Common use of TRUCE Beacons Clause in Contracts

TRUCE Beacons. a. As part of the License granted to Customer to access and use the TRUCE System, TRUCE will provide Customer with a number of TRUCE Beacons to be mutually agreed upon, but not to exceed the number of Users specified in the Subscription Order(s). Notwithstanding the foregoing, upon Customer’s request, TRUCE will provide Customer with additional TRUCE Beacons (“Additional TRUCE Beacons”). (For example, Customer may wish to have “spare” TRUCE Beacons, or to provide coverage for the TRUCE System in multiple Covered Environments per User.) In such event, the number of Additional TRUCE Beacons, and the additional fees payable to TRUCE for those Additional TRUCE Beacons, will be listed on the Subscription Order(s). For the avoidance of doubt, any and all TRUCE Beacons provided by TRUCE to Customer are for use only by the number of Users specified in the Subscription Order(s); and TRUCE’s provision of Additional TRUCE Beacons, if any, shall not authorize or entitle Customer to increase the number of Users authorized to access or use the TRUCE System under the License. b. If any TRUCE Beacon provided by TRUCE is defective, then Customer’s sole and exclusive remedy will be to return the defective unit and TRUCE shall send a replacement TRUCE Beacon, at no charge. This exclusive remedy is an essential condition of this Agreement. c. If any TRUCE Beacon is lost or damaged after it has been initially delivered to Customer, then Customer shall be required to reimburse TRUCE for the reasonable replacement cost (as specified by TRUCE). As of the date hereof, the replacement cost for a TRUCE Beacon is $65.