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THE PRICE OF THE SYSTEM IS UNRELATED TO THE VALUE OF PROPERTY LOCATED ON OR NEAR THE PREMISES AT WHICH THE
SYSTEM IS LOCATED. NO PORTION OF THE PURCHASE PRICE IS FOR INSURANCE OR SHALL BE DEEMED OR CONSIDERED INSURANCE
PREMIUMS. YOU ACKNOWLEDGE AND AGREE THAT SIMPLISAFE IS NOT AN INSURER AND SHALL NOT PROVIDE INSURANCE
COVERAGE AGAINST ANY LOSSES, AS DEFINED ABOVE. TO THE EXTENT YOU WISH TO HAVE ANY INSURANCE COVERAGE FOR
LOSSES, AS DEFINED ABOVE, IT IS YOUR RESPONSIBILITY TO PROCURE AND MAINTAIN SEPARATE INSURANCE POLICIES FROM AN
INSURANCE COMPANY OR COMPANIES, SOLELY AT YOUR COST AND EXPENSE, FOR COVERAGE AGAINST ALL LOSSES, AS DEFINED
ABOVE, INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART
BY (I) THESE TERMS OF SALE, INCLUDING ANY BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION ARISING
HEREUNDER (II) THE SYSTEM, (III) THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE, (IV)
THE IMPROPER OPERATION OR NON-OPERATION OF THE SYSTEM, (V) BREACH OF CONTRACT, EXPRESS OR IMPLIED, WHICH OCCURS
BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT (VI) BREACH OF WARRANTY, EXPRESS OR IMPLIED, (VII) PRODUCT OR STRICT
LIABILITY (VIII) LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL
TO OR RECEIVE SIGNALS AT ANY MONITORING FACILITY, (X) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR
(XI) A VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON
THE PART OF ANY SIMPLISAFE PARTY, AS DEFINED ABOVE (COLLECTIVELY, THE “COVERED CLAIMS”). RECOVERY FOR ANY LOSS, AS
DEFINED ABOVE, SHALL BE LIMITED TO THE INSURANCE YOU PURCHASE SEPARATELY FROM AN INSURANCE COMPANY, IF ANY.
LIMITATIONS OF LIABILITY AND RELEASE
SimpliSafe does not accept liability for Systems purchased hereunder beyond the remedies set forth herein and in SimpliSafe’s
Limited Warranty . In particular, as described in SimpliSafe’s Limited Warranty, SimpliSafe does not represent that the System may
not be compromised or circumvented; that the System will prevent any personal injury or property loss; or that the System will in all
cases provide adequate warning or protection. You understand that the System may be interrupted, circumvented, unavailable (for
a limited or extended time period) or otherwise compromised, including as a result of equipment designed or used by a third party
for the purpose of causing false alarms or gaining unauthorized access to or otherwise aecting or controlling the System (including
any Camera). You understand that a properly installed and maintained alarm may only reduce the risk of a burglary, robbery or other
events occurring without providing an alarm, but it is not an insurance or a guarantee that such will not occur or that there will be no
personal injury or property loss as a result.
BY AGREEING TO THESE TERMS, YOU ARE RELEASING EACH SIMPLISAFE PARTY, AS DEFINED ABOVE, ON YOUR BEHALF AND ON
BEHALF OF ALL OTHERS WHO MAKE CLAIMS UNDER THE TERMS OF SALE FROM ALL LOSSES, AS DEFINED ABOVE, ARISING OUT
OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE. UNDER NO
CIRCUMSTANCES WILL ANY SIMPLISAFE PARTY, AS DEFINED ABOVE, BE RESPONSIBLE OR LIABLE TO YOU FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGES TO PROPERTY.
NOTWITHSTANDING THE FOREGOING, EVEN IF A SIMPLISAFE PARTY, AS DEFINED ABOVE, IS FOUND LIABLE FOR ANY LOSSES, AS
DEFINED ABOVE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM,
AS DEFINED ABOVE, ANY SUCH LIABILITY IN THE AGGREGATE OF ALL SIMPLISAFE PARTIES, AS DEFINED ABOVE, SHALL BE LIMITED
TO THE PURCHASE PRICE OF THE SYSTEM, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST ALL SIMPLISAFE
PARTIES, AS DEFINED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Release of Insured Losses; Waiver of Subrogation
You release all SimpliSafe Parties for all Losses covered by your insurance policies and for all insurance deductibles. You also waive
and release any subrogation and other rights you or your insurance company may have against any SimpliSafe Party for money paid
to you or on your behalf.
INDEMNIFICATION
IF ANYONE OTHER THAN YOU (INCLUDING YOUR INSURANCE COMPANY) ASKS ANY SIMPLISAFE PARTY, AS DEFINED ABOVE, TO PAY
FOR ANY LOSSES, AS DEFINED ABOVE, INCLUDING ATTORNEYS’ FEES ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED
IN WHOLE OR IN PART BY ANY COVERED CLAIM, AS DEFINED ABOVE, YOU SHALL INDEMNIFY, DEFEND AND HOLD EACH SIMPLISAFE
PARTY, AS DEFINED ABOVE, HARMLESS (WITHOUT ANY CONDITION THAT ANY OF THEM FIRST PAY), FOR ALL LOSSES, AS DEFINED
ABOVE, INCLUDING ATTORNEYS’ FEES, ASSERTED AGAINST OR INCURRED BY SUCH PARTIES. THE DUTY TO DEFEND ARISES UPON
THE ASSERTION OF A CLAIM OR DEMAND AGAINST SIMPLISAFE AND DOES SO REGARDLESS OF WHETHER SIMPLISAFE HAS BEEN
FOUND LIABLE OR WHETHER SIMPLISAFE HAS INCURRED ANY EXPENSE. THE FOREGOING INDEMNIFICATION OBLIGATIONS MAY NOT
BE ENFORCEABLE IN SOME STATES, SO SUCH OBLIGATIONS MAY NOT APPLY TO YOU.
Software
Software embedded within any SimpliSafe System is licensed to you under this section on a non-exclusive and limited basis, and not
sold. You may use such software only in connection with the product in which it is embedded, and may not modify, distribute, copy or
reverse engineer such software. Such software may contain or be provided together with open source software. Each item of open
source software is subject to its own applicable license terms, which can be found at https://simplisafe.com/open-source-disclosures
and/or in the software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are
held by the respective copyright holders indicated therein. All rights with respect to such software not licensed to you hereunder are
fully reserved by SimpliSafe and/or its licensors.
Camera
If the System includes any camera or any other video-related equipment (collectively, the “Camera”), then with respect to the Camera,
you acknowledge, understand and agree that (i) the Camera is intended to assist you, SimpliSafe and the monitoring facility in the
verification of alarm events at your premises, not to reduce or eliminate any risk of loss, (ii) the Camera is not intended to detect or
prevent unauthorized intrusion onto the premises or any other emergency condition, including fire, smoke, carbon monoxide, medical
emergencies or water damage, (iii) you will use the Camera solely in connection with lawful recording practices on or near your
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