What is the relationship between the Software License and the Franchise Agreement for Aerus?

inal signed Lease Rider until such time that the original Lease Rider has been fully executed and delivered to all parties. In the event that an original signed Lease Rider is not delivered to all parties, the facsimile signed Lease Rider shall remain fully binding and effective for all purposes.

[SIGNATURES ON THE FOLLOWING PAGE]

[If an entity]: , a Date of Execution: [If an individual]: Date of Execution: LANDLORD: Date of Execution:

EXHIBIT II

FORM OF SOFTWARE LICENSE AGREEMENT

THIS SOFTWARE LICENSE AGREEMENT (this "Software License"), is being entered into simultaneously with that certain Franchise Agreement (the "Franchise Agreement") dated of even date herewith (the "Effective Date") by and between Aerus Franchising, LLC, a Delaware limited liability company, having offices at 14841 Dallas Parkway, Suite 500, Dallas, Texas 75254 ("Licensor") and the individual or entity executing this Agreement as Licensee ("Licensee"). All capitalized terms used herein that are not otherwise defined have the meanings assigned to such terms in the Franchise Agreement.

WITNESSETH:

WHEREAS, in connection with Licensee's execution of the Franchise Agreement and the software licenses provided for therein, Licensor and Licensee desire to execute this Software License in order to evidence the specific terms and conditions of such license;

NOW, THEREFORE, for and in consideration of the premises and promises set forth herein and in the Franchise Agreement, and other good and valuable consideration, the receipt, sufficiency and adequacy of which are hereby acknowledged, Licensor and Licensee agree as follows:

• 1. Licensor hereby grants to Licensee a nonexclusive, nonassignable license to use the computer programs (including all revisions, modifications and enhancements thereto), in object code form (the "Software"), together with their related user and operating documentation, if any (the "Documentation") from time to time made available to Licensee under the Franchise Agreement. Licensee must provide, at Licensee's sole expense, the hardware, software and Internet or telecommunication connections meeting or exceeding the minimum operating specifications for the Software, as Licensor determines from time to time.
• 1. Licensee must use the Software and the Documentation only in the operation of Licensee's Franchised Business at the Approved Locations. Licensee may not modify, copy, translate, or reproduce in any form all or any part of the Software or the Documentation without Licensor's prior written consent, and in such event solely to the extent required for use of the Software and the Documentation in the operation of Licensee's Franchised Business. Any copies made under Licensor's direction must include any proprietary notices Licensor may request, including the statement "Copyright © AERUS FRANCHISING, LLC." Licensee must not make the Software or any Documentation available to any party except as described herein.

Source: Item 23 — Receipts (FDD pages 74–305)