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• <br /> ♦ if <br /> GENERAL TERMS AND CONDITIONS <br /> IONS <br /> In connection with the use of the online application and related systems ("Miovision Platform") and <br /> the provision of any related support("Support") by Miovision Technologies, Inc. ("Miovision") or the <br /> purchase or rental of any hardware ("Hardware") to be used in connection with the Miovision <br /> Platform, you and/or your organization (the "Customer") hereby agree to the following terms, <br /> conditions, notices and applicable attachments contained herein (the"Agreement"): <br /> BY ACCEPTING THIS AGREEMENT, EITHER BY: A) CLICKING AN ON-LINE BOX INDICATING <br /> YOUR ACCEPTANCE, B) SIGNING A SALES ORDER FORM WHICH REFERENCES THIS <br /> AGREEMENT (OR AN ATTACHMENT TO THIS AGREEMENT), OR C) USING, INSTALLING, OR <br /> ACTIVATING THE MIOVISION PLATFORM OR HARDWARE AFTER BEING MADE AWARE OF <br /> THESE GENERAL TERMS AND CONDITIONS, YOU AGREE TO THE TERMS, CONDITIONS AND <br /> NOTICES CONTAINED HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF <br /> OF A COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT THAT YOU HAVE THE <br /> AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT. YOU MAY <br /> NOT ENTER INTO THIS AGREEMENT AND/OR ACCESS THE ONLINE DATA PLATFORM IF <br /> YOU ARE A COMPETITOR OF MIOVISION OR ANY OF ITS AFFILIATES. <br /> 1. DEFINITIONS. For the purpose of this Agreement, unless the context otherwise requires, the <br /> following words shall have the respective meanings set out below and grammatical variations <br /> of such words shall have corresponding meanings: <br /> a. "Agents" includes but is not limited to Miovision's suppliers, affiliates, subsidiaries, <br /> directors, officers, shareholders, employees, and agents. <br /> b. "Agreement" means the terms, conditions and notices contained herein and, where <br /> applicable, Attachment A— Miovision Platform, Attachment B — Hardware Purchase, <br /> and/or Attachment C—Hardware Rental. <br /> c. "Attachment" means either_Attachment A — Miovision Platform, Attachment B — <br /> Hardware Purchase, or Attachment C—Hardware Rental. <br /> d. "Business Day" means Monday, Tuesday, Wednesday, Thursday, or Friday, except <br /> for those days which fall on a U.S. statutory holiday. <br /> e. "Claim" includes but is not limited to all losses, liabilities, damages, claims, taxes, <br /> and all related costs and expenses incurred by a Party hereto only as the direct result <br /> of third party claims against such Party, including, without limitation, reasonable <br /> attorney's fees and costs of investigation, litigation, settlement, judgment, interest <br /> and penalties. <br /> f. "Client" means a third-party client of the Customer. <br /> g. "Estimated Ship Date" means the estimated date that the Hardware will ship to the <br /> Customer. <br /> • <br /> 73 <br />