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Secure Care 135DE - Page 49

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A01350693 Rev:P ECO: 7476 Date: 04/14/08 49
OR TRADE NAME USED OR CLAIMED BY SECURE CARE OR FROM THE DELIVERY OR INSTALLATION OF
THE HARDWARE WITH SECURE CARE SOFTWARE, PARTS AND/OR PRODUCTS OR FROM A COURSE OF
DEALING OR USAGE IN TRADE. ALL RESPONSIBILITY FOR DESIGNING, MANUFACTURING, LABELING AND
WARNING OF HIDDEN DEFECTS OR DANGERS IN THE HARDWARE AND/OR ITS USE WITH AND
OPERATION IN THE SECURE CARE SYSTEM RESTS EXCLUSIVELY WITH THE HARDWARE MANUFACTURER
AND/OR VENDOR, AND ANY CLAIMS, COSTS, DAMAGES OR LIABILITIES ARISING FROM THE HARDWARE
AND/OR ITS USE WITH OR OPERATION IN THE SECURE CARE SYSTEM SHALL BE MADE SOLELY AGAINST
THE HARDWARE MANUFACTURER AND/OR VENDOR.
C. Secure Care’s software, parts and products are designed for operation in a wireless system. However, the range,
performance, and predictability of any wireless system, including Secure Care’s, is dependent on several factors, including,
but not limited to, the following: building structure; environmental extremes (e.g., temperature, earth tremors, air pollution,
etc.); the proximity of other wireless devices; the presence of variable speed products; sources of Radio Frequency
Interference (RFI); physical orientation and positioning of the equipment; and sources of Electro Static Discharge (“ESD”).
Secure Care cannot be responsible for the effect of these types of factors on operation of its software, parts and products.
D. This Product must be installed, set-up, tested, supported, operated, maintained, repaired and used only in accordance
with all manuals and instructions (including the user, installation, technical and other manuals) issued by Secure Care (the
“Product Manuals”). It is your responsibility to assure that any person who might be installing, setting-up, testing,
supporting, maintaining or repairing this Product knows the contents of and has access to the Product Manuals and has
successfully completed Secure Care technical training. It is also your responsibility to assure that any person who might be
operating or using this Product knows the contents of and has access to the Product Manuals and has successfully
completed Secure Care in-service training. If you do not have the Product Manuals or if you have any questions regarding
this Product and/or its installation, set-up, testing, support, operation, maintenance, repair or use, please call Secure Care at
the telephone number provided in section 2.B below. Secure Care cannot be responsible for performance problems caused
by a failure to follow published and appropriate procedures for installation, set-up, testing, support, operation, maintenance,
repair and use.
All adjustable features on new and repaired Secure Care software, parts and products are shipped with “factory default”
settings. These “factory default” settings may not comply with building and life safety codes or other applicable laws and
regulations in the location where they are installed or operated. Secure Care strongly recommends, therefore, that the
settings on all Secure Care software, parts and products be checked and, if necessary, reset to comply with local building and
life safety codes and other applicable laws and regulations at the time of any installation, set-up, testing, support,
maintenance or repair.
E. Secure Care’s system is driven by software. However, the performance and reliability of any software-driven system
depends on adequately maintaining the recommended minimum configuration of computing platform, operating systems
and applications programs and on regularly performing industry-standard and application-specific backup processes. If
recommended minimum configurations of computing platform, operating systems, and applications programs are not
adequately maintained, or if appropriate backups are not regularly performed, the software may not drive the system as
intended. Secure Care cannot be responsible for operational problems caused by a failure to perform these maintenance and
backup procedures.
F. Secure Care does not authorize, and strongly recommends against, any installation or field replacement of software,
parts or products by untrained contractors or facility staff. Such work can be hazardous, can render the system ineffective
and will void any Secure Care warranty or liability that might otherwise relate to the system.
Before any software, parts or products, which have been designed and manufactured by Secure Care can be safely installed,
set-up, tested, supported, maintained or repaired, technical training in accordance with standards established by Secure Care
is required. Regardless of how Secure Care’s software, parts or products are obtained, they should not be installed, set-up,
tested, supported, maintained or repaired by any person who has not satisfactorily completed that technical training (a
“qualified service technician”.) When Secure Care’s software, parts or products are sold separately from installation services,
it is assumed that only a qualified service technician will conduct any installation, set-up, testing, support, maintenance or
repair involving that software, part or products.
G. It is important that any installation, set-up, testing, support, operation, maintenance, repair or use involving the
system comply with all local and national electrical and life safety codes. If you have any questions about compliance with
those codes, please contact your local authorities.

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