any other remedies available to Tyco, Tyco may terminate this Agreement anc discontinue any Service(s) if (a) Tyco's CMC is substantially damaged by fire or catastrophe or if Tyco is
| unable to obtain any connections or privileges required to transmit signals between the Customer's premises, Tyco's CMC or the Municipa! Fire or Police Department or other first
| Fesponder; (b) Customer fails to follow Tyco’s recommendations for the repait or replacement of defective parts of the System not covered under the Warranty or QSP Service; (c)
‘Customer's failure to follow the operating instructions provided by Tyco results in an undue number of false alarms or System maffunction: {c} in Tyco’s sole opinion, the premises in which
i the System is installed are unsafe, unsuitable, or so modified or altered after installation as to render continuation of Service(s) impractical or impossible; (a) Tyco is unable to obtain or
| continue to support technologies, TeleCom Services, Communication Facilities, Equipment or component parts thereof that are discontinued, become obsolete or are otherwise not
“ommercially available; or (f) Customer fails to make payments when due or otherwise breaches this Agreement, Tyco will not be liable for any damages or subject fo any penalty as a
asult of any such termination.
|G. Hazardous Materials. For all projects except those involving new construction, Customer represents and warrants that to the best of Customer's knowledge the work site is free of any
‘ hazardous materials. The term ‘hazardous materials’ includes but is not be limited to asbestos, asbestos-containing material, polychlorinated biphenyt (‘PCB’), formaldehyde or other
: potentially toxic or atherwise hazardous material. If any such substance is discovered on the work site, Tyco will not be required to install or service the Equipment at such site unless and
; until Customer certifies the removal or safe containment of such hazardous materials. Customer shall indemnify, defend, and hold Tyco, its officers, directors, agents, and vendors harmless
: from any damages, claims, injuries, liabilities resulting from the exposure of Tyco’s employees, contractors, or subcontractors to hazardous materials at the work site; proviced, however,
‘that the foregoing provision will not apply when it has been determined that such hazardous materials were brought to the work site by Tyco.
: H. Waivers. 1 Waiver of Jury Trial. CUSTOMER AND TYCO BOTH AGREE TO WAIVE THEIR RIGHT TG A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN ANY
* MANNER CONNECTED WITH OR RELATED TO THIS AGREEMENT. 2.Mutual SAFETY Act Waiver, Certain of Tyco’s systems and services have received Certification and/or
| Designation as Qualified Anti-Terrorism Technologies ("QATT’) under the Support Anti-terrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C. §§ 441-444 (the “SAFETY Act’).
| As requited under 6 C.F.R. 25.5 (e), to the maximum extent permitted by law, Tyco and Customer hereby agree to waive their right to make any claims against the other for any losses,
including business interruption losses, sustained by either party or their respective employees, resulting from an activity resulting from an “Act of Terrorism” as defined in 6 C.F.R, 25.2,
; when QATT have been deployed in defense against, response to, or recovery from such Act of Terrorism.
i |. Miscellaneous. 1.Enforceability. If any of the provisions of this Agreement shall be determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
| 2,Paragraph and Section Headings; Captions; Counterparts. The headings and captions contained in this Agreement are inserted for convenience or reference only, and are not fo be
i deemed part of or to be used in construing this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such
| separate counterparts shall together constitute but one and the same agreement. 3. FARs. Tyco supplies "commercial items" within the meaning of the Federal Acquisition Regulation
| (FAR), 48 CFR Parts 1-53. As to any customer order for a U.S. goverment contract or funded directly or indirectly with Federal funds, Tyco will comply only with the following mandatory
{ flow-downs for commercial item subcontracts pertaining to Utilization of Small Business Concerns, Equal Opportunity, Affirmative Action, and Veterans Employment 52.219-8; 52.222-26:
/52.222-35; 52.222-36; and 52.222-37. 4. Export Control. Customer shall not export or re-export, directly or indirectly, any: (i) product or service provided under this Agreement; (ii) technical
| data; (lil) software; (iv) information; or (v) items acquired under this Agreement to any country for which the United States Government (or any agency thereof) requires an export license or
; other approval without first obtaining any licenses, consents or permits that may be required under the applicable laws of the U.S. or other foreign jurisdictions, including the Export
; Administration Act and Regulations and shall incorporate in al! export shipping documents the applicable destination control statements. Customer shall, at its own expense, defend,
indemnify and save Tyco harmiess from and against all third party claims, liability, loss or damage (including attomeys' fees and other defense costs), assessed against or suffered by Tyco
: as a result of an allegation or claim of noncompliance by Customer with this Section. The obligations contained in this Section shall survive the termination or expiration of this Agreement.
; S.nsurance. Tyco maintains comprehensive General Liability and Automobile Liabifity Insurance in amounts that meet or exceed: $1,000,000 per incident - $2,000,000 in the aggregate
: and Worker's Compensation coverage as required by law. Tyco will not be required to provide a waiver of Subrogation in favor of any party, nor will Tyco be required to designate any party
| as a statutory employer for any purposes. 6. Tyco Brand. Without exception, Tyco-branded Signage, including yard signs, window stickers and warming signs will remain the property of
: Tyco and may be removed by Tyco at any time. Customer's right to display Tyco-branded Signage is not transferable and ceases upon termination or expiration of this Agreement.
: 7 Resale. If Tyco is connecting to a previously installed existing system, to the extent the previously installed existing system is Customer's properly, it shall remain Customer's property.
J. System Software; Network Connections. 1. Any software provided with the System or in connection with the Services is proprietary to Tyco and/or Tyco's supplier(s) and is licensed or
‘ sublicensed to Customer on a non-exclusive basis. Customer may not (a) disclose the Software or source code to any third parties, (b) duplicate, reproduce, or copy all or any part of the
3ofiware, or (c) use the Software on equipment other than with the designated System with which it was furnished. A separate Software License Agreement or End User License
Agreement between Tyco and Customer and/or the software publisher may be required to use the software and/or obtain updates/upgrades. If the installed Equipment is to be connected to
| Customer's computer network (‘Network’), Tyco will furnish and install the software needed to run the Equipment and will connect the Equipment to the Network according to the Network
_ Settings supplied by Customer. Installation shall not include modifications to the Network, security, or firewall settings. Customer will supply a TCP/IP Ethemet network address and central
\ processing unit per Tyco specifications for access control system operation. Tyco shall not be responsible for the Setup, operation, or maintenance of the Network or Network performance
| or compatibility issues. Tyco may assess additional charges, if Tyco is unable to connect to the Network or if any additional Equipment is required to facilitate connectivity between the
Network and the Equipment. 2. Open Source Software. Tyco represents and warrants to the end user of the System that, to the extent the System includes any Open Source Software, the
| intemal use and operation of the System by the end user will not create any obligation on the part of the end user under the terms of any Open Source License (i) ta make any source code
i or object code available to third patties, or (ii) to license, disclose or otherwise make avaliable to third parties any proprietary software, data or other information, or any associated
! intellectual property. As used herein, the term “Open Source Software” means any software, program, module, code, library, database, driver or similar component (or portion thereof) that is
| royalty free, proprietary software, the use of which requires any contractual obligations by the user such as, without limitation, that software that is subject to, distributed, transmitted,
: licensed or otherwise made available under any of the following licenses: GNU General Public License, GNU Library or ‘Lesser’ Public License, Berkeley Software Distribution (BSD)
| license (including Free BSD and BSD-style licenses), MIT license, Mozilla Public License, IBM Public License, Apache Software License, Artistic license (e.g., PERL), Sun Industry
i Standards Source License, Sun Community Source License (SCSL), Intel Open Source License, Apple Public Source License, or any substantially similar license, or any license that has
| been approved by the Open Source Initiative, Free Software Foundation or similar group (collectively, “Open Source Licenses”).
| K. Force Majeure. TYCO ASSUMES NO LIABILITY FOR DELAYS IN INSTALLATION OF THE SYSTEM OR ANY EQUIPMENT OR FOR THE CONSEQUENCES THEREFROM,
| HOWEVER CAUSED, OR FOR INTERRUPTIONS OF SERVICE OR FOR THE CONSEQUENCES THEREFROM DUE TO STRIKES, RIOTS, FLOODS, TERRORISM, ACTS OF GOD,
; ACTS OF WAR, OR ANY CAUSES BEYOND THE CONTROL OF TYCO. TYCO WILL NOT BE REQUIRED TO SUPPLY SERVICE TO CUSTOMER WHILE INTERRUPTION OF
| SERVICE DUE TO ANY SUCH CAUSE CONTINUES. IN NO EVENT WILL TYCO BE LIABLE FOR LOSS OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
L. Assignment. This Agreement is not assignable by the Customer except upon written consent of Tyco first being obtained. Tyco shall have the right to assign this Agreement or fo
‘ subcontract any of its obligations under this Agreement without notice to Customer.
!M. Tyco License Information: AL 2014/15-1498,1499,1500,1 501,1502,1542,594,595 The Security Industry is governed by the rules and regulations of the Alabama Electronic Security
: Board of Licensure. If you would like information on these rules and regulations or would like to register a complaint you can contact the Board at AESBL 7956 Vaughn Rd., Montgomery
: 36116, (334) 264-9388 Fax: 334-264-9332 AK 38381, 5430 Fairbanks Street, Suite 8 Anchorage, AK 99507 AR 0030740118, 003587, Regulated by Arkansas Sd. of Private Investigators
: & Private Security Agencies, #1 State Police Plaza Dr., Little Rock 72209, (501) 618-8600 AZ ROC281489 CA ACO7207, 977249; alarm company operators are licensed and Tegulated by
, the Bureau of Security & Investigative Services, Dept. of Consumer Affairs, Sacramento, CA 95814 DC ECS1327 FL EF20000413, EF20000890, EF20000341,EF0000478 GA LVA002833,
| LVA205388, LVA204776, LVA205526, LVU001 160, LVU004635 H! CT-32427 IL 127001526 MA 45-C Mi 3601206461, 5103373, 6060 Torrey Rd. Suite F Flint, Mi 48504; MN T$651063
‘MS 15024088 NC 846-CSA, 4901 Glenwood Ave., Suite 200, Raleigh, NC 27612, (919) 788-5320 NM 375283 NV 0077542 NY 12000304846, Licensed by NYS Dept. of State OH
, £16782, 50-18-1052, 50-25-1050, 50-29-0003, 50-48-1032, 50-67-1119, 53-31-1582 OK 67 OR CLE322, 197010: PA Pennsylvania Home Improvement Contractor Registration Number;
‘ PAQ10083 R! 18004, TSC2726, AF-09170 TN C-1704,-1705,-1 706,-1707,-1708,-1709,-1710,-1711 TX B00536, 4200 Buckingham Road Ste 150, Ft. Worth, TX 76475 — Dept of Public
; Safety, Private Security 5805 N. Lamar Bivd, Austin 78752 UT 8390557-6501 VA 41-7587, 11-7580, 11-7575, 11-7591, 11-7589, 11-7578, 2705147765A WA TYCONS88800, 11824 N
Creek Pkwy. #105, Bothell, WA 98011 WV 050291.
: Mississippi: MS 15024088
‘The foregoing list shows only those license numbers Tyco Integrated Security LLC (‘Tyco!S’) is required by law to include on marketing materials, A comprehensive list of licenses held by
“ycols is available on www-tycois.com (Legal). California Customers Only: Upon completion of the installation of the alarm system, the alarm company shall thoroughty instruct the '
purchaser in the proper use of the alarm system. Failure by the licensee, without legal excuse, to substantially commence work within 20 days from the approximate date specified inthe |
: agreement when the work will begin is a violation of the Alarm Company Act. |
}
‘©2015 TYCO. Allrights reserved. _|
e-Form 8880UE01 (09/2015) Page 5 of 6
© 2015 Tyco. Ail Rights Reserved
