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Seon Design Inc.® Product Warranty

W–2

700-1014 R002

(g) if the product has been operated outside of the specified Operating Environment specified in the Seon User’s Manual for such product, or
(h) to cover any costs incurred by the customer for the removal of defective cameras or components or of non-defective cameras or

components, or for the installation of repaired cameras or components or for the reinstallation of non-defective cameras or components,

all of which are for the account of the customer.

Disclaimer

THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, GUARANTEES AND

CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE AND WITHOUT LIMITING THE GENERALITY OF THE

FOREGOING, SEON EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY, DURABILITY

OR FITNESS FOR PURPOSE AND ANY WARRANTIES OR MODIFIED WARRANTIES ARISING FROM USAGE OF TRADE OR

COURSE OF DEALING.
Any description of the goods or services, whether in writing or made orally by Seon or Seon’s agents, specifications, samples, models, bulletins,

drawings, diagrams, engineering sheets or similar materials used in connection with customer’s order are for the sole purpose of identifying the

goods and/or services and shall not be construed as an express warranty. Any suggestions by Seon or Seon’s agents regarding use, applications or

suitability of the goods and/or services shall not be construed as an express warranty unless confirmed to be such in writing by Seon.
Purchaser assumes full responsibility for selecting products to achieve purchaser’s intended purposes, for properly installing and using those

products, and for verifying the results obtained therefrom.
PURCHASER’S EXCLUSIVE REMEDY AND SEO N’S ENTIRE LIABILITY ARISING FROM OR IN CONNECTION WITH

PURCHASER’S USE OF THE PRODUCTS AND/OR THIS AGREEMENT SHALL BE REPAIR OR REPLACEMENT OF DEFECTIVE

PRODUCTS, OR REFUND OR CREDIT OF THE PURCHASE PRICE OF THE PRODUCTS AS SET FORTH ABOVE. SEON SHALL NOT

BE SUBJECT TO AND DISCLAIMS: (A) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT

OR OF WARRANTY; (B) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE, AND

STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO GOODS SOLD OR SERVICES RENDERED

BY SEON, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO; AND (C) ALL CONSEQUENTIAL, INCIDENTAL,

SPECIAL AND CONTINGENT DAMAGES WHATSOEVER, EVEN IF SEON HAS BEEN SPECIFICALLY ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.
Without limiting the generality of the foregoing, Seon specifically disclaims any liability for property or personal injury damages, penalties,

special or punitive damages, damages for lost profits or revenues, loss of use of goods or any associated equipment, cost of capital, cost of

substitute goods, facilities or services, down-time, shut-down or slow-down costs, or for any other types of economic loss, and for claims of

customer’s customers or any third party for any such damages. Some jurisdictions do not allow limitation or exclusion of incidental or

consequential damages, so this limitation or exclusion may not apply to purchaser. In no event shall Seon’s total liability for any damages to

purchaser or any other person in connection with the products or this agreement exceed the lower of the suggested list price or the actual price paid

for the products, regardless of whether such liability arises from contract, tort, warranty or any other form of claim. If any provision of this

agreement is found to be void, invalid, or unenforceable, that finding shall not affect the remaining provisions, all of which shall be enforced to the

full extent permitted by law. If any remedy hereunder is determined to have failed of its essential purpose, the limitations of liability and exclusion

of damages set forth above shall remain in full force and effect. This agreement may be modified only by a writing signed by a duly authorized

representative of Seon.

Provisions Applicable to American Customers

For those customers whose mailing address is in the United States, Seon’s offer and any agreement of sale resulting therefrom shall be governed by

and construed in accordance with the internal and domestic laws of the State of WASHINGTON without giving effect to the conflict of laws rules

thereof. The Superior Court of Washington for Whatcom County and U.S. District Court for the Western District of Washington (the “U.S. Closed

Courts”) shall have exclusive jurisdiction to entertain and determine all disputes and claims, whether for specific performance, injunction,

declaration or otherwise arising out of or in any way connected with the construction, breach, or alleged, threatened or anticipated breach of the

contract resulting from this offer and shall have jurisdiction to hear and determine all questions as to the validity, existence or enforceability

thereof. Customer specifically consents to such Court’s exercise of jurisdiction over it. The purchaser attorns to the exclusive jurisdictions of the

jurisdiction of the U.S. Closed Courts, waives any obligation to venue in any action or proceeding regarding Seon Products and waives any

objection that the U.S. Closed Courts are an inconvenient forum or do not have jurisdiction over the purchaser of Seon. The United Nations

Convention On Contracts For The International Sale Of Goods shall not apply.

Provisions Applicable to Canadian Customers

For those customers whose mailing address is in Canada, Seon’s offer and any agreement of sale resulting therefrom shall be governed by and

construed in accordance with the internal and domestic laws of the Province of BRITISH COLUMBIA and the laws of Canada applicable therein

without giving effect to the conflict of laws rules thereof. T he courts of British Columbia (the “Canadian Closed Courts”) shall have exclusive

jurisdiction to entertain and determine all disputes and claims, whether for specific performance, injunction, declaration or otherwise arising out of

or in any way connected with the construction, breach, or alleged, threatened or anticipated breach of the contract resulting from this offer and shall

have jurisdiction to hear and determine all questions as to the validity, existence or enforceability thereof. The purchaser attorns to the exclusive

jurisdictions of the jurisdiction of the Canadian Closed Courts, waives any obligation to venue in any action or proceeding regarding Seon Products

and waives any objection that the Canadian Closed Courts are an inconvenient forum or do not have jurisdiction over the purchaser of Seon. The

United Nations Convention On Contracts For The International Sale Of Goods shall not apply.