Service Limitations –Device Support Services

1. Device Support Services herein will be provided onsite for the base Device only unless Peripherals were procured within Shopify by Franchisee at the same time as base Device.

2. An advanced exchange will not apply if the Services can be delivered using remote diagnosis, remote support, or other Services delivery methods described above.

3. The replacement Device, and peripheral package, if purchased, will inherit the original RPOS base unit remaining 48-month warranty. The APC UPS, if purchased carries at 36-month warranty.

4. Onsite response time specifies the period that begins when the initial call has been received and acknowledged by HP, as described herein. The onsite response time ends when the HP authorized representative arrives at the Franchise Location, or when the reported event is closed with explanation that HP has determined it does not currently require an onsite intervention.

5. If Franchisee requires an on-site technician to perform the Device swap, rather than physically disconnecting the defective Device and connecting the replacement Device themselves, Franchisee will endeavor to indicate this requirement to HP when the Incident is logged.

6. If Franchisee does not act upon the specified Franchisee responsibilities as outlined in 3.a-c, at HP’s discretion, HP will i) not be obligated to deliver the Services as described, or ii) perform such Service at Franchisee’s expense at the prevailing time and materials rates.

7. The following activities or situations will suspend the support Services until they are completed or resolved:

   1. Current delinquency in Total Fee payments after 90 days or failure to return defective Device by Franchisee after the 20 days’ notice specified in the last sentence of Section 2.c.iii.7.

   2. Any Franchisee or third-party actions or inaction impacting the repair process such as failure to return a defective device

   3. Any automated or manual recovery processes triggered by the hardware malfunction.

   4. Any other activities not specific to the hardware repair but required to verify that the hardware malfunction has been corrected.

8. The following activities are excluded from the Services described herein:

   1. Backup, recovery, and support of the operating system, other software, and data.

   2. Operational testing of applications, or additional tests requested or required by Franchisee.

   3. Troubleshooting for interconnectivity or compatibility problems.

   4. Support for network-related problems.

   5. Services required due to failure of Franchisee to incorporate any system fix, repair, patch, or modification provided to Franchisee by HP.

   6. Services that, in the opinion of HP, are required due to improper treatment or use of the Device or due to unauthorized attempts by non-HP Personnel to install, repair, maintain, or modify hardware, firmware, or software

   7. Franchisee’s failure to maintain approved internal environment conditions

   8. Devices used beyond the manufacturer’s recommended performance conditions.

9. HP reserves the right to modify the Device Support Services support time commitment as it applies to Franchisee’s site-specific product configuration, location, and work environment of the equipment. For example, site specific security requirements, safety training or other Franchisee caused delay time may be removed from the Device Support Services time commitment.

10. The Device Support Services time commitment does not apply when system access, including physical, remote troubleshooting, and hardware diagnostic assessments, is delayed or denied. If Franchisee requests scheduled service, the Device Support Services time begins at the agreed upon scheduled time. HP is not responsible for delayed, disrupted or additional support or services caused by: (i) actions or events where HP is not at fault; (ii) lost, damaged, stolen, misused Devices and software where HP is not at fault; (iii) inaccurate or incomplete assumptions or dependencies where HP is not at fault; (iv) improper or unauthorized Franchisee use, operation, relocation, modification or repair of Devices; (v) Franchisee’s failure to maintain approved internal environmental conditions and to timely address Franchisee resolvable conditions; (vi) Franchisee’s failure to conduct scheduled maintenance as well as planned upgrades, unless expressly the duty of HP; (vii) Franchisee’s failure to install Franchisee-installable software or firmware updates and patches, as d replacement Devices provided to the Franchisee by HP for such installation; (viii) Franchisee’s failure to implement and maintain an adequate continuity, redundancy and/or recovery program for Franchisee’s business functions and operations; and (ix) Devices used beyond the manufacturer’s recommended performance conditions. Except otherwise specified in this HPA, HP shall manage the method and provision of Services in its sole discretion.