maintain such equipment/system in good working order.
3, The following “Conditions” are not covered by Warranty: (a) damage or extra service time needed resulting from accidents, acts of God, lightning, strikes, ricts, floods, terrorism, acts of
: War, alteration, misuse, tampering or abuse, adjustments, repairs or maintenance not performed by Tyco, or from parts, equioment, accessories, attachments or other devices nol furnished
: by Tyco; (b) Customer's failure fo properly follow operating instructions provided by Tyco or OEM: {c) adjustments necessitated by misalignment of video cameras, improper adjustment of
| monitor brightness and contrast tuning dials or insufficient light on the area viewed by the camera(s); (d) trouble due to interruption of Intemet, telecommunications, and/or electrical service;
(e) battery failure; (f) devices designed to fail in protecting the equipment/system, such as, but not limited to, fuses and circuit breakers: and (9) System modifications/customization
equested by Customer. If Customer calls Tyco for Warranty Service and Tyco's representative finds that one of the “Conditions” has led to the inoperability or apparent inoperabliity of the
; Equipment/System or any component, Tyco may bill Customer for the service call whether or not Tyco actually works on the Equipment/System. if repairs are required due to one of the
‘ above "Conditions", Tyco will charge Customer for such work on a time and materials basis at Tyco's then applicable rates for labor and materials.
:4. THE FOREGOING WARRANTY |S IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES
RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING TYCO'S NEGLIGENCE, 1S REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. TYCO WILL INNO EVENT BE LIABLE
FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO
ROPERTY, HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY OR CONTRACT BY TYCO OR NEGLIGENCE OF TYCO oR
THERWISE.
/C. System Requirements, Miscellaneous. 1. Vaults. Customer must ensure that any Customer vault protected by sound or vibration detector systems has the minimum construction
’ characteristics prescribed by the Underwriters’ Laboratories, inc. 2. System Testing. Customer must test all detection devices or other electronic equipment according to procedures
_ prescribed by Tyco prior to setting the alarm system for closed periods and must notify Tyco promptly if such equipment fails to Tespond to any such test. 3. Famitiarization Period.
: UNLESS CUSTOMER HAS REJECTED THE FAMILIARIZATION PERIOD (EXCEPT WHERE A FAMILIARIZATION PERIOD IS REQUIRED BY LAW), CUSTOMER AGREES THAT: (a)
‘DURING A FIVE (5) DAY FAMILIARIZATION PERIOD, OR SUCH PERIOD AS IS REQUIRED BY LAW, AND (b) FOLLOWING COMPLETION OF THE INSTALLATION AND THE
: COMMUNICATIONS CONNECTION TO TYCO’S CMC (AND DURING ANY APPLICABLE EXTENSIONS), TYCO HAS NO OBLIGATION TO, AND WILL NOT, RESPOND TO ANY
-ALARM SIGNAL RECEIVED AT THE TYCO CMC FROM CUSTOMER'S PREMISES DURING SUCH FAMILIARIZATION PERIOD. CUSTOMER ALSO AGREES THAT DURING SUCH
: PERIOD TYCO HAS NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES, CUSTOMER, OR A PERSON ON CUSTOMER'S EMERGENCY CONTACT LIST, OR TAKE
,ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL TYCO RECEIVES, EVEN IF DUE TO AN ACTUAL EMERGENCY EVENT. 4. Special Equipment Requirements. if
: Customer sequires installation or service of equipment in areas inaccessible without the use of lifts or cranes, or if non-standard conditions at the Customer site require special equipment
for installation or service, Customer will provide such equipment, or will reimburse Tyco for any applicable charges or fees. 5. Training Services. Tyco provides initial training to Customer
on use of the equipment installed at the time of installation. Thereafter, Customer may purchase additional training in one-hour increments at Tyco’s then current rate. 6. Site Preparation,
. Intrusion and Restoration. Unless otherwise noted herein, Customer is responsible for providing: (a) any necessary electric current, (b) an outlet within 10 feet of an alarm contro! panel, (c)
, telephone connections, (d) network drops, and (e) any required conduit, wiremold, or other raceway, (f} any required IP address assignments, and (9) additional network software licensing.
' The installation of the equipment/system may necessarily require cutting, balfing or fastening into Customer's floors, walls and/or ceilings. Tyco shall not be responsible for any expenses
_ Felated to intrusion, mold, fungi, bacteria, wet/dry rot, patching, floor or wall finishing, or paint, tle, carpet or wallpaper matching, restoration or replacement Tesulting from installation or
service of the equipmentisystem. 7. Battery Powered Devices. Customer understands that any battery-powered motion detectors, smoke detectors, door and window coniact transmitters
‘and other detection sensors installec/serviced under this Agreement require batteries to operate. THESE BATTERY-POWERED DETECTION SENSORS WILL NOT OPERATE, AND THE
_ ALARM WILL NOT SOUND, IF THE BATTERY ENERGY LEVEL OR CHARGE |S LOW, OR DEPLETED. ttis Customer's sole responsibility to maintain and replace any batteries.
: Customer shall carefully read and follow the owner's manual, instructions and warnings for all such equipment and regularly inspect the sensors for dirt and dust buildup and test the
_ sensors weekly to help maintain continued operation.
7.Closed Circuit Television ("CCTV"YVideo Equipment. Intentionally left blank - no CCTV/Video Equipment has been purchased.
8. New York City Fire System. Intentionally left blank. covered system is not installed in NYC
). Electronic Media; Personal Information; Consent to Call, Text or Email. 1.Electronic Media. Either party may scan, fax, email, image, or otherwise convert this Agreement into an
; Glectronic format of any type or form, now known or developed in the future. Any unaltered or unadulterated copy of this Agreement produced from such an elactronic format will be legally
binding upon the parties and equivalent to the original for all purposes, including litigation. Tyco may rely upon Customer's assent to the terms and conditions of this Agreement, if Customer
has signed this Agreement or has demonstrated its intent fo be bound whather by electronic signature or otherwise. 2. Personal Information. Customer represents and warrants that
| Customer has obtained all consents and has the right to (a) disclose to Tyco all personal information disclosed hereunder concerning individuals/employees/or other third parties including
: ail information contained in Customer's Emergency Cail List (‘ECL’); (b) permit Tyco to collect {including consent to record telephone conversations with Tyco), use, disclose and transfer
such personal information; and (c) expressly authorizes Tyco to use such personal information to administer the relationship and the agreement between Customer and Tyco, including, but
‘not limited to, contacting Customer personnel at the telephone numbers and/or email addresses provided: (I) using SMS, text, prerecorded messages, or automated calling devices to
: deliver messages to set/confirm a service/installation appointment; and/or (fi) to provide information or offers about products and services of interest fo Customer. Customer acknowledges
: and agrees that Tyco may share all such information with its parents, subsidiaries, affiliates and its/their successor corporations or any subcontractor or assignee, within and outside the
: Country in which the Customer is located and thereby subject such information to the laws of such countries.
_E, Limitation of Liability, indemnification (Sale of Access/Video Equipment and installation Only). Notwithstanding anything to the contrary in this Agreement or any purchasing document
' presented by Customer, only Video and/or Access Equipment and Services shall be provided by Tyco under the terms and conditions of this Agreement. The Equipment and Services
provided by Tyco under this Agreement will not include: (a) burglar and/or fire detection or alarm equipment or monitoring, maintenance, inspection or other services; (b) security guard
: services; or (c) architectural, engineering, or design professional services, If any other equipment or services are requested by or provided to Customer, then such equipment and/or
: services shall be provided under a separate written agreement executed by Customer and Tyco which shall contain the alarm industry specific terms and conditions found on
“www.tycois.com/standardtande.
1.[ndemnity. {a) Tyco shali defend, indemnify and hold Customer, its corporate affiliates, and their respective officers, directors, agents and employees harmless from damage, liability and
" expense resulting from the negligent acts or wiiiful misconduct of Tyco's agents and employees committed while performing Services on Customer's premises, to the extent that they are the
. direct cause of the loss, damage or injury to third parties or Customer's property (e.g., equipment dislodging and striking a third party due to improper installation), as opposed to being
_ caused by an occurrence or the consequences therefrom that the Equipment or Services were intended to deter, detect or avert. (b) Customer shall defend, indemnify and hold Tyco, its
‘ affiliates, and their respective officers, directors, agents and employees, harmless from damage, liability and expense to the extent that any such loss Is not directly caused by the negligent
acts or willful misconduct of Tyco’s agents and/or employees, or arises out of any claim related to invasion of privacy, infliction of emotional distress, harassment, violation of
_ eavesdroppingAwiretapping laws or similar claims arising out of Customer's use of the Equipment and/or Services.
: 2. Limitations on Liability. If Customer uses the Equipment and/or Services fo aid in monitoring or controlling the location or activities of persons on or about its property and premises,
_ Customer acknowledges that the Equipment and/or Services ate not intended to be the sole means for doing so. Tyco’s Equipment and Services do not cause and cannot eliminate
_ occurrences of the events they are intended to deter, detect, avert or record, Tyco is not an insurer of the safety or security of any person, entity or property, or against the risks attendant to
"a person's presence in, or ingress to or egress from any building, property or area that may be monitored by the Equipment and/or Services. The amounts Tyco charges Customer are not
insurance premiums. Such charges are based upon the value of the Equipment and Services provided and are unrelated to any such risk ofioss. Tyco does not undertake and assumes
/no liability for such risk by providing the Equipment and/or Services. If Tyco is nevertheless found liable under any legal theory for loss, damage or injury caused directly or indirectly by
occurences or the consequences therefrom which the Equipment and/or Services are intended to deter, detect, avert or record, Tyco's llability shall be limited to the sums paid by
: Customer for the Equipment or Services at issue as Customers sole remedy. Tyco is not responsible for the preservation of any computer programs or data and Customer is responsible
for maintaining adequate back-ups.
’, Other Charges; Remedies; Termination. 1.There may be a service charge to Customer for cancelled installation/service appointments if Customer cancels less than 24-hours pricr to
dispatch, or if Tyco’s representative is sent to the Customer's premises in response fo a service call for false alarm or System malfunction caused by Customer's operation contrary to
‘instructions, failure to close or properly secure a window, door or other protected point, or improper adjustment of monitors or accessory components. 2.Failure to pay amounts when due
Shall give Tyco, in addition to any other available remedies, the right to terminate this Agreement and to charge interest at the highest legal rate on delinquent amounts. Customer agrees to
: pay all costs, expenses and fees of Tyco’s enforcement of this Agreement, including collection expenses, court costs, and attorneys’ fees. Installation Charge(s) are based on Tyco
: performing the installation with its own personnel. If for any reason installation must be performed by outside contractors, Installation Charge(s) may be subject to revision. 3.In addition to
e-Form 8880UE01 (09/2015) Page 4 of 6
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