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Permitted Users, and cannot be transferred or resold to another party. As the sole remedy for a
<br />violation of the Equipment Warranty, Mobile Citizen will, at its sole discretion, repair or replace the
<br />defective Equipment, or refund the purchase price of the Equipment. if such Equipment was paid
<br />for by a fiscal sponsor, such refund (if any) will be Issued to the fiscal sponsor. The replacement
<br />Equipment can be refurbished, new, or a similar, product, at Mobile Citizen's sole and absolute
<br />discretion. Replacement or refunds for defective Equipment are subject to Mobile Citizen's Return
<br />Merchandise Authorization (RMA) policies, which require the Customer to work with Mobile
<br />Citizen and Provider to troubleshoot potentially defective Equipment, and set forth requirements
<br />for returning defective Equipment. Mobile Citizen shall make its RMA policies available to
<br />Customer.
<br />The limited Equipment Warranty does not cover, and is void with respect to Equipment that has
<br />undergone, any of the following: (1) abuse, accident, physical damage, abnormal operation, bat-
<br />tery leakage, improper handling, neglect, unauthorized alteration, or improper storage; (11) cos-
<br />metic damage; (III) removal or alteration of warranty stickers or product serial numbers (the Equip-
<br />ment serial number must be legible for the Equipment Warranty to be valid); (Iv) signal reception
<br />problems (unless caused by defects in material and workmanship); (v) damage from fire, flood,
<br />acts of God or other acts which are not the fault of Mobile Citizen and which the Equipment is not
<br />specified to tolerate, Including damage caused by shipping; or(vi) any Equipment which has been
<br />repaired, modified, or altered by anyone other than Mobile Citizen.
<br />In addition, in order to receive the benefits of the Equipment Warranty, (1) the applicable Equip-
<br />ment must be subject to an active Subscription (not currently cancelled or suspended for any
<br />reason), (11) Provider must deem the Equipment defective, (111) Provider must provide and generate
<br />an Interaction ID (which must then be supplied to Mobile Citizen before defective Equipment is
<br />shipped back to Mobile Citizen), and (iv) defective Equipment must be returned to Mobile Citizen
<br />within the Warranty Period and in the manner detailed in the applicable Mobile Citizen RMA poli-
<br />cies.
<br />(c) Disclaimer of Warranties. MOBILE CITIZEN, ITS RELATED ENTITIES AND ITS SUPPLIERS,
<br />INCLUDING WITHOUT LIMITATION EBS SUPPORT SERVICES LLC AND ITS AFFILIATES
<br />(COLLECTIVELY, THE "MOBILE CITIZEN PARTIES"), MAKE NO WARRANTIES UNDER THIS
<br />AGREEMENT AND HEREBY DISCLAIM ALL WARRANTIES OR REPRESENTATIONS,
<br />EXPRESS OR IMPLIED WITH REGARD TO THE SERVICE AND THE EQUIPMENT,
<br />INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON -
<br />INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE
<br />AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE
<br />PRACTICE. ALL USE OF THE SERVICE AND EQUIPMENT IS AT THE PERMITTED USER'S
<br />OWN RISK. THE SERVICE AND EQUIPMENT ARE AVAILABLE ON AN "AS IS" AND "AS
<br />AVAILABLE" BASIS EXCEPT AS EXPRESSLY PROVIDED HEREIN,
<br />8. Support Services. Except as expressly set forth in this Agreement, Mobile Citizen shall have no
<br />obligations with respect to the Service. Customer is responsible for handling all billing, payment,
<br />collection, disputes and administrative matters related to Permitted Users. Except for any basic Tier
<br />1 technical support that Mobile Citizen may elect to provide, technical support requests will be routed
<br />to and are the responsibility of the Provider (collectively, the "Support Services"). Support Services
<br />are subject to Permitted Users' use of the Service and Equipment in accordance with this Agreement
<br />as well as, in the case of Equipment defects, the manufacturer's applicable warranty policy. Mobile
<br />Citizen or the Provider may need to access Equipment or related hardware or software in order to
<br />provide Support Services. Defective Equipment should be returned to the Provider as instructed by
<br />Mobile Citizen or the Provider. EACH MOBILE CITIZEN PARTY IS NOT RESPONSIBLE FOR THE
<br />10111UM4
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