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Docusign Envelope ID:C98C7CB5-844F-4A19-B309-53909B4AE967
<br /> L� AXON 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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