Common use of Equipment Limited Warranty Clause in Contracts

Equipment Limited Warranty. If Webroot provides Equipment to End User in connection with the Service, the terms of this Section 10 will apply. 10.1. Any price for the Equipment will be as set forth in the applicable Quote. Unless otherwise set forth in the Quote, delivery will be FOB Webroot’s facility. Shipping and insurance charges will be as set forth in the Quote. 10.2. Unless otherwise set forth in the Quote, title to the Equipment will remain with Webroot, and End User must return the Equipment to Webroot following the expiration of the Subscription Term or the earlier termination of this Agreement. 10.3. Webroot warrants to End User that the Equipment, as delivered, will be free from defects in materials and workmanship for a period of one year from the date such Equipment is delivered to End User (“Equipment Warranty Period”), when used solely to access the Service in accordance with this Section 10. Webroot’s sole liability and End User’s exclusive remedy for Equipment that fails to conform to this limited warranty (“Nonconforming Equipment”) is limited to repair or replacement of such Nonconforming Equipment, at Webroot’s sole option. Return of Nonconforming Equipment must be made only according to Webroot’s then-current return and return material authorization policies or practices. Webroot will pay for Webroot-required shipping and insurance for Nonconforming Equipment, subject to End User’s compliance with such policies or practices. The warranty for the repaired or replaced Equipment is limited to the remaining duration of the original limited warranty for the Nonconforming Equipment. This limited warranty does not apply to any Equipment that is subjected to unusual physical or electrical stress, misuse, neglect, improper testing or storage, or repair by any party other than Webroot. The above warranty is for End User’s benefit only, and is non-transferable. 10.4. In the event a warranty claim relating to the Service is made under Section 17 after the expiration of the Equipment Warranty Period, and the non-conformity is a result of a failure of the Equipment, then, as Webroot’s sole obligation in relation thereto, Webroot will use commercially reasonable efforts to assist End User to acquire replacement Equipment at End User’s expense. Webroot does not make any warranty as to the continued availability of replacement Equipment. 10.5. The Equipment may contain Third-Party Software or Open Source Software that is not part of the Service, but is required for the operation of the Equipment. End User, and not Webroot, is responsible for obtaining and complying with any third party licenses for such Third-Party Software or Open Source Software.

Equipment Limited Warranty. If Webroot provides Equipment to End User Customer in connection with the Service, the terms of this Section 10 3 will apply. 10.13.1. Any price for the Equipment will be as set forth in the applicable Quote. Unless otherwise set forth in the Quote, delivery will be FOB Webroot’s facility. Shipping and insurance charges will be as set forth in the Quote. 10.23.2. Unless otherwise set forth in the Quote, title to the Equipment will remain with Webroot, and End User Customer must return the Equipment to Webroot following the expiration of the Subscription Term or the earlier termination of this Agreementthe Subscription Documents. 10.33.3. Webroot warrants to End User Customer that the Equipment, as delivered, will be free from defects in materials and workmanship for a period of one year from the date such Equipment is delivered to End User Customer (“Equipment Warranty Period”), when used solely to access the Service in accordance with this Section 104. Webroot’s sole liability and End UserCustomer’s exclusive remedy for Equipment that fails to conform to this limited warranty (“Nonconforming Equipment”) is limited to repair or replacement of such Nonconforming Equipment, at Webroot’s sole option. Return of Nonconforming Equipment must be made only according to Webroot’s then-current return and return material authorization policies or practices. Webroot will pay for Webroot-required shipping and insurance for Nonconforming Equipment, subject to End UserCustomer’s compliance with such policies or practices. The warranty for the repaired or replaced Equipment is limited to the remaining duration of the original limited warranty for the Nonconforming Equipment. This limited warranty does not apply to any Equipment that is subjected to unusual physical or electrical stress, misuse, neglect, improper testing or storage, or repair by any party other than Webroot. The above warranty is for End UserCustomer’s benefit only, and is non-transferable. 10.43.4. In the event a warranty claim relating to the Service is made under Section 17 13 after the expiration of the Equipment Warranty Period, and the non-conformity is a result of a failure of the Equipment, then, as Webroot’s sole obligation in relation thereto, Webroot will use commercially reasonable efforts to assist End User Customer to acquire replacement Equipment at End UserCustomer’s expense. Webroot does not make any warranty as to the continued availability of replacement Equipmentequipment. 10.53.5. The Equipment may contain Third-Third Party Software or Open Source Software that is not part of the ServiceService or Enabling Software, but is required for the operation of the Equipment. End UserCustomer, and not Webroot, is responsible for obtaining and complying with any third party licenses for such Third-Third Party Software or Open Source Software.

Equipment Limited Warranty. If Webroot provides Equipment to End User Company in connection with the Service, the terms of this Section 10 3 will apply. 10.13.1. Any price for the Equipment will be as set forth in the applicable Quote. Unless otherwise set forth in the Quote, delivery will be FOB Webroot’s facility. Shipping and insurance charges will be as set forth in the Quote. 10.23.2. Unless otherwise set forth in the Quote, title to the Equipment will remain with Webroot, and End User Company must return the Equipment to Webroot following the expiration of the Subscription Term or the earlier termination of this Agreementthe Subscription Documents. 10.33.3. Webroot warrants to End User that Company the Equipment, as delivered, will be free from defects in materials and workmanship for a period of one year from the date such Equipment is delivered to End User Company (“Equipment Warranty Period”), when used solely to access the Service in accordance with this Section 105. Webroot’s sole liability and End UserCompany’s exclusive remedy for Equipment that fails to conform to this limited warranty (“Nonconforming Equipment”) is limited to repair or replacement of such Nonconforming Equipment, at Webroot’s sole option. Return of Nonconforming Equipment must be made only according to Webroot’s then-current return and return material authorization policies or practices. Webroot will pay for Webroot-required shipping and insurance for Nonconforming Equipment, subject to End UserCustomer’s compliance with such policies or practicespolicies. The warranty for the repaired or replaced Equipment is limited to the remaining duration of the original limited warranty for the Nonconforming Equipment. This limited warranty does not apply to any Equipment that is subjected to unusual physical or electrical stress, misuse, neglect, improper testing or storage, or repair by any party other than Webroot. The above warranty is for End UserCompany’s benefit only, and is non-transferable. 10.43.4. In the event a warranty claim relating to the Service is made under Section 17 13 after the expiration of the Equipment Warranty Period, and the non-conformity is a result of a failure of the Equipment, then, as Webroot’s sole obligation in relation thereto, Webroot will use commercially reasonable efforts to assist End User Company to acquire replacement Equipment at End UserCompany’s expense. Webroot does not make any warranty as to the continued availability of replacement Equipmentequipment. 10.53.5. The Equipment may contain Third-Third Party Software or Open Source Software that is not part of the ServiceService or Enabling Software, but is required for the operation of the Equipment. End UserCompany, and not Webroot, is responsible for obtaining and complying with any third party licenses for such Third-Third Party Software or Open Source Software.