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DocuSign Envelope ID:AA9CA136-3D94-47B1-93F8-5FC9F527B627
<br /> applications may not be possible,and Customer may be required to perform extensive software and or database rebuilds.Customer hereby acknowledges and
<br /> accepts full responsibility for all tasks outlined in this section,and further acknowledges that ADT is not responsible for loss of data, integrity, passwords,system
<br /> configuration,databases, backups,or other information.
<br /> 32.Wireless Devices.Customer acknowledges and agrees that any wireless devices, including but not limited to,wireless local area network(WLAN or WiFi)
<br /> networks and paths,wireless motion detectors,wireless smoke detectors,wireless door and window contacts,wireless home automation transmitters,and other
<br /> wireless devices installed under this Agreement are not physically connected to the system(e.g.,by electrical wire)and require a radio frequency network or
<br /> path to operate.THESE WIRELESS DEVICES WILL NOT OPERATE,AND ANY ALARM WILL NOT SOUND, IF THE RADIO FREQUENCY NETWORK OR
<br /> PATH IS IMPAIRED, INTERRUPTED,OR BECOMES INOPERABLE FOR ANY REASON WHATSOEVER.THESE WIRELESS DEVICES MAY USE
<br /> FREQUENCIES AND SIGNAL PATHS THAT ARE NOT ENCRYPTED,AND ARE THUS SUBJECT AND VULNERABLE TO, INTERRUPTION, INTERCEPTION,
<br /> INTERFERENCE,CORRUPTION,ALTERATION,BLOCKAGE,MANIPULATION,AND TAMPERING. It is Customer's sole responsibility to maintain all wireless
<br /> local area network(WLAN or WiFi)networks and paths.ADT recommends that Customer regularly inspects any wireless network and wireless devices and test
<br /> them weekly to help maintain continued operation.ADT also recommends that Customer carefully reads and follows the owner's manual, instructions and
<br /> warnings for all equipment, including all wireless devices.
<br /> 33.Notices.Any and all notices permitted or required to be given under this Agreement shall be in writing and shall be deemed duly given: (i)upon actual
<br /> delivery if delivery is by hand or by nationally recognized overnight express mail;or(ii)upon receipt by the sending party of a confirmation or answer back if
<br /> delivery is by email,or(iii)after three(3)days following delivery into the mail if delivery is by postage paid certified return receipt requested mail. Each such
<br /> notice shall be sent to the respective party at the address indicated on the first page of this Agreement or to any other address or person that the respective party
<br /> may designate by written notice delivered pursuant hereto.
<br /> 34.Export Control.Customer shall not export or re-export,directly or indirectly,any: (i)product or service provided under this Agreement,(ii)technical data,
<br /> (iii)software,(iv)information,or(v)items acquired under this Agreement to any country for which the United States Government(or any agency thereof)requires
<br /> an export license or other approval without first obtaining any licenses,consents or permits that may be required under the applicable laws of the U.S.or other
<br /> foreign jurisdictions and shall incorporate in all export shipping documents the applicable destination control statements.Customer shall,at its own expense,
<br /> defend, indemnify,and save harmless ADT from and against all third-party claims,liability,loss or damage(including attorneys'fees and other defense costs),
<br /> assessed against or suffered by ADT as a result of an allegation or claim of noncompliance by Customer with this Section.The obligations contained in this
<br /> Section shall survive the termination or expiration of this Agreement.
<br /> 35.Software.Any software provided with the Equipment or in connection with the Services is proprietary to ADT and/or ADT's supplier(s)and is licensed or
<br /> sublicensed to Customer on a non-exclusive basis.Customer may not(a)disclose the Software or source code to any third parties,(b)duplicate,reproduce,or
<br /> copy all or any part of the Software,or(c)use the Software on equipment other than with the designated Equipment with which it was furnished.A separate
<br /> Software License Agreement or End User License Agreement between ADT and/or the software publisher may be required to use the software and/or obtain
<br /> updates/upgrades.
<br /> 36.Survival.Those provisions which by their sense are intended to survive the cancellation,expiration or termination of the Agreement,including,by way of
<br /> example only,the indemnification and limit of liability obligations contained therein,shall survive the cancellation,expiration or termination of the Agreement for
<br /> whatever reason.
<br /> 37.Waiver.The waiver,by either party,of a breach or violation of any provision of this Agreement shall not operate as,or be considered,to be a waiver of any
<br /> subsequent breach thereof.
<br /> (REMAINDER OF PAGE INTENTIONALLY BLANK- SIGNATURES ON FOLLOWING PAGE)
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