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3. Limited Warranty and Disclaimers <br />3.1 Limited Warranty. The LiDAR products provided by the District are made available <br />to User subject to the following limitations and restrictions: <br />(a) User is responsible for the installation and use of the LiDAR products and the results <br />or consequences obtained from User's installation or use of the LiDAR products. <br />(b) The District does not warrant that the LiDAR products are error free, and disclaims <br />any other warranties, express or implied, respecting this License Agreement or the <br />LiDAR products. <br />(c) THE LiDAR PRODUCTS, AND ASSOCIATED MANUALS, REFERENCE <br />MATERIALS AND TECHNICAL DOCUMENTATION (IF ANY), ARE <br />PROVIDED "AS IS" WITHOUT ANY SUPPORT WHATSOEVER AND <br />WITHOUT WARRANTY AS TO THEIR PERFORMANCE, <br />MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. <br />TILE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE <br />LiDAR PRODUCTS IS ASSUMED BY USER. <br />(d) THE DISTRICT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, <br />INCIDENTAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, <br />LOSS OF PROFIT, O [HER FINANICAL LOSS, LOSS OF DATA, OR ANY <br />OTRER DAMAGE OF ANY KIND ARISING OUT OF USER'S USE OR <br />ATTEMPTED USE OF THE LiDAR PRODUCTS, OR ANY THIRD PARTY <br />CLAIMS THAT MAY RESULT FROM THE USE OF THE LiDAR <br />PRODUCTS, EVEN IF THE DISTRICT HAS BEEN ADVISED OF I'ELE <br />POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. <br />3.2 Sole Remedies. User's sole and exclusive remedies for breach of these limited <br />warranties shall be as follows: (a) User may return the LiDAR products to the District, <br />which, at its discretion, may replace or repair the LiDAR products and return the LiDAR <br />products to User; or (b) User may terminate this License Agreement in accordance with <br />section 2, above. <br />3.3 Indemnification. User shall hold harmless, defend and indemnify the District, its <br />officers, board members, employees and agents from any and all actions, costs, damages <br />and liabilities of any nature related to User's use of the LiDAR products, to the extent <br />permitted by law. Nothing in this License Agreement shall be construed to waive any <br />immunity, defense or limit on liability applicable to the District or User or otherwise to <br />create a right in any third party. <br />4 <br />• <br />• <br />• <br />