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<br />Master Services and Purchasing Agreement
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<br />Version: 24
<br />Release Date: August 2025 Page 2 of 42
<br />7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any
<br />kind, either express or implied, including without limitation the implied warranties of merchantability,
<br />fitness for a particular purpose and non-infringement. Axon Devices and Services that are not
<br />manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s
<br />warranty and are only subject to the warranties of the third-party provider or manufacturer. If Customer
<br />purchases Axon Loki, Customer acknowledges the Loki device is designed for operation in enclosed,
<br />controlled environments and must be used in compliance with all applicable laws and safety
<br />guidelines. Operation in open or unapproved areas may result in signal interfere nce, loss of control,
<br />or damage, and Axon assumes no liability for improper use, including any resulting harm or regulatory
<br />violations.
<br />7.3. Claims. If Axon receives a valid warranty claim for an Axon -manufactured Device during the warranty term,
<br />Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon-
<br />manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new.
<br />Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of
<br />the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement.
<br />7.3.1. If Customer exchanges an Axon Device or part, the replacement item becomes Customer’s property,
<br />and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for
<br />service, Customer must upload Axon-manufactured Device data to Axon Evidence or download it and
<br />retain a copy. Axon is not responsible for any loss of software, data, or other information contained in
<br />storage media or any part of the Axon-manufactured Device sent to Axon for service.
<br />7.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Customer a predetermined number
<br />of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to
<br />replace broken or non-functioning units while Customer submits the broken or non-functioning units, through
<br />Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and
<br />risk of loss for all Spare Axon Devices shall pass to Customer in accordance with shipping terms of this
<br />Agreement. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices
<br />for the intended purpose.
<br />7.5. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions;
<br />(b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or
<br />intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other
<br />than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number.
<br />Axon’s warranty will be void if Customer resells Axon Devices.
<br />7.5.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon
<br />disclaims all other warranties, remedies, and conditions, whether oral , written, statutory, or
<br />implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties
<br />are limited to the duration of the warranty described above and by the provisions in this
<br />Agreement. Customer confirms and agrees that, in deciding whether to sign this Agreement,
<br />Customer has not relied on any statement or representation by Axon or anyone acting on behalf
<br />of Axon related to the subject matter of this Agreement that is not in this Agreement.
<br />7.5.2. Axon’s cumulative liability to any party for any loss or damage resulting from any claim,
<br />demand, or action arising out of or relating to this Agreement will not exceed the purchase
<br />price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services
<br />over the twelve (12) months preceding the claim. Neither Party will be liable for special, indirect,
<br />incidental, punitive or consequential damages, however caused, whether for breach of
<br />warranty or contract, negligence, strict liability, tort or any other legal theory.
<br />7.6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is
<br />governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales-
<br />terms-and-conditions.
<br />7.7. Third-Party Hardware, Software and Services. Use of hardware, software, or services other than those
<br />provided by Axon is governed by the terms, if any, entered into between Customer and the respective third-
<br />party provider, including, without limitation, the terms applicable to such software or services located at
<br />www.axon.com/sales-terms-and-conditions, if any.
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