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procedures for rafted Equipment shall be provided based on the Depot option - Depot Exchange or Depot Repair - selected by Customer on the
<br />applicable Order Form and as spedpad herein and In Irronos' du current Support Services Policies. Service packs for the Equipment (as
<br />described in subsection (b) below) are included in both Depot Exchange and Depot Repair Support Services.
<br />(1) Depot Exchange: Kronos will provide a replacement for the failed Equipment at the FRU or subassembly level on an "advanced exchange"
<br />basis, utlfb tg a carrier of Kranos' duke. Replacement Equipment will be shipped the same day, for delivery to Customer's location as further
<br />described In the Support Policies. REPLACEMENT EQUIPMENT MAY BE NEW OR RECONDITIONED, Customer shall specify the address to
<br />wttidt the Equipment Is to be shipped. Ail shipments whit include the Kramm provided RMA designaft the applicable Krona Depot Repair
<br />Center. as the radplent Customer, upon recelpt of the replacement Equipment from Kronos, shall package the defective Equipment In the
<br />materials provided by Kronor, with the RMA supplied and promptly retum failed Equipment directly to Kranos.
<br />(H) Vepof Repair Upon failure of installed Equipment, Customer shad Install a Spare Product to replace the failed Equipment. Customer shall then
<br />return the failed Equipment, with the "[red RMA, to the applicable Kronos Depot Repair tenter. Customer shall make reasonable efforts to
<br />return the failed Equipment using the same or substantially similar packing materials In which the original Equipment was sent. Customer shall
<br />also specify the address to which the repaired Equipment should be return shipped. Upon receipt of the failed Equipment, Kronos shall repair the
<br />filled Equipment and strip it, within ten (10) business days after receipt, to Customer. Kronor shall ship the repaired Equipmenl by regular surface
<br />transportation to Customer.
<br />Kronos warrants that all repairs performed under the Agreement shall be performed in a professional and competent manner. In the event of a
<br />breach of this warranty, the exclusive remedy of Customer rand sole liability of Kronos shall be replacement of the repalred Equipment
<br />11.4 EQUIPMENT SERVICE PACK SUPPORT SERVICE DESCRIPTION
<br />If Customer purchase the Equipment service packs support, Kronos manufactured terminals specified on an Order, Customer shall be entitled to
<br />receive.,
<br />(1) Service packs for the EgUipmerd (which may contain system software updates, firmware updates, security updates, and feature
<br />enhancements) available for download at Kronos' customer portal; and
<br />(ill) Access to the Kronos Support Services Center for the kngging of requests for assistance downloading service packs for the Equipment
<br />Service packs for the Equipment arc not installed by the Kronos Depot Repair Center but are available for download at Kroras' customer portal,
<br />provided Customer Is maintaining the Equipment under an annuat Equipment Support Servloes plan with Knms.
<br />Kronos warrants that all service packs and firmware updates provided under this Agreement shalt malsdally perform In accordance with the
<br />Kmnos published specifications for a pedod of ninety (90) days after download by Customer. in the avant of a breach of this warranty, Customer's
<br />exclusive remedy shall be Kronos' repair or replacement of the darkdent service pack(s) or firmware update(s), at Kronos' option, provided that
<br />Customer's use, installation and maintenance thereof have conformed to the spedReatons.
<br />11.5 RESPONSIBILITIES OF CUSTOMER
<br />Customer agrees that It shall return Palled Products prompliy as the failures occur and that It shall not hold failed Products and send faHad Product
<br />to Kronor in "belches" which shall result In a conger turnaround time and surnftarga to Customer. In addition, Customer agrees to;
<br />(a) Maintain the Products in an environment conforming to Kronos' publlshed specifications for such Products:
<br />(b) De -install all failed Products and Install all replacement Products In aocordance with Krortas' published Inst0aton guidelines;
<br />(c) Ensure that the Product(s) are returned to Kmnos properly packagad; and
<br />(d) Obtain an RMA before returning any Product to Kronos and place the RMA clearly and conspicuously on the outside of the shipping page.
<br />Customer may only return the spedfrc Product authorized by Kmnos when Issuing the RMA,.
<br />11.0 SUPPORT EXCLUSItM
<br />Depot Support Service does not Include the replacement of'consumables". In additiont, Depot Support Service does not hrKlade the repair of
<br />damages, and Customer will not attempt to retum damaged Product, resulting from:
<br />(a) Any cause external to the Products including, but not [knifed to. electrical work, tire, good, water, wind, lightning, transportation, or any act of
<br />(Cod;
<br />(b) Customer's failure to continually pmvlde a suitable lnsfaraton environment (as Indlcaled In Kronos' published Installation guidelines) indxding,
<br />tort not limited to, adequate electrical power;
<br />(c) Customers Improper use, rerlocation, packaging, refinishing, management or supervision of the Produd(s) or other failure to use Products In
<br />accordance with Kranos' published specifications;
<br />(d) Customer's use of the Products for purposes other than those for which they are designed or the use of accessories or supplies not approved
<br />by Kronos;
<br />(e) Government Imposed sanctions, rules, regulations or laws preventing the shipment of the Products; or
<br />(1) Customer's repair, attempted repair or modlfk allan of the Products.
<br />Professional services provided by Kronos in connection with the Installation of any Software or firmware upgrades, If available, and if requested by
<br />Customer, are not covered by Depot Support Services. Firmware (Including equipment service packs) which may be avallairte to resolve a
<br />Product issue is not installed by the Icons Depot Repair Center but Is available for download at Kronos' customer web site provided Customer Is
<br />maintaining tine Product under an annual Depot Support Services plan with Kronas.
<br />11.1 WARRANTY
<br />(a) Depot Repair and Exchange warranty: Kronas warrants that all repairs performed under this Section 8 shall be performed In a proferssion al
<br />and competent manner.
<br />(b) Services Pack support Warranty: Krona warrants that all service packs and firmware updates provided under this Section 8 shall materially
<br />perform hi accordance with true Kmnos published specifications for a period of ninety (90) days afterdowtioad by Customer. In the event of a
<br />breach of this warranty, Customer's remedy shall W Kronos' repair or replacement of the deficient service pack($) or firmware update(s), at Kronos'
<br />option, provided that Customer's use, Installalon and maintenance thereof have conformed to the specifications.
<br />11.0 LIMfTATiON OF REMEDIES
<br />To the extent permitted by law, the remedy of Customer and liability of Krones stnaM be replacement of the repaired ProducL
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