Glooko AB Hardware Terms and Conditions

The below appearing terms (the “Terms”) supplement the master agreement entered into with Glooko AB (the “Company”), or any other agreement entered into with Company upon which the above hyperlink appears (each a “Master Agreement”). The Terms, as may be updated by Company from time to time, form an integral part of the Master Agreement and are expressly incorporated into and governed by such Master Agreement. Unless otherwise indicated below, capitalized terms used herein have the meanings ascribed to them in the Master Agreement. These Terms shall apply to Company’s provision of the services or deliverables described hereunder at all times.

1. Retention of Title. Company retains full legal right and title to and complete ownership of the Hardware notwithstanding the delivery to and possession and use of such Hardware by the Client hereunder. The Client is not permitted to resell, lease, rent, distribute, transport from its premises or in any other way make any parts of, or the entire Hardware, available to any third parties. Client shall at its own cost and at its own risk return any hardware upon termination of the Agreement or any applicable Order Form.

2. Use of Hardware. The use of the Hardware is subject to the availability and the operational limitations of the requisite equipment and associated facilities. For Hardware that is dependent upon cellular reception such Hardware may not work or may work partially in certain areas where reception is low.

3. Remedy in Case of Defect Hardware. In case of a Hardware being defect, Company’s sole and exclusive liability, and Client’s sole and exclusive remedy, shall be repair and/or replacement of the Hardware, as determined by Company in its sole discretion. Company shall be responsible for all shipping costs incurred in connection with returns or replacements under this Section. This remedy is personal to the Client. This remedy is conditioned on Client: (i) promptly notifying Company of the defect; and (ii) complying with any Company instructions or requests regarding Company’s repair or replacement of the Company Hardware, when applicable.

The right to remedy according to this Section does not cover:

(i) Use of the Hardware outside of or in contradiction to the instructions provided by Company;

(ii) Defects or damage from improper installation, operation, testing, maintenance, adjustment, or service, repair or modification by Client or a third-party;

(iii) Acts of God, accident, negligent use or misuse, abuse, cosmetic damage resulting from normal use, or any other cause other than ordinary use;

(iv) Improper storage or operating environment, excessive or inadequate heating or air conditioning, electrical power failures, surges, electrical or electromechanical stress, water damage or other irregularities;

(v) the use of the Hardware in conjunction with accessories, ancillary products, and peripheral equipment or unauthorized third-party software or software drivers; or

(vi) Hardware which has been taken apart physically or which has had any of its software accessed in an unauthorized manner.

4. DISCLAIMER OF WARRANTIES. EXCEPT AS SET FORTH IN SECTION 3 DIRECTLY ABOVE, COMPANY MAKES NO WARRANTIES REGARDING THE HARDWARE, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE HARDWARE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COMPATIBILITY OR SECURITY. COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE HARDWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALL DEFECTS AND ERRORS IN THE HARDWARE WILL BE CORRECTED, OR THAT THE HARDWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. COMPANY DOES NOT PROVIDE ANY WARRANTIES REGARDING THE ACCURACY OF DATA OR INFORMATION PROVIDED BY THIRD PARTIES. THE HARDWARE IS NOT DESIGNED, MANUFACTURED, DELIVERED OR INTENDED FOR ANY USE WHERE FAILURE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. CLIENT ASSUMES RESPONSIBILITY FOR THEIR SELECTION TO ACHIEVE ITS INTENDED RESULTS, AND FOR THEIR INSTALLATION, USE, AND RESULTS OBTAINED THEREFROM.