Hardware Warranty

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, Reseller or Customer shall remove the affected camera from the mounting structure and ship it to Kuva. With respect to Kuva towers, Kuva may, in its reasonable discretion, require return of allegedly defective component(s) before shipping replacement component(s). Kuva will ship a replacement for the affected camera to Reseller or Customer, and Reseller or Customer is responsible for installing the replacement camera. Reseller or Customer must return the defective Hardware to Kuva in its original packaging as provided upon initial delivery, if still available, or comparably protective packaging, within two (2) weeks. 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.

Software and Platform Warranty

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.

Warranty Disclaimer

SUBJECT TO THE FOREGOING WARRANTIES IN THIS SECTION 6, 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.