Frederick Energy HN-MFG-XL-C Magnetic Field XL Generator with Collision Avoidance Module User Manual
Frederick Energy Products LLC Magnetic Field XL Generator with Collision Avoidance Module Users Manual
Users Manual
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986;
US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068 Patent Pending
Magnetic Field XL Generator
Including Collision Avoidance Module
User’s Manual v1.0
FREDERICK ENERGY PRODUCTS, LLC
1769 Jeff Road
Huntsville, AL 35806
1.800.489.6915
HIT-NOT Proimit Sstem
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986;
US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068 Patent Pending
Table of Contents
1. Oeie………………………………………………………………………………………………………….. 2-5
1.1 Theo of Opeatio……………………………………………………………………………… 2
1.2 Opeatig Feue….………………………………………………………………………… 2
1.3 Lael Ifoatio…………………………………………………………………………………. 2-3
1.4 FCC/IC Ifoatio……………………………………………………………………….….….. 4-5
2. Opeatio…………………………………………………………………………………………………………. 5-8
2.1 Istallatio Ifoatio………………………………………………………………………… 5
2.1.1 Interoperability Waig………………………………………………………………... 5
2.2 Chagig……………………………………………………………………………………………….. 5
2.3 Alets……………………………………………………………………………………………………. 5
2.4 Maiteae………………………………………………………………………………………… 6
2.5 Adjustets………………………………………………………………………………………….
2.6 Itefeees………………………………………………………………………………………… 6
2.7 XL Generator Specifiatios……………………………………………………….…………. 6-7
2.8 Istallatio Guide…………………………………………………………………………………. 7-8
2.9 Safety Consideatio…………………..……………………………………………………….. 8
3. Waat…………………………………………………………………………………………………………. 8-11
4. Reisio Histo…………………………………………………………………………………………..….. 12
1
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986;
US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068 Patent Pending
1 Overview
The Magnetic Field XL Generator with Collision Avoidance Module (CAM) is part of a complete
HIT-NOT Proximity Detection system from Frederick Energy Products which provides audible
and visual warnings to both individuals and vehicle operators to alert them that an individual or
vehicle has entered too close to an operating piece of equipment and is in a dangerous
situation. The Magnetic Field XL Generator with CAM attaches directly to a vehicle or piece of
machinery. The Collision Avoidance Module provides warnings to powered equipment when it
is at risk of collision with another truck. The operation of the CAM is similar for pedestrian, but
a different LED/Sounder pattern is used to denote a truck only at the outer marker of the
magnetic field zone (Warning Zone). Two alert zones for the pedestrian are also used: Warning
and Danger. The HIT-NOT® Collision Avoidance Module is an optional add-on module, which is
not standard on the basic system.
1.1 Theory of Operation
The functions of the Magnetic Field XL Generator with CAM are:
To generate a 73 kHz field around a vehicle or piece of machinery to act as a protection
zone for collision avoidance with equipment and for proximity detection for the
protection of individuals.
To receive a 916.48 MHz RF signal from a Personal Alarm Device (PAD) and/or a Collision
Avoidance Module (CAM).
To receive a 73kHz signal from another Magnetic Field Generator.
To transmit a 916.48 MHz signal from the CAM to a Magnetic Field XL Generator.
The Magnetic Field XL Generator with CAM (Vehicle 1) has an internal 73 kHz generator and an
inductor that creates a field to serve as a cautionary zone around the vehicle or machine. It
also contains a Collision Avoidance Module (CAM) with a 916.48 MHz transmitter to notify the
Generator from another vehicle (Vehicle 2) of its proximity. The Vehicle 1 is in close proximity
of Vehicle 2, the CAM (Vehicle 1) will detect the 73 kHz magnetic field from the Generator
(Vehicle 2) and analyze its field strength. If the 73 kHz field strength received by the CAM
(Vehicle 1) is above a certain threshold, indicating the distance between Vehicle 2 and Vehicle 1
is close enough to signify a Warning condition, then the CAM will reply to the Magnetic Field XL
Generator in Vehicle 2 with an 916.48 MHz transmission. The Magnetic Field XL Generator has
its 916.48 MHz eeie o he it is tasittig the kHz field ad is listeig to eeie
any 916.48 MHz transmissions from a Personal Alarm Device (PAD) or Generator equipped with
a CAM to indicate the individual or vehicle is too close to the vehicle and warrants a Warning or
Danger condition. If the Magnetic Field XL Generator with CAM receives indication that a
Warning or Danger condition exists, it will turn on the appropriate LED indicator and connected
Warning Module (sounder for the Magnetic Field XL Generator).
2
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986;
US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068 Patent Pending
1.2 Operating Frequency
The Magnetic Field XL Generator with CAM will transmit on a frequency of 73 kHz and receive
on a frequency of 916.48 MHz. The Collision Avoidance Module will transmit on a frequency of
916.48 MHz and receive on a frequency of 73 kHz. The CAM is programmed not to recognize the 73 kHz
from its own Generator.
1.3 Label Information
The Magnetic Field XL Generator with CAM label is located on the side of the housing.
Information includes the Serial Number, Model Number, Power In, FCC/IC Identification, CAM
Installation, PWM adjustet loatio, ad References to this manual.
FCC and IC Label for Proximity Module
The HIT-NOT label defines the model and serial number of the Magnetic Field XL Generator
with CAM.
1.4 FCC/IC Information
The FCC ID for the Magnetic Field XL Generator with CAM is QUI-HN-MFG-XL-C and complies
with Part 15 of the FCC Rules. The IC ID for the Magnetic Field XL Generator with CAM is
11625A-HNMFGXLWCA. Operation is subject to the following conditions:
1. This device may not cause harmful interference.
2. This device must accept any interference received including interference that may cause
undesired operation.
www.hitnot.com
3
FCC ID: QUI-HN-MFG-XL-C IC: 11625A-HNMFGXLWCA
Frederick Energy Products, LLC Model: HN-MFG-XL -C
This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device
may not cause harmful interference, and (2) this device must accept any interference received, including interference that
may cause undesired operation.
US7,420,471; US8,169,335; US8,232,888; US5,939,986; US6,810,353; AU2005289704;
ZA2007/02919; ZA2008/02673; ZA2010/06816, ZA2010/09068 Patent Pending
www.hitnot.com
HN-CAM
Installed
XL00
MAGNETIC FIELD XL GENERATOR
Model No: HN-MFG-XL-C
Serial No: XL00032
PWM
Refer to User’s Manual
Power In: 12/24Vdc 3A
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986;
US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068 Patent Pending
Any intentional or unintentional changes or modifications to the configuration of the Magnetic
Field XL Generator not expressly approved by Frederick Energy Products LLC could void the
use’s authoit to opeate the euipet.
This equipment has been tested and found to comply with the limits for a Class B digital device,
pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable
protection against harmful interference in a residential installation. This equipment generates
uses and can radiate radio frequency energy and, if not installed and used in accordance with
the instructions, may cause harmful interference to radio communications. However, there is
not guarantee that interference will not occur in a particular installation. If this equipment
does cause harmful interference to radio or television reception, which can be determined by
turning the equipment off and on, the user is encouraged to try to correct the interference by
one or more of the following measures:
--Reorient or relocate the receiving antenna.
--Increase the separation between the equipment and receiver.
--Connect the equipment into an outlet on a circuit different from that to which the receiver is
connected.
--Consult the dealer or an experienced radio/technician for help.
Conformité aux normes FCC Cet équipement a été testé trouvé conforme aux limites pour un
dispositif numérique de classe B, conformément à la Partie 15 des règlements de la FCC. Ces
limites sont conçues pour fournir une protection raisonnable contre les interférences nuisibles
dans une installation résidentielle.
Cet équipement génère, utilise et peut émettre des fréquences radio et, s'il n'est pas installé et
utilisé conformément ment aux instructions du fabricant, peut causer des interférences nuisibles
aux communications radio.
Rien ne garantit cependant que l’interférences ne se produira pas dans une installation
particulière. Si cet équipement provoque des interférences nuisibles à la réception radio ou de
télévision, qui peut être déterminé en comparant et en l'éteignant, l'utilisateur est encouragé à
essayer de corriger les interférence par une ou plusieurs des mesures suivantes:
--Réorienter ou déplacer l'antenne de réception.
--Augmenter la distance entre l'équipement et le récepteur.
--Branchez l'appareil dans une prise sur un circuit différent de celui auquel le récepteur est
connecté.
--Consulter le vendeur ou un technicien radio / expérimenté.
Les changements ou modififications à cet appareil sans expressément approuvée par la partie
responsable de conformité pourraient annuler l’autorité de l’utilisateur de faire fonctionner cet
équipement.
The required notices are specified in the RSS documents (including RSS-Gen) applicable to the
equipment model. These notices are required to be shown in a conspicuous location in the
4
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986;
US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068 Patent Pending
user manual for the equipment, or to be displayed on the equipment model. If more than
one notice is required, the equipment model(s) to which each notice pertains should be
identified. Suppliers of radio apparatus shall provide notices and user information in both
English and French.
This device complies with Industry Canada license-exempt RSS-standards(s). Operation is
subject to the following two conditions:
(1) this device may not cause interference, and
(2) this device must accept any interference, including interference that may cause undesired
operation of the device.
Cet appareil est conforme avecx Industrie Canada exempt de licence Rss standard(s). Son
fonctionnement est soumis aux deux conditions suivantes:
1 cet appareil ne peut causer d’interférence, et
(2) cet appareil doit accepter toute interférence, y compris des interférences qui peuvent
provoquer un fonctionnement indésirable du périphérique.
2 Operation
2.1 Installation Information
The Magnetic Field XL Generator with CAM is mounted on a vehicle or piece of machinery.
Metal near the Magnetic Field XL Generator with CAM may impact performance by reducing
the field size. After installing the Magnetic Field XL Generator with CAM on the machine,
performance of the unit should be verified by operation and test.
2.1.1 Inoperability Warning
The Magnetic Field XL Generator with CAM may experience erratic responses when in very
close proximity to some electronic devices. Electrical devices may transmit an electrical field
and noise from these fields may cause interference with the Magnetic Field XL Generator with
CAM. A safe guideline is to keep the Magnetic Field XL Generator with CAM at least 4in or
100mm away from any electrical devices included but not limited to methane monitor, radio,
mobile phone, GPS, PDA, battery charger and laptop computers.
2.2 Charging
The Magnetic Field XL Generator with CAM is directly powered downstream when the ignition
of the vehicle is turned on and requires no charging.
2.3 Alerts
Magnetic Field XL Generator with CAM is designed to automatically adjust and maintain the
original zone size. If the truck supply voltage changes or changes occur resulting in a reduction
of zone sizes, the system will automatically adjust as much as 5% to ensure that the zones
5
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986;
US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068 Patent Pending
remain where they were initially set. If the processor senses a significant power reduction, the
alarm may sound for a period of time. When the sounder is activated, power must be cycled to
restore normal operation. If the problem persists, then service is required.
2.4 Maintenance
The Magnetic Field XL Generator with CAM should be regularly cleaned to reduce buildup of
dust and dirt. The user should check to see if the LEDs are working before using the device.
2.5 Adjustments
Magnetic field size is an adjustment which is made on the Magnetic Field XL Generator with
CAM. To make the adjustment, remove the screw below the arrow shown on the label as
PWM. To adjust the magnetic field size, turn the screw on the pot located inside the opening.
Turning in a clockwise direction will increase while turning counterclockwise will decrease the
field size.
The volume to the Warning Module can be adjusted by turning plastic cover on the Warning
Module. Adjustments must be made by a professional.
2.6 Interferences
The Magnetic Field XL Generator with CAM may receive false triggering (generate an alarm)
signals from some RF-based devices including high power radios and cell phones. Such devices
will need to be moved further away from the XL Generator. If the devices cannot be moved,
then the path may need to be marked to indicate areas of interference of the system. If
possible, the route may need to be changed. It may be possible for the generators to cause
interference though this should be rare because the average energy generated by this device is
quite low at 73 kHz.
2.7 XL Generator Specifications
Part Number: HN-MFG-XL-C
Size: 13” x 6” x 4.5” (Depth is 4.5” at widest point and 2”at the narrowest)
Weight: 7.2 lbs./ 3.2 kg
Input Voltage: 12/24 VDC (Preset at the time of order. Default is 24V)
Magnetic Field Frequency: 73 kHz pulsing AC field. Magnetic field pulses occur approx. 3% of the time.
Magnetic Field Strength: negligible
Magnetic Field Size: 12V (Warning-57ft, Danger-40ft): 24V (Warning-70ft, Danger-49ft)
Maximum Current Draw: Less than 5A. It is not a constant draw with a magnetic field pulsing at 3% of
the time. Current draw between pulses is very low and the overall current draw is low.
Receiver Frequency: 916.48 MHz
6
5
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986;
US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068 Patent Pending
Transmitter Frequency: 73 kHz
Operating Temperature Range: -30°C to + 55°C; -22°F to 131°F
2.8 XL Generator System Installation Guide
To Be Installed By a Professional
“tep
Poe Cale
Coet to a sithed ad fused A
iuit appopiate fo the V XL
Geeato o the V XL Geeato.
“tep
Istall Geeato
Install the Generator on top of the overhead guard
and at least 4 (10.2cm) from the frame if placed
on the counterbalance. It should be as far from
the strobe light as possible. Adjust magnets to fit
as needed.
“tep
Poe to Geeato
Power Cable
Connect Power Cable (female) to Generator (male).
Turn locking ring to secure the connection.
“tep
Istall Waig Module
This connection pointed up
“tep
Waig Module to Geeato
Connect Warning Module (male) to Generator
(female).
Warning Module Cable
7
“tep
Place magnet side of the Warning
Module to the frame of the forklift
where it can be seen and heard by the
operator. Volume can be affected by
turning the clear plastic cap or it can be
removed.
All adjustets i Steps -8 eed to
e doe y a professioal.
Ca “ilee
In order to avoid battery drain while
the vehicle is off, the Cab Silencer
can be connected to a switched and
fused (5A) circuit. Place the Cab
Sileer withi ” of the
Operator’s PAD AND 4 ft (1.2m)
away from the generator,
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986;
US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068 Patent Pending
2.9 Safety Consideration
The driver and pedestrian should not be in close proximity while the truck is in gear. The driver
must turn off the truck while a pedestrian is standing next to the truck. An alternate solution is
a switch applied to the emergency brake to cut the circuit to the generator while the brake is
activated.
3 Warranty
HIT-NOT® WARRANTY TERMS AND CONDITIONS
IMPORTANT-READ CAREFULLY: BY AND INSTALLING AND USING THE HIT-NOT® SYSTEM, YOU
ACKNOWLEDGE AND AGREE TO BE CONTRACTUALLY BOUND BY THESE WARRANTY TERMS AND
CONDITIONS. IF ANY OF THE TERMS OF USE ARE NOT ACCEPTABLE TO YOU, DO NOT INSTALL OR USE
THE HIT-NOT® SYSTEM.
THE HIT-NOT® SYSTEM IS SIMPLY A TOOL TO BE USED TO ASSIST YOU IN SAFELY OPERATING HEAVY
EQUIPMENT. THE HIT-NOT® SYSTEM IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE,
SAFE PRACTICES IN OPERATING HEAVY EQUIPMENT. YOUR USE OF THE HIT-NOT® SYSTEM IS SOLELY
“tep
“ilet )oe Adjust
•Factory set to max. of ~22 in. or
56cm.
•To decrease the size, unscrew the
cap from the Cab Silencer.
•Activate a PAD and turn on truck.
•Using a 3/32 slotted screwdriver,
turn the Pot counterclockwise
until the PAD silences at the
desired location.
•Replace cap.
8
Field Adjust
•Remove the screw under the
PWM arrow.
•Have a Pedestrian with a PAD
at the desired Danger Zone
limit (~34’ max.), slowly adjust
the PWM pot with a 3/32
slotted screwdriver until the
danger zone alerts at the
desired distance.
•Return the screw
“tep
To check the field for a
Pedestrian, hold a PAD at the
edge of the Danger Zone on
the long axis of the XL
Generator. Slowly move the
PAD from Danger to Warning.
“tep
Chekig Alets Afte Istallatio
Al
Field Size 24V:
Warning: 70ft
Danger: 49ft
•PAD/Generator (Pedestrian Alert)
•Warning Zone- Series of 3 beeps
•Danger Zone- Continuous signal
Field Size 12V:
Warning: 57ft
Danger: 40ft
PAD LOW BATTERY: Series of 2 beeps. PAD will
not indicate Alert Signals for Warning or Danger!!
•CAM/Generator (Truck to Truck Alert)
•XL Generator will beep rapidly for 2 seconds when
it receives the CAM signal from the other truck.
The signal will reset when a PAD or another CAM
comes into the Warning Zone.
To check the field for a Truck
with CAM, bring another Truck
with CAM facing each other
outside the Warning Zone.
Slowly move one Truck into the
Warning Zone of the other
Truck. Rapid beeps will sound
on both Trucks.
NOTE: A XL Generator
Truck without a CAM
can be used with a
CAM Truck to check
the field. The No CAM
Truck will receive the
warning of the CAM
Truck. The CAM Truck
will not activate and
alarm on it’s own
truck.
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986;
US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068 Patent Pending
AT YOUR OWN INDEPENDENT DISCRETION AND RISK. THE HOT-NOT® SYSTEM IS NOT GUARANTEED
TO PREVENT ACCIDENTS.
ACCEPTANCE AND DEFINITIONS.
(A) Acceptance of Terms. These Waat Tes ad Coditios these Terms ae a legal
agreement between You, as a purchaser and end user of the System and Frederick Energy Products, LLC.
By installing the System or using the System in any way, You are (1) agreeing to be bound by these
Terms. If You do not agree with all these terms, do not use OR INSTALL the SYSTEM. YOU MUST
RETURN THE SYSTEM TO THE DEALER FROM WHICH YOU PURCHASED THE SYSTEM, IN ACCORDANCE
WITH THE DEALER’“ POLICIE“. This Ageement constitutes the entire and only agreement between FEP
and You and supersedes all prior or contemporaneous agreements, representations, warranties and
understandings with respect to the System, and the subject matter of this Agreement.
(B) Definitions. I this Ageeet, You ad You efe to You as the use of the “ste. FEP
e, us ad ou efe to Fedeik Eeg Poduts, LLC ad ou suessos, pates, affiliates,
susidiaies ad assigs. “ste efes to the Hit-Not® System puhased You. Tes efes,
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 failue of the “ste to ofo to FEP’s itte speifiatios,
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 whih ou puhased the “ste. FEP’s liailit 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.
9
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986;
US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068 Patent Pending
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,
adisos, osultats, eploees, suessos ad assigs olletiel, the Poteted Paties haless
fo ad agaist all losses, osts, liailities, epeses iludig easoale attoes’ fees ad
expenses), claims, demands, and damages, actual and consequential, of every kind and nature, known
ad uko, suspeted ad ususpeted, dislosed ad udislosed olletiel, Losses, that ae i
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
cooperate with FEP’s defese of suh lais. FEP ill use easoale effots to otif You of a suh
claim, action, or proceeding which is subject to this indemnification upon FEP becoming aware of it.
(B) Limitation of Liabilities. IN NO EVENT SHALL FEP, ITS LICENSORS, SUPPLIERS, CONTENT PROVIDERS
OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS,
ADVISORS, CONSULTANTS, EMPLOYEES, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
(INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, USE, REVENUE OR OTHER ECONOMIC
ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH THE SYSTEM OR THESE TERMS BASED ON ANY
THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET
FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THE SYSTEM WOULD NOT BE PROVIDED FOR SALE TO YOU WITHOUT SUCH LIMITATIONS. IN NO EVENT
WILL OUR LIABILITY, OR THE LIABILITY OF OUR LICENSORS, AND OUR RESPECTIVE PARENTS, AFFILIATES,
SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ADVISORS, CONSULTANTS,
SUCCESSORS OR ASSIGNS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED ONE
HUNDRED DOLLARS (US $100.00). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Choice of Law; Dispute Resolution. The Agreement shall be governed by, and construed in accordance
with the laws of the State of Alabama, without regard to its conflicts of law provisions. In the event of
a dispute, lai, uestio o disageeet Clai etee You ad FEP aisig fo o elatig to
Your use of the System, You and FEP will attempt, in good faith, to resolve any Claim within thirty (30)
days after written notice of the Claim. Any Claim not so resolved shall be finally settled by binding
arbitration administered by the American Arbitration Association under its Commercial Arbitration
Rules, using the Expedited Procedures. Judgment on the award rendered by the arbitrator(s) may be
entered in any court of competent jurisdiction. The arbitrator shall be an individual generally skilled in
the legal and business aspects of the subject matter of this Agreement. The arbitrator shall have no
authority to impose penalties or award punitive damages. The arbitration shall take place in Madison
County, Alabama, and the arbitrator shall apply the law of the State of Alabama and applicable rules of
evidence. If all parties and the arbitrator agree, arbitration may take place by telephone or by written
communication. Unless the arbitrator otherwise directs, the parties, their representatives, other
participants, and the arbitrator shall hold the existence, content, and result of the arbitration in
10
10
Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986;
US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068 Patent Pending
confidence. No action, regardless of form, related to the obligations of the parties under this Agreement
may be brought by either party against the other more than one (1) year after the cause of action has
accrued. In any proceeding to enforce this Agreement, the prevailing party will have the right, in
addition to its other rights hereunder, to recover its reasonable litigation costs and reasonable
attoes’ fees.
Nothing in this Section shall preclude any party from seeking equitable relief from a court of competent
jurisdiction or exercising any self-help remedies, whether before, during or after the pendency of any
arbitration proceeding. The parties agree that taking any such action does not waive any right that
either party has to demand arbitration at any time with respect to subsequent or amended disputes
claimed or filed against a party after commencement of litigation. BY AGREEING TO THESE TERMS AND
CONDITIONS, ALL PARTIES AGREE TO WAIVE ANY RIGHTS TO A JURY OR COURT TRIAL. If any provision
of this dispute resolution procedure is held invalid or unenforceable, the remaining provisions shall
remain in full force and shall not be affected by the invalidity of any other provision.
By tapping "Accept", you again agree and confirm that you have read and understood these Terms of
Service and the Disclaimer.
Accept
V. Entire Agreement; Assignment; Miscellaneous. These Terms constitute the complete and
exclusive statement of the agreement between You and us. It supersedes any and all prior or
contemporaneous agreement, oral or written, and any other communications, representations,
warranties and understanding relating to the subject matter hereof. If there is a conflict between an oral
or written representation of any FEP employee or agent, or any Dealer or Distributor employee or agent,
and these Terms, these Terms will prevail. These Terms will prevail over other rules and policies on the
System. Our failure to enforce any provision of these terms shall not be deemed either a waiver of such
provision or a waiver of the right to enforce such provision. If any provision of these Terms is held by an
arbitrator or court of competent jurisdiction to be contrary to law, then such provision shall be
construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall
remain in full force and effect. The provision of these Terms which, by their terms should survive
termination or expiration of these Terms, shall survive the termination or expiration hereof. FEP may
assign this Agreement to any other entity of its choosing, with or without notice to You. You may not
assign these Terms to any other party without the prior written consent of FEP. FEP shall not be deemed
to have waived any of its rights or remedies unless such waiver is in writing and signed by FEP. No delay
or omission on the part of FEP in exercising any rights or remedies shall operate as a waiver of such
rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms
are solely used for the convenience of the parties and have no legal or contractual significance.
END OF HIT-NOT® WARRANTY TERMS AND CONDITIONS
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Exhibit 9
US7,420,471; US8,169,335; US8,232,888; US5,939,986;
US6,810,353; AU2005289704; ZA2007/02919; ZA2008/02673;
ZA2010/06816, ZA2010/09068 Patent Pending
4 Revision History
4.1 Version 1.0 – June 23, 2015
Original Release. No revision history.
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