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3 Additional Terms for Monitoring Software. <br />3.1 'Monitored Equipment shall mean the equipment of Customer to be monitored with the Monitoring Software (if any), as set forth on a <br />monitoring software schedule agreed to in writing by the parties I'Monitoring Software Schedule'). <br />3.2 "Monitoring Software" shall mean the equipment condition monitoring Licensed Software if any) listed on a Monitoring Softwore Schedule. <br />3,3 Monitoring Software License. To the extentthe Licensed Software Includes Monitoring Software: Lal Customer's license is limited to using <br />the Monitoring Software to monitor the Monitored Equipment as described more fully In the Monitoring Software Schedule, HU GE a( its <br />authorized representative sholl hove the right upon reasonable notice to audit and inspect Customer's utilization of the Monitoring Software in <br />order to verify compliance with the terms of this Agreement. and Ic) upon G E's reasonable request. which shall occur no more than twice <br />onnually, Customer shall deliver to GE in report, as defined by G E, evidencing Customer's and other authorized usersuse of the Monitoring <br />Software, Use of the Monitoring Software to monitor equipment other than the Monitored Equipment is prohibited, <br />3,4 Additional Warranty Disclaimer: While the Monitoring Software provides advisory Information regarding equipment condition, it is virtually <br />impossible to guaranty that each and every foult condition can be foreseen or detected. THERE FOR E, G E E X P R E SS LY DISCLAIMS ANY <br />WARRANTY THAT THE MONITORING SOFTWARE WILL DETECT ANY PARTICULAR FAILURE OR PROVIDE ANY PARTICULAR <br />AMOUNT OF ADVANCE WARNING OF AN IMPENDING FAILURE OR CONDITION OF THE MONITORED EQUIPMENT, <br />3.5 Additional Limitation on Liability The Monitoring Software generates advisory information outdoes not perform ony automated control, <br />and GE has no control over decisions made or actions taken on the basis of any such generated information. Customer assumes total <br />responsibility for Customer's use of the advisory information generated by the Monitoring Software. THEREFORE, TO THE EXTENT THE <br />LICENSED SOFTWARE INCLUDES MONITORING SOFTWARE, CUSTOMER BEARS THE ENTIRE RISK OF ANY LIABILITY ARISING <br />OUT OR RELATING TO THE USE OF THE SOFTWARE, OTHER THAN THE LIABILITY FOR INTELLECTUAL PROPERTY <br />INFRINGEMENT PURSUANT TO SECTION 3.20E THE TERMS AND CONDITIONS TO WHICH THIS APPENDIX IS ATTACHED. <br />3.6 Indemnity In the event G F is named as a defendant in a third party lawsuit for personal injury and/or property damage alleged to be <br />caused by Monitored Equipment of Customer on the basis that the Monitoring Software failed to detect on equipment condition that would <br />hove avoided the injury or damage, Customer will indemnify defend and hold harmless G E in such lawsuit. <br />3.7 If a term expiration date is provided on the Monitoring Software Schedule, then the license granted hereunder shall terminate upon such <br />date. <br />4 Term and Termination. <br />4.1 Customer may terminate this E rid User License Agreement and any license granted hereunder of any time by destroying the Licensed <br />Softwore together with all copies thereof and notifying GE in writing that all use of the Licensed Softwore hos ceased and that the Licensed <br />Software has been destroyed. <br />4.2 G E, upon thirty (30) days notice, may terminate this Agreement and any license hereunder if C ustomer is in material breach of this <br />Agreement or if C ustomer attempts to transfer or assign this Agreement without the prior written consent of G E. Within twenty 1201 dogs after <br />any such termination of this Appendix A, Customer shall certify in writing to G E that all use of the Licensed S aftwore or the affected portion <br />thereof has ceased, and that the Licensed Software or portion thereof has been returned or destroyed, in accordance with G E's instructions. <br />4.3 Upon termination, Customer's rights under S cation 2 sholl immediately cease, and neither party shall have any further obligations under <br />this Appendix A except Sections 3 and 4 shall survive any expiration or termination and remain in effect. <br />6 <br />G E IF - Terms and Conditions - 130214 <br />