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Long Range Systems T9560 EZ - General Terms and Conditions - Use and Licensing; Software License and Usage Restrictions; Data Collection and Privacy; Warranty Terms and Conditions

Long Range Systems T9560 EZ
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Terms & Condtions
GENERAL TERMS AND CONDITIONS FOR LONG RANGE SYSTEMS, LLC (FOR PURCHASERS)
These general terms and conditions (“General Terms and Conditions”) govern all persons (“Purchasers”)
that purchase or license equipment, software, firmware, and/or services (collectively “Deliverables”) from
Long Range Systems, LLC (“LRS”).
Limited Software Use License. All software and firmware (collectively “Software”) is licensed for
use only by Purchaser and, in the case of Software for paging receivers, by customers of Purchasers. The
Software is not sold.
Usage Restriction. Paging technology may at times not work due to structural and other types of in-
terference with signal transmission and due to other reasons. Purchaser therefore agrees not to use any
Deliverable for an application in which a paging failure might cause harm to a person, injury to a property,
or a substantial business loss. Purchaser also agrees to abide by and strictly adhere to any rules, regulations
and guidelines related to the use of any portion of any Deliverable to collect, store or transmit personally-
identifiable information, including any “protected health information” (as defined by HIPAA), or billing or
financial payment data, from any customer or other consumer.
Data Collection. In connection with the Deliverables, data provided by Purchaser and its customers
may be collected in connection with surveys, consultations, and uses of the Deliverables, including email
addresses, telephone numbers, locations of users (which may utilize geo-location technology), times of
usage, times of paging, times of responses to paging, devices used, configuration preferences, cookies,
and social network information. In order to provide LRS’s customers with enhanced comparative bench-
marking services with respect to customer industries, among other services, Purchaser hereby grants to
LRS a royalty-free, perpetual, irrevocable license to use and distribute this data and results obtained through
Purchaser’s use of the Deliverables for any and all purposes; provided that LRS shall not identify any Pur-
chaser, or distribute to third parties any “protected health information” (as defined by HIPAA) or billing or
financial payment data of any customer or consumer of Purchaser, without the express prior consent of
such Purchaser. Purchaser warrants that Purchaser has the right to disclose, transfer or otherwise make
available any Protected Health Information (as defined in 45 C.F.R. § 160.103) or other personally identifiable
information that is made available to LRS by Purchaser or by Purchaser’s customers in connection with the
Software or other Deliverables. Without limiting the foregoing, Purchaser shall obtain all authorizations,
consents or other permissions from Purchaser’s customers (or the customer’s authorized personal repre-
sentative) for the disclosure of customers’ personally identifiable information to LRS that are required by
federal, state or local law, including, without limitation, the administrative simplification section of the
Health Insurance Portability and Accountability Act of 1996 and its implementing regulations.
Limited Warranty. LRS warrants to only Purchaser that the Deliverables will perform in accordance
with specifications for them that LRS has published prior to their delivery for a period of time as specified
in the purchase agreement or purchase order relating to such Deliverables. This limited warranty shall be
voided if any Deliverable is modified or serviced by someone other than LRS.
Disclaimers. LRS HEREBY DISCLAIMS ALL IMPLIED WARRANTIES CONCERNING THE DELIVERABLES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. PURCHASER AC-
CEPTS
THE DELIVERABLES “AS IS,” EXCEPT FOR THE EXPRESS LIMITED WARRANTY MADE HEREIN.
Limitation of Remedies. In the event of any breach of any express warranty made herein, LRS may
at its option repair or replace any defective Deliverable or refund the money that Purchaser paid for it. LRS’s
total liability for any defect in any Deliverable or for any other breach of any of its duties and obligations to
Purchaser shall be limited to the amount of money that was paid for the defective Deliverable or the other
duty or obligation. LRS will in no event be liable for any lost profit or any other type of consequential dam-
age.
Confidentiality. The Deliverables and all computer systems that deliver any portion of them contain
confidential trade secret information. Purchaser shall not attempt to reverse engineer any portion of the
Deliverables or such computer systems, such as to decompile any portion of the Software, nor aid anyone
else in doing so.
Intellectual Property. No portion of any intellectual property right in the Deliverables is being trans-
ferred to the Purchaser or to its customers. Purchaser may not copy or modify any portion of the Deliver-
ables, nor permit or aid anyone else in doing so. Notwithstanding, Purchaser may use the Deliverables as
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