EXCLUSIONS AND LIMITATIONS

This Limited Warranty applies only to hardware products manufactured by or for Haivision that can be identified by the "Haivision" trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-Haivision hardware products or any software, even if packaged or sold with Haivision hardware. Manufacturers, suppliers, or publishers, other than Haivision, may provide their own warranties to the end user purchaser, but Haivision, in so far as permitted by law, provides their products "as is".

Haivision does not warrant that the operation of the product will be uninterrupted or error-free. Haivision does not guarantee that any error or other non-conformance can or will be corrected or that the product will operate in all environments and with all systems and equipment. Haivision is not responsible for damage arising from failure to follow instructions relating to the product's use.

This warranty does not apply:

(a) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports;

(b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes;

(c) to damage caused by operating the product outside the permitted or intended uses described by Haivision;

(d) to a product or part that has been modified to alter functionality or capability without the written permission of Haivision; or

(e) if any Haivision serial number has been removed or defaced.

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, HAIVISION SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF HAIVISION CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY HAIVISION IN ITS SOLE DISCRETION. No Haivision reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, HAIVISION IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH HAIVISION PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS.

OBTAINING WARRANTY SERVICE

Before requesting warranty service, please refer to the documentation accompanying this hardware product and the Haivision Support Portal https://support.haivision.com. If the product is still not functioning properly after making use of these resources, please contact Haivision or Authorized Reseller using the information provided in the documentation. When calling, Haivision or Authorized Reseller will help determine whether your product requires service and, if it does, will inform you how Haivision will provide it. You must assist in diagnosing issues with your product and follow Haivision's warranty processes.

Haivision may provide warranty service by providing a return material authorization ("RMA") to allow you to return the product in accordance with instructions provided by Haivision or Authorized Reseller. You are fully responsible for delivering the product to Haivision as instructed, and Haivision is responsible for returning the product if it is found to be defective. Your product or a replacement product will be returned to you configured as your product was when originally purchased, subject to applicable updates. Returned products which are found by Haivision to be not defective, out-of-warranty or otherwise ineligible for warranty service will be shipped back to you at your expense. All replaced products and parts, whether under warranty or not, become the property of Haivision. Haivision may require a completed pre-authorized form as security for the retail price of the replacement product. If you fail to return the replaced product as instructed, Haivision will invoice for the pre-authorized amount.

APPLICABLE LAW

This Limited Warranty is governed by and construed under the laws of the Province of Quebec, Canada.

This Limited Hardware Warranty may be subject to Haivision's change at any time without prior notice.

READ BEFORE USING

THE LICENSED SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND TREATIES. READ THE TERMS OF THE FOLLOWING END USER (SOFTWARE) LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE ACCESSING THE LICENSED SOFTWARE. BY SCANNING THE QR CODE TO REVIEW THIS AGREEMENT AND/OR ACCESSING THE LICENSED SOFTWARE, YOU CONFIRM YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, HAIVISION IS UNWILLING TO LICENSE THE LICENSED SOFTWARE TO YOU AND YOU ARE NOT AUTHORIZED TO ACCESS THE LICENSED SOFTWARE.

If you have questions, please contact legal@haivision.com

1. Introduction

This Service Level and Support supplement forms a part of and is incorporated into the Service Agreement (the “Agreement”) between You and Haivision Network Video Inc. (“Haivision”).  Capitalized terms used but not otherwise defined in this supplement shall have the meaning ascribed to them in the Agreement. Haivision may, upon prior written notice to You, amend this supplement to incorporate improvements to the service levels and support commitments at no additional cost to You. This supplement applies only to those products and services set forth below.

2. Definitions

• "Audience Member" means an individual or entity that accesses Your Published Media Objects through a public URL.
• "Access Service" means the service provided by Haivision VCMS that verifies an Audience Member’s credentials.
• "Digital Media File" means a computer file containing text, audio, video, or other content.
• "Outage" is a 12-minute period of consecutive failed attempts by all six agents to PING the domain on the Haivision Streaming Media network.
• "Published Media Object" means a Digital Media File with a public URL.
• "Transaction" means the creation of a right for an Audience Member to access a Media Object and the completion of an order logged in the order history service.

3. Service Levels for the Video Content Management System

The service levels in this Section 3 apply only to the hosted version of Haivision VCMS and the Haivision VCMS development kit (collectively, the “Standard Hosted Components” of Haivision Video Cloud Services). Subject to the exceptions noted in Section 4 below, the aforementioned components of Haivision Video Cloud Services will be available for use over the course of each calendar month as follows:

4. Exceptions to Availability for the VCMS

The Standard Hosted Components may not be available for use under the following circumstances, and in such case such periods of unavailability shall not be counted against Haivision Video Cloud for purposes of calculating availability:

• Normal Maintenance, Urgent Maintenance and Upgrades as defined in the table below;

• Breach of the Agreement by You as defined in the Agreement;

• The failure, malfunction, or modification of equipment, applications, or systems not controlled by Haivision Video Cloud;

• Any third party, public network, or systems unavailability;

• Acts of Force Majeure as defined in the Agreement;

• Modification of software made available to You as part of Haivision Video Cloud Services by You or a third party acting on Your behalf; and

• Any third party product or service not incorporated into Haivision Video Cloud Services or any third party plug-in.

Haivision Video Cloud shall make commercially reasonable efforts to notify, or work with, applicable third parties to repair or restore Haivision VCMS functionality affected by such exceptions.

5. Credits for Downtime for the VCMS

Haivision Video Cloud will grant a credit allowance to You if You experience Downtime in any calendar month and you notify Haivision Video Cloud thereof within ten (10) business days after the end of such calendar month. In the case of any discrepancy between the Downtime as experienced by You and the Downtime as measured by Haivision Video Cloud, the Downtime as measured by Haivision Video Cloud shall be used to calculate any credit allowance set forth in this section. Such credit allowance shall be equal to the pro-rated charges of one-half day of Fees for each hour of Downtime or fraction thereof. The term “Downtime” shall mean the number of minutes that Standard Hosted Components are unavailable to You during a given calendar month below the availability levels thresholds in Section 3, but shall not include any unavailability resulting from any of the exceptions noted in Section 4. Within thirty (30) days after the end of any calendar month in which Downtime occurred below the availability levels thresholds in Section 3, Haivision Video Cloud shall provide You with a written report detailing all instances of Downtime during the previous month. Any credit allowances accrued by You may be offset against any and all Fees owed to Haivision Video Cloud pursuant to the Agreement, provided that a maximum of one month of credit may be accrued per month.

6. Support Services for the VCMS

Support for Haivision Video Cloud Services as well as the Application Software (defined as the VCMS application software components that Haivision licenses for use in conjunction with the Video Cloud Services) can be reached at hvc-techsupport@haivision.com and shall be available for all Your support requests.  Haivision Video Cloud will provide 24x7 monitoring of the Standard Hosted Components.

Cases will be opened upon receipt of request or identification of issue, and incidents will be routed and addressed according to the following:

7. Service Levels for Haivision Streaming Media Service

Haivision agrees to provide a level of service demonstrating 99.9% Uptime. The Haivision Streaming Media Service will have no network Outages.

The following methodology will be employed to measure Streaming Media Service availability:

Agents and Polling Frequency

1. From six (6) geographically and network-diverse locations in major metropolitan areas, Haivision’s Streaming Media will simultaneously poll the domain identified on the Haivision Streaming Media network.

2. The polling mechanism will perform a PING operation, sending a packet of data and waiting for a reply. Success of the PING operation is defined as a reply being received.

3. Polling will occur at approximately 6-minute intervals.

4. Based on the PING operation described in (b) above, the response will be assessed for the purpose of measuring Outages.

If an Outage is identified by this method, the customer will receive (as its sole remedy) a credit equivalent to the fees for the day in which the failure occurred.

Haivision reserves the right to limit Your use of the Haivision Streaming Media network in excess of Your committed usage in the event that Force Majeure events, defined in the Agreement, such as war, natural disaster or terrorist attack, result in extraordinary levels of traffic on the Haivision Streaming Media network.

8. Credits for Outages of Haivision Streaming Media Service

If the Haivision Streaming Media network fails to meet the above service level, You will receive (as your sole remedy) a credit equal to Your or such domain’s committed monthly service fee for the day in which the failure occurs, not to exceed 30 days of fees.

9. No Secondary End User Support

UNDER NO CIRCUMSTANCES MAY YOU PROVIDE CONTACT INFORMATION FOR HAIVISION SERVICES TO CUSTOMERS OR AUDIENCE MEMBERS OR OTHER THIRD PARTIES WITHOUT HAIVISION’S EXPRESS PRIOR WRITTEN CONSENT.