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Docusign Envelope ID: C98C7CB5-844F-4A19-B309-53909B4AE967
<br />AXON
<br />Axon Enterprise, Inc.'s TASER
<br />Energy Weapon Agreement
<br />functioning units, through Axon's warranty return process. Axon will repair or replace the unit with a
<br />replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in
<br />accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the event
<br />Agency does not utilize Spare Axon Devices for the intended purpose.
<br />6.4. Limitations. Axon's warranty excludes damage related to: (a) failure to follow Axon Device use
<br />instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c)
<br />abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired
<br />or modified by persons other than Axon without Axon's written permission; or (f) Axon Devices with a
<br />defaced or removed serial number. Axon's warranty will be void if Agency resells Axon Devices.
<br />6.4.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon
<br />disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or
<br />implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties
<br />are limited to the duration of the warranty described above and by the provisions in this
<br />Agreement.
<br />6.4.2. Axon's cumulative liability to any Party for any loss or damage resulting from any claim,
<br />demand, or action arising out of or relating to any Axon Device or Service will not
<br />exceed the purchase price paid to Axon for the Axon Device, or if for Services, the
<br />amount paid for such Services over the 12 months preceding the claim. Neither Party
<br />will be liable for direct, special, indirect, incidental, punitive or consequential damages,
<br />however caused, whether for breach of warranty or contract, negligence, strict liability,
<br />tort or any other legal theory.
<br />6.5. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and
<br />MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at
<br />www.axon.com/sales-terms-and-conditions.
<br />6.6. Third -Party Software and Services. Use of software or services other than those provided by Axon
<br />is governed by the terms, if any, entered into between Agency and the respective third -party provider,
<br />including, without limitation, the terms applicable to such software or services located at
<br />www.axon.com/sales-terms-and-conditions, if any.
<br />6.7. Axon Aid. Upon mutual agreement between Axon and Agency, Axon may provide certain products
<br />and services to Agency, as a charitable donation under the Axon Aid program. In such event, Agency
<br />expressly waives and releases any and all claims, now known or hereafter known, against Axon, and
<br />its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively,
<br />"Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data,
<br />arising out of or attributable to the Axon Aid program whether arising out of the negligence of Axon or
<br />any Releasees or otherwise. Agency agrees not to make or bring any such claim against Axon or any
<br />other Releasee, and forever release and discharge Axon and all other Releasees from liability under
<br />such claims. Agency expressly allows Axon to publicly announce its participation in Axon Aid and use
<br />its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately
<br />upon notice to the Agency.
<br />7. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
<br />8. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency
<br />or making the same change to Axon Devices and Services previously purchased by Agency.
<br />9. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of
<br />Agency's purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote
<br />due to a delay of availability or Agency's election not to utilize any portion of an Axon bundle.
<br />10. Insurance. Axon will maintain General Liability, Workers' Compensation, and Automobile Liability insurance.
<br />Upon request, Axon will supply certificates of insurance.
<br />11. IP Rights. Axon owns and reserves all right, title, and interest in Axon -manufactured Devices and Services
<br />and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon
<br />proprietary rights to be violated.
<br />Title: Axon Enterprise, Inc.'s TASER Energy Weapon Agreement Page 3 of 11
<br />Department: Legal
<br />Version: 1.0
<br />Release Date: 3/2/2023
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