This Extended Warranty Agreement (this Agreement) is a binding contract between the Customer (you or the Customer) and Lumis Corp. (Company, Lumis, we, or us). This Agreement governs your extended warranty on Lumis products.

BY CLICKING THE ACCEPT BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE CUSTOMER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THE EXTENDED WARRANTY WILL NOT APPLY TO YOU.

Definitions. Except as otherwise defined herein, capitalized terms have the meanings given to them in the Terms and Conditions of Sale.

Extended Warranty Coverage. The Extended Warranty provided under this Agreement covers the cost of parts and labor to repair the Hardware in the event the Hardware ceases to function in accordance with the original specifications because of defects in material or workmanship during the Extended Warranty Term (as defined in Section 6) and is not excluded under the terms of Section 3.

Replacement parts will be new, rebuilt, or non-original manufacturer’s parts that perform to the factory specifications of the Hardware, at the Company’s sole option. Replacement parts provided hereunder are warranted for the remainder of the Extended Warranty Term of the Hardware in which they are installed to the same extent as if such parts were original components. If an identical replacement for Hardware is not reasonably available or Lumis determines that it cannot service the Hardware as specified in this Agreement, Lumis reserves the right, at its sole discretion, to replace the defective Hardware with an entirely new product with similar functionality. Lumis also reserves the right to utilize new, reconditioned, refurbished, repaired or remanufactured products or parts in the warranty repair/replacement process. Warranty services provided under these terms and conditions do not assure uninterrupted operations of the Hardware or the Product; Lumis shall not be liable for damages caused by any delays involving warranty service. This Extended Warranty does not cover any third-party products or devices used in conjunction with the Hardware. This warranty is limited to Hardware purchased in and used within the United States or Canada. This warranty shall be void if Customer is in default on any portion of its payment obligations to Lumis with respect to this Agreement. This Agreement covers all shipping charges to authorized service centers during the Term. Lumis will also pay for shipping and handling fees to return the repaired or replacement product to Customer (if it elects to repair or replace the defective Hardware). This Extended Warranty shall not apply to Hardware, parts, advice, assistance or service which Lumis furnishes as a promotion, as samples, as a courtesy or accommodation, or for no fee.

Exclusions and Limitations. This Agreement does not provide coverage (whether in the form of the cost of parts and labor, replacement, or otherwise) for the following:
1. Damage or defects that are covered by any other warranty or service contracts, insurance policies, or product recalls.
2. Damage or defects resulting or arising from:
  1. wear and tear;
  2. accidental damage or negligence in use, storage, transportation, or handling, including but not limited to drops, spills, or liquid damage;
  3. unauthorized modifications to the Hardware, including but not limited to the unauthorized removal, bypass, or disabling of safety features;
  4. improper maintenance or unauthorized repairs;
  5. intentional damage or the misuse or abuse of the Hardware;
  6. Acts of God, war, invasion or act of foreign enemy, terrorism, cyberattack, hostilities, civil war, rebellion, strikes, lockouts, labor disturbances, or civil commotion;
  7. third-party acts, including theft and vandalism;
  8. failure to perform preventive maintenance, as outlined in any accompanying instructional booklets or information; or
  9. any cause arising outside of normal use and operation of the Hardware in accordance with the manufacturer's specifications, instructions, or owner’s manual.
3. Furthermore, this Agreement does not cover:
  1. cosmetic damage repair, cleanings, and alignments;
  2. consumable parts such as batteries or simulated medications;
  3. damage to or failure to perform of any software, including but not limited to the Licensed Software;
  4. preventive maintenance;
  5. liability for bodily injury, death, or property damage arising out of the use, operation, or maintenance of the Hardware;
  6. the cost of outside labor for reinstallation;
  7. the cost of government permits or licensing for reinstallation;
  8. repairs or replacement outside of the United States or Canada;
  9. damage occurring during shipping; or
  10. damage occurring before the start of the Extended Warranty Term.
There is no coverage if Lumis determines that the Hardware is not damaged (for example, issues that are not Hardware failures, such as failures attributable to causes other than the Hardware).

IN NO EVENT WILL LUMIS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (B) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE PRODUCTS OR SERVICES, (C) LOSS, DAMAGE, CORRUPTION OR FAILURE OF RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR (D) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. LUMIS’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE OF THE EXTENDED WARRANTY.

THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES NOT EXPRESSLY STATED IN WRITING IN THE AGREEMENT ARE HEREBY DISCLAIMED. THIS LIMITATION SHALL APPLY EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITED WARRANTY SETS FORTH THE SOLE REMEDY AND LUMIS’S ENTIRE LIABILITY FOR ANY BREACH OF ANY WARRANTY RELATING TO THE PRODUCTS.

Notice and Shipping. If the Hardware experiences a breakdown or defect during the Extended Warranty Period, Customer must notify Lumis during the Extended Warranty Period in writing of any claims and provide Lumis with an opportunity to inspect and test the Hardware claimed to be defective. Large items may at the Company’s discretion receive on-site service. Within 15 days of determining that the Hardware requires on-site service, Lumis will arrange to repair or replace the Hardware at Customer’s location during normal business hours. Smaller items may be shipped to Lumis or another specified location for service. Lumis will provide a prepaid shipping label to such location. Customer is responsible for safe packaging and shipment of the Hardware. Any notices required or permitted under this Agreement shall be given to Lumis at 5001 Baum Blvd., Suite 434, Pittsburgh, PA 15213; email: support@lumiscorp.com, or at such other address as Lumis shall specify in writing. Such notice shall be deemed given: (a) upon personal delivery; (b) if sent by certified or registered mail in the United States, postage prepaid, three (3) days after the date of mailing; (c) if sent by express delivery service, upon date of delivery; or (d) if sent by e-mail, upon receipt of confirmation of delivery from the recipient.

Warranty Procedures. In requesting warranty service, Customer shall take the actions and comply with the procedures set out in this section:
1. ensure information in the notice document is correct, and each serial number, if any, aligns with the serial number on the applicable covered Hardware.
2. exclusively contact Lumis support by email to support@lumiscorp.com if a Hardware defect occurs;
3. provide Lumis with information about the Hardware model and serial number (if any), the purchase date, a detailed description of the issue as well as any other information reasonably requested by Lumis;
4. upon request, provide Lumis with a copy of the proof of purchase of the Hardware indicating the date of purchase and any serial number; and
5. upon request, provide Lumis with a copy of the proof of purchase of the Extended Warranty.Failure to observe these requirements and procedures will cause invalidation of the Extended Warranty.

Coverage Term. The term of the Agreement (Extended Warranty Term) begins on the later of (i) the date of purchase of this extended warranty or (ii) expiration of the initial one-year limited warranty under the Terms and Conditions of Sale, and the Extended Warranty Term ends on the last day of the warranty period specified in the purchase order or order confirmation for the Extended Warranty, unless earlier terminated under Section 8.

Fee. The fee (the Fee) for this Extended Warranty is the amount specified in the purchase order or order confirmation, which will be paid in equal installments upon execution of this Agreement and on each subsequent anniversary of the Effective Date (the Anniversary Date) and ending on the Anniversary Date that is one year before the end of the Extended Warranty Term.

Termination. Either party may terminate the Agreement at any time in the event of a material breach by the other party that remains uncured after: (a) in the event of a monetary breach, ten (10) business days following written notice thereof; and (b) in the event of a non-monetary breach, thirty (30) days following written notice thereof. Such termination will be effective immediately and automatically upon the expiration of the applicable cure period, without further notice or action by either party. Termination will be in addition to any other remedies that may be available to the non-breaching party. Additionally, Lumis may terminate this Agreement upon written notice to Customer upon the occurrence of any of the following events: (i) Customer’s dissolution, termination of existence, insolvency or bankruptcy; (ii) the appointment of a receiver of any part of the property of Customer; (iii) a general assignment for the benefit of creditors by Customer; and (iv) the filing by Customer of a petition in bankruptcy or under any insolvency laws or any laws related to the relief of debtors, readjustment of indebtedness or reorganization of Customer. If Customer properly terminates for material breach by Lumis, Customer will be entitled a pro rata refund of the Fee for the then-current year in the Extended Warranty Term based on the number of days remaining until the next Anniversary Date divided by 365. Termination of this Agreement shall automatically terminate the Extended Warranty Term.

Assignment. Customer shall not assign the Agreement, or any interest herein or rights hereunder, without prior written consent of Lumis (in its sole and absolute discretion), and any purported assignment in violation of this provision will be void. Notwithstanding the foregoing, the Customer may, upon written notice to Lumis, assign this Agreement to the assignee or transferee of all or substantially all the business and assets of Customer, or that part of such business and assets to which this Agreement relates. This Agreement will be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

Governing Law and Jurisdiction. The Agreement is governed by and shall be construed and enforced in accordance with the substantive and procedural laws of the Commonwealth of Pennsylvania, regardless of the legal theory upon which such matter is asserted. Customer and Lumis consent to the exclusive jurisdiction of and venue in the state and federal courts located in Allegheny County, Pennsylvania, in any dispute arising out of or relating to this Agreement.

Not an Insurance PolicyThis Agreement is not an insurance policy, and the Company’s obligations are not guaranteed or insured by any policy of insurance.

Miscellaneous.
1. The Agreement is the complete and entire agreement with respect to the Extended Warranty on the Hardware and supersedes all prior or contemporaneous agreements or representations, written or oral, regarding the same.
2. The Agreement may not be modified, and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of Customer and of Lumis.
3. The failure by Lumis to enforce at any time any of the provisions of the Agreement, or to exercise any election or option provided therein, will not affect the validity of the Agreement of any part thereof, or the right of Lumis thereafter to enforce each and every such provision.
4. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective and such term will be replaced with a term consistent with the purpose and intent of this Agreement.
5. The terms of Sections 1, 3, 9, 10 and 12 shall survive the expiration or termination of this Agreement for any reason.

Last Modified 8/27/25

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