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PROPRIETARY and CONFIDENTIAL STANDARD Ts&Cs Page 16 of 18
<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 />DocuSign Envelope ID: 7E694176-9E31-49DB-A1E4-AFB129905EB1
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