LIMITATIONS OF TECHNOLOGY
Buyer has read, understands, and acknowledges the following inherent technical limitations relating to the use of the Goods:
(a) Wireless Network Coverage and Service.
Complete coverage of the service area at all times is improbable. The existence of adverse conditions, such as short-term unpredictable meteorological effects and sky wave interference from distant stations, can interrupt the services at times. Certain circumstances such as weather, tunnels, underground structures, terrain, high-rise buildings, enclosed or underground parking or driving areas, faulty installation, motor ignition and other electrical noises and radio signals from external sources may interfere with the services. Wireless networks with broad coverage areas to access moving vehicles and assets; and, there are still areas within the service area that have not yet been included in the wireless coverage areas. Therefore, if a vehicle travels out of the available service area, communication with that vehicle is unavailable until it returns to the available service area. Also, from time to time, poor coverage areas (“holes”) occur even in fully developed areas, thereby limiting system performance.
(b) Global Positioning System (“GPS”) Drift and Urban Canyon.
GPS is a satellite based positioning system providing expansive coverage throughout the world. The GPS antenna must have a direct line of sight to the satellites. If said path is impaired (e.g. underground parking lots or the shadow of tall buildings), it can affect the ability of the services to recognize an accurate location.
(c) Tampering with the Goods.
If the Goods are tampered with, disconnected, or the Goods are completely removed, the functionality of the Goods will be jeopardized.
The Goods, have many complex elements and are not guaranteed against eavesdroppers, hackers, denial of service attacks, viruses or interceptors. Buyer will inform any users of the Goods, that DataRemote will not be liable for any lack of privacy or security resulting from use of DataRemote Goods. In addition, to the extent Buyer have a privacy right in the location, characteristics, performance, or operation of a vehicle equipped with the Goods, Buyer agree to voluntarily waive such right. (e) Availability of Cellular Technology/Mapping. Usage of Goods is based on cellular technology which may become obsolete in the future as a result of changes in wireless technology or actions by telecom regulators with respect to cellular technology in mapping applications.