• "Computer and POS Systems" mean the computerized cash registers, printer and modem or other computer hardware you must purchase in accordance with our specifications contained in the Operations Manual.

Section 4.4 COMPUTER AND POS SYSTEMS

• (a) Procurement and Installation. Before the Opening Date, you must procure and install at your Franchise Business the Computer and POS Systems that we specify in the Operations Manual or otherwise. The Computer and POS Systems include all hardware and software used in the operation of the Franchise Business, including electronic point-of-sale cash registers and back office programs used to record, analyze and report sales, labor, inventory and tax information.
• (b) IP Address. We may require that you obtain a dedicated IP address for use with the Computer and POS Systems. You are responsible for all charges for these services.
• (c) Our Right of Access. You will provide any assistance we require to bring the Computer and POS Systems "on-line" with our Internet-based system. You agree that we have the right to retrieve all data and information from your Computer and POS Systems, as we deem necessary. We maintain all rights to the customer data and financial information collected via the Computer and POS Systems and on our Website. The information includes customer data, financial

data, customer demographic information, customer purchasing data, business and financial records and reports, and all other information that we designate in the Operations Manual or otherwise in writing.

(d) Maintenance and Upgrades. To ensure full operational efficiency and communication capability between your Computer and POS Systems and our Internet-based system, you will keep the Computer and POS Systems in good maintenance and repair. You will install all additions, changes, modifications, substitutions and/or replacements to your Computer and POS Systems' hardware and software, and your telephone and power lines, that we specify, in our sole discretion, in the Operations Manual or otherwise on a Network-wide basis. It may become necessary for you to replace or upgrade the entire Computer and POS Systems with a larger or different system capable of assuming and discharging all of those computer-related tasks and functions as we specify.

Source: Item 8 — Receipts. Any sale made must be in compliance with § 683(8) of the Franchise Sale Act (N.Y. Gen. Bus. L. § 680 et seq.), which describes the time period a Franchise Disclosure Document (offering prospectus) must be provided to a prospective franchisee before a sale may be made. New York law requires a franchisor to provide the Franchise Disclosure Document at the earliest of the first personal meeting or ten (10) business days before the execution of the franchise or other agreement or the payment of any consideration that relates to the franchise relationship. (FDD pages 99–263)