Alcohol Monitoring Systems, Inc. 11/15/2022

Master Agency Agreement 20220301 and sold by AMS, any service or repair commitment for that Part shall be solely as described in the relevant Schedule for that Part. Products returned to AMS under warranty must be returned within thirty (30) days of issuance of the RMA. Agency must return damaged or defective Products to AMS using the label or freight carrier information provided by AMS to Agency at the time of RMA issuance. 7.2 Maintenance and Repair Policy Exclusions. The above policy does not cover Equipment that is obtained from sources outside of AMS or is defective due to (i) improper use or installation, damage, accident, abuse or alteration; (ii) failure to comply with the operating and maintenance instructions set forth in the documentation for the specific Equipment; (iii) servicing of the Equipment by anyone not authorized by AMS; (iv) failure of Agency to obtain reasonable and necessary maintenance of the Equipment as contemplated under the Agreement; (v) use o f Parts in the repair of the Equipment that have not been approved in writing by AMS for use in the Equipment; or (vi) use in connection with a third party product other than that as approved in writing by AMS. 7.3 Sole Remedy. In the event of a breach of the above Maintenance and Repair policy, Agency’s sole remedy shall be, at AMS’ option, the repair or replacement of the defective Equipment or Part by AMS. 7.4 Product Changes; Retrofit Activities. AMS shall have the right at any time (i) to change the design or specifications of any Equipment without notice and without obligation to make the same or any similar change on any Equipment previously purchased by Agency; and (ii) to retrofit or replace (during routine maintenan ce or otherwise) any Equipment to incorporate any upgrades or updates then available. However, nothing herein shall obligate AMS to provide Agency with all new models of Equipment at no additional cost, and AMS may charge a fee for Equipment model upgrades in certain circumstances including, but not limited to, a new line of products or a change in underlying technology or technological advancements requiring significant changes to an existing Equipment model. Regarding the foregoing, in any case where AMS charges a fee for an Equipment model upgrade, it will provide no less than six (6) months’ notice to Agency prior to discontinuing the sale or rental of the discontinued Equipment model. In addition, AMS will continue to repair the Equipment for the shorter of three years or date of termination of third-party technology services integral to the performance and functionality of the discontinued Equipment. 8 CONFIDENTIAL INFORMATION 8.1 Confidential Information. In connection with this Agreement a party (”Discloser”) may furnish to the other party (”Recipient”) software, user and training manuals, data, Client information, designs, drawings, tracings, plans, layouts, specifications, samples, equipment and other information provided by or on behalf of Discloser to Recipient that are clearly marked “Confidential” (such marked items, “Confidential Information”). Confidential Information specifically includes all information accessed by Agency via the Monitoring Software that is not subject to disclosure under the Washington public records act. Confidential Information may be disclosed in written or other tangible form (including digital or other electronic media). Notwithstanding the foregoing, the parties each agree that the following are never Confidential Information and will be posted on Agency’s public website, regardless of the whether marked Confidential or not: this Agreement including all its amendments, exhibits, schedules, and purchase orders. 8.2 Nondisclosure. It is agreed that, after receipt of Confidential Information of the other party, Recipient shall: (i) restrict the dissemination of such Confidential Information to those employees who need to use the Confidential Information in the performance of this Agreement, and (ii) to use no less than a reasonable standard of care in safeguarding against unauthorized disclosure of such Confidential Information. 8.3 Exceptions from Confidential Information. Confidential Information shall not include information that: (i) is or becomes part of the public domain without violation of this Agreement by Recipient, (ii) is already in Recipient's possession free of any restriction on use or disclosure, (iii) becomes available to Recipient from a thir d party provided that such party was free from restriction on disclosure of the information, (iv) has been independently developed by Recipient, or (v) is subject to disclosure under the Washington public records act . 8.4 Required Disclosures. If Recipient is required by legal proceeding discovery request, “open records” or equivalent request, investigative demand, subpoena, court or government order to disclose Confidential Information, Recipient may disclose such Confidential Information provided that: (i) the disclosure is in accordance with applicable law; and (ii) prior to any disclosure, Recipient notifies Discloser in writing so that Discloser may seek an injunction against the disclosure. If a copy of such injunction is no t delivered to Recipient within 20 days after