Warranty Policy for Magic Leap 2

IMPORTANT NOTE ON MAGIC LEAP 1 AND MAGIC LEAP ONE: CREATOR EDITION WARRANTY: This Warranty policy only applies to Magic Leap's second generation product hardware, including the Magic Leap 2 augmented reality Headset, Compute Pack and Controller, and not to Magic Leap's first generation augmented reality devices (Magic Leap 1 and Magic Leap One: Creator Edition). For more information on the warranty policy for Magic Leap's first generation augmented reality devices (Magic Leap 1 and Magic Leap One: Creator Edition), please visit magicleap.com/legal.

Limited Warranty Policy

Magic Leap 2

With respect to hardware devices and accessories that are manufactured by Magic Leap as part of our second generation product series, Magic Leap 2 (each, a “Product”), Magic Leap offers (a) a two (2) year limited warranty for the Magic Leap 2 MedTech Edition and in select international jurisdictions and (b) a one (1) year limited warranty on all other Products (collectively, the “Warranty”). This Warranty only applies to new Products which are purchased from Magic Leap or from one of our authorized resellers in a jurisdiction in which we sell Products. Do not use a Product without first reading the terms of this Warranty.

Coverage

This Warranty is the end user's exclusive remedy for defective workmanship or materials in the Product.

Magic Leap 2 MedTech Edition: Magic Leap warrants that the Product's hardware will be free from manufacturing defects and, under its intended and ordinary use, will function substantially in accordance with Magic Leap's technical specifications or documentation for a period of two (2) years from the date the Product was shipped to or picked up by the end user of the Product (in each case, either directly from Magic Leap or through an authorized reseller).

All other Products (Magic Leap 2 Base Edition, Magic Leap 2 Developer Pro Edition, Magic Leap 2 Enterprise Edition, and all other Magic Leap 2 models): Magic Leap warrants that the Product's hardware will be free from manufacturing defects and, under its intended and ordinary use, will function substantially in accordance with Magic Leap's technical specifications or documentation for a period of one (1) year from the date the Product was shipped to or picked up by the end user of the Product (in each case, either directly from Magic Leap or through an authorized reseller).

Select International Jurisdictions: For Product sold in the Kingdom of Saudi Arabia, Magic Leap warrants that the Product's hardware will be free from manufacturing defects and, under its intended and ordinary use, will function substantially in accordance with Magic Leap's technical specifications or documentation for a period of two (2) years from the date the Product was shipped to or picked up by the end user of the Product (in each case, either directly from Magic Leap or through an authorized reseller).

However, see the Items Outside of this Warranty and Voided Warranty sections below for defects and Products not covered by the Warranty.

How To Start a Warranty Claim

1. For Products purchased directly from Magic Leap, visit our Customer Care site for specific instructions about how to begin a Warranty claim.
2. Certain Magic Leap authorized resellers or distribution partners may provide you with alternate information regarding the proper first point of contact for warranty service. In this case, please contact such reseller or distribution partner - not Magic Leap - for warranty service and related support.

Transfer

This Warranty is solely for the end-user of the Product. Further assignment or transfer of this Warranty is prohibited.

Items Outside of this Warranty

Except as expressly set forth herein, this Warranty does not cover (and Magic Leap is not responsible for):

1. Excluded Products, which are (a) products purchased outside the jurisdictions where Magic Leap sells Products; (b) products that were not purchased directly from us or one of our authorized resellers; and/or (c) hardware or accessories not manufactured by Magic Leap, even if bundled or sold with a Product.
2. Personal, household family or consumer use cases, as the Product was not designed or intended for such use cases. The Product is only intended for use in trade, business or professions.
3. Software, including the firmware running on a Product and any applications installed on the Product, whether licensed from Magic Leap or any third party, is not covered by this Warranty. See the Magic Leap 2 Software License Agreement for terms applying to the firmware and apps supplied by Magic Leap for the Magic Leap 2 device.
4. Misuse of Products, which includes (a) damage to the Product or loss of the Product resulting from an accident, theft, improper storage, misuse or abuse, mishandling, neglect, physical or electric modifications, exposure to water or other liquids, exposure to moisture, exposure to extreme conditions (e.g., heat, dirt or sand); (b) use with an unsuitable product not sold or licensed by Magic Leap; (c) use without providing adequate ventilation; (d) use by children under 14; (e) circumvention of any security mechanisms; (f) reverse engineering; (g) defects or damage from viruses or other software problems introduced into the Product after purchase; (h) defects or damage caused by repairs not authorized by Magic Leap; and/or (i) any other use that is not in compliance with the recommendations in this document, our online materials, related documentation, and other similar user materials. We presume any cosmetic damage (e.g., scratches) resulted from misuse, abuse, or failure to operate the Product as instructed.
5. Wear and Tear of Products, which includes damage resulting from normal wear and tear and normal depletion of parts (e.g., batteries) unless occurring due to defective workmanship or materials in the hardware of the Product. For example, only batteries that leak or exhibit fully charged capacity below a certain threshold of the actual rated capacity will be considered defective for purposes of this Warranty.
6. Magic Leap 1, as warranty claims for Magic Leap's first generation augmented reality devices (Magic Leap 1 and Magic Leap One: Creator Edition) are subject to our separate warranty policy for Magic Leap 1 (visit magicleap.com/legal for copies).

Voided Warranty

This Warranty will be void and the Product will be ineligible for authorized repair (even for a fee) if the end user of the Product (a) circumvents any of our security mechanisms; (b) resells the Product (other than through an authorized reseller); (c) removes the serial number or any legal notices from the Product; (d) uses the Product in violation of any laws or any agreements with Magic Leap; and/or (e) if the Product is purchased directly from Magic Leap, violates the “How to Start a Warranty Claim” instructions above in this Warranty or any instructions provided by our Customer Care team.

Disclaimer and Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WARRANTY POLICY IS THE ONLY EXPRESS WARRANTY MAGIC LEAP PROVIDES FOR THE PRODUCTS, AND SUBMITTING A WARRANTY CLAIM IS THE SOLE AND EXCLUSIVE REMEDY FOR CLAIMS RELATED TO THE PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGIC LEAP EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGIC LEAP AND ITS SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS (INDIVIDUALLY AND COLLECTIVELY, THE “MAGIC LEAP PARTIES”) ARE NOT LIABLE: (a) UNDER ANY THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE), OR LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA), OR (b) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED IN CONNECTION WITH THE PRODUCTS OR THIS WARRANTY, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE PRODUCTS, WHETHER OR NOT MAGIC LEAP HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAGIC LEAP PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE PRODUCTS OR THIS WARRANTY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO MAGIC LEAP, OUR AFFILIATES OR OUR AUTHORIZED RESELLERS FOR THE PRODUCTS.

If the jurisdiction where an Item was purchased grants the end user any implied warranty, then to the maximum extent permitted by applicable law, the duration of such implied warranty is limited to the same duration as this Warranty. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to purchases of Products in such jurisdictions. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. Any customer support that Magic Leap elects to provide is provided “as-is” and without warranty of any kind.

Arbitration

Disputes, differences, controversies, and claims arising out of or related to this Warranty (“Disputes”) shall, except as otherwise stated in this section, be settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC”) by three (3) arbitrators. Either party may submit a Dispute to arbitration if a period of sixty (60) days has expired since the Dispute first arose between the parties, during which time the parties will attempt in good faith to resolve the Dispute amicably. The arbitration provisions herein, however, shall not preclude either party from (a) petitioning any court of competent jurisdiction or any government agency or entity with competent jurisdiction for temporary injunctive or other emergency relief or (b)seeking to confirm or enforce any arbitral award in any court of competent jurisdiction. Magic Leap and you will each select one arbitrator, and the two arbitrators so selected will select a third arbitrator. The decision of the majority of the three arbitrators will be binding and conclusive. Such decision will be written and will be supported by written findings of fact and conclusions which will set forth the award, judgment, decree or order awarded by the arbitrators. Any award issued hereunder shall be final, binding and fully enforceable, and judgment on the award, judgment, decree or order rendered by the arbitrators may be entered in any court of competent jurisdiction. The place of arbitration shall be in Santa Clara County, California, USA. The language to be used in the arbitral proceedings shall be English. In any arbitration hereunder, the prevailing party will be entitled to recover (in addition to any other relief awarded or granted) its reasonable costs and expenses, including attorneys' fees, incurred in the proceeding. The fees of each arbitrator and the administrative fee of the ICC will be borne equally by both parties. You may opt-out of this arbitration provision by delivering written notice to Magic Leap via email at arbitration@magicleap.com (or to the address set forth below) within 30 days after first becoming subject to this provision; all other provisions of this Warranty will continue to apply to you.

Governing Law; Dispute Resolution

This Warranty will be governed by the laws of the state of California interpreted, construed and enforced in all respects in accordance with the laws of the State of California without reference to its choice of law principles to the contrary. The 1980 UN Convention on Contracts for the International Sale of Goods or its successor will not apply to these Terms of Sale. For any Dispute not subject to arbitration above, each party hereby consents to the exclusive jurisdiction and venue of the state and federal courts located in the Santa Clara County, California.

Your Rights

This Warranty grants specific legal rights. Certain purchasers of the Product may also have other rights based on the applicable jurisdiction in which the sale of the Product occurred. This Warranty does not affect the statutory rights provided by such jurisdictions.

No Modification

No employees or representatives of Magic Leap (or its affiliates or any third party) are authorized to modify this Warranty. If any term of this Warranty is held to be unenforceable, the remaining terms of this Warranty will remain in full force and effect.

No Insurance

This Warranty is not insurance and does not cover any perils (e.g., fire, theft or loss). At this time, we do not offer insurance. Any separate insurance policy for the Product from a third-party insurer is entered into directly with such third party; please coordinate reimbursement directly with the third party providing such insurance.

Extended Warranty Policy (U.S. Only)

In parallel, for Products under the one (1) year limited warranty, Magic Leap partners with Mulberry to offer customers in the United States an optional 2 year extended warranty plan. Such extended warranty does not replace this Warranty, but is in addition to this Warranty. Mulberry's terms and conditions for the Extended Warranty Powered by Mulberry are available here. For the avoidance of doubt, you may only purchase an extended warranty option in the same transaction as the applicable Magic Leap 2 device.

Contact Us

Questions? Email legal@magicleap.com or contact Customer Care.

Magic Leap, Inc., 7500 West Sunrise Blvd., Plantation, Florida 33322, United States of America.

833-45-MAGIC (833-456-2442)