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interaction, which voting station in its present configuration created by Hart comprises an electronically
<br />configurable liquid civstal display (LCD) panel for use in displaying ballot images, a rotaiv input device
<br />for use in ballot navigation, and various buttons that facilitate voter options for selecting ballot choices
<br />and casting a ballot.
<br />"Firmware" means the Hart Proprietary Software embedded in eSlate voting devices that
<br />allows execution of the software functions, but does not allow access to or modification of the software
<br />by an end user.
<br />"Force Majeure" has the meaning set forth in Section 12.7.
<br />"Hart" means Hart InterCivic, Inc., a Texas corporation.
<br />"Hart Proprietary ,Software" means the run -time executable code and associated support files of
<br />the Ballot Origination Software System (BOSSTM) Software, TallyTM Software, RallyTM Software, Ballot
<br />NowTM Software, computer code, and software resident in the HVS Hardware and other support software
<br />utilities as specified on Schedule B, consisting of computer programs and computer code owned by Hart
<br />that are licensed to Client pursuant to this Agreement, and all updates, upgrades, versions, new releases,
<br />derivatives, revisions, corrections, improvements, rewrites, bug fixes, enhancements, and other
<br />modifications, including any custom modifications, to such computer programs and code that are
<br />provided to Client, and all copies of the foregoing. Hart Proprietary Software also includes all
<br />documentation provided by Hart to Client with respect to these computer programs and code and all
<br />copies of the foregoing.
<br />"Hart Voting ,System (HVS) " means the HVS Hardware and the Software.
<br />"Hart Voting ,System Master Agreement" means the agreement, between Client and Hart or
<br />Hart's authorized distributor of HVS Hardware, under which Client has purchased the HVS Hardware
<br />and limited HVS Software licenses. The HVS Master Agreement is identified on the Signature Page.
<br />"HVS" means the Hart Voting System.
<br />HVS Hardware" means the eSlate® units, JBCTM units, and DAUTM units purchased by Client
<br />pursuant to the Hart Voting System Master Agreement and any other associated written agreements.
<br />"Initial Annual Fee" means the first Annual Fee, in the amount specified as the "Initial Annual
<br />Fee" on Schedule D, which is payable upon execution of this Agreement.
<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
<br />network controller capable of interacting with one or more eSlate R devices or DAU devices by
<br />transmitting and receiving signals that manage or control an election, e.g., by opening and closing the
<br />polls, providing or recording an audit trail of system events during an election, storing cast ballot data,
<br />and applying data security and integrity algorithms.
<br />"Non -Hart Equipment" means the equipment, if any, not consisting of HVS Hardware that was
<br />sold to Client by Hart or Hart's distributor for use with, and in connection with the sale of, the HVS
<br />Hardware.
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<br />HVS License Agreement — Rev. 09 -2011
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