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have operated properly. TASER- Manufactured Accessories are covered under a limited <br />90 -DAY warranty from the date of receipt. Non -TASER manufactured accessories are <br />covered under the manufacturer's warranty. If TASER determines that a valid <br />warranty claim is received within the warranty period, TASER agrees to repair or <br />replace the Product. TASER's sole responsibility under this warranty is to either repair <br />or replace with the same or like Product, at TASER's option. <br />5.2 Warranty Limitations. <br />5.2.1 The warranties do not apply and TASER will not be responsible for any <br />loss, data loss, damage, or other liabilities arising from: (a) damage <br />from failure to follow instructions relating to the Product's use; (b) <br />damage caused by use with non -TASER products or from the use of <br />cartridges, batteries or other parts, components or accessories that are <br />not manufactured or recommended by TASER; (c) damage caused by <br />abuse, misuse, intentional or deliberate damage to the product, or <br />force majeure; (d) damage to a Product or part that has been repaired <br />or modified by persons other than TASER authorized personnel or <br />without the written permission of TASER; or (e) if any TASER serial' <br />number has been removed or defaced. <br />5.2.2 To the extent permitted by law, the warranties and the remedies set <br />forth above are exclusive and TASER disclaims all other warranties, <br />remedies, and conditions, whether oral or written, statutory, or <br />implied, as permitted by applicable law. If statutory or implied <br />warranties cannot be lawfully disclaimed, then all such warranties are <br />limited to the duration of the express warranty described above and <br />limited by the other provisions contained in this Agreement. <br />5.2.3 TASER's cumulative liability to any Party for any loss or damage <br />resulting from any claims, demands, or actions arising out of or relating <br />to any TASER product will not exceed the purchase price paid to TASER <br />for the product or if for services, the amount paid for such services over <br />the prior 12 months preceding the claim. In no event will either Party <br />be liable for any direct, special, indirect, incidental, exemplary, <br />punitive or consequential damages, however caused, whether for <br />breach of warranty, breach of contract, negligence, strict liability, tort <br />or under any other legal theory. <br />5.3 Warranty Returns. If a valid warranty claim is received by TASER within the warranty <br />period, TASER agrees to repair or replace the Product which TASER determines in its <br />sole discretion to be defective under normal use, as defined in the Product instructions. <br />TASER's sole responsibility under this warranty is to either repair or replace with the <br />same or like Product, at TASER's option. <br />5.3.1 For warranty return and repair procedures, including troubleshooting guides, <br />please go to TASER's websites w .t rw„ rn _ rt,.or www.evidert <br />as indicated in the appropriate product user manual or quick start guide. <br />5.3.2 Before delivering product for warranty service, it is the Agency's responsibility <br />to upload the data contained in the product to the EVIDENCE.com services or <br />download the product data and keep a separate backup copy of the contents. <br />TASER is not responsible for any loss of software programs, data, or other <br />information contained on the storage media or any other part of the product <br />services. <br />Title: Evidence.com Master Service Agreement with Exhibits Page 4 of 27 <br />Department: Legal <br />Version: 11.0 <br />Release Date: 7/31/2015 <br />