TERMS OF SALE FOR REALWEAR SUPPORT SERVICES PROGRAMS ​

These are RealWear’s terms of sale for the RealWear support services programs listed below (“Terms”). All other terms or conditions for support services are expressly excluded.

These Terms set forth the only obligations and agreements by RealWear concerning the Services. These Terms supersede and replace any prior or inconsistent statements, terms, or warranties. RealWear rejects any additional or inconsistent terms regardless of whether such terms were proposed by the Buyer in any bid request, quotation request, purchase order, or related document. If Buyer purchased the Services through a reseller or distributor who offered additional incentives or terms, Buyer shall look solely to that reseller or distributor for the performance of such additional incentives or terms, and RealWear shall have no liability therefore.

A) DEFINITIONS

As used in this document, “RealWear” means RealWear, Inc., or any of its authorized resellers or distributors. “You”, “Your”, or “Buyer” means the end-user customer that purchased the Services covered by these Terms. “Hardware” means the RealWear Navigator™ 500 series, HMT-1Z1 and HMT-1 industrial wearables (excluding Software). “Software” means any software, library, utility, tool, or other computer or program code, in object (binary) form embedded in or pre-installed on the Hardware, including any updates made available by RealWear. “Product” or “Products” means Hardware and Software, collectively. "Services'' means the repair or replacement of the Hardware at RealWear’s sole discretion and the support services as defined below. The Services are offered and sold by RealWear exclusively for Buyer’s own internal professional, business or commercial use (including government agencies) and are not promoted or marketed for the purpose of resale to third parties or for any consumer, non-professional, or leisure use.

B. ESSENTIAL SUPPORT SERVICES (OFFERED THROUGH 06/30/2023)​

Essential Support Services. Access to RealWear’s support services via telephone, e-mail or web as follows:

1. Monday through Friday, 24/5.

2. Support ticket first response time within 24 hours of request.

C. PREMIER SUPPORT SERVICES (OFFERED THROUGH 12/31/2022)​

Premier Support Services. Access to RealWear’s support services via telephone, e-mail or web as follows:

1. 24/7.

2. Support ticket first response time within four (4) hours.

3. Advance Replacement as defined in Section G.2.i. below.

1. Training. Online access to a video recording of HMT101 (Getting Started Workshop). Admittance to one regularly scheduled HMT201 (Remote Collaboration Workshop).

2. Foresight Onboarding for IT Admin. One virtual call with RealWear Customer Success Manager for guided onboarding and introduction to Foresight 2 platform and provisioning.  

3. RealWear Cloud. Access to Device Metrics and RealWear Cloud Explorer.

D. ADVANCED SUPPORT SERVICES (OFFERED BEGINNING 01/01/2023)

Advanced Support Services.
Advanced Support Services includes Advance Replacement as defined in Section G.2.i. below.

E. TERM​

Essential Support Services Term (Offered through 6/30/2023):

1. RealWear Essential 2: Additional one (1) year of Essential Support Services for a total of two (2) years of Essential Support Services.

2. RealWear Essential 3: Additional two (2) years of Essential Support Services for a total of three (3) years of Essential Support Services.

1. Premier Support Services Term (Offered through 12/31/22):

   1. RealWear Premier 1: One (1) year of Premier Support Services.

   2. RealWear Premier 2: Two (2) years of Premier Support Services.

   3. RealWear Premier 3: Three (3) years of Premier Support Services.
      
      

2. Advanced Support Services Term:

   1. RealWear Advanced 1: One (1) year of Advanced Support Services.

   2. RealWear Advanced 2: Two (2) years of Advanced Support Services.

   3. RealWear Advanced 3: Three (3) years of Advanced Support Services.

   4. RealWear Advanced 5: Five (5) years of Advanced Support Services.

F. HOW TO GET SUPPORT SERVICES ​

Before starting the support services process, please review the “Frequently Asked Questions” at: https://realwear.com/support/faq

1. If the FAQ’s do not resolve your problem, then please submit a “Support Request” online at: https://www.realwear.com/contact-us/

2. Before sending your Hardware to RealWear for service, be sure to keep a copy of any data you want to save and delete anything you consider confidential. RealWear is not responsible for your data and may erase it.

G. REALWEAR’S RESPONSIBILITY​

RealWear’s Hardware warranty is covered by the Limited Hardware Warranty set forth at: https://www.realwear.com/terms-of-sale/.

1. During the Term of the Services, if RealWear support determines the issue requires Hardware repair or replacement and RealWear support issues Buyer an RMA, RealWear will:
   
   

   1. Ship to Buyer replacement Hardware prior to Buyer’s return of the faulty Hardware to RealWear (“Advance Replacement”). Such Advance Replacement is conditioned upon Buyer returning the faulty Hardware within thirty (30) days of receipt of the replacement Hardware. If Buyer does not return the faulty Hardware to RealWear within thirty (30) days, Buyer will be charged retail price of the cost of the replacement Hardware.

   2. Cover the cost of shipping the faulty Hardware from Buyer to RealWear.

   3. Unless restricted by applicable law, replacement to Buyer may be with new or refurbished Hardware.

   4. If Your Hardware malfunctions after the Term, RealWear provides no warranty of any kind.

H. NO LIABILITY FOR THIRD PARTY APPLICATIONS​

RealWear Navigator™ devices (“Devices”) run on the Android Open-Source Project (AOSP) operating system released by Google, and leverage processors and other components which are supplied by third parties. While RealWear works closely with these third parties to provide the longest lifespan possible, the lifespan of RealWear Devices is subject to and expressly limited by, any changes to such processors and components that such third parties may make, including the modification or cessation of providing such processors and components, which may impact the duration of the Services. RealWear disclaims all liability for any actions taken by such third parties that may limit RealWear’s ability to continue to provide the Services, or which would otherwise limit the scope of RealWear’s obligations hereunder.

I.   LIMITATION OF LIABILITY AND REMEDIES

REALWEAR EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OPPORTUNITES, LOST DATA, AND LOSS OF BUSINESS EXPECTATIONS. REALWEAR’S LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE SERVICES THAT GIVES RISE TO ANY LIABILITY.  IN THE EVENT THAT LOCAL LAWS PROHIBIT DISCLAIMER OF IMPLIED WARRANTIES, THE DURATION OF ANY IMPLIED WARRANTY SHALL NOT EXCEED ONE (1) YEAR FROM THE DATE OF PURCHASE. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR REALWEAR’S SALE OF SERVICES TO A BUYER, AND WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF REALWEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.

J.  GOVERNING LAW, DISPUTE RESOLUTION. Any dispute relating to this Agreement ("Dispute") will be resolved through binding arbitration according to the then-current Commercial Arbitration Rules of the American Arbitration Association (the "AAA Rules"). The existence, content (including all documents and materials submitted to the arbitrators), and results of any arbitration shall be deemed Confidential Information. The arbitrator will be a neutral practicing attorney or retired judge with experience in similar cases and appointed in accordance with the AAA Rules. The arbitrator must agree in writing to maintain the confidentiality of the arbitration. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et seq. The substantially prevailing party will be entitled to recovery of arbitration expenses (including all costs and reasonable attorney's fees) from the substantially non-prevailing party. The arbitrator's award will include provisions for this recovery. The arbitrator's award will be binding and final. Any court having jurisdiction may enter judgment upon the award. The arbitration will be conducted in English and held in Vancouver, WA. This Agreement is governed by, and the arbitrator will apply, the substantive laws of the State of Washington excluding its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods expressly will not apply to these Terms.  Claims must be brought within one (1) year of the date the claim arose, otherwise the claim will be permanently barred.

K.  CLASS ACTION WAIVER. All proceedings will be conducted solely on an individual basis. No arbitration will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You will not seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which you act or propose to act in a representative capacity.