Last Updated: January 08, 2024

This MetaDefender Kiosk Hardware Replacement Addendum (the “MD Kiosk Addendum”) provides the terms regarding Your option to replace Your MetaDefender Kiosk Hardware Product as detailed further herein.

The MD Kiosk Addendum supplements, is subject to, and forms part of the OPSWAT Inc. Terms of Service available at https://www.opswat.com/legal (the “Terms”). Capitalized terms used below shall have the meanings set forth in the Terms. In the event of a conflict between this MD Kiosk Addendum and the Terms, this MD Kiosk Addendum shall take precedence with respect to Your Hardware Product subscription to the MetaDefender Kiosk Hardware Product only.

1. MetaDefender Kiosk Replacement

Subject to your compliance with the conditions for replacement in Section 2 below, You are entitled to one (1) replacement of Your current MetaDefender Kiosk Hardware Product (the “Current Unit”) with a replacement MetaDefender Kiosk Hardware Product (the “Replacement Unit”), subject to the terms of this MD Kiosk Addendum.

2. Conditions for Replacement

To be eligible for a replacement of Your Current Unit, You must satisfy all of the following conditions:

1. You have had a continuous, fully-paid Hardware Product subscription to the Current Unit for the three (3) years immediately prior to your current Hardware Product subscription to Your Current Unit. For the avoidance of doubt, a subscription solely to the Software installed on Your Current Unit is insufficient to qualify You for a replacement of Your Current Unit pursuant to this MD Kiosk Addendum.
2. You have a current, fully-paid Hardware Product subscription to the Current Unit for at least one (1) year. For the avoidance of doubt, a subscription solely to the Software installed on Your Current Unit is insufficient to qualify You for a replacement of Your Current Unit pursuant to this MD Kiosk Addendum.
3. Your Current Unit has not otherwise been repaired or replaced, including under any hardware product warranties as stated in the Terms, for the past three (3) years.
4. You are not otherwise in violation of the Terms with respect to the Current Unit or any other OPSWAT products or services ordered or used by You (the “Services”).
5. None of the exclusions in Section 6(a) applies to Your Hardware Product subscription to the Current Unit.
6. Each Replacement Unit may also be replaced provided that You also meet the aforementioned requirements with respect to Your Replacement Unit (with “Replacement Unit” to be read in place of “Current Unit” herein).

3. New or Refurbished Unit

As OPSWAT updates its MetaDefender Kiosk units and the Software installed on such units on a regular basis, You understand and agree that: (a) OPSWAT may replace Your Current Unit with the same or more recent version of the SKU You originally ordered; and/or (b) OPSWAT may provide a Replacement Unit with a newer version of the Software. Additionally, You acknowledge that OPSWAT may replace Your Current Unit with either a new or refurbished Replacement Unit.

4. Replacement Procedure

1. After the start of the third (3rd) anniversary of the start of Your Subscription Period for the Current Unit, You may submit a written request to OPSWAT by contacting OPSWAT Support or Your OPSWAT sales representative for the replacement of Your Current Unit. Within a reasonable time after receiving Your request, OPSWAT shall reasonably coordinate with You the replacement of the Current Unit with a Replacement Unit. You are responsible for reasonably cooperating with OPSWAT and performing any actions reasonably necessary to enable OPSWAT to provide the Replacement Unit to You.
2. Before the delivery of the Replacement Unit, You shall back up and secure all programs and data in the Current Unit.

5. Delivery and Risk of Loss

OPSWAT is responsible for the costs associated with the delivery of the Replacement Unit, except for insurance expenses to cover the Replacement Unit during transit to the destination. Title and risk of loss of the Replacement Unit passes to You upon shipment of the Replacement Unit to You.

6. Exclusions

1. This MD Kiosk Addendum shall not apply to Hardware Product subscriptions of the MetaDefender Kiosk K3001 Hardware Product.
2. Implementation of the Replacement Unit is not provided under this MD Kiosk Addendum and may be purchased separately from OPSWAT.