B&B Electronics RT3G-320RAC-W - Quick Start Guide - Manual (Page 3)

RACO WiRElESS TERmS AnD COnDiTiOnS
The Services. RACO will provide to Subscriber wireless radio and other related services
accessible through the underlying service carriers listed on the List of Applicable Service Carrier(s)
attached as further described herein and the exhibits attached hereto (the “Services”). The Services
shall be provided by RACO to Subscriber through wireless receiving and transmitting equipment,
SIM (Subscriber Identity Module) cards and any accessories (each a “Device”) that RACO has
authorized to be programmed or associated with a wireless telephone number. The combination
of a SIM card number and a wireless telephone number shall constitute one unique identifier (an
“Identifier”); and Subscriber shall purchase from RACO a specified number of Identifiers pursuant
to pricing and other terms pursuant to a Rate Plan (defined below) selected by Subscriber In
accordance with this Agreement. From time to time, Subscriber may purchase additional amounts
of Identifiers under this Agreement pursuant to the same Rate Plan or other Rate Plans that RACO
may make available to Subscriber in its sole discretion. For clarity, each Identifier purchased by
Subscriber here under may receive a substitute SIM number or wireless telephone number at any
time; provided, however, that in any such case it shall maintain its original unique identity and the
applicable Rate Plan will remain unchanged for such Identifier.
Third-Party Usage of Services. Subscriber shall be permitted to utilize the Services as one
component of a broader product or service offering Subscriber provides to its customers, subject
to Subscriber’s compliance with all laws and with the terms and conditions contained herein. In no
event shall Subscriber offer to its customers the Services as a separate service distinct from that
of a broader product or service offering, nor shall Subscriber present the Services as a separate
or individual component in its billing statements or other written materials provided to Subscriber’s
customers. Subscriber represents to RACO that its usage of the Services complies in all respect
with all applicable laws, and acknowledges that RACO shall have no liability to Subscriber or to any
third party for any violation of law arising out of this Agreement relating to Subscriber’s use of the
Services.
Rate Plans and Add-On Features. The price, features and options of the Services available for
each Identifier, or group thereof, shall be at no charge for the Term of this Agreement.
Term and Termination. The term of this Agreement (the “Initial Term”) begins on the Effective
Date and shall continue for a period of days.
Pricing Impractical; Force Majeure. In the event that, for any reason outside of RACO’s
control which could include but is not limited to regulatory changes or government mandates,
RACO’s access to pricing for the Rate Plans and Services that allow RACO to provide the Rate
Plans becomes unavailable or impractical, RACO shall provide notice to Subscriber of such change
or circumstance (the “Pricing Notice”). The Pricing Notice shall contain the new charges for Rate
Plans, Services and other items associated there to and the date on which such new pricing will be
implemented, which will not be less than 30 days from the date of the Pricing Notice. Upon receipt
of the Pricing Notice, Subscriber shall have 30 days to terminate this Agreement and/or cancel any
Service, without penalty, it being acknowledged that such remedy is the sole and exclusive remedy
for Subscriber for the occurrence of a condition hereunder.
Miscellaneous.
(i) Subscriber has no contractual relationship with, T-Mobile, the underlying wireless service
carrier and Subscriber is not a third party beneficiary of any agreement between RACO and
T-Mobile or any underlying wireless service carrier. Subscriber understands and agrees
that T-Mobile shall have no legal, equitable, or other liability of any kind to Subscriber
pursuant to this Agreement. In any event, regardless of the form of the action, whether
for breach of contract, warranty, negligence, strict liability in tort or otherwise, Subscribers’
exclusive remedy for claims arising in any way in connection with this Agreement, for any
cause whatsoever, including but not limited to any failure or disruption of Services provided
hereunder, is limited to payment of damages in any amount not to exceed the amount paid
by Subscriber for the Services during the two (2) month period preceding the date the claim
arose.
(ii) Subject to FCC Number portability rules, Subscriber has no property right in any number
assigned to it by RACO and Subscriber understands that any such number can be changed
from time to time.
(iii) Subscriber acknowledges and agrees that the Services may be temporarily refused,
interrupted, curtailed or limited because of atmospheric, terrain, other natural or artificial
conditions and may be temporarily interrupted or curtailed due to usage concentrations,
modifications, upgrades, relocation and repairs of transmission systems. Subscriber agrees
that neither RACO nor T-Mobile shall be responsible for such interruptions of Services or
the inability to use the Services outside the coverage area of the underlying wireless service
carrier, as the case may be. Subscriber understands that RACO and T-Mobile cannot
guarantee the security of wireless transmissions and will not be liable for any lack of security
relating to the use of the Services.
(iv) Subscriber expressly understands and agrees that the liability and obligations of RACO
to Subscriber under this Agreement are strictly controlled and limited by T-Mobile’s tariff, if
any, and the laws, rules and regulations of the Federal Communications Commission and
other governmental authorities which from time to time have jurisdiction. In any event,
regardless of the form of action, whether for breach of contract, warranty, negligence,
strict liability in tort or otherwise, Subscriber’s exclusive remedy and the total liability of
RACO and/or any supplier of services to RACO arising in any way in connection with this
Agreement, for any cause whatsoever, including but not limited to any failure or disruption
of service provided, shall be limited to payment by RACO of damages in an amount
equal to the amount paid by Subscriber for the Services during the two (2)-month period
immediately preceding the date the claim arose. In no event shall RACO, T-Mobile and/or
any underlying wireless service carrier be liable of or any cost, delay, failure or disruption
of Services. In no event shall RACO, T-Mobile and/or any underlying wireless service
carrier be liable for any lost profits (director indirect), or any incidental, special, punitive,
consequential damages or similar damages.