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improvements, rewrites, bug fixes, enhancements, and other modifications, including any custom <br />modifications, to such computer programs and code that are provided to Client, and all copies of the <br />foregoing. Hart Proprietaiv Software also includes all documentation provided by Hart to Client with <br />respect to these computer programs and code, and all copies of the foregoing (electronic and hard copy). <br />"Hart Voting,System (HVS)" means the HVS Hardware and the Software. <br />"Hart Voting ,System Warranty, License, and ,Support Agreement" means the Hart Voting System <br />Warranty, License, and Support Agreement in the form of Exhibit A to be entered into by Hart and Client <br />simultaneously upon entering into this Agreement. This Warranty covers only the HVS Hardware. <br />Third -party equipment's warranty is passed through to the Customer. <br />"Initial Annual Fee" means the first Annual Fee payable under the Hart Voting System Warranty, <br />License, and Support Agreement, which is included in the Total Purchase Price. <br />"Installation Date" means, with respect to the Hart Voting System, the date Hart completes <br />installation of the HVS with included Software. <br />"JBC'TM" means the Judge's Booth Controller (JBCTM) created by Hart that is a local area network <br />controller capable of interacting with one or more eSlateJ devices or DAU devices by transmitting and <br />receiving signals that manage or control an election, e.g., by opening and closing the polls, providing or <br />recording an audit trail of system events during an election, storing cast ballot data, and applying data <br />security and integrity algorithms. <br />"Non -Hart Hardware" means the hardware listed on Schedule A that is not Hart's HVS <br />Hardware. <br />"Non -Hart ,Software" means the run -time executable code and associated support files of <br />computer programs owned by third parties that are identified on Schedule C and sublicensed by Hart to <br />Client pursuant to the Hart Voting System Warranty, License, and Support Agreement or licensed directly <br />by the third -party licensor to Client, and all updates, upgrades, versions, new releases, derivatives, <br />revisions, corrections, improvements, rewrites, bug fixes, enhancements, and other modifications to such <br />computer programs and code that are provided to Client, and all copies of the foregoing. Non -Hart <br />Software also includes all documentation provided to Client with respect to these computer programs, and <br />all copies of the foregoing. <br />",Software" means the Hart Proprietaiv Software and Firmware and Non -Hart Software. <br />",sublicensed ,Software" means Non -Hart Software and Firmware that is identified on Schedule C <br />as being sublicensed by Hart to Client pursuant to the Hart Voting System Warranty, License, and <br />Support Agreement. <br />"VBOTM" means the Verifiable Ballot Option unit used in conjunction with the eSlateJ for a <br />Voter Verifiable Paper Audit Trail. <br />"Total Purchase Price" is defined in Section 2.1. <br />(The rest of this page is intentionally left blank.) <br />Page 9 of 15 <br />HVS Agreement — Revised 09 -2011 <br />