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DocuSign Envelope lD : 6A0 1 9206- 47 F7 -47 1D-A9E6-FC93997A2098
<br />AAXON Master Services and Purchasing Agreement
<br />8
<br />7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards
<br />to maintain the Services in a mannerwhich minimizes errors and interruptions in the Flock
<br />Services. Flock Services may be temporarily unavailable for scheduled maintenance or
<br />for unscheduled emergency maintenance, either by Flock or by third-party providers, or
<br />because of other causes beyond Flock's reasonable control, but Flock shall use reasonable
<br />efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
<br />7.4 Disclaimer. THE REMEDY DESCRIBED lN sECTloN 7.1 ABovE ts cusroMER's
<br />SOLE REMEDY, AND FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE
<br />HARDWARE AND/OR EMBEDDED SOFTWARE THE FLOCK DOES NOT WARRANT
<br />THAT THE FLOCK SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR
<br />DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
<br />FROM USE OF THE FLOCK SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN
<br />THIS SECTION, THE FLOCK SERVICES AND INSTALLATION SERVICES ARE
<br />PROVIDED "AS IS'' AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR
<br />IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
<br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-
<br />INFRINGEMENT.
<br />7.5 Force Majeure. Flock Safety is not responsible nor liable for any delays or failures in
<br />performance from any cause beyond its control, including, but not limited to acts of God,
<br />changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes,
<br />floods, power blackouts, strikes, weather conditions or acts of hackers, internet service
<br />providers or any other third party or acts or omissions of Customer or any Authorized End
<br />User.
<br />Limitation of Liabilitv and lndemnitv.8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK
<br />AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND
<br />TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES,
<br />CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH
<br />RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND
<br />CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT
<br />LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR
<br />INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR
<br />CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OF
<br />SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B)
<br />FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
<br />DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK,S ACTUAL KNOWLEDGE OR
<br />REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY
<br />TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE
<br />WITH THE FBI DATABNSE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY
<br />INFORMATION MADE lN GOOD FAITH; OR (E) FOR ANy AMOUNTS THAT,
<br />TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE
<br />FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE FLOCK
<br />SERVICES UNDER THIS AGREEMENT lN THE TWELVE (12) MONTHS pRtOR TO THE
<br />ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK
<br />HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF
<br />AN EMERGENCY, CUSTOMER SHOULD CONTACT 91 1 AND SHOULD NOT RELY ON
<br />THE FLOCK SERVICES.
<br />8.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability
<br />for the acts and omissions of its own employees, deputies, officers, or agents, in connection
<br />with the performance of their official duties under this Agreement. Each Party to this
<br />Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees
<br />lrfle: Master Services
<br />Department: Legal
<br />Version: 12.0
<br />Release Dafe: 12/ IB/202O
<br />ano Purcnasrng Agreement Detween Axon and Agency
<br />Page 33 of 49
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