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it non-infringing,or procure a license for Customer under the rights location data and information based upon the display settings that
<br /> allegedly infringed.If none of the options described in the preceding you choose within the ParkEdge RealTime system. If Streetline
<br /> sentence is available to Streetline using commercially reasonable determines, in its sole discretion,to no longer make the ParkEdge
<br /> efforts,then Streetline may terminate this Agreement and refund to RealTime system and services generally available to its similarly
<br /> Customer a pro rata portion of the Fees paid in advance for use of situated customers,Streetline may cease providing you the ParkEdge
<br /> the Service for the terminated portion of the Term.Streetline shall RealTime system and services and will refund to you a pro-rated
<br /> have no liability under this Section 6(a)with respect to:(a)any use amount of the installation fee equivalent to 1/36`h of the instailation
<br /> or other exploitation of the Service other than in the form provided fee for each month prior to three years of service (from date of
<br /> to Customer by Streetline hereunder, (b) any use or other activation)that service is ceased.
<br /> exploitation of the Service not in compliance with this Agreement,
<br /> Streetline's instrudions,or applicable law,or(c)any combination of
<br /> the Service with any software, hardware, technology, or materials
<br /> not provided by Streetline.
<br /> (c) Customer shall defend, indemnify and hold
<br /> Streetline harmless from and against all claims, losses, liabilities,
<br /> costs and expenses (including attorneys' fees) arising out of any
<br /> breach of any representation, warranty, or other provision of this
<br /> Agreement by Customer or any other act or omission of Customer,
<br /> inciuding Customer's use of the Portal or other products or services
<br /> of Streetline.
<br /> 7. Disclaimer of Warranties and Limitation of Liability.ANY
<br /> WARRANTIES STATED HEREfN, ARE THE SOLE AND EXCLUSIVE
<br /> WARRANTIES OFFERED BY STREETLINE.STREETLINE MAKES N0,AND
<br /> EXPRESSLY DISCLAIMS ALL, OTHER WARRANTIES, EXPRESS OR
<br /> IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY,
<br /> FITNESS FOR A PARTICULAR PURPOSE.TO THE EXTENT ALLOWED BV
<br /> APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR
<br /> ANY LO55 OF PROFITS, LOSS OF USE OR DATA, OR FOR INDIRECT,
<br /> SPECIAL,INCIDENTAL,CONSEQUENTIAL,OR PUNITIVE DAMAGES OF
<br /> ANY KIND ARISING FROM OR REIATING TO THIS AGREEMENT OR THE
<br /> SUBJECT MATTER HEREOF,HOWEVER CAUSED,EVEN IF SUCH PARTY
<br /> HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
<br /> Streetline does not guarentee any increase in volume of Customer-
<br /> operated parking facilities will result from making any Customer
<br /> Data available to Streetline's or its customers'and licensees'users.
<br /> Neither party will be liable for any indirect,incidental,consequential,
<br /> special, exemplary or punitive damages of any kind in connection
<br /> with this Agreement,nor for any damages for loss of profits,loss or
<br /> interruption of business, loss of use, loss of data, or loss of other
<br /> intangibles.
<br /> 8. Governing Law; Jurisdiction; Etc. This Agreement (and
<br /> any claim or dispute arising in connection with this Agreement) is
<br /> governed by and shall be construed in accordance with the laws of
<br /> the State of California, U.S.A., without regard to its principies of
<br /> conflicts of law,and Customer consents to the exclusive jurisdiction
<br /> of the federal and state courts located in San Mateo County,
<br /> California, U.S.A., and waives any jurisdidional, venue or
<br /> inconvenient forum objections thereto. This Agreement contains the
<br /> entire agreement between the parties with respect to the subject
<br /> matter hereof,and supersedes all prior agreements,understandings,
<br /> negotiations or discussions with respect to such subjed matter
<br /> except for any written agreements duly executed by handwritten
<br /> signature by both parties hereto.
<br /> Additional Terms of Use for ParkEdge RealTime Services
<br /> The following terms apply to Streetline's provision of,and your use
<br /> of, the ParkEdge RealTime system and services. Streetline's
<br /> provision of, and your use of, the ParkEdge RealTime system and
<br /> services is subject to and conditioned upon payment of Streetline's
<br /> one-time Adivation Fee as specified in the Order Form for
<br /> Streetline's installation of the ParkEdge RealTime system and
<br /> services for the Garages. Data and information gathered by or
<br /> submitted to the ParkEdge RealTime system shall be deemed
<br /> Customer Data subject to the terms and conditions of the
<br /> Agreement. Streetline will provide Parker Users with your parking
<br /> ATfY/AGR/2013.117/STREETLINE INC.
<br /> REV:07-15-13 VR
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