ever, that such operation is: (a) subject to LRS’s control, (b) conducted on a non-profit, cost shared basis with costs apportioned as part
of the price for such Deliverable, (c) in accordance method of operation set forth in the manual for the deliverable, available for down-
load at http://lrsus.com/support and (d) limited to the term of this Agreement, the term of LRS’s authority, or a term otherwise speci-
fied by LRS, whichever expires earlier. Notwithstanding the provision below entitled “No Third Party Beneficiary,” users of any
Deliverables acquired from Purchasers or other entities may contact LRS to determine if they may be eligible to operate under LRS’s
authority. Alternatively, Purchasers and users may obtain their own licensing authority; the FCC posts a list of licensing coordinators at
http://wireless.fcc.gov/services/index.htm?job=licensing_3&id=industrial_business. Purchasers and eligible users of any Deliverable
agree to abide by and strictly adhere to any rules, regulations and guidelines, including the FCC’s rules, governing the operation of the
Deliverable. Changes or modifications to any portion of any Deliverable may void the Purchaser’s or user’s authority to operate the De-
liverable and should not be made without the express approval of LRS. Moreover, use of any portion of any Deliverable outside the
United States is subject to the rules and regulations of other countries and may be prohibited. Use of any Deliverable constitutes Pur-
chaser’s and user’s acceptance of and agreement to these General Terms and Conditions, including any revisions to these General
Terms and Conditions that may be required to reflect changes in the regulatory or other obligations imposed upon LRS.
Governing Law and Venue.
These General Terms and Conditions and any agreement relating to them shall be construed in ac-
cordance with and governed by the laws of the State of Texas (without regard to its conflicts of laws). Any dispute relating to these Gen-
eral Terms and Conditions and any agreement relating to them may only be heard and resolved by a court in Dallas County in the State
of Texas. Purchaser consents to the personal jurisdiction of such courts over it. If any action at law or in equity is necessary to enforce
or interpret any of the rights or obligations of the parties to these General Terms and Conditions, the prevailing party shall be entitled
to reasonable attorneys’ fees, costs, and necessary disbursements, in addition to any other relief to which it may be entitled.
No Assignment or Transfer.
The rights and benefits provided under these General Terms and Conditions, as well as under any
agreement that incorporates them, shall not be assigned without the express written permission of LRS. Similarly, the Deliverables may
not be transferred to any other person, without the express written permission of LRS. Notwithstanding, Purchaser may temporarily loan
its customers paging receivers. Purchaser may also transfer the Deliverables, as well as the rights and benefits under these General
Terms and Conditions and any agreement that incorporates them, as an ancillary part of a sale of its business or substantially all of its
assets. Following any assignment or transfer, Purchaser shall remain bound by all of the duties and obligations that are set forth in these
General Terms and Conditions and any agreement that incorporates them.
No Third Party Beneficiary.
Except as otherwise expressly provided in this Agreement, these General Terms and Conditions, as
well as any agreement that incorporates them, are solely for the benefit of Purchaser. Neither the customers of Purchaser, nor any other
person is an intended beneficiary of these General Terms and Conditions or any agreement that incorporates them, nor shall any such
person have the right to any benefit that is provided under these General Terms and Conditions or any agreement that incorporates them.
Merger.
Except as otherwise specifically set forth herein, these General Terms and Conditions, and any agreement that incorporates
them, supersede any oral or other representation that may have been made about these General Terms and Conditions, any agreement
that incorporates them, or any of the Deliverables. These General Terms and Conditions, and any agreement that incorporates them,
may not be modified or superseded, except by a written agreement or a written amendment that is signed by LRS. In the event of any
inconsistency between these General Terms and Conditions or any agreement that incorporates them and any form or other document
supplied by Purchaser, such as a purchase order, the terms of these General Terms and Conditions or any agreement that incorporates
will prevail
Severability.
In the event that any portion of these General Terms and Conditions or any agreement that incorporates them is found
to be invalid or unenforceable for any reason, the remaining portions shall continue to be in full force and effect.
Fees & Payment.
Purchaser agrees to pay all Service and Deliverable fees, plus any applicable taxes, in accordance with the terms
and payment method set forth in this agreement. Purchaser is responsible for providing accurate billing and contact information to
LRS. LRS retains the right to suspend or terminate services if fees become past due. LRS reserves the right to change Service rates by
providing Customer at least 30 days’ notice prior to billing.
Term & Termination.
Purchaser has the option of purchasing Monthly or Annual service plans which are non-refundable and not
available for proration except as required by law. Monthly agreements will auto-renew on a month-to-month basis until such time that
a formal termination notice has been received by LRS. Prepaid Annual agreements will automatically renew at the end of each annual
term unless Purchaser has given cancellation notice 30 days in advance of renewal term. Monthly-billed Annual agreements will auto-
renew on a perpetual month-to-month basis upon completion of the initial annual term until cancellation notice is received by LRS. In
the event that any agreement incorporating these General Terms and Conditions is terminated for any reason, all of the duties and ob-
ligations that the agreement and these General Terms and Conditions impose upon Purchaser shall continue in full force and effect, ex-
cept any obligation to make payment for a Deliverable prior to its delivery.
Long Range Systems
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PRONTO Quick Guide
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