WARRANTY & WARNINGS

WARRANTY

UPDATED: June 23, 2023

LIMITED WARRANTY

All products, software, and services (“Products”) provided by BLACK DIAMOND ADVANCED
TECHNOLOGY, LLC (“BDATECH”) or its authorized representatives are warranted in accordance
with the applicable limited warranty below (“Warranty”). The Warranty is effective only upon
payment in full for the Product(s) to be warranted and extends only to the original purchaser or, for
Products purchased from a BDATECH authorized integrator, reseller, dealer, or OEM to the original
end-user (as applicable, “Buyer”). No employee, agent, dealer, reseller, integrator, or other person is
authorized to modify, vary, or extend the Warranty or to assume for BDATECH any other liability in
connection with its Products.

BDATECH Manufactured Hardware:

Products manufactured by BDATECH are warranted to
conform to BDATECH’s written specifications at time of shipment from its factory and to be free
from defects in materials and workmanship under normal use in a typical operating environment
for a period of one (1) year from the initial date of shipment. BDATECH written specifications are
defined at http://www.bdatech.com, which establishes the limits of operation for the Products. Use
beyond specified limits constitutes Neglect/Abuse as specified herein. Display brightness may
degrade over time based on use and environmental conditions. Display light degradation, rate of
degradation and display brightness are not covered by this limited warranty.

BDATECH Developed Software:

BDATECH software is warranted to perform substantially in
accordance with the operational features of its published specifications as set out in the applicable
user manual when installed and used in accordance with the applicable manuals and end user
license agreement for a period of one (1) year from the earlier of date of initial shipment or initial
installation as applicable. BDATECH does not warrant that the function of the software will meet
Buyer’s requirements or that operation will be uninterrupted or error free. Buyer assumes
responsibility for selecting the software to achieve its intended results, for the use and results
obtained from the software, and for providing and maintaining current back-ups and industry
standard, updated, virus protection and firewall programs for all systems and data. Except as
expressly stated above, all software is provided “AS IS.”

Third Party Products & Accessories:

Products not manufactured or produced by BDATECH,
including without limitation third party software, end-user devices, accessories, attachments,
batteries, peripherals, adaptor cables, or mounting apparatuses provided or used in conjunction
with BDATECH’s Products, are warranted, if at all, only by the original manufacturer and only if and
to the extent set forth in the original manufacturer’s warranty. BDATECH will not be liable for any
damage or loss of any nature with respect to such third party Products, for failure of any such
supplier to perform under its warranty. Technical support for O/S (operating system) related
issues are available directly from the O/S manufacturer.

BDATECH Services:

BDATECH warrants that services provided by BDATECH will be performed in a
professional and workmanlike manner. Any claim for breach of this warranty must be reported
within fifteen (15) days from completion of the relevant services. Seller provides no warranty with
respect to any oral representations made by its personnel while performing services.

Limited Remedy:

The above warranty is limited:
1. In the case of BDATECH Manufactured Hardware, to exercise the warranty, Buyer
must obtain a Return Material Authorization from BDATECH and return the Product freight prepaid
to BDATECH’s designated repair facility within 7 days after receipt of the RMA number. Products
returned within the applicable warranty period and found to be defective by factory inspection will
be repaired or replaced, at BDATECH’s option and without charge, and returned to Buyer freight
prepaid. Any replacement of Products or components may be made by substitution of new,
serviceably used, or refurbished replacements reasonably comparable in function and performance
to the original part or product. The repaired or replaced Product is then warranted for the balance
of the original warranty period or thirty (30) days from date of shipment, whichever is longer.
Purchasing additional add-on products from BDATECH does not extend the Warranty period.
2. In the case of BDATECH Developed Software, to exercise the warranty, Buyer must
promptly notify BDATECH of any BDATECH software that materially fails to perform as warranted
during the warranty period, in sufficient detail so as to allow BDATECH to identify and reproduce
the error responsible for such material failure. If reproducible and not due to improper use of any
software, BDATECH’s only obligation, and Customer’s sole and exclusive remedy, shall be, at
BDATECH’s sole election, to (a) make available, free of charge, a new version of the software
without the error; or (b) correct the error free of charge. BDATECH owes no warranty obligations
and Customer is entitled to no remedy if BDATECH is unable to reproduce the error or to the extent
that the error is due to improper use of any software.
3. In the case of Third Party Products and Services, to the remedies provided in the
original manufacturer’s warranty.
4. In the case of services, BDATECH’s sole obligation is to re-perform any non-conforming services.
5. Generally, BDATECH will not be responsible for any other costs or charges,
including without limitation costs of dismantling, disassembly, de-installation, removal, or
reinstallation. If BDATECH is not able, using reasonable efforts, to correct or remedy a defect,
BDATECH’s sole obligation will be to refund an equitable portion of the purchase price paid to
BDATECH for the Product. Service required beyond the normal scope of warranty (see Exclusions
below) or after expiration of the warranty period will be billable repairs, and BDATECH will charge
Buyer its then-current rates and prices for parts, labor and transportation or, upon request, will
furnish quotes for prepaid service contracts for further service and support. Buyer may also be
billed for costs of testing and inspection of returned Products with no trouble found. It is Buyer’s
responsibility to back up all files before returning Products to BDATECH for service. BDATECH IS
NOT RESPONSIBLE FOR ANY LOSS OF DATA OR FOR PROPRIETARY INFORMATION LEFT ON THE
UNIT.

Exclusions:

BDATECH’s Warranty does not cover items normally consumed in operation or having
a normal life inherently shorter than the Warranty period herein or defects or problems caused by
Buyer’s acts (or failure to act), the acts of others, or other events beyond BDATECH’s reasonable
control. Without limiting the foregoing, any Warranty claim, support claim, or liability is excluded,
and Buyer will be solely responsible, for any problem, failure, malfunction, defect, claim, damage,
liability, or safety issue arising out of: (1) accident, tampering, misuse, mishandling, Neglect/Abuse
(see below), or extraordinary wear and tear, including without limitation damage in transit or
storage or introduction of liquid or other foreign matter into the unit; (2) misapplication, improper
use, or other failure to follow BDATECH’s instructions and safety precautions, including without
limitation maladjustment of customer controls or any use or storage of Products outside of normal
or specified operating or environmental conditions or specifications or in a manner not authorized
in the Product documentation; (3) repairs, modifications, adjustments, or installation of options or
parts by any person or entity other than a BDATECH authorized service center; (4) damage, defects,
problems, malfunctions, or failures of, or created by, any non-BDATECH Products, software,
services, system components, accessories, or attachments or their interface with BDATECH’s
Products; (5) acts of God or the public enemy, flood, fire, unusually severe weather, war, riot, public
disorder, computer viruses, excessive or inadequate electrical power, connection shortages, power
surges, or other irregularities or causes external to the Products, or (6) latent defects discovered
after expiration of the applicable Warranty period. Modification, disassembly, rewiring, re-engineering, and/or repair of Products other than by or as specifically authorized by BDATECH in
writing is prohibited and will void all warranties. Buyer is responsible for validation of each specific
Product application and any use of Products as a component of, physically installed on, or in
conjunction with other Products or attachments not supplied or specified by BDATECH for such
purpose, including all necessary testing and qualification, and must put in place all necessary
systems and protections to ensure that any failure or defect relating to the Products will not result
in other or further liability, damage, or safety issues. BDATECH’s responsibility will in all events be
limited to repair or replacement of the failed or defective BDATECH Product(s) as provided in this
Warranty and will not include any further liability for or arising out of any non-BDATECH Products
in which or with which BDATECH’s Products may be installed, combined or used.

Return Authorization:

BDATECH does not accept Product returns once title has transferred, unless
defective in materials or workmanship. All returns require a Returned Material Authorization
(“RMA”) number, which may be obtained from BDATECH customer service at
www.bdatech.com/support, or by calling 1-855-855-BDAT [2328]. The RMA number is valid for 7
days from issuance and should be clearly marked on the exterior of the shipping container and all
enclosed shipping documents. Products returned without an RMA number may be returned to
Buyer freight collect. Returned items should be shipped by Buyer freight prepaid and properly
boxed to prevent damage in transit. A Buyer purchase order (“PO”) may be required where Buyer
requests an expedited exchange; BDATECH will issue a credit against the PO upon receipt of
returned items per the RMA instructions. BDATECH WILL NOT ACCEPT C.O.D. PARCELS. For
returned items covered by Warranty, return transportation will be prepaid by BDATECH. For items
not under Warranty or returned with no fault found, return transportation, insurance, and handling
costs will be charged to Buyer, and a PO will be required for non-warranty service and repairs.

TO THE FULL EXTENT ALLOWED BY LAW, THE WARRANTY AND REMEDIES HEREIN ARE THE
SOLE AND EXCLUSIVE WARRANTY OF BDATECH AND ITS SUPPLIERS WITH RESPECT TO THE
PRODUCTS AND THEIR USE. ALL OTHER WARRANTIES, REPRESENTATIONS, OR LIABILITIES,
WRITTEN OR ORAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT WILL BDATECH
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR
OTHER INDIRECT LOSSES, COSTS, OR DAMAGES, HOWEVER CAUSED, WHETHER OR NOT
FORSEEABLE, AND EVEN IF ADVISED OF THE POSSIBILITY THEREOF, INCLUDING WITHOUT
LIMITATION DOWNTIME, LOSS OF BUSINESS OR PROFITS, DAMAGE TO OR REPLACEMENT OF
EQUIPMENT OR PROPERTY, OR LOSS OF OR COSTS OF RECOVERING, REPROGRAMMING, OR
REPRODUCING PROGRAMS OR DATA. BDATECH’S AGGREGATE LIABILITY IN DAMAGES OR
OTHERWISE, REGARDLESS OF CAUSE, WILL IN NO EVENT EXCEED THE PURCHASE PRICE
RECEIVED BY BDATECH FOR THE PRODUCTS GIVING RISE TO THE CLAIM. THESE
LIMITATIONS APPLY NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY.

International Customers:

This Warranty also applies to BDATECH Products shipped to countries
outside the United States. International Buyers are responsible for all customs duties, VAT,
brokerage fees, and other associated taxes and insurance charges. Additional processing time may
be required for BDATECH repair of Products received from international Buyers. Prior to return
shipment of Product, Buyer must coordinate with BDATECH regarding any necessary paperwork
which must be completed and/or accompany shipment for export controlled Products.
Certain Legal Limitations: The Warranty gives Buyer specific legal rights which may vary based on
local law. When, under applicable law, implied warranties are not allowed to be excluded in their
entirety, such warranties will be limited to the duration of the applicable written Warranty and, for
European customers, any terms herein limiting BDATECH’s liability shall not apply insofar as they
conflict with mandatory statutory provisions of the Product Liability Act. No employee, agent,
dealer or other person is authorized to modify, vary, or extend BDATECH’s warranties as set out
herein or to assume for BDATECH any other liability in connection with the Products. Warranties
are limited to those in effect on the date of product purchase, BDATECH may alter or terminate its
applicable warranties for future product sales at any time, without prior notice.

Neglect/Abuse:

Neglect/Abuse of Products will be determined by BDATECH’s repair center in its
sole judgment. All service and repair actions required as a result of Neglect/Abuse are billable
repairs requiring a purchase order prior to commencement of repairs. Neglect/Abuse may include,
without limitation, the following:

Improper use of Product, such as use outside the scope of written specifications
Dirt/contamination/debris or other foreign substances in external connectors
Bent or mutilated contacts within external connector
Presence of liquids, debris, or other foreign substances in unsealed Products
Unapproved modification or disassembly of Product
Product that has been serviced by unauthorized personnel
Defacement of manufacturing labels
Scratched, contaminated, and/or damaged components either inside or outside the unit
Loose or missing parts
Broken/cracked/disfigured displays, housings, mounts or bumpers
Torn gaskets, seals, O-rings or other flexible parts
Damaged/cut/severed external cables
Crushed or severed connector
Use of abrasive cleaners or other unapproved cleaning materials
Damage to painted surfaces or touch screens due to physical abuse or excessive use
Connection of Product to unapproved power source
Exposing Product to input voltage outside published specification limits
Charred or melted Product and/or parts
Product exposed to natural disasters or chemical, biological, radiological or nuclear contamination
Product improperly packaged for shipping or Electro Static Discharge (ESD).

Product Support:

If a problem with your Product develops during or after the warranty period, you
may contact BDATECH at 1-855-855-BDAT [2328] or tech-support@bdatech.com. If the problem is
not handled to your satisfaction, please write to Black Diamond Advanced Technology, LLC, 2301 E
Yeager Drive, Suite 8, Chandler, AZ 85286, USA.