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3.2Time-and-Materials Service. If Customer requests and UA agrees to provide services that are
<br />outside the scope of the Service, such services shall be provided at UA’s then-current hourly service rates
<br />or as established within a separate agreement addressing these specific requests.
<br />REPRESENTATIONS AND WARRANTIES
<br />4.1 Expressed Warranty. Products manufactured by UA are warranted to be free from defects in
<br />material and workmanship under normal use and service. This warranty is applicable to any of UA's
<br />products that Customer returns to UA during the period of the initial term of the agreement. All equipment
<br />issued, including BodyWorn™ devices and peripherals, and Rocket IoT™ in-vehicle systems and
<br />peripherals, are warranted for the duration of the initial agreement and will be repaired or replaced at UA’s
<br />cost with an appropriate Request to Merchant (RMA) authorization. UA's obligations, with respect to such
<br />applicable warranty returns, are limited to repair, replacement, or refund of the purchase price actually paid
<br />for the product, at UA's sole option. UA shall bear round-trip shipment costs of defective Items found to be
<br />covered by this warranty. Defective Products or parts thereof may be replaced with either new, factory
<br />refurbished, or remanufactured parts. Defective parts, which have been replaced, shall become the UA's
<br />property. This warranty does not extend to any product sold by UA which has been subjected to malicious
<br />rd
<br />party, or a use for purposes not
<br />intent, neglect, accident, improper installation by a non-authorized 3
<br />included or not in accordance with operational maintenance procedures and instructions furnished by UA,
<br />or which has been repaired or altered by UA or persons other than UA or which has been damaged by
<br />secondary causes, including but not limited to, improper voltages, adverse environment conditions,
<br />improper handling, or products which have had their serial number or any part thereof altered, defaced, or
<br />removed. UA liability does not cover normal wear and tear or deterioration. Uniforms or modified uniforms
<br />provided with the service have a 1-year warranty and are limited to defects in material workmanship that
<br />render prevent the user from capturing video and/or using the Service. The Expressed Warranty does not
<br />include changes to the color or appearance of the uniform that result from normal wear and tear.
<br />
<br />4.2 UA and Customer Responsibilities. Each party (the “Representing Party”) represents and warrants
<br />to the other that: (a) it has the authority to enter this Agreement and to perform its obligations under this
<br />Agreement; (b) the execution and performance of this Agreement does not and will not violate any
<br />agreement to which the Representing Party is a party or by which it is otherwise bound; and (c) when
<br />executed and delivered, this Agreement will constitute a legal, valid and binding obligation of the
<br />Representing Party, enforceable in accordance with its terms. In addition to the foregoing: UA warrants that
<br />the software provided as part of the Service will materially conform to the applicable then-current
<br />documentation relating to the Service when used in an operating environment that complies with the then-
<br />current documentation relating to the Service. If UA alters the documentation in a way that materially
<br />diminishes the scope of the Services, Customer shall have the right to terminate this Agreement upon thirty
<br />(30) days prior written notice to UA. In the event that the software which is part of the Service fails to perform
<br />in accordance with this warranty, Customer shall promptly inform UA of such fact, and, as Customer’s sole
<br />and exclusive remedy, UA shall either: (i) repair or replace the Service to correct any defects in the software
<br />without any additional charge to Customer, or (ii) terminate this Agreement and provide Customer, as
<br />Customer’s sole and exclusive remedy, with a pro rata refund (for the unexpired portion of the applicable
<br />Term) of the Fees paid to UA hereunder. Customer represents and warrants to UA that Customer and its
<br />Licensed Users (i) will use the Service only for lawful purposes; (ii) will not interfere with or disrupt the
<br />operation of the Service or the servers or networks involved with the operation of the Service; (iii) attempt
<br />to gain unauthorized access to the Service, other accounts, computer systems or networks connected to
<br />the Service, through any other means; or (iv) interfere with another user's use and enjoyment of the Service.
<br />
<br />4.3 Export Restrictions. Customer represents and warrants that it and all Licensed Users will comply
<br />with all applicable laws, rules and regulations in the jurisdiction from which they access the Service,
<br />including those laws, rules and regulations which apply to the access, import, use and export of controlled
<br />technology or other goods. Customer also agrees that it and all Licensed Users will comply with the
<br />applicable laws, rules and regulations of the jurisdictions from which UA operates the Service (currently,
<br />the United States of America). In particular, Customer represents, warrants and covenants that it shall not,
<br />without obtaining prior written authorization from UA and, if required, of the Bureau of Export Administration
<br />of the United States Department of Commerce or other relevant agency of the United States Government,
<br />www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707
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