DISCLAIMER User Agreement & Disclaimer PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. This Agreement contains the terms and conditions that apply to the Customer's purchase of hardware, software and/or other products (Item or Items) from Servsat Communications, Inc. By accepting delivery and/or installation of the Item(s) described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH SERVSAT COMMUNICATIONS, INC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER SERVSAT COMMUNICATIONS, INC STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Servsat Communications, Inc's sole discretion. 1) Other Documents These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to place an order for Item(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Servsat Communications, Inc. 2) Payment Terms Terms of payment are within Servsat Communications, Inc's sole discretion, and unless otherwise agreed to by Servsat Communications, Inc, payment must be received prior to Servsat Communications, Inc's acceptance of an order. Payment for the Item(s) will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Servsat Communications, Inc. Invoices are due and payable within the time period noted by Servsat Communications, Inc, measured from the date of the invoice. Servsat Communications, Inc may invoice parts of an order separately. Orders are not binding upon Servsat Communications, Inc until accepted by Servsat Communications, Any quotations given by Servsat Communications, Inc will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. 3) Order Cancellation Order cancellation must be emailed to sales@Servsat Communications,.com within 24 hours of the placement of the order. Cancellations placed after 24 hours or order has shipped will result in a 25% restocking fee. 4) Shipping Charges & Taxes All prices are Ex-work term. Prices do not include charges for shipping and handling, and applicable taxes and separate charges for the aforementioned will be shown on the invoice. Servsat Communications, Inc is obligated to withhold sales tax for delivery within the State of Georgia, with additional taxes for deliveries within the City of Atlanta. Unless Customer provides Servsat Communications, Inc with a valid tax exemption certificate applicable to the hardware/software ship-to location prior to Servsat Communications, Inc order confirmation, Customer is responsible for sales and all other taxes associated with the order. All orders shipped outside the United States are subject to the following (if applicable to the location and Item(s) shipped): customs fees, brokerage fees, insurance, duty, tariff, and any other fees that are applicable and charged by their country. The Customer is responsible for these fees even if they refuse or return the Item(s). 5) Title & Risk of Loss Title to products passes from Servsat Communications, Inc to Customer on shipment from Servsat Communications, Inc's facility. Loss or damage that occurs during shipping by a carrier selected by Servsat Communications, Inc is Servsat Communications, Inc's responsibility. If a damaged Item is received, please contact Servsat Communications, Inc within 15 days of receipt of your order by e-mailing returns@Servsat Communications,.com. You must retain the original packing materials. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s). 6) Return Policies Servsat Communications, Inc Item(s) purchased directly from Servsat Communications, Inc by an end-user Customer may be returned by Customer within 30 days of the date on the invoice. Hardware must be received IN ORIGINAL PACKAGING, and a 15% restocking fee will apply. Customer will be responsible for paying shipping and necessary insurance fees when returning to Servsat Communications, Inc. In the case of software that has been installed by an Servsat Communications, Inc engineer, a request for uninstallation must be emailed to sales@servsat.com within 30 days of the date of invoice, and a 30% service fee will apply. 7) Warranties Servsat Communications, Inc hardware comes with a factory limited warranty. Warranties do not cover physical damage. The limited warranties applicable to Items purchased from Servsat Communications, Inc are included in the documentation along with the Item. Servsat Communications, Inc makes no express warranties except those stated in this section and in Servsat Communications, Inc's applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and Servsat Communications, Inc will be obligated to honor any such warranties, only upon Servsat Communications, Inc's receipt of payment in full for the item to be warranted. Servsat Communications, Inc disclaims all other warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Servsat Communications, Inc's responsibility for warranty claims is limited to repair and replacement as set forth in Servsat Communications, Inc's applicable warranty statement in effect on the date of the invoice. Servsat Communications, Inc reserves the right to modify its warranty at any time, at its sole discretion. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the software is installed. Servsat Communications, Inc does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the end-user license agreement that governs its purchase and use. 8) Limitation of Liability Servsat Communications, Inc does not accept liability beyond the remedies set forth herein, including any liability for Item(s) not being available for use or for lost or corrupted data or software. Servsat Communications, Inc will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. 9) Headings The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived wherefrom. 10) Force Majeure Servsat Communications, Inc shall not be liable for loss or damage caused by any delay or failure to perform its obligations under these Terms & Conditions of Sale caused by failure of any machine, system of authorization, data processing or communications system, transmission link, strikes, lockouts, riots, war, fire, acts of God, accidents, material or transportation shortages, governmental restrictions or injunctions, or denial of import or export licenses, or compliance with any law, regulation or order, or due to any other circumstances or causes that have the effect of frustrating performance of these Terms & Conditions of Sale, or any other cause beyond the control of Servsat Communications, Inc. 11) Invalidity of Provisions If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 12) Waiver Servsat Communications, Inc's failure to insist on performance of any term or condition contained in this Agreement, or failure to exercise any of Servsat Communications, Inc's rights hereunder, shall not constitute a waiver of any of Servsat Communications, Inc's rights or remedies under this Agreement. 13) Governing Law The Agreement shall be exclusively governed by and construed in accordance with the laws of the State of Georgia,, U.S.A. 14. Compliance with Export Laws 14.1 Export License/Approvals. Buyer agrees that it will not, without the prior authorization of the Bureau of Industry and Security, United States Department of Commerce, or the Directorate of Defense Trade Controls, United States Department of State, whichever is applicable, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any Product or technical data or service sold or otherwise furnished hereunder to any person within any territory for which the United States Government, or any agency thereof, at the time of such action, requires an export license or other governmental approval, without first obtaining such license or approval. Buyer agrees to indemnify and hold harmless Seller, its officers, directors, employees and agents from and against any and all loss or liability for any and all claims, losses, demands, expenses, penalties or costs (including attorneys’ fees) resulting from failure of Buyer to comply with this clause. 14.2 End-Use/End-User. Buyer agrees to provide detailed actual End-Use and End-User information at the time of Order placement and to provide any additional information requested by Seller in satisfaction of any regulatory or due diligence requirements. Seller’s acceptance of an Order shall be contingent on receipt of complete End-Use and EndUser information in writing. If the End-User is other than the Buyer, then Buyer shall, at the time of its disclosure of end use and End User, identify any pertinent laws or regulations in the Buyer’s legal jurisdiction (i.e. Country) affecting Seller’s performance of the subject Order. Seller reserves the right, at its option, to fully or partially terminate any Order or to rescind or revise its offer and price, if there is a change in any person or entity handling the Products in Buyer’s order chain and/or any law or regulation that Seller in its sole discretion believes makes a particular Order no longer tenable.