Honeywell also warrants Alerton Products that it has previously repaired or replaced for the greater of ninety (90)
days from the date of their shipment from Honeywell or the remainder of the Product Warranty Period of the originally
shipped Alerton Product (the "Repair/Replacement Warranty Period"). During the Product Warranty or
Repair/Replacement Warranty Period, Honeywell will repair or replace the applicable Alerton Products without charge
and will add applicable engineering changes and upgrades. This Warranty only applies to defective materials and
workmanship of Alerton Products and excludes defects that result from misuse, neglect, improper installation,
unauthorized repair or alteration, damage during or after shipping, accident and/or misapplication of such products.
This Warranty does not apply to parts, equipment, software, firmware, components, documentation or any other item
that Honeywell does not manufacture or produce. This Warranty is also voided by removal or alteration of Alerton
Product identification labels. Honeywell's sole responsibility with respect to Alerton Products shall be, within the
applicable Product Warranty Period, to furnish a replacement Alerton Product (FOB factory) or, at the option of
Honeywell, to repair and return (FOB Factory) the defective Alerton Product. HONEYWELL HEREBY EXCLUDES
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL
OTHER EXPRESS OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO ALERTON PRODUCTS. In
no event shall Honeywell be liable for personal injury, loss of profit, loss of production, loss of business or goodwill,
business interruption, loss of business information or data, loss due to delays, any other pecuniary loss, any cost or
liability of Users or any other parties, to themselves or to others, increased or uncovered operating or fixed costs,
inefficiency, or any other special, exemplary, consequential, incidental, indirect or remote damages in any manner,
directly or indirectly, related to design, manufacturing, supply, installation or use of, or inability to use, Alerton
Products, or any other act or failure to act by Honeywell or its agents or contractors. HONEYWELL MAKES NO
CLAIMS OR WARRANTIES WITH RESPECT TO THE SOFTWARE OR THE FIRMWARE AND SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
AND EXPRESS OR IMPLIED WARRANTIES THAT THE OPERATION OF THE SOFTWARE OR FIRMWARE OR
ANY PORTION THEREOF WILL BE INTERRUPTION OR ERROR FREE. Notwithstanding anything to the contrary
contained in this Warranty, Honeywell shall not be liable to Users or any other parties for any damages, including, but
not limited to consequential, incidental, indirect, special, exemplary remote or pecuniary damages and any stated or
express warranties set forth in this warranty are in lieu of all obligations or liability for any damages arising out of or in
connection with the use or performance of, or inability to use, Alerton Products and the licensed Software and
Firmware.
User's exclusive remedy and Honeywell's entire liability arising from or in connection with the Alerton Products,
Software, Firmware, Documentation and/or this License and Agreement (including, without limitation, any breach of
any warranty, express or implied) shall be, at Honeywell's option, the repair or replacement of the Products or
Software or Firmware as applicable, as stated above. ACCORDINGLY, HONEYWELL AND ITS DESIGNATED
DEALERS AND THEIR DESIGNATED ASSOCIATE DEALERS HAVE EXCLUDED AND DISCLAIM ANY AND ALL
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, WHATSOEVER, WITH RESPECT TO THE PRODUCTS, THE
SOFTWARE, THE FIRMWARE, THE DOCUMENTATION AND/OR THE LICENSE. USER HEREBY
ACKNOWLEDGES THE SAME.
6. Remedies of Honeywell. IF USER BREACHES THIS AGREEMENT, USER'S LICENSE HEREUNDER SHALL BE
AUTOMATICALLY TERMINATED. Upon termination, User shall return the Software, Firmware and all
Documentation to Honeywell and destroy any copies of the Software, Firmware and the Documentation or any
portions thereof which have not been returned to Honeywell, including copies resident on electronic or digital media.
If User breaches this Agreement, Honeywell shall be entitled to all damages suffered by Honeywell resulting from
such breach and Honeywell shall be entitled to equitable and injunctive relief in addition to all other remedies at law.
In this regard, User acknowledges that its breach of any provision of this Agreement will cause Honeywell immediate
and irreparable injury for which there are inadequate remedies at law. The prevailing party in any dispute concerning
this Agreement shall be entitled to the costs of collection and enforcement, including but not limited to reasonable
attorneys' fees, court costs and all necessary expenses, regardless of whether litigation is commenced.
7. Export. Alerton Products are subject to regulation by local laws and United States government agencies, which
prohibit export or diversion of certain products, information about the products, and direct products of the products to
certain countries and certain persons. User agrees that User will not export in any manner any Alerton Product or