TERMS AND CONDITIONS
Po a nen at te een i eet tne de
. TERMS AND CONDITIONS
V.Customer and Tyco agree as follows:
A Services.
\4.Central Station Signal Receiving and Notification (Alarm Monitoring) Services. intentionally left blank - Services have not been purchased.
‘A.2.Communication Facilities. Intentionally left blank - Alarm Monitoring Services have not been purchased. |
AS. Maintenance Service/Quality Service Plan ("QSP"). Intentionally left blank - Services have not been purchased.
t
‘AA. Testing/inspections Service (‘T/I'). Intentionally left blank - Services have not been purchased.
A Investigator Respo
Service. Intentionally left blank - Services have not been purchased.
AS. Select View Managed Video Services/Interactive Video Monitoring Services. Intentionally left blank - Services have not been purchased.
AGA Video/Audio Alarm Verification Service/Video Verification. Intentionally left blank - Services have not been purchased.
“AB 2.Video Guard Tour. Intentionally left blank - Services have not been purchased.
"A6.3.Video Escort. Intentionally left biank - Services have not been purchased.
'A6.4.Video Assist. Intentionally left blank - Services have not been purchased.
“AB 5.Video Audit. Intentionally left bank - Services have not been purchased.
A6.6.Outdoor Interactive Video Monitoring Services. Intentionally left blank - Services have not been purchased.
TAB. Managed Video Portal. Intentionally left blank - Services have not been purchased.
‘A 6.8.Unattended Delivery - Alarm Based Video Monitori
Intentionally left blank - Services have not been purchased,
A6.9,Unatiended Delivery ~ Live Video Monitoring of Process - Intentionally left blank - Services have not been purchased.
A.7. Managed Access Control Services. Intentionally left blank - Services have not been purchased. i
"AB. DataSource Service. intentionally left blank - Services have not been purchased,
A. Vision/Vision with Auditing. Intentionally left blank - Service is no longer offered.
A.10. Hosted Access. intentionally left blank - Services have not been purchased,
“AM. Data Hosting/Storage Services, intentionally left blank - Services have not been purchased.
'A12. Mobile Security Management (‘MSM’) Services. Intentionally left blank - Services have not been purchased.
13. Software Support Services. If Software Support Services (‘SSS’) are purchased they will be provided on licensed software titles expressly identified in this agreement, (the “Covered
, Software’). Support Conditions. SSS for Covered Software are subject to the following conditions (“Support Conditions”): (a) Tyco’s receipt of the Software Support Fee; (b) the Covered
: Software is not modified from its standard form originally licensed by the sofiware owner/licensor ("Licensor’); (c) Customer's use of Covered Software is in accordance with the end user
license agreement (‘EULA’) between Customer and Licensor; if applicable; (d) Customer provides Tyco (and/or its authorized representatives) with and when necessary (1) any information
_ and/or documentation required ta recreate the problem, defect, or non-contormity (individually/collectively, a “Problem’), (2) log in privileges for remote trouble shooting, (3) TCPAP Ethemet
‘Network addresses, and (4) access to Customer's network, servers and/or hardware; and (e) the processor, operating system and associated system software, and other interdependent or
‘reliant sofware are operating properly, Exclusions. Tyco will not provide SS3 when a Problem is caused by (a) relocation, movement, improper operation, neglect or misuse of the Covered
. Soffware or associated Equipment/System; (b) Customer's failure to maintain proper site or environmental conditions; (c) any attempts at configuration, Tepairs, support, or modifications to
the Covered Software not performed by a Tyco authorized representative; {d) discontinued systems or software; (e) casualty, act of God, the unauthorized acts of third parties; (f) failure or
interruption of electrical power, telephane or communication line or like cause, or (g) any other cause external to the Covered Software. Problem Resolution, Tyco will provide Customer with
-@mail and telephone support on the Covered Software. Tyco then will use reasonable commercial efforts to resolve and correct the Problem within forty-eight (48) hours. Problem resolution
and correction may be provided at Tyco’s discretion as a software fix or workaround. Tyco will periodically advise Customer on Tyco’s progress in diagnosing andor correcting the reported
Problem. Customer acknowledges that Tyco may be unable to resolve Problem due to (a) Tyco’s inability to recreate, locate or identify the Problem, (b) issues related to Customer's
system hardware, network or Intemet connectivity issues; or (3) issues for which the Original Equipment Manufacturer (“OEM”) and/or Licensor (collectively, also referred to as an “Tyco
Supplier’) has not provided a resolution or workaround, If Tyco is unable to resolve or correct a Problem, Tyco will notify Customer and provide underlying information as available.
: Notwithstanding anything fo the contrary herein, Tyco makes no warranties that its efforts will be successful in diagnosing, resolving, or correcting any Problem. Software Updates.
Customer understands that the SSS provides access to updates and upgrades but do not include the provision of software update or upgrade services unless purchased. |f software
upgrades are required to correct a Problem, such software upgrades will be provided, at Customer's request, on a time and materials basis at Tyco’s then-current hourly rates as such
_Upgrades become available from the Tyco Supplier. On Site Engineer Support Services. If Tyco determines that on-site engineer support services ("ESS") are necessary to correct a
Problem, Tyco will provide ESS on a time and materials basis at Tyco’s then current ESS rates plus any related travel or other expenses. Such ESS may include on-site software installation
assistance, training, or Problem diagnosis, resolution, and/or correction. Retum of Defective Media, Customer may Tetum any defective media directly to Tyco using a Tyco furnished retum
authorization number. Fee for Reinstatement. Customer may incur reinstatement charges (‘Reinstatement Fee”) at Tyco’s then current rates, if it allows SSS to lapse and later requests
reinstatement within one year from the time the SSS lapses. Limitation of Liability. Notwithstanding anything in the Agreement to the contrary, Customer acknowledges and agrees that
i neither Tyco nor its Supplier will be responsible for Problems caused by changes in the operating characteristics of the Equipment/System upon which the Covered Software is operating, or
for problems in the interaction of the Covered Software with Customer's Network or existing scftwarelfimware/hardware. inno event will Tyco and/or Tyco Supplier be liable for any (a)
: third party claims; (b) loss or damage to any systems, records or data, or liabilities related to a violation of an individual's privacy tights; or {c) indirect, incidental, special, consequential,
: punitive, reliance, or cover damages {including fost profits and lost savings). Customer further agrees that, in no event will Tyco's and/or Tyco Supplier's aggregate liability regardless of
cause (including, but not limited to, liability for negligence, strict liability, breach of contract, misrepresentation and other contract or tort claims) arising from the provision of or failure to
provide SSS and/or Customer's use of or inability to use any Covered Software or related System, exceed the lesser of USD$1,000 or the total SSS Fees paid by Customer.
: A.14, Lynx Network Duress and Emergency Notification System (‘Lynx System’). Intentionally eft blank — Lynx System/Services have not been purchased.
"M 5. RFID Tracking Systern (‘System’). intentionally left blank ~ RFID Systems have not been purchased.
Md 6, Additional Services. If any other services, including but not limited to the following, are being fumished under this Agreement, Customer and Tyco will enter into a separate Rider that
- Will be attached to and incorporated as part of this Agreement: (a) Select Link - immediate Response Information System (IRIS) (b) Managed Access Control (c} Electronic Article
Surveillance (“EAS”) (d) Guard Response Service (e) Radio Frequency Identification (“RFID”) (f} Training Services {g) Watchman's Reporting Service.
-B. Warranty (90-Day). 1. If the transaction type is “Direct Sale", any part of the System (as distinguished from the Firmware/Software) installed under this Agreement, including the wiring,
_ which proves to be defective in material or workmanship within ninety (90) days of the date of completion of the installation (‘Warranty Period’), will be repaired or replaced, at in Tyco's
option with a new or functionally operative part. Materials required to repair or replace such defective componenis will be fumished atno charge during the Warranty Period. Warranty
_ Services will be furnished during Tyco’s “Normal Working Hours” (between 8:00 A.M. and 4:30 P.M. Monday through Friday, except holidays). Warranty Service performed outside of these
hours is subject to additional charges. 2. For "Tyco-Owned” equipment/systems: (a) the equipment/systems are provided “AS IS” and without warranty; and (b) Customer is responsible to
9-Form 8880UEQ1 (09/2015) Page 3 of 6
© 2015 Tyco. Ali Rights Reserved
