
TERMS & CONDTIONSGENERAL TERMS AND CONDITIONS FOR LONG RANGE SOLUTIONS, LLC (FOR PURCHASERS)These general terms and conditions (“General Terms and Conditions”) govern all persons (“Pur-chasers”) that purchase or license equipment, software, firmware, and/or services (collectively “Deliverables”) from Long Range Solutions, LLC (“LRS”).Limited Software Use License. All software and firmware (collectively “Software”) is licensed for use only by Purchaser and, in the case of Software for paging receivers, by customers of Pur-chasers. The Software is not sold.Usage Restriction. Paging technology may at times not work due to structural and other types of interference with signal transmission and due to other reasons. Purchaser therefore agrees not to use any Deliverable for an application in which a paging failure might cause harm to a person, injury to a property, or a substantial business loss. Purchaser also agrees to abide by and strictly adhere to any rules, regulations and guide-lines related to the use of any portion of any Deliverable to collect, store or transmit personallyidentifiable information, including any “pro-tected health information” (as defined by HIPAA), or billing or financial payment data, from any customer or other consumer.Data Collection. In connection with the Deliverables, data provided by Purchaser and its cus-tomers may be collected in connection with surveys, consultations, and uses of the Deliverables, including email addresses, telephone numbers, locations of users (which may utilize geo-loca-tion technology), times of usage, times of paging, times of responses to paging, devices used, configuration preferences, cookies, and social network information. In order to provide LRS’s customers with enhanced comparative benchmarking services with respect to customer indus-tries, among other services, Purchaser hereby grants to LRS a royalty-free, perpetual, irrevo-cable license to use and distribute this data and results obtained through Purchaser’s use of the Deliverables for any and all purposes; provided that LRS shall not identify any Purchaser, or distribute to third parties any “protected health information” (as defined by HIPAA) or bill-ing or financial payment data of any customer or consumer of Purchaser, without the express prior consent of such Purchaser. Purchaser warrants that Purchaser has the right to disclose, transfer or otherwise make available any Protected Health Information (as defined in 45 C.F.R. § 160.103) or other personally identifiable information that is made available to LRS by Purchaser or by Purchaser’s customers in connection with the Software or other Deliver-ables. Without lim-iting the foregoing, Purchaser shall obtain all authorizations, consents or other permis-sions from Purchaser’s customers (or the customer’s authorized personal representative) for the disclosure of customers’ personally identifiable information to LRS that are required by federal, state or local law, including, without limitation, the administrative simplification section of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations.Limited Warranty. LRS warrants to only Purchaser that the Deliverables will perform in accor-dance with specifications for them that LRS has published prior to their delivery for a period of time as specified in the purchase agreement or purchase order relating to such Deliverables. This limited warranty shall be voided if any Deliverable is modified or serviced by someone other than LRS. Disclaimers. LRS HEREBY DISCLAIMS ALL IMPLIED WARRANTIES CONCERNING THE DELIVERABLES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WAR-RAN-TY OF NON-INFRINGEMENT. PURCHASER ACCEPTSTHE DELIVERABLES “AS IS,” EXCEPT FOR THE EXPRESS LIMITED WARRANTY MADE HEREIN.Limitation of Remedies. In the event of any breach of any express warranty made herein, LRS may at its option repair or replace any defective Deliverable or refund the money that Purchaser paid for it. LRS’s total liability for any defect in any Deliverable or for any other breach of any of its duties and obligations to Pur-chaser shall be limited to the amount of money that was paid for the defective Deliverable or the other duty or obligation. LRS will in no event be liable for any lost profit or any other type of consequential damage.Confidentiality. The Deliverables and all computer systems that deliver any portion of them con-tain 12