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5. Limited Warranty. Fleet Solutions LLC provides a lk too wr ran , t to : erlod F.s li; c„ 7 Ait,,. ,,,
<br />A for equipment purchased new, following the acovatlon of equipment of Pipet C�stomor (the "Wan'anty Period';.
<br />Equ]pmentwill not have defects in material and worl<menship and during the Term: (a) Licensed Nalterwil be. able to
<br />perform the data processing functions described in the applicable operating manuals: and (b) Services will be provide,'
<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 cf the facts srppoiiing 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 BP,EACH OF
<br />WARRANTY. We do not provide warranties on items acquired from ethers, even if acquired with our assistance.. Tne
<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 refund, 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 tole those
<br />damages may occur. We ere 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 ar 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 CPS device is a
<br />wireless device and that the service provider cannot collect data from the GPS device once it travels beycncl a ce "at^
<br />range. The items and services are dependent on the coverage areas of Wreless net•,vor ks owned and openaed by ;r ..
<br />parties. Coverage areas are approximate and do not cover significant portions of North America artual covarac,e
<br />operation of the products depends on system availability and capacity, system and equipment upgrades, repa m-,
<br />maintenance, modifications, relocation, terrain, signal strength, structural conditions. vreather and atmosolerc
<br />conditions, governmental regulations, and other, acts of God, and other conditlons beyond Fleet Solutions reasoeable.
<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 blithe Internet, which is owned and operated by and accessed
<br />+ "•:•;'r "ird pctc,. Fleet Solutions LLC does not warrant that the receipt of data, mapping information, and other
<br />xc'ar•'::'r_m :: -.a 3PS device will bo c:.i-:erc:pted, 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 andor
<br />detect all vehicle problems or guarantee that a customer vehicle will not break: clown or guarantee that customers will
<br />not incur vehicle repair bills. You acknowledge that the device should not be used in lieu of a vehicle warranty o"
<br />standard vehicle maintenance. You acknowledge that the device does not detect failures in infornally lubrlealad pad=
<br />and systems not monitored by your vehicle's computer. You acknowledge that'd the Incation -based data cr rcratlo:-
<br />based services are used to attempt to locate a vehicle (e.g. a stolen vehicle), Fleet Solutions LLC does not guarantee
<br />that the vehicle will be successfully located and/or recovered. !n the event the device or the service is not acfi�say
<br />available or is not functioning properly, we shall have the not to refuse to provide a replacement device or serv'c.e.
<br />While we endeavor to provide the most accurate, up -to -date data available, data we collectfrom the device in ila]' -od 'r
<br />a vehicle may, at times, contain technical Inaccuracies or errors, and may be changed or updated w;thout notice_ sx,.n..±
<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 orlmplied, including,
<br />but not limited to, implied warranties of noninfringement 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 QUES70NS. A ?N.
<br />password or'secret question' may be required to access the Licensed :vlatter arc] location -based data. "ou can chacce
<br />these at anytime by contacting Fleet Solutions LLC or by accessing the webslle, t=enure to probe[ your Pith, passv:orci
<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 part' uses these in any way. You also co,,nsenl that vendor-., worl<]nr wllr
<br />Fleet Solutions (e.g., those providing roadside assistance) may use your PAI, password, or secret question. and accc; !
<br />full respercibility for any services performed or data that may be accessed resulting from using these constructs.
<br />7. DATA mC„cSS. You represent and warr,tnt 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, nonterminable 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: (1) 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 />Internal purposes of Fleet Solutions LLC; and (tv) to compile and aggregate statistical data, including comb n!ru
<br />Business Data with data from other Customers and sources, forpurposes of developing data products for sale.
<br />and distribution to third parties, subjeot to the limitation that wa wf use such data solely to create e1a +y5ai-
<br />aggregated or derivative form in databases and compilations [list do not permit identification of YOU, ''=locl Gu;tor--ers-
<br />Rev zin c?S Agremmenl 1011412013
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