Appliance Terms

DELIVERY AND TITLE TRANSFER. Delivery of the Appliance will be FCA Origin (Incoterms 2010). Title to all Appliances shall pass to Customer upon delivery by Tripwire to the carrier (“Delivery”); Customer bears all risks of loss or damage to the Appliance after Delivery. Unless Customer specifies a preferred carrier in the order, Tripwire will select the method and routing of transportation. Freight charges and any other fees paid by Tripwire on shipments to Customer or additionally incurred as a result of any agreed upon Customer’s specific routing, packaging, labeling, insurance or documentation instructions, will be invoiced to the Customer, and shall be in addition to the price of goods.

APPLIANCE SUBSCRIPTIONS. At the end of the subscription term, Customer shall discontinue use of the appliance and shall return the appliance to Tripwire if Tripwire requests the return, or recycle the Appliance if Tripwire does not request the return. If Tripwire requests the return but the Appliance is not returned within 30 days after the end of the subscription, Tripwire may invoice Customer for the purchase of the appliance at list price. If Customer is shipped a replacement appliance due to a failure of the original appliance, Customer must return the failed appliance within 30 days after receipt of the replacement appliance, or Tripwire may invoice Customer for the purchase of the appliances at list price.

LIMITED WARRANTY. During the warranty period, Tripwire warrants that Appliances will be free from defects in materials and workmanship, and, when properly installed, will substantially conform to the functional specifications set forth in the applicable Tripwire Appliance documentation. The warranty period for Tripwire Industrial Visibility Appliances is two years from Delivery and for all other Tripwire Appliances, 90 days from Delivery. Customer must notify Tripwire in writing of any nonconformity within the warranty period. Repairs are warranted for the longer of the remaining warranty period for the repaired item. Purchased Appliances will be new unless otherwise specified. Replacement Appliances, at Tripwire’s sole discretion, may be new or remanufactured items equivalent to new in performance. This warranty shall not be valid if the Appliance has been subject to misuse, abnormal physical or electrical stress, accident, modification or improper installation. TRIPWIRE OFFERS NO WARRANTY THAT THE APPLIANCE WILL DETECT OR PROTECT AGAINST ALL THREATS OR BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. TRIPWIRE’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY SHALL BE, AT TRIPWIRE’S OPTION, EITHER (A) REFUND OF THE PRICE PAID UPON RETURN OF APPLIANCE TO TRIPWIRE OR (B) REPAIR OR REPLACEMENT OF APPLIANCE THAT DOES NOT MEET THIS LIMITED WARRANTY, PROVIDED CUSTOMER HAS OTHERWISE COMPLIED WITH THIS AGREEMENT.

THIS IS THE EXCLUSIVE WARRANTY FOR APPLIANCES. NEITHER TRIPWIRE NOR ITS LICENSORS OFFER ANY OTHER WARRANTIES, TERMS OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO APPLIANCES. TRIPWIRE AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, TERMS, CONDITIONS, AND REPRESENTATIONS OF (A) MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF INTELLECTUAL PROPERTY, AND (B) THOSE ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. No oral or written information or advice given by Tripwire or Tripwire’s authorized representatives shall create a warranty or other obligations on behalf of Tripwire.

LIMITATION OF LIABILITY, INFRINGEMENT AND EXPORT. The provisions of the EULA regarding the limitation of Tripwire’s liability and export compliance apply to the Appliance ordered hereunder as if such Appliance was “Software” as used in the EULA.