How can Precision Door Service use the information and data from the Computer System?

nt you a franchise to operate a PRECISION GARAGE DOOR SERVICE® Business subject to the terms and conditions of this Agreement.

In consideration of the foregoing and the promises and consideration below, you and we agree as follows:

DEFINITIONS

• 1. For purposes of this Agreement, the terms below have the following definitions (other terms are defined in the body of this Agreement):
  • A. "Business" means the PRECISION GARAGE DOOR SERVICE® Business you develop and operate pursuant to this Agreement.
  • B. "Confidential Information" means any proprietary and non-public information, data, Intellectual Property, materials and know-how relating to the development or operation of PRECISION GARAGE DOOR SERVICE® Businesses, whether contained in the Operations Manual or otherwise, including, but not limited to: (1) training programs and materials; (2) databases of customers and potential customers, including Customer Information; (3) sales and marketing programs and techniques for PRECISION GARAGE DOOR SERVICE® Businesses; (4) knowledge of operating systems of PRECISION GARAGE DOOR SERVICE® Businesses; and (5) computer systems, technology and software programs.
  • C. "Customer" means any person or entity (1) included on any marketing or customer lists you develop or use, including any such list provided by us to you; (2) who has purchased or purchases products or services from you during the term (even if you have solicited the person and/or established a relationship independent of us and without our assistance) or whom you have solicited to purchase any products or services; (3) for whom you provide products or services on

our behalf or at our direction; and (4) if any of the foregoing is an entity, all employees of such entity.

• D. "Customer Information" means any contact information (including name, address, phone and fax numbers, and e-mail addresses), sales and payment history, and all other information about any Customer, including any personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.
• E. "Effective Date" means the date designated as Effective Date on the Data Sheet. If no Effective Date is designated on the Data Sheet, the Effective Date is the date when we sign this Agreement.
• F. "Franchise Location" is the premises that are located within the Territory, that meet our site selection guidelines and criteria and from which you will operate your Business.
• G. "Gross Sales" include the total revenues and receipts from whatever source (whether in the form of cash, credit, agreement to pay, barter, trade or other consideration) that arise, directly or indirectly, from the operation of or in connection with your Business whether under any of the Marks or otherwise. Gross Sales exclude sales taxes collected from Customers and paid to the appropriate taxing authority and any other bona fide refunds, rebates or discounts that we authorize in writing. Gross Sales also exclude sales from any Excluded Services (as defined in a mutually executed Excluded Services Addendum (attached as Schedule H hereto)).
• H.

Source: Item 22 — Contracts (FDD pages 91–92)