1. Warranty and Disclaimer

ITCS products (“ITCS Products”) supplied by RF Controls, LLC (“RFC”) are covered by the following warranty provisions:

• 1.1 RFC provides a limited term and limited liability warranty (the “Warranty”) on ITCS Products sold to a customer (“the Customer”). RFC warrants that ITCS Products furnished will be free from substantial defects in material and workmanship under normal use and service for one (1) year from the original date of purchase. For defects covered by this Warranty, RFC will, at its sole option, repair the defect or replace the product, at no charge and return the product or a replacement.


• 1.2 The Warranty and remedies set forth herein are conditional upon (a) proper transportation, storage, installation, use and maintenance, and conformance with any applicable recommendations of RFC pertaining to ITCS Products, and (b) the Customer promptly notifying RFC in writing of any alleged defect(s) and, if required, promptly making the product available for inspection and correction.


• 1.3 If, following inspection by RFC of the ITCS Product claimed to be defective, it is determined that the defect has been caused by any of the following, then the warranty is void: misuse; neglect; improper installation; improper maintenance or repair; alteration; tampering; accident; malicious damage howsoever caused; unusual deterioration or degradation of the equipment or parts thereof due to the physical environment in which the ITCS Product has been stored or is in use; unusual electrical or electromagnetic noise; an act of terrorism; an act of God.

OTHER THAN AS SET FORTH HEREIN, RFC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF REASONABLE CARE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. Title and Rights to RFC Intellectual Property

All intellectual property rights in and to the ITCS Products and the software programs that are included in ITCS Products, including, without limitation, all patents, copyrights, trademarks and trade secrets, are expressly reserved to RFC.

3. No Infringement

RFC represents and warrants that, to the best of its knowledge, ITCS Products do not infringe any copyright, patent, trade secret, or other intellectual property rights of any third party.

• 3.1 Third Party Intellectual Property. In the event that it is alleged that any intellectual property owned by RFC, and contained within the ITCS Product, is or may be infringing the intellectual property of a third party, then the Customer will promptly notify RFC in writing of the alleged infringement. RFC may, within a reasonable time and at RFC’s option, either: (i) secure for the Customer, at RFC’s sole expense, the right to continue the use of such infringing item; (ii) replace such item, at RFC’s sole expense, with a substantially equivalent non-infringing item; or (iii) modify such item (without materially adversely affecting the functions or features of such item) so that it becomes non-infringing. If RFC, despite its diligent efforts, is unable to procure the right to continued use of the allegedly infringing item or to replace the allegedly infringing item as provided in the preceding sentence, the allegedly infringing item will be returned to RFC, and RFC will refund to the Customer the amount paid by the Customer for such item.

Under no circumstances will RFC be liable for any consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on claims by the Customer (including, but not limited to, claims for loss or data, goodwill, use of money or use of ITCS Products, interruption in use or availability of data, stoppage of other work or impairment or other assets), arising out of the use of the ITCS Products.

Version 1.0 September 2009