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Service. 4Sight's sole obligation to Customer, and
<br />Customer's exclusive remedy, for breach of this warranty is
<br />re -install the Licensed Services.
<br />7.2 Company acknowledges that 4Sight does not
<br />represent, warrant, or otherwise promise that Company's
<br />use of the Services is a substitute for Company's or its
<br />users' existing protocols and compliance procedures.
<br />7.3 Company acknowledges and agrees that (1)
<br />timely performance by 4Sight of its obligations under this
<br />MSA and any Ordering Document is subject to the timely
<br />provision of information and support by Company as
<br />outlined in this MSA; (ii) that the use of the Services
<br />pursuant to this MSA and Documentation are only a tool
<br />to facilitate the Company's provision of care and services
<br />to a Monitored Individual under its supervision and is only
<br />functional if the Company's users input information,
<br />appropriately maintain the Monitoring Package and apply
<br />the device in accordance with the training and
<br />Documentation; (iii) that the Services and license of the
<br />Licensed Software are only useful if such are used in strict
<br />accordance with the Documentation; (iv) that Company is
<br />solely responsible for all decisions, actions and omissions
<br />in any way related to Monitored Individual under its
<br />supervision, including but not limited to: proper
<br />assessment, monitoring, treatment and care; observation,
<br />qualification and actions of their respective employees,
<br />user or other persons; the acts and omissions of its
<br />employees, user or other persons; compliance with all
<br />applicable laws; any liability related to Individual under
<br />Company's supervision, including but not limited to
<br />visitors, employees, vendors, agents or other persons in
<br />the facilities of the Company; (v) Company represents and
<br />warrants that all persons given access to the Services shall
<br />be properly trained in the use and prohibited uses of the
<br />Services; and (vi) Company is liable for, and shall
<br />indemnify 4Sight, its officers, directors, employees and
<br />agents against breaches of this MSA, or of misuse or
<br />failure to use the Services, by Company's employees,
<br />officers, directors, vendors, contractors and agents, and
<br />that of its affiliates.
<br />7.4 Minimal Requirements. Company shall
<br />provide, configure, and maintain all hardware, software,
<br />and other minimum requirements set forth in the
<br />applicable Ordering Document, including a stable Internet
<br />connection, necessary to use the Services. Company shall
<br />maintain, at Company's sole expense, such equipment and
<br />software as 4Sight may reasonably require for 4Sight to
<br />remotely access the equipment.
<br />7.5 Third -Party Software. 4SIGHT MAKES NO WARRANTY
<br />WITH RESPECT TO ANY THIRD -PARTY SOFTWARE, AND
<br />WHATEVER WARRANTY MAY APPLY TO ANY THIRD -PARTY
<br />SOFTWARE PRODUCT, IF ANY, IS ONLY AS IS EXPRESSLY
<br />STATED BY THE THIRD -PARTY OWNER OR LICENSOR OF THE
<br />THIRD -PARTY SOFTWARE. 4SIGHT EXPRESSLY DISCLAIMS
<br />ALL WARRANTIES FOR THE THIRD -PARTY SOFTWARE,
<br />WHETHER EXPRESSED OR IMPLIED, INCLUDING THE
<br />WARRANTIES OF MERCHANTABILITY, NON -INFRINGEMENT
<br />AND FITNESS FOR A PARTICULAR PURPOSE.
<br />7.6 Exclusions. 4Sight's warranty obligations and other
<br />obligations under this MSA with respect to the Services are
<br />expressly conditioned upon Customer's proper use of the
<br />Services and do not include: (i) Problems that result from
<br />(a) accident, negligence, neglect, abuse, misuse, computer
<br />viruses or use otherthan ordinary use or use in violation of
<br />an applicable license; (b) abnormal electrical power, air
<br />conditioning, or humidity controls that cause a computer
<br />failure; (c) modifications, repairs or attempted
<br />maintenance made to the Services by anyone otherthan a
<br />representative of 4Sight or its authorized agents and (d)
<br />damage during shipment; (ii) Problems relating to or
<br />caused by any hardware, network, software or hardware
<br />that was not supplied by 4Sight or hardware or software
<br />that does not meet the Minimum Requirements; (III)
<br />Problems relating to or caused by changes in, or
<br />modifications to, the operating characteristics of any
<br />computer hardware or operating system for which the
<br />Services is procured; or (iv) hardware with altered,
<br />modified or removed serial numbers.
<br />Section 8. DISCLAIMER OF WARRANTIES.
<br />8.1 EXCEPT AS EXPRESSLY PROVIDED HEREIN, 4SIG HT
<br />PROVIDES ALL SERVICES, SOFTWARE, PLATFORM AND
<br />PRODUCTS "AS IS" WITH NO WARRANTY OF ANY KIND.
<br />4SIGHT MAKES NO WARRANTIES OF ANY KIND, WHETHER
<br />EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND
<br />4SIGHT SPECIFICALLY DISCLAIMS ALL IMPLIED
<br />WARRANTIES, INCLUDING ANY WARRANTIES OF
<br />MERCHANTABILITY OR FITNESS FOR A PARTICULAR
<br />PURPOSE, AND ANY WARRANTIES ARISING FROM A
<br />COURSE OF PERFORMANCE OR TRADE USAGE, TO THE
<br />MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO
<br />ORAL OR WRITTEN INFORMATION OR COMMUNICATIONS
<br />GIVEN BY 4SIGHT, ITS EMPLOYEES, OR AGENTS WILL
<br />INCREASE THE SCOPE OF THE ABOVE WARRANTY OR
<br />CREATE ANY NEW OR ADDITIONAL WARRANTIES.
<br />COMPANY WILL NOT HAVE THE RIGHT TO MAKE OR PASS
<br />ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF
<br />4SIGHT TO ANY THIRD PARTY. To the extent that 4Sight
<br />may not, as a matter of applicable law, disclaim an implied
<br />warranty, the scope and duration of such warranty will be
<br />limited to the minimum permitted undersuch law.
<br />Section 9. INSURANCE. Each Party shall carry
<br />commercial general liability and automobile liability
<br />insurance and, if applicable, worker's compensation
<br />insurance as required by law, together with employer's
<br />liability insurance coverage and professional errors and
<br />omissions liability Insurance coverage. All policies shall be
<br />written by reputable insurance companies with a best's
<br />policyholder rating of not less than A VII. Such insurance
<br />shall not be cancelled or materially reduced during the
<br />6735516v.4
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