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advance written notice must be accompanied by payment in full for, (a) all amounts due for services pursuant to the
<br />term of this Agreement, or (b) all other services rendered by Company, unpaid, at time of notice.
<br />5. Limited Warranty. Fleet Solutions LLC provides a limited warranty that forthe period as listed in Attachment A.
<br />for equipment purchased new, following the activation of equipment of Fleet Customer (the "Warranty Period"), the
<br />Equipment will not have defects in material and workmanship and during the Term: (a) Licensed Matter will be able to
<br />perform the data processing functions described in the applicable operating manuals; and (b) Services will be provided
<br />in a workmanlike manner. You may only make claims under this limited warranty during the Term bynromntly notifying
<br />us after you learn of the facts supporting the claim. We will either repair or replace the non -complying Item or re- perform
<br />the Services; THESE ARE OUR ONLY OBLIGATIONS AND YOUR ONLY REMEDY FOR BREACH OF
<br />WARRANTY. We do not provide warranties on items acquired from others, even if acquired with our assistance. The
<br />limited warranties contained in this Section are void if you default. Unless otherwise agreed in writing, downtime is not
<br />a breach of this Agreement by us and will not entitle you to any refunds or credits. Fleet Solutions will not be liable for
<br />consequential, special, indirect or incidental damages, including lost profits or lost data, even if that party is told those
<br />damages may occur. We are not responsible for (a) delays in delivery, installation or providing the service, no matter
<br />who caused the delay; (b) anything outside our reasonable control or resulting from your breach; or (c) the operation
<br />of items if any item acquired from a third party is used with the items. You acknowledge that the GPS device is a wireless
<br />device and that the service provider cannot collect data from the GPS device once it travels beyond a certain range.
<br />The items and services are dependent on the coverage areas of wireless networks owned and operated by third parties.
<br />Coverage areas are approximate and do not cover significant portions of North America. Actual coverage and operation
<br />of the products depends on system availability and capacity, system and equipment upgrades, repairs, maintenance,
<br />modifications, relocation, terrain, signal strength, structural conditions, weather and atmospheric conditions,
<br />governmental regulations, and other, acts of God, and other conditions beyond Fleet Solutions reasonable control. The
<br />items may not operate in enclosed space, in building, between buildings, underground, or in canyons. The items and
<br />services are dependent upon the availability of the internet, which is owned and operated by and accessed through
<br />third parties. Fleet Solutions LLC does not warrant that the receipt of data, mapping information, and other content from
<br />the GPS device will be uninterrupted, or that the transmission of data, mapping information, and other content will always
<br />be timely or complete. You acknowledge that neither the device nor the service shall prevent and/or detect all vehicle
<br />problems guarantee that a customer vehicle will not break down or guarantee that customers will notincur vehicle repair
<br />bills. You acknowledge that the device should not be used in lieu of a vehicle warranty or standardvehicle maintenance.
<br />You acknowledge that the device does not detect failures in internally lubricated parts and systems not monitored by
<br />your vehicle's computer. You acknowledge that if the location -based data or location -based services are used to attempt
<br />to locate a vehicle (e.g. a stolen vehicle), Fleet Solutions LLC does not guarantee that the vehicle will be successfully
<br />located and/or recovered. In the event the device or the service is not actually available or is not functioning properly,
<br />we shall have the right to refuse to provide a replacement device or service.
<br />While we endeavor to provide the most accurate, up-to-date data available, data we collect from the device installed in a
<br />vehicle may, at times, contain technical inaccuracies or errors, and may be changed or updated without notice. except as
<br />expressly set forth herein, the device and the service are provided by us on an "as -is" basis to the full extent permissible
<br />by applicable law, we disclaim all representations and warranties of any kind, express orimplied, including, but not limited
<br />to, implied warranties of non -infringement merchantability and fitness for a particular purpose, as to the device and the
<br />service, and the data (including its accuracy and availability), services or materials included or offered as part of the
<br />service. You assume the entire risk in downloading or otherwise accessing any data, information, files orother materials
<br />obtained from the website or through the system.
<br />6. PERSONAL IDENTIFICATION NUMBERS (PIN), PASSWORD$ AND SECRET QUESTIONS. A PIN,
<br />password or'secret question' may be required to access the Licensed Matter and location -based data. You can change
<br />these at any time by contacting Fleet Solutions LLC or by accessing the website. Failure to protect your PIN, password
<br />or secret question, or improper use of the same, may result in termination of the service. You acknowledge that you
<br />accept full responsibility for the use and protection of your PIN, password, or secret question, and that Fleet Solutions
<br />LLC is not responsible if an unauthorized party uses these in any way. You also consent that vendors working with Fleet
<br />Solutions (e.g., those providing roadside assistance) may use your PIN, password, or secret question, and accept full
<br />responsibility for any services performed or data that may be accessed resulting from using these constructs.
<br />7. DATA ACCESS, You represent and warrant that you have all rights and authority with respect to the Customer
<br />information ("Business Data") required to grant the rights and approvals set forth in this paragraph and that you approve
<br />and grant to us the nonexclusive, non-terininable license and right to collect, access, and use informationfrom you, the
<br />Customer, their vehicle, and the information arrangement system, and to access, copy, or use the Business Data in the
<br />course of providing the items and performing the services to which you or the Customer have consented, limited to our
<br />performance of the following activities: (i) to provide the Items and Services to you and the Customer: (ii) to perform
<br />software support services, and other services on your behalf and have third party provider dothe same, such as for
<br />roadside assistance or recovery of a stolen vehicle; (iii) to compile and aggregate statistical data to analyze, measure,
<br />and optimize the performance of our products and services for you, Fleet Customers and other
<br />Revisetl GPSA,j.ement 10/1412013
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