Hardware Delivery Agreement

Limitation of Liability. Kerio is not responsible for providing support under any other agreement between the End User and a Kerio reseller or distributor (including, but not limited to, an extended warranty or a support, service or repair agreement). Repair. The customer who orders Kerio`s hardware (either by Kerio`s reseller or distributor or by the end user) carefully checks the hardware upon delivery. This customer must wait for the entire original packaging after receipt of the material, until the material is installed and proves to be properly functional. the legislation in force; Dispute Resolution. All disputes, controversies or claims arising out of or related to this Sales Agreement or a breach thereof, including its interpretation, performance or termination, shall be finally settled by arbitration. The arbitration shall be conducted in English and in accordance with the arbitration rules and the procedures of the Judicial Arbitration and Mediation Services (JAMS) which administer such arbitration. The arbitration, including the marriage of the arbitral award, will take place in Santa Clara County, California, USA. For the purposes of this arbitration proceeding, this contract of sale is governed by and construed in accordance with California law, as this right applies to agreements between California residents that are to be entered into within California, United States. The arbitrators` decision is binding on the parties and the costs of arbitration (including, but not limited to, charging attorneys` fees to the winning party) are paid according to the arbitrators.

The decision of the arbitrators shall be enforced and each competent court may judge it. Please read this sales agreement before using kerio Technologies, Inc. („Kerio“) Hardware application product (the „hardware“). By completing your online order (or your order under Kerio`s Try and Buy program), you accept, as a purchaser of Kerio`s materials („you“ or „customer“) the terms of this sales agreement and, where applicable, also accept each end user („end user“ on whose behalf you make this purchase (customer and Kerio are hereinafter collectively referred to as „parties“), of the commitment under this sales contract. If you and/or the end user do not agree with these General Terms and Conditions of Sale, do not place your order or if the order has been placed, return the material immediately after receipt without using it. If the material arrives at this customer on the first delivery or if it is defective (the date of arrival is hereinafter referred to as „delivery date“), this customer must inform Kerio`s technical support (contact details can be found on Kerio`s website at www.kerio.com/support) within 30 days of the date of delivery of the condition of the material and, if necessary, ask for return instructions. The material must then be returned immediately to Kerio for repair or replacement at Kerio`s discretion (on the outside of the box, please write the RMA (Return Merchandise Authorization) number and attach a copy of the RMA form provided on the Kerio website above. Kerio will then proceed with the delivery of temporary or permanent replacement equipment. This customer is responsible for the correct packaging of the return of the material. Kerio will arrange shipping and insurance.

The whole deal. This sales contract represents the full understanding of the parties to the subject matter of this Agreement and supersedes all prior offers, agreements, understandings, negotiations and understandings, written or oral, between the parties with respect to this subject matter. . . .