Terms & Conditions
GENERAL TERMS AND CONDITIONS FOR LONG RANGE SYSTEMS, LLC
(FOR PURCHASERS)
These general terms and conditions (“General Terms and Conditions”) govern all persons (“Purchasers”) that purchase or license equip-
ment, software, firmware, and/or services (collectively “Deliverables”) from Long Range Systems, 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 Purchasers. The Software is not sold.
Usage Restriction.
Paging technology may at times not work due to structural and other types of interference with signal trans-
mission 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 guidelines related to the use of any portion of any Deliverable to collect, store or transmit personally-iden-
tifiable information, including any “protected 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 customers may be collected in connec-
tion with surveys, consultations, and uses of the Deliverables, including email addresses, telephone numbers, locations of users (which
may utilize geo-location technology), times of usage, times of paging, times of responses to paging, devices used, configuration pref-
erences, cookies, and social network information. In order to provide LRS’s customers with enhanced comparative benchmarking serv-
ices with respect to customer industries, among other services, Purchaser hereby grants to LRS a royalty-free, perpetual, irrevocable
license to use and distribute this data and results obtained through Purchaser’s use of the Deliverables for any and all purposes; pro-
vided that LRS shall not identify any Purchaser, or distribute to third parties any “protected health information” (as defined by HIPAA)
or billing 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 Deliverables. Without limiting the foregoing, Purchaser shall obtain all authoriza-
tions, consents or other permissions from Purchaser’s customers (or the customer’s authorized personal representative) for the disclo-
sure 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 regu-
lations.
Limited Warranty.
LRS warrants to only Purchaser that the Deliverables will perform in accordance 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-
RANTY OF NON-INFRINGEMENT. PURCHASER ACCEPTS
THE 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 Purchaser 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 contain confidential trade secret in-
formation. Purchaser shall not attempt to reverse engineer any portion of the Deliverables or such computer systems, such as to de-
compile any portion of the Software, nor aid anyone else in doing so.
Intellectual Property.
No portion of any intellectual property right in the Deliverables is being transferred to the Purchaser or to
its customers. Purchaser may not copy or modify any portion of the Deliverables, nor permit or aid anyone else in doing so. Notwith-
standing, Purchaser may use the Deliverables as they are intended to be used, as expressed in written materials published by LRS.
Operational Authority and Licensing Requirements.
Non-Federal government Purchasers may operate the Deliverables
within the United States under the licensing authority issued to LRS by the Federal Communications Commission (FCC), provided, how-
Long Range Systems
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