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  2. Finance Committee - Agenda - 5/16/2018 - P13

Finance Committee - Agenda - 5/16/2018 - P13

By dnadmin on Mon, 11/07/2022 - 11:39
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
13
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

part, accessory or modular component of any Products purchased directly from Cale and
determined to be defective in material or workmanship under norma! use and service (the “General
Warranty”). Customer shall cooperate with Cale in any effort to pursue a claim with the
manufacturer of a defective part, The “General Warranty Period” for (i) each pay station shail
extend for (a) twelve (12) months following the date of installation of the pay station or (b) thirteen
{13) months following the date of delivery of the pay station to Customer, whichever date occurs
first; and (ii) each part or accessory purchased hereunder for one hundred eighty (180) days
following its delivery to Customer. To the extent that any Products contain Programs, Cale warrants
that the Programs will conform to Cale’s specifications in effect on the date of delivery to Customer.
Cale shall make reasonable efforts to maintain the Programs and provide error corrections as
necessary so that the Programs conform to Cale’s specifications, but Cale shall not be required to
provide new features or new versions of the Programs. In no event shall Cale have any responsibility
to correct any database errors or any errors or damage caused by or arising out of hardware defects
or input errors or resulting from changes to or modifications of the Programs made by the Customer
or any other user. Customer shall be responsible for the operation and maintenance of the Products
purchased hereunder and shall promptly notify Cale of any Program bugs, defects or other
malfunctions, not easily correctable by Customer, that affect the transmission of data to or from the
Products or that otherwise inhibit a key function of the Products. EXCEPT AS EXPRESSLY SET FORTH
IN THIS SECTION 1, CALE MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO
THE VALUE, DESIGN, CONDITION, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR USE OF THE PRODUCTS OR THE PROGRAMS.

2. WARRANTY LIMITATIONS. THE GENERAL WARRANTY FOR (i) THE PRINTER COMPONENT OF ANY
PAY STATION SHALL BE IMMEDIATELY VOIDED IF CUTOMER USES RECEIPT PAPER THAT DOES NOT MEET
SPECIFICATIONS PROVIDED BY CALE, AND (ii} THE PAY STATION BATTERY SHALL BE ONE (1) YEAR FROM
INSTALLATION OF THE PAY STATION. CALE SHALL NOT PROVIDE WARRANTY COVERAGE FOR DAMAGE
TO ANY PRODUCT DUE TO ACCIDENT, NEGLECT, MISUSE, ABUSE OR NATURAL DISASTERS. THE GENERAL
WARRANTY DOES NOT INCLUDE LABOR OR REPAIR COSTS. THE GENERAL WARRANTY SHALL BE VOIDED
BY (i) USE OF NON-CALE REPLACEMENT PARTS; (ii) UNAUTHORIZED ADDITIONS TO THE PRODUCTS; {iii}
UNAUTHORIZED ALTERATIONS TO THE PRODUCTS; (iv) SERVICE TO THE PAY STATIONS PERFORMED BY
PERSONNEL WHO ARE NOT CERTIFIED BY CALE TO PERFORM SUCH SERVICE; OR (v) FAILURE TO
MAINTAIN THE PRODUCTS IN ACCORDANCE WITH THE MAINTENANCE REQUIREMENTS.

3. PAY STATION INSTALLATION AND DELIVERY. Cale shall deliver any pay stations set forth.on the
Order to the location specified by Customer, and shall install the pay stations on prepared ground,
Customer is solely responsible for selecting the site of pay station installation, and shall ensure that the
site(s) of installation comply with ali applicable laws and third party rights. Customer shall pay for Caie’s
actual cost to deliver the pay stations to the Customer. Cale shall not be responsible for any ground
preparation, unless the Customer otherwise contracts for this service with Cale: Cale shall render an
additional charge if it is required to prepare the ground at any of the locations where pay stations are to
be installed. Cale is not responsible or liable for any delay in delivery or non-delivery, in whole or in part,
due to manufacturer shortages or any other cause beyond Cale’s control.

4, PROGRAM LICENSE. Cale hereby grants to Customer a non-transferable license to use the
Programs, whether proprietary to Cale or a third party, solely to the extent necessary to operate,
maintain or repair the pay stations. Cale shall remain the sole owner of all rights with respect to the
Programs. Customer agrees (i) not to reverse engineer copy or distribute the Programs, {ii) not to
remove any copyright, trade secret or other proprietary protection legends or notices from the

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Finance Committee - Agenda - 5/16/2018 - P13

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