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�o, Shotb pit tteq- Flex SERVICES AGREEMENT 10
<br />appropriate decisions, actions, reactions or responses, including whether or not to dispatch
<br />emergency responder resources. The Customer hereby expressly assumes all risks and liability
<br />associated with any and all action, reaction, response, and dispatch decisions, and for all
<br />consequences and outcomes arising from or caused by any decisions made or not made by the
<br />Customer in reliance, in whole or in part, on any Services provided by SST, including any death,
<br />injury, or loss or damage to any property.
<br />Any and all warranties, express or implied, of fitness for high risk purposes requiring fail-safe
<br />performance are hereby expressly disclaimed.
<br />You and we each acknowledge and agree that the Service is not a consumer good, and is not
<br />intended for sale to or use by or for personal, family or household use.
<br />8. YOUR OBLIGATIONS.
<br />You acknowledge and agree that SST's duties, including warranty obligations, and ability to perform its
<br />obligations to you shall be predicated and conditioned upon your timely performance of and compliance
<br />with your obligations hereunder, including, but not limited to:
<br />A. You agree to pay all sums due under the purchase agreement or order as and when they are due
<br />pursuant to the terms of such agreement or order. Actual access and use of the SST Service shall
<br />constitute evidence that the Service is active and the final payment is due.
<br />B. You agree to use your best efforts to timely perform and comply with all of your obligations allocated to
<br />you in the Purchase Documents and/or other contract documents, including, without limitation, provisions
<br />regarding assisting SST in obtaining sensor site permissions from premises owners or lessors, in
<br />locations reasonably acceptable to SST, which obligations are incorporated by reference and made a part
<br />hereof. Unless the Statement of Work or other contract documents signed by SST allocates such
<br />obligations to SST expressly, Customer shall be responsible for securing from premises owners or
<br />lessors all rights necessary to enter onto their premises to install sensors, and to place, operate and
<br />maintain such sensors on such premises. SST's duties, including warranty obligations to you shall be
<br />predicated and conditioned upon your timely performance of and compliance with your obligations set
<br />forth herein, and in the Purchase Documents.
<br />C. You shall not permit any alteration, modification, substitution or supplementation of the SST Service or
<br />web portal, or the combining, connection, merging, bundling, or integration of the SST Service or web
<br />portal into or with any other system, equipment, hardware, software, technology, function or capability,
<br />Without our prior written consent.
<br />D. Unless otherwise expressly agreed in advance in writing by SST, you shall not resell, transfer,
<br />distribute or allow access to the Service or web portal or any portion thereof, to any person other than the
<br />specific end-user previously identified to SST in the Purchase Documents, and shall not authorize or
<br />REV: 06-19-18 MI
<br />Page 10 of 20
<br />AT TY/AG R.2018.131 /S hotS potter
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