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IPS Limited Enforcement/Permitting Software Warranty
<br />IPS will provide a limited parts warranty for any physical product, such as hendheIds or printers, in accordance with the
<br />manufacturer's warranty. Software Services are provided "as -is" in accordance with the scope of services, and shall perform
<br />substantially in accordance with an identiflable set of functional specifications. IPS shall provide bug fixes and generally
<br />available upgrades at no cost during the contract term.
<br />Additional Warranty Provisions: IPS must have the opportunity to assist in the Initial deployment and system Installation.
<br />Repair or replacement under warranty of any defective product does not extend the warranty period for that product or
<br />subcomponent. IPS will either repair or replace products or subcomponents, at our discretion, that are found to be defective
<br />within the defined warranty period, with transportation costs pre -paid by the customer. Returns for credit will only apply
<br />once IPS has received defective product and confirmed that defects were within the warranty period and are covered under
<br />the terms and conditions of the warranty provided. THE WARRANTIES CONTAINED IN THE AGREEMENT DOCUMENTS ARE
<br />IPS'S SOLE AND EXCLUSIVE WARRANTIES. THE EXTENT OF IPS'S LIABILITY FOR A WARRANTY CLAIM IS LIMITED TO THE
<br />REPAIR OR REPLACEMENT OF THE DEFECTIVE EQUIPMENT OR DEFECTIVE SERVICE OR SOFTWARE ATTHE SOLE OPTION OF
<br />IPS. IPS AFFIRMATIVELY EXCLUDES ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR
<br />IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE EQUIPMENTAND/OR SERVICES OR SOFTWARE PROVIDED INCLUDING
<br />ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY
<br />PURPOSE (WHETHER OR NOT IPS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE
<br />OF ANY SUCH PURPOSE) WHETHER ARISING BYLAW OR BY REASON OF CUSTOM OF THE TRADE, NOTWITHSTANDING
<br />ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE FOR
<br />SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE,
<br />INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES OR OTHER MONETARY LOSS, ARISING OUTOF OR
<br />RELATED TO THIS AGREEMENT AND ANY ACTIONS OR OMISSIONS WITH RESPECT THERETO, WHETHER OR NOT ANY SUCH
<br />MATTERS OR CAUSES ARE WITHIN A PARTY'S CONTROL OR DUE TO NEGLIGENCE OR OTHER FAULT ON THE PART OF A
<br />PARTY, ITS AGENTS, AFFILIATES, EMPLOYEES OR OTHER REPRESENTATIVES, AND REGARDLESS OF WHETHER SUCH LIABILITY
<br />ARISES IN TORT, CONTRACT, BREACH OF WARRANTY OR OTHERWISE. ANY LIABILITY INCURRED BY IPS IN CONNECTION WITH
<br />THIS AGREEMENT SHALL BE LIMITED TO THE CONTRACT VALUE AS SET FORTH IN THIS AGREEMENT.
<br />Exclusions: Warranty voided with use of imitation or non -genuine replacement parts, un-authorized alterations, abuse,
<br />vandalism, products subjected to unusual physical or electrical stress, improper handling or general misuse to the equipment
<br />(hardware or software), Including attempted repairs that result in damage. Warranty specifically excludes any consumm able
<br />items such as paper, batteries, etc. Software warranty Is void If usernames and/or passwords are shared with 3" parties, or
<br />allowance of 3'd party access to IPS software without IPS written consent, or any unauthorized changes or attempts to
<br />change IPS software. Force Majeure: IPS shall not be liable for any warranty provisions where such product failure is as a
<br />result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, Invasion, act of
<br />foreign enemies, hostilities (whether war Is declared or not), civil war, rebellion, revolution, insurrection, military or usurped
<br />power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike,
<br />lockout or interruption orfailure of electricity, internet services or cellular telecommunication failures caused by any of the
<br />events or causes described above. IPS provides no warranty with respect to any 31d party hardware or software, whether
<br />supplied in connection with this Agreement or otherwise.
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