SHJ26-002 - Guardian RFID System Agreement Renewal - FULLY EXECUTED

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® GUARD ANRF/D (ii) GUARDIAN RFID has no actual knowledge that the GUARDIAN RFID Software Materials infringe or misappropriate any patent, trademark, copyright, or any trade secret or proprietary right of any person or entity. (b) Condition of Hardware. GUARDIAN RFID represents to the Customer that, at the time of delivery, any purchased Hardware will be new and unused, and that the Customer will acquire good and clear title to such Hardware, free and clear of all liens and encumbrances. 10. WARRANTIES (a) GUARDIAN RFID Software. (i) GUARDIAN RFID warrants to the Customer that, during the Term of this Agreement, the GUARDIAN RFID Software will operate in accordance with and otherwise conform to the Documentation, provided that (A) no party other than Authorized GUARDIAN RFID Personnel has altered any portion of the GUARDIAN RFID Software, (B) the GUARDIAN RFID Software is operated on the Hardware, and (C) the Customer has met its obligations under Section 11. (ii) In the event of a claim by the Customer under this GUARDIAN RFID Software warranty, which claim should be made by notice to GUARDIAN RFID specifying with reasonable particularity the claimed non -conformity (a "Notice of Non -Conformity'), GUARDIAN RFID will use reasonable efforts to correct the non -conformity. If within sixty (60) days after receipt of the Notice of Non -Conformity from the Customer, GUARDIAN RFID shall not have either corrected the non -conformity or, in the case of a non -conformity which cannot be corrected in sixty (60) days, begun in good faith to correct the non -conformity, then the Customer's sole remedy under this warranty is to terminate the Agreement in accordance with the provisions of Section 15(d), in which case the Notice of Non -Conformity sent by the Customer pursuant to this Section will be deemed to be the notice required by Section 15(d). In no circumstances will GUARDIAN RFID be obligated to provide a refund of fees paid under the Agreement or be obligated to accept the return of Hardware or other products purchased from GUARDIAN RFID. (b) Hardware. GUARDIAN RFID will be solely responsible for processing and managing all Hardware warranty claims during the Term of this Agreement. All coverage periods for purchased Hardware begin on the latest to occur of (1) the Effective Date or (2) the date the Hardware is purchased, and ends on the earliest to occur of (1) the end of the warranty period provided in this Section applicable to such Hardware or (2) the date this Agreement expires or is terminated. The Customer will contact GUARDIAN RFID in accordance with Section 6(c) for all Hardware -related issues. After receiving a Hardware -related warranty request, GUARDIAN RFID will provide instructions to the Customer to follow for facilitating a repair or replacement. Repairs and replacements may take up to twenty (20) business days from the date of the request is received by GUARDIAN RFID until the product is returned to the Customer. Unless a specific item of Hardware is explicitly listed as being covered by a warranty in this Section 10(b), it will not be covered by any warranty except that such Hardware will be replaced if it is defective upon arrival. The Hardware warranties are as follows: (i) Three -Year Warranty. GUARDIAN RFID provides a complimentary, standard three-year premium care warranty that includes accident protection coverage for certain purchased Hardware. If that Hardware malfunctions or breaks, GUARDIAN RFID will cover the cost to repair or replace that Hardware during that three-year warranty period. The Hardware that is covered by this three-year warranty has "Three -Year" in the "Warranty" column of the quote provided in Addendum A. GUARDIAN RFID System Agreement Renewal 110 ©2020 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprietary. (Rev. 712020)