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5. Limited Warranty. Fleet Solutions -LC provides a limilod warren €ythal`or ;lie period as alecin Cana ;clime:-'.
<br />A, for equipment purchased new, following the activation c` equipment o` Flee', Coston-,or (ire "'warranty Per od, tr
<br />Equipment will not have defects in material and workmanship and during the -arm: (s) Licensed tvi alter 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 notlfyino
<br />us after you lean cf the `acts 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. Th=
<br />limited warranties contained in this Section are void if you default, Unless otherwise agreed in writing, downfima is rot
<br />a breach of this Agreement by us and will not entitle you to any refucdc or credits. Fleet Solutions will not be !labte for
<br />consequential, special, Indirect or Incidental damages, including lost profits or lost data, even If that party is told (hose
<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 CPS device is a
<br />wireless device and that the service provider cannot colleen data from the GPS device once it travels beyond a
<br />range. The items and services are dependent on the coverage areas of wireless networks owned and operated ily lr,: -ri
<br />parties. Coverage areas are approximate and do not cover significant portions of North America actual coverage a,?d
<br />operation of the products depends on system availability and capacity, system and equipment upgrados, repair.;,,
<br />maintenance, modifications, relocation, terrain.. signal strength, structural conditions. weather and atmespner
<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 />Fleet Solutions LLC does not warrant that the receipt of data, mapping information, and other
<br />t: -.a 3PS device will bo c- ... :e.r�pted, or that the transmission of data, mapping information, and other
<br />content will always be timely or complete. You acknowledge that neitherthe device nor the service shall prevent andlor
<br />detect all vehicle problems or guarantee that a customer vehicle will not break down or guarantee that customers will
<br />not incur vehicle repair bills. You acknowledge that the device should net be used in Ileu of a vehicle warranty or
<br />standard vehicle maintenance. You acknowledge that the device does not detect failures in internally lubricated parts
<br />and systems not monitored by your vehicle's computer. You acknowledge that. if the looatlon -based dill or
<br />based services services are used to attempt to locate a vehicle (e.g. a stolen vehicle), Fleet Solutions LLC does not guamntce
<br />that the vehicle will be successfully located andlor recovered. in the event the device or the service is not aciGalP
<br />available or is not functioning properly, we shall have the right to refuse to crevice a replacement devise or service.
<br />While we endeavor to provide the most accurate, up-to -date data available, data vac collect from the device retell rid ;
<br />a vehicle may, at times, contain technical inaccuracies or errors, and may be cbangod or updaled without notioe. exerr,, '
<br />as expressly set forth herein, the device and the service are provided cy us on an "as !s" basis to the fu cxlent
<br />permissible by applicable law, we disclaim of representations and warranties of any kind, express or implied, 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 />5. PERSONAL IDENTIFICATION NUMBERS (PIN), PASSWORDS, AND SECRET QUESTIONS. A P.
<br />!ir;
<br />password or`secret question' may be required to access tho Licensed Matter and tocation -based data. You can c'-anne
<br />these at any time by contacting Fleet Solutions LLC or by accessing the website. Pallure tc protect your PIN, pass,: ord
<br />or secret question, or improper use of the same. may result in termina Lon of the service, You ac <na,,viedge (hat ycu
<br />accept full responsibility for the use and protection of your PIN, passwoi d.. or socrot question, an,d that Fleet Sal nfnn;
<br />LLC is not responsible if an unauthorized party uses these in any way, You also consent that vendors evorim with
<br />Fleet Solutions (e.g., those providing roadside assistance) may use your PiN, password, or secret question, and crec:
<br />full resperctility for any services performed or data that maybe accessed resulting from using these constructs.
<br />7. DATA mCGESS. You rc;_resent and warr -qt that you have all rights and authority with respect to (he
<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, nonterminablc 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: d) to provide the Items and Services to you and the
<br />Customer: (il) to perform software support services, and other services on your behalf and have third party provider do
<br />the same, such as rot 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, Float Customers and other
<br />internal purposes of Fleet Solutions LLC; and (iv) to compile and aggregate statistical data, including combining
<br />Business Data v✓ith data from other Customers and sources, for purposes of developing data products for sale. I! u-
<br />and distribution to third parties, subject to the limitation that we V41 such data soc'l to tree{ )
<br />aggregated or derivative form in databases and compilations that do not permit identification of you, Moot C ;�stor'crs.
<br />Fused GV5Agreem rj 10Pi4/Y013
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