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<br />Verity Master Agreement _10192016f 6
<br />repairs and building replacement products. If Hart repairs or replaces Hart Hardware, its warranty period is not extended and will
<br />terminate upon the end of the warranty period of the replaced or repaired Hart Hardware. Hart owns all replaced Hart Hardware
<br />and all parts removed from repaired products. 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 Software Support Services set forth
<br />in Section 9.5. This warranty does not cover any Hart Hardware that has had the original identification marks and/or numbers
<br />removed or altered in any manner. This warranty does not include any type of routine maintenance service or preventative
<br />maintenance service. This Hardware Limited Warranty may be extended after the initial period under separate Extended
<br />Hardware Warranty agreements, subject to the order process contemplated by Section 1. Renewal of the annual License and
<br />Support Subscription does not, in itself, extend the Hardware Limited Warranty. The remedies set forth in this Section are the full
<br />extent of Customer’s remedies and Hart’s obligations regarding this warranty. If the Hart Hardware is required to be reconfigured,
<br />modified, or otherwise changed after its sale to and installation at the Customer’s location due to the Customer’s or a local, state,
<br />or federal government certification change(s) or due to any statutory changes or new requirements, Hart will determine the
<br />feasibility and cost of the required changes and advise the Customer of the total amount due for those Hart Hardware changes.
<br />Upon written approval to move forward with the changes and receipt from the Customer of the stated fees, Hart will complete the
<br />required changes to the Customer’s Hart Hardware. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY THIRD PARTY
<br />HARDWARE.
<br />9.3. Hart Proprietary Software Limited Warranty. Hart warrants that beginning ten (10) days after the shipping 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 writing 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 remedy or
<br />provide a suitable workaround for defects, errors, or malfunctions covered by this warranty that have a significant adverse effect
<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) failure 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 Agreement
<br />or use inconsistent with Hart’s specifications and instructions; (j) use of software on Equipment that is not in good operati ng
<br />condition; (k) acts of Customer, its agents, servants, employees, or any third party; (l) servicing or support not authorized by Hart;
<br />or (m) Force Majeure. In any case where Hart Proprietary Software interfaces with third party software, including but not limited
<br />to, the Customer’s voter registration system, non-Hart election management system, early voting validation system, non-Hart
<br />election systems, absentee envelope management systems, or other like systems, Hart will not be responsible for proper
<br />operation of any Software that interfaces with the third party software should such third party software be updated, replaced,
<br />modified, or altered in any way. Hart will also not be responsible for the proper operation of any Software running on Custo mer’s
<br />computer equipment, should Customer install a new computer operating system on said equipment without advising Hart of such
<br />changes and receiving Hart’s written approval. Hart will not be responsible for th e proper operation of any Software should it be
<br />configured or operated in any manner contrary than that described herein. Professional Services and associated costs may be
<br />required in those situations where the Customer requests Hart’s review and approval of any system changes outside the origina l
<br />system specifications at the time of the original acceptance date of this Agreement. Hart reserves the right to charge for repairs
<br />on a time-and-materials basis at Hart’s then-prevailing rates, plus expenses, and for replacements at Hart’s list prices caused by
<br />these exclusions from warranty and support 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
<br />PARTIES TO CUSTOMER. If Hart sells, licenses, or sublicenses any Third Party Hardware or Sublicensed Software to
<br />Customer, Hart will pass through to Customer, on a nonexclusive basis and without recourse to Hart, any third-party
<br />manufacturer’s warranties covering the equipment or software, but only to the extent, if any, permitted by the third -party
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