Confidentiality notice, Warranty – GAI-Tronics ICP9000 Navigator Series Console Installation and Service Manual User Manual

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12/10 Publication

43004-024H

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CONFIDENTIALITY NOTICE

This manual is provided solely as an operational, installation, and maintenance guide and contains
sensitive business and technical information that is confidential and proprietary to GAI-Tronics.
GAI-Tronics retains all intellectual property and other rights in or to the information contained herein,
and such information may only be used in connection with the operation of your GAI-Tronics product or
system. This manual may not be disclosed in any form, in whole or in part, directly or indirectly, to any
third party.

COMPUTER SOFTWARE COPYRIGHTS

This product contains copyrighted computer programs stored in semiconductor memory. These programs
are copyrighted by GAI-Tronics Corporation and may not be reproduced in any form without express
written permission from GAI-Tronics.

WARRANTY

GAI-Tronics warrants for a period of one (1) year from the date of shipment, that any GAI-Tronics equipment supplied hereunder
shall be free of defects in material and workmanship, shall comply with the then-current product specifications and product
literature, and if applicable, shall be fit for the purpose specified in the agreed-upon quotation or proposal document. If (a)
Seller’s goods prove to be defective in workmanship and/or material under normal and proper usage, or unfit for the purpose
specified and agreed upon, and (b) Buyer’s claim is made within the warranty period set forth above, Buyer may return such
goods to GAI-Tronics’ nearest depot repair facility, freight prepaid, at which time they will be repaired or replaced, at Seller’s
option, without charge to Buyer. Repair or replacement shall be Buyer’s sole and exclusive remedy, and the warranty period on
any repaired or replacement equipment shall be one (1) year from the date the original equipment was shipped. In no event shall
GAI-Tronics’ warranty obligations with respect to equipment exceed 100% of the total cost of the equipment supplied hereunder.
The applicability of any such third-party warranty will be determined solely by GAI-Tronics.

Services.

Any services GAI-Tronics provides hereunder, whether directly or through subcontractors, shall be performed in

accordance with the standard of care with which such services are normally provided in the industry. If the services fail to meet
the applicable industry standard, GAI-Tronics will, for a period of one (1) year from the date of completion, re-perform such
services at no cost to the Buyer. Re-performance of services shall be Buyer’s sole and exclusive remedy, and in no event shall
GAI-Tronics’ warranty obligations with respect to services exceed 100% of the total cost of services provided hereunder.

Limitations/Exclusions.

The warranty on any equipment supplied hereunder is subject to Customer’s use in compliance

with applicable FCC regulations and manufacturer specifications. The warranties herein shall not apply to, and GAI-Tronics
shall not be responsible for, any damage to the goods or failure of the services supplied hereunder, to the extent caused by
accident, misuse, abuse, neglect, system design, product modification, failure to follow instructions contained in the product
manual, repair, or attempted repair by anyone not authorized by GAI-Tronics, improper installation, installation of parts that do
not conform to the quality or specifications of the original parts or accessories, damage or loss occurred during shipment, or any
unit which is not new when sold or upon which the serial number has been defaced, modified or removed. The warranty does not
extend to damage incurred by natural causes including Force Majeure. The warranty does not cover microprocessors if failure is
due to static damage or application of improper voltage.

THE WARRANTIES AND REMEDIES CONTAINED

HEREIN ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES AND REMEDIES, WHETHER
EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Operational and Maintenance Procedures

. Buyer acknowledges that any improper use, maintenance, or

modification of the equipment provided hereunder, or use of unqualified maintenance or service technicians will severely impair
the operational effectiveness of the entire communication system. Buyer hereby agrees to indemnify, defend and hold GAI-
Tronics harmless from and against any and all third party claims arising, in any manner, out of: (a) Buyer’s neglect of the
equipment; (b) Buyer’s use of technicians not authorized by GAI-Tronics to service the equipment; or (c) Buyer’s improper use
or modification of the equipment or failure to follow the operational and maintenance procedures provided with the equipment.

Limitation of Liability/Damages

. In no event (even should circumstances cause the exclusive warranties and remedies

set forth in the Warranty section to fail of their essential purpose) shall either party be liable for any indirect, incidental, special or
consequential damages (including, but not limited to, loss of use, loss of anticipated profits, or damages arising from delay)
whether such claims are alleged to have arisen out of breach of warranty, breach of contract, strict or absolute liability in tort, or
other act, error or omission, or from any other cause whatsoever, or any combination of the foregoing.

Motorola, STAT-ALERT, and RapidCall are registered trademarks of Motorola, Incorporated.

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