Common use of ACKNOWLEDGEMENTS AND OBLIGATIONS Clause in Contracts

ACKNOWLEDGEMENTS AND OBLIGATIONS. Subject to your Customer Order, these terms apply for the sale of Unbundled Hardware: ● Bundled Hardware is personal property, owned by us, and is not a fixture. ● Bundled Hardware remains our property at all times. ● You only have a right to use the Bundled Hardware for the term of your Agreement and no right to purchase the Bundled Hardware on or before termination or expiration of this Agreement. ● Opening the encasings of the Bundled Hardware will be considered Product Damage. ● Replaced components become part of the Bundled Hardware once they have been exchanged for any reason. ● Additional or different Bundled Hardware provided to you, will be on the same terms and conditions as contained in this Agreement and you agreed to pay all additional Fees which may apply for any additional or different Bundled Hardware. ● Any loss or Product Damage to the Bundled Hardware is your responsibility and legal obligation from the date of delivery to you. You agree to use your best efforts to: ● Protect, defend and make clear to others our interest in the Bundled Hardware; ● Use the Bundled Hardware for the purpose for which it was designed and in accordance with our/or the manufacturer’s instructions as applicable. ● Where you (or parties instructed by you) are installing, configuring or removing the Bundled Hardware that it is done so safely (on the understanding that you are responsible for any Damage that may be caused). You acknowledge and agree that you have: ● Acted solely based on your own judgment in accepting the Bundled Hardware under this Agreement. ● Not relied on any representation about the Bundled Hardware by us with respect to suitability for any particular use. You agree to not, without our prior written permission: ● Grant another person an interest in, or security over the Bundled Hardware to others for any reason. ● Part with possession of or alter the Bundled Hardware in any way. ● Move the Bundled Hardware to any other location. Permitted Actions by us With respect to Bundled Hardware you permit us to: ● Engage Subcontractors to provide, install, maintain, restore and/or remove all or any of the Bundled Hardware. ● Charge you for repairs to, or replacement of, any Bundled Hardware that is lost, damaged or destroyed until it has been returned to us (Repair Charges). ● At any time swap the Bundled Hardware for alternative equipment offering in our reasonable judgment the same functionality.