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AXON <br /> Broadberry 3 years <br /> 7.2 Warranty Limitations. <br /> 7.2.1 The warranties do not apply and Axon will not be responsible for any loss, data loss, <br /> damage, or other liabilities arising from: (a) damage from failure to follow instructions <br /> relating to the Product's use; (b) damage caused by use with non-Axon products or from <br /> the use of cartridges, batteries or other parts, components or accessories that are not <br /> manufactured or recommended by Axon; (c) damage caused by abuse, misuse, intentional <br /> or deliberate damage to the product, or force majeure; (d) damage to a Product or part <br /> that has been repaired or modified by persons other than Axon authorized personnel or <br /> without the written permission of Axon; or(e)if any Axon serial number has been removed <br /> or defaced. <br /> 7.2.2 To the extent permitted by law,the warranties and the remedies set forth above <br /> are exclusive and Axon disclaims all other warranties,remedies,and conditions, <br /> whether oral or written, statutory, or implied, as permitted by applicable law. <br /> If statutory or implied warranties cannot be lawfully disclaimed, then all such <br /> warranties are limited to the duration of the express warranty described above <br /> and limited by the other provisions contained in this Agreement. <br /> 7.2.3 Axon's cumulative liability to any Party for any loss or damage resulting from <br /> any claims, demands, or actions arising out of or relating to any Axon product <br /> will not exceed the purchase price paid to Axon for the product or if for services, <br /> the amount paid for such services over the prior 12 months preceding the claim. <br /> In no event will either Party be liable for any direct,special, indirect, incidental, <br /> exemplary, punitive or consequential damages, however caused, whether for <br /> breach of warranty, breach of contract, negligence, strict liability, tort or under <br /> any other legal theory. <br /> 7.3 Warranty Returns.If a valid warranty claim is received by Axon within the warranty period,Axon <br /> agrees to repair or replace the Product which Axon determines in its sole discretion to be defective <br /> under normal use, as defined in the Product instructions. Axon's sole responsibility under this <br /> warranty is to either repair or replace with the same or like Product, at Axon's option. <br /> 7.3.1 For warranty return and repair procedures, including troubleshooting guides, please go to <br /> Axon's websites www.axon.com/support or www.evidence.com, as indicated in the <br /> appropriate product user manual or quick start guide. <br /> 7.3.2 Before delivering product for warranty service, it is the Agency's responsibility to upload <br /> the data contained in the product to the Evidence.com services or download the product <br /> data and keep a separate backup copy of the contents. Axon is not responsible for any loss <br /> of software programs, data, or other information contained on the storage media or any <br /> other part of the product services. <br /> 7.3.3 A replacement product will be new or like new and have the remaining warranty period of <br /> the original product or 90 days from the date of replacement or repair, whichever period <br /> is longer.When a product or part is exchanged,any replacement item becomes Purchaser's <br /> property and the replaced item becomes Axon's property. <br /> 8 Product Warnings. See our website at www. axon.com for the most current product warnings. <br /> 9 Design Changes. Axon reserves the right to make changes in the design of any of Axon's products and <br /> services without incurring any obligation to notify the Agency or to make the same change to products and <br /> services previously purchased. <br /> 10 Insurance. Axon will maintain at Axon's own expense and in effect during the Term, Commercial General <br /> Title. Master Services and Purchasing Agreement with Exhibit.ISIgnewrei Page 4 of 10 <br /> D.pertnenl: Legal <br /> Version: 5A <br /> Release Dam: 4/DiDO17 <br />