|
<br />
<br />Verity Master Agreement _12052016fWA2 6
<br />Any replacement Hart Hardware provided to Customer under this warranty may be new or reconditioned. Hart may use new and
<br />reconditioned parts in performing warranty repairs and building replacement products. If Hart repairs or replaces Hart Hardware,
<br />its warranty period is not extended and will terminate upon the end of the warranty period of the replaced or repaired Hart
<br />Hardware. Hart owns all replaced Hart Hardware and all parts removed from repaired products. Customer acknowledges and
<br />agrees that this warranty is contingent upon and subject to Customer’s proper use of the Verity system and the Exclusions from
<br />Warranty and Software Support Services set forth in Section 9.5. This warranty does not cover any Hart Hardware that has had
<br />the original identification marks and/or numbers removed or altered in any manner. This warranty does not include any type of
<br />routine maintenance service or preventative maintenance service. This Hardware Limited Warranty may be extended after the
<br />initial period under separate Extended Hardware Warranty agreements, subject to the order process contemplated by Section 1.
<br />Extended warranties exclude consumable items, including all types of batteries, vDrives and paper (“Consumables”). Renewal
<br />of the annual License and Support Subscription does not, in itself, extend the Hardware Limited Warranty. The remedies set forth
<br />in this Section are the full extent of Customer’s remedies and Hart’s obligations regarding this warranty. If the Hart Hardware is
<br />required to be reconfigured, modified, or otherwise changed after its sale to and installation at the Customer’s location due to the
<br />Customer’s or a local, state, or federal government certification change(s) or due to any statutory changes or new requirements,
<br />Hart will determine the feasibility and cost of the required changes and advise the Customer of the total amount due for those
<br />Hart Hardware changes. Upon written approval to move forward with the changes and receipt from the Customer of the stated
<br />fees, Hart will complete the required changes to the Customer’s Hart Hardware. THIS LIMITED WARRANTY DOES NOT APPLY
<br />TO ANY THIRD PARTY HARDWARE.
<br />9.3. Hart Proprietary Software Limited Warranty. Hart warrants that beginning ten (10) days after the sh ipping of the Hart
<br />Proprietary Software and for so long as Customer has the requisite number of License and Support Subscriptions in effect , the
<br />Hart Proprietary Software will perform substantially according to the then -current functional specifications described in the
<br />applicable software Operators’ Manuals accompanying such Hart Proprietary Software. To request warranty service, Customer
<br />must contact Hart in writing within the warranty period. Failure to conform to the warranty must be reported in writi ng and be
<br />accompanied with sufficient detail to enable Hart to reproduce the error and provide a remedy or suitable corrective action (a
<br />solution that will allow the software to function appropriately). Hart will make commercially reasonable efforts to re medy or
<br />provide a suitable workaround for defects, errors, or malfunctions covered by this warranty that have a significant adverse e ffect
<br />upon operation of the Hart Proprietary Software. Because not all errors or defects can or need to be corrected, Hart does not
<br />warrant that all errors or defects will be corrected. Customer acknowledges and agrees that this warranty is contingent upon and
<br />subject to Customer’s proper use of the Verity system and the Exclusions from Warranty and Support Coverage set forth in
<br />Section 9.5. The remedies set forth in this Section 9.3 are the full extent of Customer’s remedies and Hart’s obligations
<br />regarding this warranty. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY SUBLICENSED SOFTWARE.
<br />9.4. Professional Services Warranty. Hart represents and warrants that any Professional Services shall be performed in a
<br />professional and workmanlike manner.
<br />9.5. Exclusions from Warranty and Software Support Services. The warranties under this Section and Software Support under
<br />Section 8 do not cover defects, errors, or malfunctions that are caused by any external causes, including, but not limited to, any
<br />of the following: (a) Customer’s failure to follow operational, support, or storage instructions as set forth in applicable
<br />documentation; (b) the use of incompatible media, supplies, parts, or components; (c) modification or alteration of the Verity
<br />system, or its components, by Customer or third parties not authorized by Hart; (d) use of equipment or software not supplied or
<br />authorized by Hart; (e) external factors (including, without limitation, power failure, surges or electrical damage, fire or water
<br />damage, air conditioning failure, humidity control failure, or corrosive atmosphere harmful to electronic circuitry); (f) fai lure to
<br />maintain proper site specifications and environmental conditions; (g) negligence, accidents, abuse, neglect, misuse, or
<br />tampering; (h) improper or abnormal use or use under abnormal conditions; (i) use in a manner not authorized by this Agreemen t
<br />or use inconsistent with Hart’s specifications and instructions; (j) use of software on Equipment that is not in good operating
<br />condition; (k) acts of Customer, its agents, servants, employees, or any third party; (l) servicing or support not authorized by Hart;
<br />(m) Force Majeure; or (n) Consumables, unless expressly set forth in Section 9.2. In any case where Hart Proprietary Software
<br />interfaces with third party software, including but not limited to, the Customer’s voter registration system, non -Hart election
<br />management system, early voting validation system, non -Hart election systems, absentee envelope management systems, or
<br />other like systems, Hart will not be responsible for proper operation of any Software that interfaces with the third party so ftware
<br />should such third party software be updated, replaced, modified, or altered in any way. Hart will also not be responsible for the
<br />proper operation of any Software running on Customer’s computer equipment, should Customer install a new computer
<br />operating system on said equipment without advising Hart of such changes and receiving Hart’s written approval. Hart will not be
<br />responsible for the proper operation of any Software should it be configured or operated in any manner contrary than that
<br />described herein. Professional Services and associated costs may be required in those situations where the Customer requests
<br />Hart’s review and approval of any system changes outside the original system specifications at the time of the original
<br />acceptance date of this Agreement. Hart reserves the right to charge for repairs on a time-and-materials basis at Hart’s then-
<br />prevailing rates, plus expenses, and for replacements at Hart’s list prices caused by these exclusions from warranty and supp ort
<br />coverage.
<br />9.6. Third Party Hardware and Sublicensed Software Excluded. HART MAKES NO REPRESENTATIONS OR WARRANTIES
<br />AS TO THIRD PARTY HARDWARE AND SUBLICENSED SOFTWARE, IF ANY, PROVIDED BY HART TO CUSTOMER, ALL
<br />OF WHICH IS SOLD, LICENSED, OR SUBLICENSED TO CUSTOMER “AS IS,” OTHER THAN AS MAY BE PROVIDED IN
<br />ANY PASS-THROUGH WARRANTY DESCRIBED BELOW . HART HAS NO RESPONSIBILITY OR LIABILITY FOR THIRD
<br />PARTY HARDWARE AND SUBLICENSED SOFTWARE, IF ANY, PROVIDED BY HART’S DISTRIBUTORS OR OTHER THIRD
|