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TASER <br />P R O T E C T L I F E <br />use with Evidence.com. This does not include any Third Party Applications, hardware <br />warranties, or the my.evidence.com services. <br />"Installation Site" means the Agency's location(s) where the Products are to be installed. <br />"Policies" means the Trademark Use Guidelines, all restrictions described on the TASER <br />website, and any other policy or terms referenced in or incorporated into this Agreement. <br />Policies do not include whitepapers or other marketing materials. <br />"Products" means all TASER equipment, software, cloud based services, Documentation and <br />software maintenance releases and updates provided by TASER under this Agreement. <br />"Quote" is an offer to sell, is valid only for products and services listed on the quote at the <br />prices on the quote. All Quotes referenced in this Agreement or issued and accepted after <br />the Effective Date of this Agreement will be subject to the terms of this Agreement. Any <br />terms and conditions contained within the Agency's purchase order in response to the Quote <br />will be null and void and shall have no force or effect. TASER is not responsible for pricing, <br />typographical, or other errors in any offer by TASER and TASER reserves the right to cancel <br />any orders resulting from such errors. TASER reserves the right to adjust prices or Products <br />in coordination with the Agency unless otherwise specified in the Quote. <br />"Resolution Time" means the elapsed time between TASER's acknowledgment of an issue <br />until the problem in the Services has been resolved, which does not include time delays <br />caused by the Agency or by third parties outside of TASER's reasonable control. <br />"Services" means all services provided by TASER pursuant to this Agreement. <br />"Agency Content" means software, data, text, audio, video, images or other Agency content <br />or any of the Agency's end users (a) run on the Evidence.com Services, (b) cause to interface <br />with the Evidence.com Services, or (c) upload to the Evidence.com Services under the Agency <br />account or otherwise transfer, process, use or store in connection with the Agency account. <br />3 Shinoina; Title; Risk of Loss; Resection. TASER reserves the right to make partial <br />shipments and products may ship from multiple locations. All shipments are E.X.W. via <br />common carrier and title and risk of loss pass to the Agency upon delivery to the San Marcos <br />Police Department located at 2300 S. San Marcos, Texas . The Agency is responsible for all <br />freight charges.. Shipping dates are estimates only. The Agency may reject nonconforming <br />Product by providing TASER written notice of rejection within 10 business days of receipt of <br />Product. Failure to notify TASER within the 10 day rejection period will be deemed as <br />acceptance of the Product. <br />4 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty <br />returns or as provided by state or federal law. <br />5 Warranties. <br />5.1 Hardware Limited Warranty. TASER warrants that its law enforcement hardware <br />products are free from defects in workmanship and materials for a period of ONE (1) <br />YEAR from the date of receipt. Extended warranties run from the date of purchase of <br />the extended warranty through the balance of the 1 -year limited warranty term plus <br />the term of the extended warranty measured after the expiration of the 1 -year limited <br />warranty. CEW cartridges and Smart cartridges that are expended are deemed to <br />Title: Evidence.com Master Service Agreement with Exhibits Page 3 of 27 <br />Department: Legal <br />Version: 11.0 <br />Release Date: 7/31/2015 <br />