Operating instructions

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PROVIDER AND IT SUPERSEDES ALL PRIOR ORAL AND WRITTEN PROPOSALS AND ANY PRIOR OR SUBSEQUENT COMMUNICATIONS
PERTAINING TO THE SUBJECT MATTER HEREOF
Limitations to Installation Service
. THIS AGREEMENT IS LIMITED TO A SINGLE SITE VISIT. This Agreement extends only to original purchasers of the
System shown on Schedule 1 and located within the United States as determined by Provider. The services PROVIDER agrees to provide under this Agreement
are labor only installation services. This Agreement does not cover any defect that exists or occurs in materials or workmanship in the computer system or
Wireless Product or in any computer system component or any Wireless Product component. Operating supplies are not included. Repairs necessitated by
software problems, or as a result of alteration, additions or deletions, adjustment and repair services which are necessary due to manufacturer's recall of computer
system components or Wireless Product components are not included. This Agreement does not cover repairs or damage as a result of: (i) accident, misuse,
neglect, failure to follow instructions for proper use, care or cleaning of the computer system or Wireless Product or abuse of the computer system or Wireless
Product component (such as, but not limited to, use of incorrect line voltages, use of incorrect fuses, use of incompatible devices or accessories, improper or
insufficient ventilation, failure to follow operating instructions, or use of out of specification supplies), (ii) an act of God such as, but not limited to, lightning,
flooding, tornado, earthquakes, and hurricanes, (iii) failure due to an external factor (fire, flood, failures or fluctuations of electrical power or air conditioning), (iv)
the loading of software, software configurations or any data files, or (v) the moving of the computer system or Wireless Product from one geographic location to
another or from one purchaser to another
Force Majeure.
Provider is not liable for any failure or delay in performance due to any cause beyond its reasonable control. In any event, if Provider's ability to
render Service is impaired or delayed by you or circumstances beyond Provider's control, Provider may delay performance of the Service or terminate this
Agreement.
WARRANTY EXCLUSION . THE INSTALLATION SERVICE IS PROVIDED "AS IS." PROVIDER MAKES NO REPRESENTATIONS OR
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES.
LIMITATION OF REMEDY
. YOUR EXCLUSIVE REMEDY AND PROVIDER'S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT
OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF INSTALLATION SERVICES IN ACCORDANCE WITH THIS AGREEMENT. IF
PROVIDER IS UNABLE TO PROVIDE SUCH SERVICES, YOUR EXCLUSIVE REMEDY AND PROVIDER'S ENTIRE LIABILITY WILL BE THE PAYMENT OF
ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED
CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST
SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE
INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE SYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED
HEREUNDER
THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY.
INDEMNIFICATION
YOU, THE CUSTOMER, MAY AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON
BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR
WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES,
LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, DEFENSE COSTS AND
EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER
OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.
Time Limitation for Claims
. Neither Provider nor you may institute any action in any form arising out of this Agreement more than eighteen (18) months
after
the cause of action has arisen, or in the case of nonpayment, more than eighteen (18) months from the date of last payment.
With regard to any services that are not within the coverage of this Agreement, it will be within Provider's discretion whether to perform the services, and, if
Provider elects to perform the services, the services will be subject to an additional charge to be paid by you.