LIMITED WARRANTY ON CUBIT

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

THE LIMITED WARRANTY CAN ALSO BE FOUND ONLINE AT CUBIT.CC/WARRANTY AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCT.

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. EXCEPT FOR THIS WARRANTY SET FORTH HEREIN, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.

WHO MAY USE THIS WARRANTY?

Qfusion Labs, Inc., located at 344 Thomas L Berkeley Way, Ste. 201-D, Oakland, CA 94612 ("we"), extends this limited warranty only to the consumer who originally purchased the product ("you"). It does not extend to any subsequent owner or other transferee of the product.

WHAT DOES THIS WARRANTY COVER?

This limited warranty covers defects in materials and workmanship of the Cubit, including the Cubit Controller, Cubit Smartware, and Cubit Workshop (the "product"), for the Warranty Period as defined below. We may provide technical, applications, or design advice, reliability data or other services, which are not covered by this warranty and do not expand or otherwise alter our warranties, obligations, or liabilities.

WHAT DOES THIS WARRANTY NOT COVER?

This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use or neglect; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

WHAT IS THE PERIOD OF COVERAGE?

This limited warranty starts on the date of your purchase and lasts for one year (the "Warranty Period"). The Warranty Period is not extended if we repair or replace the product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?

With respect to any defective product during the Warranty Period, we will, in our sole discretion, either: (a) repair or replace such product (or the defective part) free of charge, or (b) refund the purchase price of such product. If we decide to repair or replace the product or defective part, you must ship us the product at your own expense. We will pay shipping and handling fees to return the repaired or replacement product to you in the United States only. You must pay all shipping and handling fees for us to return the repaired or replacement product to you outside of the United States before we will send the repaired or replacement product. We shall be given a reasonable time to provide a refund or replacement or repair the product.

HOW DO YOU OBTAIN WARRANTY SERVICE?

To obtain warranty service, you may email our Customer Service Department at returns@cubit.cc or write to us at 344 Thomas L Berkeley Way, Ste. 201-D, Oakland, CA 94612 during the Warranty Period to obtain a Defective Merchandise Authorization ("DMA") number. The request for the DMA number must be received by us before the expiration of the Warranty Period. No warranty service will be provided without a DMA number. Once you obtain a DMA, we will instruct you on next steps for obtaining warranty service.

LIMITATION OF LIABILITY

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

THE PRODUCT IS NOT AUTHORIZED FOR USE IN SAFETY-CRITICAL APPLICATIONS OR AUTOMOTIVE APPLICATIONS WHERE A FAILURE OF THE PRODUCT WOULD REASONABLY BE EXPECTED TO CAUSE SEVERE PERSONAL INJURY OR DEATH.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THIS LIMITATION OF LIABILITY WILL SURVIVE THE TERMINATION OF THE WARRANTY PERIOD.

FCC COMPLIANCE

This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.