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<br /> 9.6.5. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or
<br /> workmanship;(b)to cosmetic damage,including but not limited to scratches,dents and broken plastic on ports;(c)to damage caused by use with non-
<br /> USDD products;(d)to damage caused by accident,abuse,misuse,flood,lightning,fire, earthquake or other external causes;(e) to damage caused by
<br /> operating the Product outside the permitted or intended uses described by USDD;(f) to damage or failure caused by installation or service(including
<br /> upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider;(g) to a
<br /> Product or part that has been modified to alter functionality or capability without the written permission of USDD;(h) to Software(as defined below);(i)
<br /> to any other damage caused by an event or action outside of USDD's control, including,without limitation, Customer's failure to apply required or
<br /> recommended updatres or patches to any Software or Product;or(h)if any serial number has been removed or defaced.
<br /> LIMITATIONS OF LIABILITY. TO THE EXTENT PERMITTED BY LAW,THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND
<br /> CONDITIONS AND ANY OTHER REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,REMEDIES
<br /> AND CONDITIONS,WHETHER ORAL OR WRITTEN, STATUTORY,EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW,USDD
<br /> SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
<br /> WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT
<br /> DEFECTS.If USDD cannot lawfully disclaim statutory or implied warranties,then to the extent permitted by law,all such warranties shall be limited in
<br /> duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller,agent,
<br /> or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable,the
<br /> legality or enforceability of the remaining terms shall not be affected or impaired.
<br /> EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN SECTION 9 OF THESE TERMS AND CONDITIONS, AND TO THE EXTENT
<br /> PERMITTED BY LAW, USDD IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
<br /> RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT
<br /> LIMITED TO LOSS OF USE;LOSS OF REVENUE;LOSS OF THE USE OF MONEY;LOSS OF ANTICIPATED SAVINGS;LOSS OF GOODWILL;
<br /> LOSS OF REPUTATION;AND LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT
<br /> LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF
<br /> RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS,AND ANY
<br /> FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT.
<br /> ALL PRODUCT CLAIMS ARE LIMITED TO THOSE EXCLUSIVE REMEDIES SET FORTH IN THE LIMITED WARRANTY IN SECTION 9 OF
<br /> THESE TERMS AND CONDITIONS. USDD'S AGGREGATE LIABILITY IN CONNECTION WITH THEREWITH SHALL NOT EXCEED THE
<br /> PURCHASE PRICE OF THE PRODUCTS PAID BY CUSTOMER TO USDD FOR THE PRODUCTS GIVING RISE TO THE CLAIM.
<br /> CUSTOMER SHALL NOT BRING A LEGAL OR EQUITABLE ACTION AGAINST USDD MORE THAN ONE YEAR AFTER THE FIRST EVENT
<br /> GIVING RISE TO A CAUSE OF ACTION,UNLESS A SHORTER LIMITATIONS PERIOD IS PROVIDED BY APPLICABLE LAW. USDD disclaims
<br /> any representation that it will be able to repair any Hardware under this Warranty or make a product exchange without risk to or loss of the programs or
<br /> data stored thereon.
<br /> SERVICE AGREEMENT. The Product being purchased hereunder is not subject to any post-Warranty service agreement or maintenance program
<br /> unless specifically contracted for between USDD and Customer. USDD offers a comprehensive post-Warranty Service Agreement at additional cost.
<br /> Customer should contact USDD regarding its Service Agreement and costs associated therewith.
<br /> SOFTWARE PRODUCTS. All software Products delivered by USDD to Customer or for which USDD provides access,including,without limitation,
<br /> USDD's mobile application software and Products with embedded software or firmware(collectively,"Software")are not sold and are licensed. At all
<br /> times that Customer is in compliance with the terms of these Terms and Conditions and any other agreement between the parties,Customer shall have
<br /> a non-exclusive,non-transferable,fully paid license to use the Software, but only in conjunction with the Products provided by USDD and Customer's
<br /> fire station alerting system(the"License"). The terms of such Software License may be set forth in a separate software license agreement or end user
<br /> license agreement provided by USDD with such Software. In no event shall Customer have any right to(or authorize or allow any third party to)
<br /> distribute,sell,lend,rent,transfer,or convey the Software;grant any sublicense,lease,or other rights in the Software;decompile,disassemble,reverse
<br /> engineer,or otherwise attempt to reconstruct,identify,or discover any source code, underlying user interface architecture or techniques, or algorithms
<br /> of the Software by any means;or take any action that would cause the Software or any portion of it to be placed in the public domain. In the event of a
<br /> conflict between the terms of any Software license terms provided upon download or purchase a purchase and these Terms and Conditions,the
<br /> relevant Software license terms shall control solely with respect to such Software.
<br /> PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 16 of 18
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