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offered by Knmos. Training Points may be redeemed only during the Tenn at any time no more than tuvelve (12) months after the date of the
<br />appticatife Order Form, alter which time such Training Points shall expire and be of r►c value. Tralning Points may not be exchanged for other
<br />Kronos products or services.
<br />7.7 'Training Courses. When Impfementatton Services are described in the Services Implemenlatian Guideline rather then an SSS. as part of the
<br />Servion, far each SaaS appHcatkrt module Included In the Services purchased by Customer. Custamer's employees strait be entitled to attend. in
<br />the quantity Indicated, tha corresponding training courses set forth at- httpihvww.kroms.roar/producWsmtrsdugam wvrfdorca-canool.
<br />saasitraldn"ukf Ilnes.aspx
<br />Partkdpathn in such training courses Is, limited to the rrumber of spats Indicated for the courses corresponding to the modules forming a part of the
<br />Services purchased by Customer.
<br />8. CUSTOMER CONTENT
<br />Customer shall own all Customer Content and posts or other Inputs kilo the Servicas by Customer or others acting on behalf of or ammigh
<br />Customer. Kronor aria Wedges that all of use Customer Content Is deemed to be the Confidential Information of Customer. Notwithstanding the
<br />foregoing, Customer grants Krorws permission to combine CustonWs business data with that of other customers in a manner that does not
<br />kientify the Customer or any individual in order to evaluate and improve the services Kronos offers to customers and to disclose such aggregated
<br />information for its customers generally. in addition, Kronos may, but shall have no obligation to, monitor Customer Content from time to time to
<br />ensure compliance with this Section D and applicable law.
<br />9. EQUIPMENT
<br />It Customer purchases or rents Equlpment from Kroner, a desctiplfon of such Equipment (model and quantity), the applicable pricrng, and delivery
<br />terms shall be Rsted on the Order Form.
<br />9.1 The following terms apply only to Equipment Customer rents from Kronos:
<br />a) Rental Term and Warranty Period. The term of the Equipment rwW and the 'Warranty Period' for such Equipment shah run
<br />eotermhously with the Term of the other Services provided under this Sedkxh D.
<br />b) Insurance. Customer shall Insure the Equipment Wan amount equal to the replacement value of the Equipment for loss or damage by
<br />fire, theft, and all normal extended coverage at all times. No foss, theft or damage after shipment of the Equlpment to Customer shall rellerve
<br />Customerfrom Customer'sobllgatkms under this Section D.
<br />c) LocatorJRepolacernenL Customer shall not make any alterations or remove the Equipment from the place of original Installation wwmt
<br />Kfvnos' prior written consent, Kronos shall have the right to enter Customer's premises to Inspect the Equipment during normal bushes& hours.
<br />Kmnos reserves the right, at Its sate dLscretkxr and at no additional cost to Customer, to reptace any Equipment with newer or altemative
<br />technology Equipment as long as the replacement Equipment at least provides the same level of functionality as that being replaced.
<br />d) Ownership. All Equipment shall remain the property of Kronos. AIf Equipment Is, and at all times shall remain, separate Hems of
<br />personal property, rwtwllhstanding such Equipment's attachment to other equipment or real property. Customer shall not sail or ofhenMse
<br />encumber the Equipment. Customer shall ftmhhsh arty assurances, written or otherwise, reasonably requested by Kronos to give lull effect to the
<br />Intent of terms of this paragraph (d).
<br />e) Equipment Support Kronos shall provide to Customer the Equipment support services described In Section 7.
<br />0 Return of Equipment. Upon termination of the Services, Customer agrees that Customer shall return the Equipment to Kronos within
<br />thirty (30) days at Customers expense, Equipment will be rekmwd to Kronos In the same condition as and when received, reasonable wear and
<br />tear excepted, If Customer fats to return Equipment within this time period, upon receiving an Invoice from Krorm, Customer shall pay Kronos
<br />the Own list prfae of the unreturned Equipment_
<br />9.2 The following terms apply only to Equipment Customer purchases from Kronos:
<br />a) Ownership and Wamanty Period. 'Title to the Equipment shall pass to Customer upon delivery to the carrier. The `Warranty Period` for
<br />the Equipment shall be for a period of ninety (90) days from such delivery (unless otherwfse required by law).
<br />b) Equipment Support Kronos shall provide to Customer the Equipment support services described herein if purchased separately by
<br />Customer as Indicated on the applicable Order Form. If purchased, Equipment support services shall commence upon expiration of the Warranty
<br />Period.
<br />10. SERVICE. LEVEL AGREEMENT
<br />Krona shall provide the service levels and associated cecilts, when applicable, kin accordance with the Service Level Agreement attached hereto
<br />as Exhibit A and which Is hereby Incorporated heroin by reference. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY
<br />SERVICE OUTAGE or INTERRUPTION OF the SERVICES OR FAILURE BY KRONOS TO MEET THE TERMS OF the APPLICABLE service
<br />level agreement, SHALL BE THE REMEDIES PROVIDED IN exhibit A.
<br />11, LIMITED WARRANTY; DISCLAIMERS OF WARRANTY
<br />11.1 Kronos represents and warrants to Customer that the Applications, under normal operation as specified In the documentation and when
<br />used as authorized herein, wit perform substantially in accordance with such documentation during the Term.
<br />11.2 Kronos' sale obligation and Customer's We and exclusive remedy for any breach of the foregoing warranty is limited to Kronos' reasonable
<br />oommerdal efforts to correct the non-conformkhg Services at no additional c harrga to Customer. In the event that Krwos; Is urmbfs to cared
<br />material deficiencies in the Services arising during the Warranty Period, after using Kronos' commercially reasonable efforts to do so, Customer
<br />shag be entitled to terminate the then remaining Term of the Services far cause In accordance with Section 2 above as Customer's sole and
<br />exclusive remedy. Kronos' obligations hereunder for breach of warranty are conditioned upon Customer notifying Kronos of the material breach in
<br />writkty, and providing Kronos with suf ident evidence of such non-conformily to enable Kronos to reproduce or verify the same.
<br />11.3 Kranas warrants to Customer that each item of Equipment shall be free from defects In materials and workmanship during the Warranty Period.
<br />In the event of a breach of this warranty, Customers sole and exclusive remedy shag be Kroxmas' repair or replacement of the deficient Equipment.
<br />at irons' op ton, provided that Customer`s use, Installation and maintenance thereof have conformed to the documentation for such EquipmanL
<br />This warranty Is extended to Customer only and shall not apply to any Equlprn"t (or parts thereof) In the event of.
<br />a) damage, defects or malfunctions resulting from misuse, accident, neglect, tampering. (Including without Ilmllatlon modification or
<br />replacement of arty Kronos components an any boards supplied with the Equipment), unusual physical or electrical stress or causes other than
<br />normal and Intended use;
<br />b) fallure of Customer to provide and maintain a suitable Installation environment, as specified In fine published speafrcatons for such
<br />Equipment; or
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