Glooko, Inc. Hardware Terms and Conditions

The below appearing terms (the “Terms”) supplement the master agreement entered into with Glooko, Inc. (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. Risk of Loss. The Hardware is purchased by the Client. The risk of loss for the Hardware passes to Client upon Company’s delivery of the Hardware to the third-party carrier for shipment to Client. Fees for shipping and handling, and any insurance for the Hardware while in transit to Client, are the express responsibility of Client.

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. Limited Warranty. Company warrants to Client that from the date of purchase the Hardware shall be free from defects in material and workmanship for twelve (12) months. Company’s sole and exclusive liability, and Client’s sole and exclusive remedy under this limited warranty, 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 limited warranty is personal to the Client. Any sale, rental or other transfer or use of products covered by this warranty to or by a person other than the original user shall cause this limited warranty to immediately terminate. This limited warranty 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. This limited warranty 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;

(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 OTHER 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.