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In consideration for the agreements set forth herein, the parties agree as follows: <br />1. WARRANTY TERMS <br />1.1 HVS Hardware Limited Warranty Hart warrants that during the warranty period the HVS <br />Hardware purchased by Client will be free from defects in materials and workmanship and will <br />substantially conform to the performance specifications stated in the Hart Voting System Operator's <br />Manuals for the HVS Hardware applicable at the time of the installation of the Hardware. The new <br />hardware warranty period is three (3) years, other than the new VBO unit(s) and /or new eScanTM unit(s), <br />which is one (1) year, beginning ten (10) days after the shipping date of the new HVS Hardware. The <br />used and/or refurbished hardware warranty period is ninety (90) days, beginning ten (10) days after the <br />shipping date of the used and /or refurbished HVS Hardware. Hart will, at Hart's sole discretion, replace <br />or repair any HVS Hardware that does not comply with this warranty, at no additional charge to Client. <br />To request warranty service, Client must contact Hart in writing within the warranty period. Hart may <br />elect to conduct any repairs at Client's site, Hart's facility, or any other location specified by Hart. Any <br />replacement HVS Hardware provided to Client under this warranty may be new or reconditioned. Hart <br />may use new and reconditioned parts in performing warranty repairs and building replacement products. <br />If Hart repairs or replaces HVS Hardware, its warranty period is not extended and will terminate upon <br />the end of the warranty period of the replaced or repaired HVS Hardware. Hart owns all replaced HVS <br />Hardware and all parts removed from repaired products. Client acknowledges and agrees that this <br />warranty is contingent upon and subject to Client's proper use of the Hart Voting System and the <br />Exclusions from Warranty and Support Coverage set forth in Section 1.3. This warranty does not cover <br />any HVS Hardware that has had the original identification marks and /or numbers removed or altered in <br />any manner. The remedies set forth in this Section are the full extent of Client's remedies and Hart's <br />obligations regarding this warranty. <br />If the HVS Hardware is required to be reconfigured, modified, or othei changed after its sale to and <br />installation at the Client's location due to the Client's or a local, state, or federal government certification <br />change(s) or due to any statutoiv changes or new requirements, Hart will determine the feasibility and <br />cost of the required changes and advise the Client of the total amount due for those HVS Hardware <br />changes. Upon written approval to move foixvard with the changes and receipt from the Client of the <br />stated fees, Hart will complete the required HVS Hardware changes to the Client's HVS Hardware. <br />1.2 Hart Proprietary Software Limited Warranty* Hart warrants that beginning ten (10) days <br />after the shipping of the HVS Software and for rest of the term of this Agreement, the Hart Proprietary <br />Software will perform substantially according to the then - current functional specifications described in <br />the applicable software Operators' Manuals accompanying such Hart Proprietary Software. To request <br />warranty service, Client must contact Hart in writing within the warranty period. Failure to conform to <br />the warranty must be reported in writing and be accompanied with sufficient detail to enable Hart to <br />reproduce the error and provide a remedy or suitable corrective action (a solution that will allow the <br />software to function appropriately as certified). Hart will make commercially reasonable efforts to <br />remedy or provide a suitable workaround for defects, errors, or malfunctions covered by this warranty <br />that have a significant adverse affect upon operation of the Hart Proprietary Software. Because not all <br />errors or defects can or need to be corrected, Hart does not warrant that all errors or defects will be <br />corrected. Client acknowledges and agrees that this warranty is contingent upon and subject to Client's <br />proper use of the Hart Voting System and the Exclusions from Warranty and Support Coverage set forth <br />in Section 1.3. The remedies set forth in this Section 1.2 are the full extent of Client's remedies and <br />Hart's obligations regarding this warranty. <br />1.3 Exclusions from Warranty and Support Coverage The warranties under this Section 1 <br />and Software Support under Section 2 do not cover defects, errors, or malfunctions that are caused by <br />Page 2 of 21 <br />HVS License Agreement — Rev. 09 -2011 <br />