Support

In the case of failure of the Kuva Hardware to function substantially in  accordance with this Agreement during the first twelve (12) months of  operation following installation (the “Warranty Period”), Kuva will ship  a replacement of the affected Hardware component after Reseller’s or  Customer’s notification to Kuva of the product failure, to Reseller’s or  Customer’s site as requested, at no charge (other than applicable  shipping charges) unless such failure is due to Reseller’s or Customer’s  negligence or willful misconduct, lack of communication or power (in  case of camera), or a force majeure event. If a replacement product or  component of the Kuva Hardware is required, once the Kuva replacement  hardware has been received, Kuva trained and certified personnel shall  remove the affected hardware from the mounting structure and must ship  it to Kuva using the replacement hardware packaging, within two (2)  weeks. With respect to Kuva towers, Kuva may, in its reasonable  discretion, require return of allegedly defective component(s) before  shipping replacement component(s). If the Kuva Hardware fails to  function substantially in accordance with this Agreement after the  expiration of the Warranty Period, Kuva will repair such Hardware, or,  if necessary, send a replacement, for a fee, subject to Customer’s prior  approval. Customer is responsible for all shipping costs, inbound and  outbound.

Kuva represents and warrants to Customer that the Kuva Platform will be  suitable for the purpose and use for which it is ordinarily employed and  conform to any specifications or documentation set forth in this  Agreement. Kuva will use commercially reasonable efforts to make the  Kuva Platform accessible to Customers twenty-four (24) hours a day,  seven (7) days a week. Kuva represents and warrants that to the extent  Kuva personnel perform reviews of Customer data, such personnel will  possess appropriate skill and qualifications to perform such reviews and  will be bound by written confidentiality/non-disclosure provisions. The  Platform may be inaccessible or inoperable for various reasons,  including without limitation causes beyond the reasonable control of  Kuva, including interruption or failure of telecommunication networks  (which may include cellular networks or customer-owned networks) or  third-party cloud services (“Downtime”). Kuva shall use commercially  reasonable efforts to provide advance notice in the event of any  scheduled Downtime.

SUBJECT TO THE FOREGOING WARRANTIES IN THIS SECTION, ALL COMPONENTS OF  THE KUVA OFFERING ARE SOLD OR LICENSED AS IS AND KUVA HEREBY DISCLAIMS  ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING BY  CUSTOM, TRADE USAGE, OR COURSE OF DEALING, INCLUDING WITHOUT LIMITATION  ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR  PURPOSE. NEITHER THE KUVA OFFERING NOR ANY COMPONENTS THEREOF ARE  DESIGNED TO BE, OR SHOULD BE USED AS, A GAS SAFETY SYSTEM. Kuva shall  have no liability for, and Reseller and/or Customer are solely  responsible for, installation of the Kuva Offering in compliance with  all applicable laws. Kuva shall have no liability for malfunctions  resulting from or caused by (a) alterations or modifications to the Kuva  Offering by anyone other than Kuva; (b) misuse or neglect of the Kuva  Offering by Reseller or Customer; (c) the combination or use of the Kuva  Offering with hardware or software not supported by Kuva to the extent  that the Kuva Offering is not a direct cause of the malfunction(s); or  (d) the failure by a Customer to timely accept updates available from  and provided by Kuva.