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any external causes, including, but not limited to, any of the following: (a) Client's failure to follow
<br />operational, support, or storage instructions as set forth in applicable documentation; (b) the use of
<br />noncompatible media, supplies, parts, or components; (c) modification or alteration of the HVS, or its
<br />components, by Client or third parties not authorized by Hart; (d) use of equipment or software not
<br />supplied or authorized by Hart; (e) external factors (including, without limitation, power failure, surges
<br />or electrical damage, fire or water damage, air conditioning failure, humidity control failure, or corrosive
<br />atmosphere harmful to electronic circuitiv), (f) failure to maintain proper site specifications and
<br />environmental conditions; (g) negligence, accidents, abuse, neglect, misuse, or tampering, (h) improper
<br />or abnormal use or use under abnormal conditions; (i) use in a manner not authorized by this Agreement
<br />or use inconsistent with Hart's specifications and instructions; 0) use of software on Equipment that is
<br />not in good operating condition; (k) acts of Client, its agents, servants, employees, or any third party; (1)
<br />servicing or support not authorized by Hart; or (m) Force Majeure. Hart reserves the right to charge for
<br />repairs on a time -and- materials basis at Hart's then - prevailing rates, plus expenses, and for replacements
<br />at Hart's list prices caused by these exclusions from warranty and support coverage.
<br />1.4 Non -Hart Equipment and Non -Hart Software Excluded HART MAKES NO
<br />REPRESENTATIONS OR WARRANTIES AS TO NON -HART EQUIPMENT AND NON -HART
<br />SOFTWARE, IF ANY, PROVIDED BY HART TO CLIENT, ALL OF WHICH IS SOLD, LICENSED,
<br />OR SUBLICENSED TO CLIENT "AS IS." HART HAS NO RESPONSIBILITY OR LIABILITY FOR
<br />NON -HART EQUIPMENT AND NON -HART SOFTWARE, IF ANY, PROVIDED BY HART'S
<br />DISTRIBUTORS OR OTHER THIRD PARTIES TO CLIENT. If Hart sells, licenses, or sublicenses any
<br />Non -Hart Equipment or Non -Hart Software to Client, Hart will pass through to Client, on a nonexclusive
<br />basis and without recourse to Hart, any third -party manufacturer's warranties covering the equipment or
<br />software, but only to the extent, if any, permitted by the third -party manufacturer. Client agrees to look
<br />solely to the warranties and remedies, if any, provided by the manufacturer or third -party licensor.
<br />1.5 Disclaimer THE WARRANTIES IN THIS WARRANTY TERMS SECTION GIVE
<br />CLIENT SPECIFIC LEGAL RIGHTS, AND CLIENT MAY ALSO HAVE OTHER RIGHTS THAT
<br />VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION). HART'S
<br />RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HVS HARDWARE AND HART
<br />PROPRIETARY SOFTWARE IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN
<br />THIS WARRANTY TERMS SECTION. TO THE MAXIMUM EXTENT PERMITTED BY
<br />APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES IN SECTION 1 OF
<br />THIS AGREEMENT, (A) THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY
<br />OPERATION OF LAW OR OTHERWISE UNDER THIS AGREEMENT OR IN CONNECTION WITH
<br />THE SALE OF HVS HARDWARE AND LICENSE OF HART PROPRIETARY SOFTWARE, AND
<br />(B) HART DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT
<br />LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
<br />MERCHANTABILITY, TITLE, AND NONINFRINGEMENT FOR ALL HARDWARE, SOFTWARE,
<br />AND SERVICES. THE EXPRESS WARRANTIES EXTEND SOLELY TO CLIENT. SOME STATES
<br />(OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE
<br />ABOVE LIMITATION MAY NOT APPLY TO CLIENT.
<br />2. SOFTWARE SUPPORT SERVICES
<br />2.1 Description of Software Support Services Subject to the terms and conditions of this
<br />Agreement, Hart will provide Client the Software Support Services described below. Support Services
<br />under this Section 2 do not cover any of the exclusions from warranty and support coverage as described
<br />under Section 13. If Hart, in its discretion, provides Support Services in addition to the services
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<br />HVS License Agreement — Rev. 09 -2011
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