‘| TetVueE CORPORATION Quote#: Q-017253
| 16OO0O Horizon Way, SuITE 100 Quote Issued: 6/23/2022
c>
Mt. LAurREL, NU 08054 Quote Expiration: 7/23/2022
SERVICES AND ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES. THIS DISCLAIMER AND
EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL
PURPOSE. To the extent that TELVUE data is transmitted over the Internet, Customer acknowledges and agrees that TEL VUE has no control over the
functioning of the Internet and TELVUE makes no representations or warranties of any kind regarding the performance of the Internet.
TELVUE and Customer are independent contractors in the performance of these Terms and Conditions, and each party is solely responsible for all of its
employees and agents and its labor costs and expenses arising in connection therewith. Customer is responsible for and will indemnify TEL VUE trom any and all
claims. liabilities. damages, debts. settlements. costs, attorney's fees. expenses and liabilities of any type whatsoever that may arise in connection with the
purchase and use of Products or Services and on account of Customer's activities. or those of its employees or agents, including without limitation, providing
unauthorized representations or warranties (or failing to effectively disclaim all warranties and liabilities on behalf of TEL VUE) to its customers or breaching any
term, representation or warranty of these Terms and Conditions.
Certain TELVUE Products and Services require a full-time Internet connection for proper operation. An Internet connection may also be required for remote
TELVUE support. Customer is responsible for providing Internet access that meets TEL VUE's requirements. Customer shall provide TELVUE with access to
Customer's technical personnel. facilities. systems, databases and information as necessary or appropriate for TEL VUE to perform its obligations under these
Terms and Conditions. Customer shall] be solely responsible for all content supplied by Customer. Customer represents and warrants to TELVUE that such
content will not violate or infringe any copyright. patent. wademark, trade secret. confidentiality or other proprietary right of any third party. License granted to
Customer is for the object code version of the Products or Services and TELVUE-provided content only. Customer has no rights to the source code tor the
Products or Services or any TELVUE-provided content. Customer shall not permit anyone under Customer's direction or control to, reverse engineer,
disassemble, de-compile or remove any identifying mark of TELVUE or its licensors from the Products, Services or any TELVUE-provided content or attempt to
do so. Customer may not modify. adapt. translate or create derivative works of the Products, Services or any TELV UE-provided content without TELVUE's
express written consent. The Services are licensed as a single product. TELVUE-provided content may be used only in conjunction with the Services. TELWUE
shall retain all Proprictary Rights in and to the aforementioned and to any discoveries, improvements, inventions (whether or not patentable}, ideas or know how
that is conceived, learned. or reduced to practices by TEL VUE in the course of performance under these Terms and Conditions. Both patties agree that all system
designs. computer programs, data, processes, trade secrets, inventions (whether or not patentable). algorithms. Know-how, and ideas and all other business.
marketing. technical and financial information they obtain from the other party constitute "Confidential Information” of the disclosing party if marked as such
when disclosed in writing. or if disclosed orally, designated as such within LO days of oral disclosure. Except as expressly and unambiguously allowed under these
Terms and Conditions, TEL VUE and Customer agree to hold in confidence and not use or disclose the other party’s Confidential Information. The receiving party
shall not be obligated for any information which itcan document: ts in or (through no improper action or inaction by the receiving party) enters the public domain
(and is readily available without substantial effort), or was rightfully a its possession or known by it prior to receipt from the disclosing party, or was rightfully
disclosed to it by another person without restriction, or was independently developed by it by persons without access to such information and without use of any
Confidenual Information of the disclosing party. or Is required to be disclosed pursuant to local or federal statutes and/or regulations. These obligations shall
continue for a period of three (3) years Irom disclosure. TELVUE WILL NOT BE LIABLE WITH RESPECT TO OR ARISING OUT OF ANY SUBJECT
MATTER OF THESE TERMS AND CONDITIONS UNDER ANY CONTRACT. NEGLIGENCE. STRICT LIABILITY OR OTHER THEORY FOR ANY
AMOUNTS IN EXCESS IN THE AGGREGATE OF THE AMOUNTS PAID TO TELVUE HERE UNDER OR ANY INCIDENTAL. INDIRECT. SPECIAL.
PUNITIVE OR CONSEQUENTIAL DAMAGES. INCLUDING. BUT NOT LIMITED TO, LOST OF PROFITS. BUSINESS REVENUES OR SAVINGS.
LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS. TECHNOLOGY OR SERVICES. TELVUE SHALL HAVE NO LIABILITY FOR
ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE ENTIRE RISK ARISING OUT OF THE USE AND/OR
PERFORMANCE OF THE PRODUCTS OR SERVICES REMAINS WITH CUSTOMER, IN NO EVENT SHALL TELVUE OR ITS LICENSORS OR ANY
OF THEIR OFFICERS. DIRECTORS, EMPLOYEES. AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL. INCIDENTAL. DIRECT.
INDIRECT. SPECIAL. PUNITIVE. OR OTHER DAMAGES WHATSOEVER (INCLUDING. WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS. BUSINESS INTERRUPTION. LOSS OF BUSINESS INFORMATION. OR OTHER PECUNIARY LOSS) ARISING OUT OF USE OF
OR INABILITY TO USE ANY PRODUCTS OR SERVICE, EVEN IF TELVUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
ARE OTHEWISE FORSEEABLE. IN THE EVENT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL. DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Tel Vue Hardware Warranty and Tel Vue Care Extended Warranty Terms and Conditions - Tel Vue Corporation (Tel Vue) will at its option, either repair, replace or
upgrade software and/or firmware on any product manufactured by Tel Vue which proves to be defective in materials or workmanship or fails to meet the
specifications which are in effect on the date of shipment or such other specifications as may have been expressly agreed upon in writing for a period of one (1)
year from the date of original purchase. With optional TelVue Care. the equipment owner can extend these terms for up to four additional years. Certain products
www.telvue.com | 16000 Horizon Way, Suite 100, Mt. Laurel. NJ 08054 | Phone: 1-(800)-885-8886 | Email. sales@telvue.com
