviewed and subsequently approved by an
<br />EZLinks technical representative prior to delivery or use by Client of any Software.
<br />viii. Client acknowledges that EZLinks may use subcontractors to provide the Services.
<br />ix. Client acknowledges that the timing of all Services, provision and installation of Software and Hardware, and
<br />delivery of Work Product is subject to cooperation from Client. Client will provide EZLinks with access to any information
<br />including documents, staff, and other resources needed by EZLinks to perform its obligations under this Agreement.
<br />x. Ownership of all right, title and interest in and to the Services (hardware, Software) shall vest only in EZLinks and
<br />will always remain with EZLinks including, without limitation, any enhancements or upgrades to the Software, any
<br />EZLinks manuals, and all copyrights, trademarks, patents, trade secrets and any other intellectual property and
<br />proprietary rights in and to the foregoing, even after it is delivered to Client.
<br />B. Hardware and Software Configuration and Security: Client agrees that, should the configuration of the Hardware or
<br />Software be altered (either by golf course personnel or, upon Client's written request, by EZLinks personnel) to allow
<br />unrestricted internet browsing or additional functionality or Client uses the Hardware or Software to visit web sites that are not
<br />pre -approved by EZLinks, Client agrees that: (i) it does so at its own risk; (ii) it will pay for, reimburse EZLinks for and be liable
<br />for any resulting tangible or intangible damages, losses or injuries; (iii) all uptime obligations and warranties associated with the
<br />Hardware and Software will be voided; and (vi) it will be liable for and indemnify, defend and hold EZLinks harmless from any
<br />loss or damage resulting from such alterations or internet use, including but not limited to, actual or alleged data security
<br />breaches or the introduction of malware and viruses. EZLinks will, if requested by Client, provide repair and technical support
<br />services concerning such issues at its then -standard consulting rates. Client also agrees to reimburse EZLinks for all
<br />reasonable costs and expenses associated with such repair and technical support. Client will be responsible for maintaining
<br />security on its network at all times. EZLinks assumes no responsibility for viruses, malware or other issues that arise due to
<br />activity on Client's network, and accepts no liability for the consequences of said activity, regardless of the ownership of the
<br />hardware residing on the network.
<br />C. Connectivity: Client will be solely responsible for the procurement, payment and maintenance of all telephone and internet
<br />connectivity used in connection with the Hardware, Software and Services, and for all networking functions within Client's
<br />facilities. Client agrees that such connectivity will meet or exceed bandwidth requirements as may be provided by EZLinks from
<br />time to time. In no event will Client obtain internet access for use or provision of the Hardware, Software or Services through a
<br />satellite or Wi-Fi provider. However, Wi-Fi access is permitted for tablets assuming the standard wireless encryption and
<br />security protocols (password, network segmentation) have been deployed by Client.
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