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advance written notice must be accompanied by payment in full for, (a) all amounts due for services pursuant to the
<br />term of this Agreement, or (b) an early termination fee as stated in Attachment A per unit deactivated
<br />prior to the term of this agreement, and (c) all other services rendered by Company, unpaid, at time of notice.
<br />5. Limited Warranty. Fleet Solutions LLC provides a limited warranty that for the period as listed in Attachment
<br />A, for equipment purchased new, following the activation of equipment of Fleet Customer (the "Warranty Period"), the
<br />Equipment will not have defects in material and workmanship and during the Term: (a) Licensed Matter will be able to
<br />perform the data processing functions described in the applicable operating manuals; and (b) Services will be provided
<br />in a workmanlike manner. You may only make claims under this limited warranty during the Term by promptly notifying
<br />us after you learn of the facts supporting the claim. We will either repair or replace the non -complying Item or re -
<br />perform the Services; THESE ARE OUR ONLY OBLIGATIONS AND YOUR ONLY REMEDY FOR BREACH OF
<br />WARRANTY. We do not provide warranties on items acquired from others, even if acquired with our assistance. The
<br />limited warranties contained in this Section are void if you default. Unless otherwise agreed in writing, downtime is not
<br />a breach of this Agreement by us and will not entitle you to any refunds or credits. Fleet Solutions will not be liable for
<br />consequential, special, indirect or incidental damages, including lost profits or lost data, even if that party is told those
<br />damages may occur. We are not responsible for (a) delays in delivery, installation or providing the service, no matter
<br />who caused the delay; (b) anything outside our reasonable control or resulting from your breach; or (c) the operation
<br />of items if any item acquired from a third party is used with the items. You acknowledge that the GPS device is a
<br />wireless device and that the service provider cannot collect data from the GPS device once it travels beyond a certain
<br />range. The items and services are dependent on the coverage areas of wireless networks owned and operated by third
<br />parties. Coverage areas are approximate and do not cover significant portions of North America. Actual coverage and
<br />operation of the products depends on system availability and capacity, system and equipment upgrades, repairs,
<br />maintenance, modifications, relocation, terrain, signal strength, structural conditions, weather and atmospheric
<br />conditions, governmental regulations, and other, acts of God, and other conditions beyond Fleet Solutions reasonable
<br />control. The items may not operate in enclosed space, in building, between buildings, underground, or in canyons. The
<br />items and services are dependent upon the availability of the internet, which is owned and operated by and accessed
<br />through third parties. Fleet Solutions LLC does not warrant that the receipt of data, mapping information, and other
<br />content from the GPS device will be uninterrupted, or that the transmission of data, mapping information, and other
<br />content will always be timely or complete. You acknowledge that neither the device nor the service shall prevent and/or
<br />detect all vehicle problems guarantee that a customer vehicle will not break down or guarantee that customers will not
<br />incur vehicle repair bills. You acknowledge that the device should not be used in lieu of a vehicle warranty or standard
<br />vehicle maintenance. You acknowledge that the device does not detect failures in internally lubricated parts and
<br />systems not monitored by your vehicle's computer. You acknowledge that if the location -based data or location -based
<br />services are used to attempt to locate a vehicle (e.g. a stolen vehicle), Fleet Solutions LLC does not guarantee that the
<br />vehicle will be successfully located and/or recovered. In the event the device or the service is not actually available or
<br />is not functioning property, we shall have the right to refuse to provide a replacement device or service.
<br />While we endeavor to provide the most accurate, up-to-date data available, data we collect from the device installed in
<br />a vehicle may, at times, contain technical inaccuracies or errors, and may be changed or updated without notice. except
<br />as expressly set forth herein, the device and the service are provided by us on an "as -is" basis to the full extent
<br />permissible by applicable law, we disclaim all representations and warranties of any kind, express or implied, including,
<br />but not limited to, implied warranties of non -infringement merchantability and fitness for a particular purpose, as to the
<br />device and the service, and the data (including its accuracy and availability), services or materials included or offered
<br />as part of the service. You assume the entire risk in downloading or otherwise accessing any data, information, files or
<br />other materials obtained from the website or through the system.
<br />6. PERSONAL IDENTIFICATION NUMBERS (PIN), PASSWORDS, AND SECRET QUESTIONS. A PIN,
<br />password or'secret question' may be required to access the Licensed Matter and location -based data. You can change
<br />these at any time by contacting Fleet Solutions LLC or by accessing the website. Failure to protect your PIN, password
<br />or secret question, or improper use of the same, may result in termination of the service. You acknowledge that you
<br />accept full responsibility for the use and protection of your PIN, password, or secret question, and that Fleet Solutions
<br />LLC is not responsible if an unauthorized party uses these in any way. You also consent that vendors working with
<br />Fleet Solutions (e.g., those providing roadside assistance) may use your PIN, password, or secret question, and accept
<br />full responsibility for any services performed or data that may be accessed resulting from using these constructs.
<br />7. DATA ACCESS. You represent and warrant that you have all rights and authority with respect to the
<br />Customer information ("Business Data") required to grant the rights and approvals set forth in this paragraph and that
<br />you approve and grant to us the nonexclusive, non -terminable license and right to collect, access, and use information
<br />from you, the Customer, their vehicle, and the information arrangement system, and to access, copy, or use the
<br />Business Data in the course of providing the items and performing the services to which you or the Customer have
<br />consented, limited to our performance of the following activities: (i) to provide the Items and Services to you and the
<br />Customer: (ii) to perform software support services, and other services on your behalf and have third party provider do
<br />the same, such as for roadside assistance or recovery of a stolen vehicle; (iii) to compile and aggregate statistical data
<br />to analyze, measure, and optimize the performance of our products and services for you, Fleet Customers and other
<br />Revisetl GPS Agreement 1W14/2013
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