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<br />11. Security: Licensee understands that Internet communications are not secure, and may be
<br />subject to interception or loss. Licensee understands and acknowledges that Licensor is providing
<br />the "Service" on the World Wide Web through an "upstream" third party Internet Service Provider,
<br />utilizing public utility services. Licensor shall not be liable to Licensee in the event of any
<br />interruption of service or lack of presence on the Internet as a result of any disruption by the third
<br />party Internet Service Provider or public utility. In the event of any disruption of service, Licensor
<br />will use its best efforts to notify Licensee and to expedite resumption of service.
<br />
<br />12. Warranty: (a) Licensee acknowledges that software in general is not error-free and agrees that
<br />the existence of such errors in software used in conjunction with the "Service" shall not constitute
<br />a breach of this License.
<br />
<br />(b) In the event that Licensee discovers a material error which substantially affects Licensee's
<br />use of the "Service" and notifies Licensor of the error, Licensor shall use reasonable measures to
<br />correct that part of the "Service" which does not so comply, provided that such non-compliance
<br />has not been caused by any modification, variation or addition to the "Service" not performed by
<br />Licensor, its agents or contractors, or caused by its incorrect use, abuse or corruption of the
<br />"Service" software, or by use of the "Service" with other software or on equipment with which it is
<br />incompatible.
<br />
<br />(c) Licensee is responsible for maintaining access to the Internet. Licensor in no way warrants
<br />Licensee's access to the Internet via Licensee's Internet Service Provider(s).
<br />
<br />13. Warranty Disclaimer: To the extent permitted by the applicable law, Licensor disclaims all other
<br />warranties with respect to the "Service", either express or implied, including but not limited to any
<br />implied warranties of merchantability or fitness for any particular purpose. In no event (even
<br />should circumstances cause any or all of the exclusive remedies to fail of itsltheir essential
<br />purpose and even if Licensor has been advised ofthe possibility of such damages) shall Licensor
<br />be liable for any special, indirect, incidental or consequential damages of any nature (regardless
<br />of whether such damages are alleged to arise in contract, tort or otherwise), including, but not
<br />limited to, loss of anticipated profits or other economic loss in connection with or ensuing from the
<br />existence, furnishing, function, or Licensee's use of any item of products or services provided for
<br />in this Agreement. Licensee understands that the cumulative liability of Licensor for any and all
<br />claims relating to the "Service" provided by Licensor, in contract, tort or otherwise, shall not
<br />exceed that total amount paid by Licensee for the most recently purchased block of Prepaid
<br />System Minutes.
<br />
<br />14. Indemnification: Licensee understands that Licensor does not restrict the use of the "Service"
<br />by Licensee and therefore Licensee agrees that Licensor shall not be responsible and/or liable for
<br />the content of the message( s) created by Licensee delivered by the" Service" on behalf of
<br />Licensee. To the extent permitted by law Licensee agrees to defend, indemnify and hold
<br />harmless Licensor and its affiliates, employees and agents, including but not limited to Licensor's
<br />exclusive sales agent, The Broadcast Team, Inc., from any and all liabilities, costs, and
<br />expenses, including reasonable attorneys' fees, arising from any violation of this agreement by
<br />Licensee or those who access the "Service" through Licensee's account, or the use of the
<br />"Service" or the placement or transmission of any message, information or other materials by
<br />Licensee or by those who have access to the "Service" through Licensee's account. Licensee
<br />shall be responsible for compliance with all applicable laws regarding outbound telemarketing,
<br />which may include, but are not limited to the Federal Telephone Consumer Protection Act of
<br />1991, The Telemarketing and Consumer Fraud and Abuse Prevention Act of 1999 and the rules
<br />and regulations promulgated thereunder, as well as State and Local telemarketing laws and
<br />requirements. Licensee shall, to the extent permitted by law, defend, indemnify and hold Licensor
<br />harmless from all lawsuits, demands, liabilities, damages, claims, losses, costs or expenses,
<br />including attorneys' fees (whether by salary, retainer or otherwise), arising out of or resulting
<br />from, in whole or in part, a violation of such laws. Licensee will be solely responsible and liable
<br />for any such violations. The provision of this Article shall survive termination of this Agreement.
<br />
<br />Emergency Communications Network, Inc
<br />CodeREOTM Services Agreement
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