License Agreement

KIOSK Shrinkwrap Software License and Maintenance Agreement

This KIOSK Shrinkwrap Software License and Maintenance Agreement (“License Agreement”) is entered into as of the Effective Date by and between Kiosk Information Systems, Inc. (“KIOSK”) and the end-user customer (“Client”).

TERMS AND CONDITIONS

For purposes of this License Agreement

    1. Effective Date – means the initial delivery date of the Licensed Software.
    2. Error – means any unexpected result, issue, error message or incorrect behavior that deviates from the expected result or use as described in the associated product documentation. Architectural modifications in subsequent product releases or failures resulting from the use of undocumented product behavior, or use on unsupported platforms will not be classified as an Error.
    3. Error Correction – means either a modification or addition made by KIOSK that, when made or added to the Licensed Software, brings the Licensed Software into material conformity with product documentation and/or the Software Development Statement of Work (“SW SOW”), or a procedure or routine that, when observed in the regular operation of the Licensed Software, avoids the practical adverse effect of such nonconformity.
    4. Licensed Software – means the object code associated with the software used to operate a Product as originally delivered to Client as specified on a relevant Quote, as well as any related software programs, purchased or provided, which are designed to operate in conjunction with that Product.
    5. Maintenance – shall have the meaning ascribed in Section 3.
    6. Maintenance Term – means the time during which Maintenance will be provided by KIOSK commencing on the Effective Date and continuing for the duration of the time Maintenance is purchased (as provided in Section 8 below).
    7. Product – means a hardware kiosk product on which the Licensed Software is deployed.
    8. Releases – means versions of the Licensed Software, which may include Error Corrections and/or Updates.
    9. Update – means modifications of or improvements to the existing features of the Licensed Software (i) which KIOSK makes commercially available and (ii) which would normally be designated as a change to the right-most digit (“z”) in the product version number [x.y.z]. “Update” does not include a product revision that provides any material enhancement of Licensed Software features or functionality. KIOSK reserves the right and authority to define an Update.

This KIOSK Shrinkwrap Software License and Maintenance Agreement (“License Agreement”) is entered into as of the Effective Date by and between Kiosk Information Systems, Inc. (“KIOSK”) and the end-user customer (“Client”).