Common use of Warranty Disclaimers and Liability Limitations Clause in Contracts

Warranty Disclaimers and Liability Limitations. HONEYWELL SOFTWARE, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED AS IS AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. HONEYWELL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk arising out of use or performance of HONEYWELL SOFTWARE remains with you. THE MAXIMUM AGGREGATE CUMULATIVE LIABILITY OF HONEYWELL ARISING OUT OF OR RELATING TO YOUR USE OF HONEYWELL SOFTWARE OR OTHERWISE ARISING OUT OF OR RELATING TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT (REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE) WILL BE THE AMOUNT THAT YOU PAID FOR THE HONEYWELL SOFTWARE. IN ADDITION, IN NO EVENT SHALL HONEYWELL, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF HONEYWELL SOFTWARE, OR TO YOUR RELATIONSHIP WITH HONEYWELL, EVEN IF HONEYWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Warranty Disclaimers and Liability Limitations. HONEYWELL SOFTWAREWe are the owner, distributor and publisher of the audio CDs and/or software, and/or transcripts, and/or report and/or the accompanying materials. WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF THE CONTENTS OF THESE MATERIALS. The information contained in these Materials are strictly for educational or informational purposes. Therefore, if you wish to apply ideas contained in these Materials, you are taking full responsibility for your actions and are assuming all risks associated with same. OUR MATERIALS AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL ACCOMPANYING SOFTWAREFORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR MATERIALS ARE INTENDED TO EXPRESS OUR OPINION OF SAVINGS OR EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES OR WARRANTIES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE’S, FILESIN FACT NO GUARANTEES OR WARRANTIES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIALS. WE shall in no event be held liable to YOU OR any OTHER party for any direct, DATA indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the materials OR WEBSITE, which ARE provided “as is”, and without warranties. OUR LIABILITY, AND MATERIALSTHE LIABILITY OF OUR AFFILIATES, ARE DISTRIBUTED AND PROVIDED AS OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS AND WITH NO LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE MATERIALS OR USE OF THIS SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR REPRESENTATIONS THE EXCLUSION OR LIMITATION OF ANY KINDCERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, WHETHER EXPRESS SOME OR IMPLIEDALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HONEYWELL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIESAs always, INCLUDING WARRANTIES OF NON- INFRINGEMENTthe advice of a competent legal, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEtax, accounting or other professional should be sought. The entire risk You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, due to or arising out of use or performance of HONEYWELL SOFTWARE remains with you. THE MAXIMUM AGGREGATE CUMULATIVE LIABILITY OF HONEYWELL ARISING OUT OF OR RELATING TO YOUR USE OF HONEYWELL SOFTWARE OR OTHERWISE ARISING OUT OF OR RELATING TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT (REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE) WILL BE THE AMOUNT THAT YOU PAID FOR THE HONEYWELL SOFTWARE. IN ADDITION, IN NO EVENT SHALL HONEYWELL, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF HONEYWELL SOFTWARE, OR TO YOUR RELATIONSHIP WITH HONEYWELL, EVEN IF HONEYWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.the following events:

Warranty Disclaimers and Liability Limitations. HONEYWELL THIS SOFTWARE, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED AS IS, AND THE APP IS PROVIDED AS IS, AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. HONEYWELL THE SUPPLIERS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON- NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk arising out of use or performance of HONEYWELL SOFTWARE remains with you. THE MAXIMUM AGGREGATE CUMULATIVE LIABILITY OF HONEYWELL ENTIRE RISK ARISING OUT OF USE OR RELATING PERFORMANCE OF THE APP REMAINS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SUPPLIERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SUPPLIERS DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE APP OR RECEIVED THROUGH ANY LINKS PROVIDED, AS WELL AS FOR ANY INFORMATION RECEIVED THROUGH THE APP OR THROUGH ANY LINKS PROVIDED BY THE APP. THE SUPPLIERS SIMILARLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE APP YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SUPPLIERS DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR (1) THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT OR INFORMATION OR MATERIAL PROVIDED BY OR ACCESSIBLE THROUGH THE APP; OR (2) THE USE OF OR INABILITY TO USE THE APP; OR (3) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; OR (4) INFORMATION COMMUNICATED THROUGH MESSAGE BOARDS OR OTHER FORUMS; OR (5) ANY OTHER FAILURE TO PERFORM BY THE SUPPLIERS. THE SUPPLIERS EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE APP, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE SUPPLIERS MAKE NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY DATA STORAGE FACILITIES OFFERED BY THE SUPPLIERS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR USE COMPUTER SYSTEM OR LOSS OF HONEYWELL SOFTWARE DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. IF THE SUPPLIERS SHOULD NEVERTHELESS BE FOUND LIABLE, WHETHER DIRECTLY OR OTHERWISE INDIRECTLY, FOR ANY LOSS, DAMAGE OR INJURY ARISING OUT OF OR RELATING TO THE TRANSACTIONS CONTEMPLATED BY UNDER THIS AGREEMENT (OR OTHERWISE, REGARDLESS OF LEGAL THEORYCAUSE OR ORIGIN, WHETHER IN TORTON ANY BASIS WHATSOEVER, (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE) WILL ), EVEN IF AS A RESULT OF THEIR NEGLIGENCE OR GROSS NEGLIGENCE, THEIR TOTAL MAXIMUM LIABILITY IS LIMITED TO AND SHALL NOT IN ANY CASE EXCEED $100.00 WHICH SHALL BE THE AMOUNT THAT YOU PAID FOR THE HONEYWELL SOFTWARECOMPLETE AND EXCLUSIVE REMEDY AGAINST THEM. IN ADDITION, IN NO EVENT SHALL HONEYWELL, THE SUPPLIERS OR ITS THEIR RESPECTIVE PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF HONEYWELL SOFTWARE, THE APP OR ANY COMPONENT THEREOF OR TO YOUR RELATIONSHIP WITH HONEYWELLTHE SUPPLIERS, EVEN IF HONEYWELL HAS THE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

Warranty Disclaimers and Liability Limitations. HONEYWELL ALARMNET SOFTWARE, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED AS IS IS, AND THE TOTAL CONNECT SERVICES AND ALARMNET NETWORK ARE PROVIDED AS IS, AND WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. HONEYWELL ALARMNET EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON- NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk arising out of use or performance of HONEYWELL SOFTWARE remains with you. THE MAXIMUM AGGREGATE CUMULATIVE LIABILITY OF HONEYWELL ENTIRE RISK ARISING OUT OF USE OR RELATING TO YOUR USE PERFORMANCE OF HONEYWELL SOFTWARE ALARMNET SOFTWARE, TOTAL CONNECT SERVICES AND ALARMNET NETWORK REMAINS WITH YOU. FOR COMMERCIAL CUSTOMERS, THERE ARE NO EXPRESS OR OTHERWISE ARISING OUT IMPLIED WARRANTIES THAT EXTEND BEYOND THE FACE HEREOF. FOR RESIDENTIAL CUSTOMERS, THERE ARE NO EXPRESS WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF, AND ALL IMPLIED WARRANTIES, OBLIGATIONS OR LIABILITIES MADE BY ALARMNET IN CONNECTION WITH TOTAL CONNECT OR ALARMNET NETWORK, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR RELATING FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, ARE LIMITED IN DURATION TO THE TRANSACTIONS CONTEMPLATED EXTENT PERMITTED BY LAW TO A PERIOD OF 1 YEAR FROM THE DATE OF ORIGINAL LICENSURE OR ACCESS. Resideo Technologies, Inc., ALARMNET and their respective service providers have no liability or responsibility whatsoever for the choice of alarm devices installed at your premises, or its installation and connection to, or the operation of your central station. You acknowledge and agree that you have no contractual relationship with any of the service providers and/or cellular and data carriers. Resideo Technologies, Inc. and the service providers have no liability or responsibility whatsoever for the ALARMNET NETWORK and/or the TOTAL CONNECT SERVICES. You acknowledge and agree that neither Resideo Technologies, Inc. ALARMNET, the service providers, your central station, nor installer is your insurer and that they shall be exempt from liability for all loss or damage which the alarm system or monitoring is designed to detect or avert. You acknowledge that you are not a third party beneficiary of any agreement between ALARMNET and any service provider, and that such third party will have no legal, equitable, or other liability of any kind to you. The service providers’ and ALARMNET's sole responsibility is to permit your connection to the ALARMNET NETWORK and the TOTAL CONNECT SERVICES. The responsibilities of your central station, installer and Resideo Technologies, Inc. relating to the alarm equipment are governed by your agreements with them. IF ALARMNET OR Resideo Technologies, Inc. OR THE SERVICE PROVIDERS SHOULD NEVERTHELESS BE FOUND LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS, DAMAGE OR INJURY ARISING UNDER THIS AGREEMENT (OR OTHERWISE, REGARDLESS OF LEGAL THEORYCAUSE OR ORIGIN, WHETHER IN TORTON ANY BASIS WHATSOEVER, (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE) WILL ), EVEN IF AS A RESULT OF THEIR NEGLIGENCE OR GROSS NEGLIGENCE, THEIR TOTAL MAXIMUM LIABILITY IS LIMITED TO AND SHALL NOT IN ANY CASE EXCEED $1,000.00 WHICH SHALL BE THE AMOUNT THAT YOU PAID FOR THE HONEYWELL SOFTWARECOMPLETE AND EXCLUSIVE REMEDY AGAINST THEM. IN ADDITION, IN NO EVENT SHALL HONEYWELLALARMNET, Resideo Technologies, Inc., THE SERVICE PROVIDERS OR ITS THEIR RESPECTIVE PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF HONEYWELL ALARMNET SOFTWARE, THE TOTAL CONNECT SERVICES, THE ALARMNET NETWORK OR TO YOUR RELATIONSHIP WITH HONEYWELLALARMNET, EVEN IF HONEYWELL ALARMNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. 12. NO GUARANTEE EVEN IF THE ALARM EQUIPMENT IS TESTED REGULARLY AND THE COMPONENTS ARE OPERATING IN ACCORDANCE WITH SPECIFICATIONS, THERE CAN BE NO GUARANTEE THAT IT WILL NOT BE COMPROMISED OR CIRCUMVENTED BEFORE IT COMMUNICATES WITH THE CENTRAL STATION, OR THAT IT WILL PROVIDE ADEQUATE WARNING IN ANY GIVEN SITUATION, OR THAT IT WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS BY XXXXXXXX, ROBBERY, FIRE OR OTHERWISE. FURTHER, THERE IS NO GUARANTEE THAT THE TOTAL CONNECT SERVICES, YOUR HANDHELD DEVICE OR THE ALARMNET NETWORK WILL TRANSMIT OR RECEIVE ALL SIGNALS SENT BY OR TO YOU REGARDING THE ACTIVATION OR DEACTIVATION OF YOUR ALARM SYSTEM. Even with the extra protection of the ALARMNET NETWORK, due to the very nature of radio waves and other communications technologies, there may be times when the ALARMNET NETWORK is unable to maintain contact with subscriber Equipment, the TOTAL CONNECT SERVICES or re-transmit a message. Further, the TOTAL CONNECT SERVICES and the ALARMNET SOFTWARE are intended to operate over the internet. Neither ALARMNET nor Resideo Technologies, Inc. shall have any liability arising out of or resulting from the failure to transmit or receive any message as a result of their respective connections with or to the internet or as a result of your internet or wireless connection. You acknowledge that you have purchased internet connectivity services from a third party provider and that you hereby release ALARMNET and Resideo Technologies, Inc. from all liability resulting therefrom. It is recommended that ALARMNET subscriber communications Equipment be configured with secondary communications means, such as a digital dialer. You understand that properly installed and maintained alarm devices (including the subscriber Equipment), may only reduce the risk of a burglary, robbery, fire or otherwise occurring without providing an alarm, but it is not insurance or a guaranty that such will not occur or that there will be no personal injury or property loss as a result. CONSEQUENTLY, Resideo Technologies, Inc. ALARMNET, AND THE NETWORK SERVICE PROVIDERS SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER LOSS BASED ON A CLAIM THAT THE EQUIPMENT FAILED TO GIVE WARNING. For all these reasons, You are responsible for maintaining appropriate caution, and insuring life and property with the types and amounts of insurance You deem appropriate. ALARMNET does not guarantee that the ALARMNET SOFTWARE or the TOTAL CONNECT SERVICES will be compatible with all computers or handheld devices. ALARMNET requires that you fully test your device from your home prior to using any service in a live setting to ensure full compatibility. You may incur additional data, airtime or other charges and taxes from your service provider for use of your handheld device. 13. MISCELLANEOUS You hereby acknowledge that you are duly authorized to execute and deliver this Agreement on your behalf and on behalf of those residing in, or visiting, Your premises, if applicable. This Agreement has been duly executed and delivered by You and this Agreement constitutes a legal, valid and binding obligation, enforceable against You in accordance with its terms. ALARMNET has the right to audit your compliance with the terms and conditions of this Agreement, including without limitation, ensuring that you are not engaging in unauthorized, unlicensed use of the ALARMNET SOFTWARE, and to immediately terminate your license in this Agreement if an audit shows that you are in breach of any of the terms and conditions of this Agreement, as well as to enforce all other rights and remedies available under this Agreement or otherwise under law or at equity. The failure of ALARMNET to enforce at any time any of the provisions of this Agreement shall not be construed to be a continuing waiver of any provisions hereunder nor shall any such failure prejudice the right of ALARMNET to take any action in the future to enforce any provisions hereunder. It is understood and agreed that, notwithstanding any other provisions of this Agreement, breach of any provision of this Agreement by you may cause ALARMNET irreparable damage for which recovery of money damages would be inadequate, and that ALARMNET shall therefore be entitled to obtain timely injunctive relief to protect ALARMNET’s rights under this Agreement in addition to any and all remedies available at law. Nothing contained herein shall be construed as creating any agency, employment, relationship, partnership, principal-agent or other form of joint enterprise between the parties. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or extent of such section or in any way affect this Agreement. This Agreement, your Subscription Agreement and ALARMNET’s and/or Resideo Technologies, Inc.’s terms and conditions of sale that accompanied your purchase of any equipment (and in the case of a ALARMNET Central Station or dealer, your Central Station Monitoring Agreement) forms the entire agreement between you and ALARMNET and Resideo Technologies, Inc. and supersede in their entirety any and all oral or written agreements previously existing between you and Resideo Technologies, Inc. and ALARMNET with respect to the subject matter hereof. This Agreement may only be amended or supplemented by a writing that refers explicitly to this Agreement and that is signed by duly authorized representatives of you and ALARMNET. The preprinted terms and conditions of any purchase order issued by you in connection with this Agreement shall not be binding to ALARMNET and shall not be deemed to modify this Agreement. Software and technical information delivered under this Agreement is subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations, and you shall be solely responsible for obtaining any import, export, re-export approvals and licenses required for such software any technical information, and retaining documentation to support compliance with those laws and regulations. The Equipment is programmed with information unique to you and your address. Should you move the Equipment to a new location, or sell the premises with the Equipment, in order for the Equipment to continue operating properly and maintain contact with the Network or TOTAL CONNECT SERVICES you must notify your central station monitoring company or dealer, who will provide further instructions. You must notify your central station if you are moving to terminate your Total Connect Services account. ALARMNET and Resideo Technologies, Inc. are located in New York. This Agreement shall be deemed entered into in the State of New York and shall be governed by and construed according to the internal laws of the State of New York applicable to agreements executed and to be performed entirely within New York, without regard to conflict of law principles. Any action against any party to this Agreement shall be commenced only in the federal or state courts within the State of New York, which courts shall have exclusive jurisdiction over such actions and proceedings and the parties hereby irrevocably consent to personal jurisdiction over them by such courts. Neither this Agreement nor any of the rights, interests or obligations provided by this Agreement may be transferred or assigned by you without the prior written consent of ALARMNET. This Agreement shall be binding upon the parties and each of their present and future officers, directors, employees, parents, subsidiaries, agents, successors, assigns, contractors, licensees, affiliates, family members and guests and authorized users. The provisions of this Agreement shall apply to the fullest extent permitted by law and be interpreted and applied to a lesser extent, where necessary to be valid. The invalidity or unenforceability of any provision of this agreement shall not affect any other provision and all such other provisions shall remain in full force and effect without change or modification thereof. The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. All notices under this Agreement shall be given in writing by mail at the addresses set forth herein or as may be supplied in the future. 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