User's Manual

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Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; US8,446,277; US8,552,882;
US8,710,979; US8,810,390; US8,847,780; US9,081,046; US9,153,118; AU2005289704; AU2008316786;
AU2009228472; AU2010241545; AU2013315672; ZA2007/02919; ZA2008/02673; ZA2010/06816,
ZA2010/09068; ZA2011/07178 Patent Pending
prior or contemporaneous agreements, representations, warranties and understandings with
respect to the System, and the subject matter of this Agreement.
(B) Definitions. In this Agreement, “You” and “Your” refer to You as the user of the System. “FEP”
“we,” “us” and “our” refer to Frederick Energy Products, LLC and our successors, partners, affiliates,
subsidiaries and assigns. “System” refers to the Hit-Not
®
System purchased by You. “Terms” refers,
collectively, to these Warranty Terms and Conditions.
LIMITED WARRANTIES; DISCLAIMER.
(A) Limited Warranty. FEP hereby warrants against: (1) defects in the System, either in
workmanship or material, and (2) the failure of the System to conform to FEP’s written specifications,
for a period of one (1) year after date of delivery to You, in each case; provided that such System has
been under proper and normal use at all times during such period. All warranty claims under these
Terms must be submitted through the Dealer from which you purchased the System. FEP’s liability is
restricted to the replacement or repair of the defective or nonconforming parts alone and does not
include any installation, labor, or expense involved, or other contingent liability. Liability for any
components manufactured by third parties but incorporated into FEP Products to be furnished by FEP,
shall be limited to the guarantee or liability to FEP of the manufacturer or supplier of such components.
FEP is not liable for damages resulting from the use or misuse of the FEP Products.
(B) Disclaimers. EXCEPT AS EXPRESSLY SET FORTH ABOVE: (1) NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, PROVIDED BY OR THROUGH FEP, ANY DEALER OR DISTRIBUTOR, OR
ANY THIRD PARTY SHALL IMPLY THE CREATION OF ANY REPRESENTATION OR WARRANTY OF ANY
KIND WHATSOEVER BY FEP; (2) THE SYSTEM IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF
ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (3) FEP DOES NOT
REPRESENT OR WARRANT THAT THE SYSTEM WILL BE FUNCTIONAL OR DEFECT-FREE, OR THAT
DEFECTS WILL BE CORRECTED; AND (4) FEP HEREBY DISCLAIMS ANY AND ALL LIABILITY OR
RESPONSIBILITY FOR THE IMPROPER USE OF THE SYSTEM OR FOR THE INCORRECT OR IMPROPER
INSTALLATION OF THE SYSTEM. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. UNDER
NO CIRCUMSTANCES WILL FEP BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE
SYSTEM. USE OF THE SYSTEM IS AT YOUR SOLE RISK.
INDEMNIFICATION; RELEASE; LIMITATION OF LIABILITY.
(A) Indemnification. You agree to indemnify and hold FEP, any and all parent, subsidiary, and affiliate
organizations, and their respective officers, directors, agents, shareholders, members, managers,
advisors, consultants, employees, successors and assigns (collectively, the “Protected Parties”) harmless
from and against all losses, costs, liabilities, expenses (including reasonable attorneys’ fees and
expenses), claims, demands, and damages, actual and consequential, of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Losses”), that are in
any way due to or arising out of Your use of the System, unless caused by the gross negligence or willful
misconduct of FEP. FEP reserves the right, at Your expense, to assume the exclusive defense and control
of any matter for which You are required to indemnify any of the Protected Parties, and You agree to