Warranty

Limited Warranty
Soter Technologies, including affiliates and subsidiaries under Soter Technologies’
common control (“Soter Technologies”), warrants to the End-User Customer as follows:
Definitions
• “End-User Customer” means the original user of the Product.
• “Hardware” means the physical, tangible Product purchased from Soter
Technologies.
• “Product” means Soter Technologies branded Hardware

Hardware Warranty
Unless otherwise stated by Soter Technologies in the Product warranty exceptions list
or in a sales agreement between Soter Technologies and End-User Customer, Hardware is warranted for a period of ten (10) years from date of shipment from Soter Technologies or, with proof of purchase, from the purchase date whichever is later, against defects in workmanship and materials, provided the Hardware remains unmodified and is operated under normal and proper conditions and in accordance with Soter Technologies published specifications. The sole obligation of Soter Technologies for defective Hardware is limited to repair or replacement (at Soter Technologies’ sole discretion) on a “return to service depot” basis with Soter Technologies’ prior authorization. End-User Customer is responsible for shipment to Soter Technologies and assumes all costs and risks associated with this transportation. Soter Technologies shall be responsible for return shipment to End-User Customer, unless Soter Technologies, in Soter Technologies’ sole and absolute discretion, determines that the corresponding Hardware has no defect or is not under warranty, in which case End-User Customer shall be responsible also for return shipment. No charge will be made to End-User Customer for warranty repairs. No technical support shall be provided during the Hardware warranty term other than to identify if a warranty repair is needed. Warranty repair shall be performed in a good and workmanlike manner. The repair shall conform in all material respects to the applicable Soter Technologies published specification for a period of thirty (30) days following completion of the repair or until the end of the original warranty period, whichever is longer. End-User Customer’s sole and exclusive remedy in regard to warranty repair shall be to request Soter Technologies to re-perform the non-conforming warranty repair.

The above warranty provisions are not transferrable by an End-User Customer and shall not apply to any Product (i) that has been repaired, tampered with, altered or modified, except by Soter Technologies or its authorized repairer providers; (ii) to the extent that in Soter Technologies’ sole determination the defects or damage result from normal wear and tear, misuse, negligence, improper storage, water or other liquids including contamination with bodily fluids, battery leakage, use of parts or accessories not approved or supplied by Soter Technologies or failure to perform operator handling and scheduled maintenance instructions supplied by Soter Technologies; or (iii) that has
been subjected to unusual physical or electrical stress, abuse, or accident, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the applicable specification.

EXCEPT FOR THE EXPRESS WARRANTIES STATED ABOVE, SOTER TECHNOLOGIES DISCLAIMS ALL WARRANTIES AND CONDITIONS ON
HARDWARE OR WARRANTY REPAIR FURNISHED, INCLUDING ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR USE OR PURPOSE AND THAT WARRANTY REPAIR WILL MEET YOUR REQUIREMENTS, THAT THE PROVISION OF WARRANTY REPAIR WILL BE UNINTERRUPTED, PRIVATE, TIMELY, SECURE, ACCURATE OR ERROR-FREE.. THE REMEDY SET FORTH IN THIS HARDWARE WARRANTY SECTION ABOVE IS END-USER CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR WARRANTY CLAIMS, AND IS EXPRESSLY IN LIEU OF ALL OTHER REMEDIES THAT MAY BE AVAILABLE TO END-USER CUSTOMER AT LAW OR IN EQUITY.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitation or exclusion may not apply to the particular End-User Customer.

SOTER TECHNOLOGIES SHALL NOT UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO ANY END-USER CUSTOMER OR ANY THIRD PARTY FOR LOSS OF PROFITS (DIRECT OR INDIRECT), ANY DESTRUCTION OR LOSS OF DATA (DIRECT OR INDIRECT), DIMINUTION OF GOOD WILL, OR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER WITH RESPECT TO ANY CLAIM IN CONNECTION WITH SOTER TECHNOLOGIES PRODUCTS.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the particular End User Customer.

FOR TRANSACTIONS IN AUSTRALIA AND NEW ZEALAND, THE TERMS IN THIS WARRANTY STATEMENT, EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT, OR MODIFY, AND ARE IN ADDITION TO, THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF PRODUCTS TO SUCH END-USER CUSTOMERS.

Soter Technologies, LLC – Confidential Restricted Revision 2.0