TERMS AND CONDITIONS
TERMS AND CONDITIONS
V.Customer and Johnson Controls agree as follows:
A. Services.
A.1.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.
A3.1 Basic Maintenance Service Plan. Intentionally left blank - Services have not been purchased.
A3.2 Advanced Maintenance Service Plan. Intentionally left blank - Services have not been purchased.
A3.3 Precision Maintenance Service Plan. Intentionally left blank - Services have not been purchased.
A4. Testing/Inspections Service (“T/l’}. Intentionally left blank - Services have not been purchased.
A5.Investigator Response Service. Intentionally left blank - Services have not been purchased.
A&. Select View Managed Video Services/Interactive Video Monitoring Services. Intentionally left blank - Services have not been purchased.
A&.1.Video/Audio Alarm Verification Service/Video Verification. Intentionally left blank - Services have not been purchased.
A&.2.Video Guard Tour. Intentionally left blank - Services have not been purchased.
A&.3.Video Escort. Intentionally left blank - Services have not been purchased.
A&.4.Video Assist. Intentionally left blank - Services have not been purchased.
A6.5.Video Audit. Intentionally left blank - Services have not been purchased.
A&.6.Outdoor Interactive Video Monitoring Services. Intentionally left blank - Services have not been purchased.
A&.7. Managed Video Portal. Intentionally left blank - Services have not been purchased.
A6.8.Unattended Delivery — Alarm Based Video Monitoring. Intentionally left blank - Services have not been purchased.
A&6.9.Unattended Delivery — Live Video Monitoring of Process - Intentionally left blank - Services have not been purchased.
AQ. Vision/Vision with Auditing. Intentionally left blank - Service is no longer offered.
A.10. Hosted Access. Intentionally left blank - Services have not been purchased.
A.11. Data Hosting/Storage Services. Intentionally left blank - Services have not been purchased.
A.12. Data Hosting/Storage Services Encrypted. Intentionally left blank - Services have not been purchased.
A.13. Mobile Security Management (“MSM’) Services. Intentionally left blank - Services have not been purchased.
A.13. Mobile Security Management (“MSM’) Services. Intentionally left blank - Services have not been purchased.
A.14. 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) Johnson Controls’ receipt of the Software Support Fee; (b) the
Covered Software is not modified from its standard form originally licensed by the software 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 Johnson Controls (and/or its authorized representatives) with and when
necessary (1) any information and/or documentation required to recreate the problem, defect, or non-conformity (individually/collectively, a “Problem’}, (2) log in privileges for remote trouble
shooting, (3) TCP/IP Ethernet 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 software are operating properly. Exclusions. Johnson Controls will not provide SSS when a Problem is caused by (a) relocation, movement,
improper operation, neglect or misuse of the Covered Software or associated Equipment/System; (b) Customer's failure to maintain proper site or environmental conditions; (c) any attempts
at configuration, repairs, support, or modifications to the Covered Software not performed by a Johnson Controls 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, telephone or communication line or like cause, or (g) any other cause external to the
Covered Software. Problem Resolution. Johnson Controls will provide Customer with email and telephone support on the Covered Software. Johnson Controls 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 Johnson Controls’ discretion as a software fix or
workaround. Johnson Controls will periodically advise Customer on Johnson Controls progress in diagnosing and/or correcting the reported Problem. Customer acknowledges that Johnson
Controls may be unable to resolve Problem due to (a) Johnson Controls inability to recreate, locate or identify the Problem; (b) issues related to Customer's system hardware, network or
Internet connectivity issues; or (3) issues for which the Original Equipment Manufacturer (“OEM”) and/or Licensor (collectively, also referred to as an “Johnson Controls Supplier’) has not
provided a resolution or workaround. If Johnson Controls is unable to resolve or correct a Problem, Johnson Controls will notify Customer and provide underlying information as available.
Notwithstanding anything to the contrary herein, Johnson Controls 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. If
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 Johnson Controls’ then-current
hourly rates as such upgrades become available from the Johnson Controls Supplier. On Site Engineer Support Services. If Johnson Controls determines that on-site engineer support
services (“ESS”) are necessary to correct a Problem, Johnson Controls will provide ESS on a time and materials basis at Johnson Controls’ 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. Return of Defective Media. Customer may
return any defective media directly to Johnson Controls using a Johnson Controls furnished return authorization number. Fee for Reinstatement. Customer may incur reinstatement charges
(‘Reinstatement Fee”) at Johnson Controls 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 neither Johnson Controls 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 Customers
Network or existing software/firmware/hardware. In no event will Johnson Controls and/or Johnson Controls 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 rights; or (c) indirect, incidental, special, consequential, punitive, reliance, or cover damages (including
lost profits and lost savings). Customer further agrees that, in no event will Johnson Controls’ and/or Johnson Controls 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.15. Lynx Network Duress and Emergency Notification System (“Lynx System’). Intentionally left blank — Lynx System/Services have not been purchased.
A.16. RFID Tracking System (“System’). Intentionally left blank - RFID Systems have not been purchased.
A.17. HID SEOS Mobile Credential Service (“Service”). Intentionally left blank - Service has not been purchased.
A.18. Customer For Life Program (“Service”). Intentionally left blank - Service has not been purchased.
A.19. Outdoor Radar Perimeter Protection. Intentionally left blank - System has not been purchased.
e-Form 8880UE01 (09/2019) Page 5 of 9
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