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Master Services and Purchasing Agreement
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<br /> Title: Master Services and Purchasing Agreement between Axon and Agency
<br /> Department: Legal
<br /> Version: 12.0
<br /> Release Date: 12/18/2020 Page 39 of 49
<br />Product End of Life Policy, which is available at https://support.skydio.com/hc/en-
<br />us/articles/360057153714, and is hereby incorporated by reference herein.
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<br />15 Limited Warranty. The only warranty that Skydio provides with respect to any Skydio products or
<br />services is the written limited warranty statement provided with the products or services or as
<br />otherwise set forth at https://skydio.com/warranty-terms ( “Limited Warranty”).
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<br />16 Limitations. Any use of the Skydio Hardware and Software, including any reliance upon or use of
<br />any of the information generated thereby, shall be at Customer’s and its authorized users’ sole risk.
<br />Except as expressly set forth in the Limited Warranty and to the extent permitted by law, the
<br />Products are provided “as is” and “as available” without warranty of any kind (all of which are hereby
<br />disclaimed), whether express, implied or statutory, including the implied warranties of
<br />merchantability, fitness for a particular purpose, or non-infringement. If statutory or implied
<br />warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the
<br />warranty set forth in the Limited Warranty and by the provisions in this Agreement. Skydio’s
<br />cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action
<br />arising out of or relating to any Skydio Products or any service will not exceed the amounts paid by
<br />Customer in the 12 months prior to the action giving rise to the liability. Neither Party will be liable
<br />for direct, special, indirect, incidental, punitive or consequential damages, however caused,
<br />whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.
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<br />17 Safety and Compliance. Customer and Customer’s authorized users agree to use the Skydio
<br />Hardware only in a manner that complies with all laws. Customer shall ensure that it and its
<br />authorized users operate product in accordance with the information and warnings set forth at
<br />https://www.skydio.com/safety (the “Safety and Operating Guide”). Customer acknowledges that
<br />improper operation of the unmanned aircraft systems may cause injury to persons or property.
<br />Customer shall at all times comply with all applicable local, state, national, and international laws
<br />and regulations related to the operation of unmanned aircraft systems in any territory of operation,
<br />including any applicable laws and orders with regard to privacy, pilot licensure, operating within
<br />visual line of sight (unless the Customer has received proper approval from a civil aviation authority
<br />waiving such limitation), detecting and avoiding other aircraft, and airspace restrictions (such as
<br />temporary flight restrictions issued by Federal Aviation Administration or other appropriate
<br />government agencies). Customer shall obtain and maintain all necessary licenses, consent, and
<br />authorizations of any kind necessary to operate unmanned aircraft systems.
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<br />18 Feedback. If Customer or Customer’s authorized users send Skydio comments, suggestions,
<br />ideas, materials, notes, drawings, concepts or other information (collectively, “Submissions”),
<br />Customer and Customer’s authorized users (as applicable) grant to Skydio a worldwide, non -
<br />exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use, copy,
<br />modify, publicly display, publicly perform, distribute and otherwise exploit the Submissions. None
<br />of the Submissions shall be subject to any obligation of confidentiality on Skydio’s part, and Skydio
<br />shall not be liable for any use or disclosure of any Submissions.
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<br />19 Privacy. Skydio shall, in providing the Products, comply with Skydio Privacy Policy to the extent
<br />that Customer provides Skydio with personally identifiable information.
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<br />20 Mapbox Terms. The Mobile App uses features and content provided by Mapbox, such as maps
<br />and locations on a map. Use of any such Mapbox features and content is subject to the then-current
<br />version of Mapbox’s terms and privacy policy, which can be found at
<br />https://www.mapbox.com/legal/tos/ , including the Mapbox Government Terms of Service, which
<br />can be found at https://www.mapbox.com/legal/usg-tos, and you hereby agree to comply with such
<br />terms. You can opt out of location telemetry reporting pursuant to such terms.
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<br />21 Services. In accordance with this Agreement, so long as Customer timely pays all amounts owed
<br />hereunder, Skydio shall render to Customer, during the applicable Skydio License Term of each
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