Hardware Products. In addition to Firmware, hardware Products contain technology that may be covered by pending or existing patents and other forms of industrial or intellectual property recognized under applicable law (“Hardware IP”). The sale of a unit of hardware Product does not constitute either the sale or conveyance to Customer or any third party of any Hardware IP or any independent license to exercise the Hardware IP in any manner other than that strictly necessary to use the hardware Products for Customer’s internal business use and in accordance with the terms and conditions of this Agreement.
Hardware Products. Unless otherwise agreed in the Product Order Form, use of the Hardware is included in the Fees. The Hardware is provided solely as the medium for delivery and operation of the Software and must not be used for any other purpose. Customer will be granted a licence to the Software on the terms of Clause 5 below.
Hardware Products. (APPLICABLE TO CAPITAL PURCHASES OF PURE HARDWARE WITH A PERPETUAL LICENSE TO ANY EMBEDDED OPERATING
Hardware Products. August Technology warrants that it will repair or replace, at its option, hardware Products which are found to be defective in material or workmanship. August Technology must receive written notification of any defect within thirteen (13) months from date of shipment. All transportation charges associated with hardware Products warranty will be arranged and paid for by August Technology.
Hardware Products. 5.1 Koris365 shall deliver the Hardware by the applicable delivery date specified in the Proposal or Quote. Delivery of the Hardware takes place when the Hardware is available for collection at Koris365’s premises. On delivery of the Hardware: (a) the Customer shall be responsible for (i) collecting the Hardware from Koris365’s premises, and (ii) loading the Hardware on to the Customer’s transportation vehicle; and (b) the risk of loss or damage in the Hardware shall pass to the Customer.
5.2 Title to the Hardware shall transfer to the Customer on payment of the Fees for that Hardware to Koris365. Until title to the Hardware transfers to the Customer pursuant to this Clause 5.2, the Customer shall from delivery: (a) hold the Hardware on a fiduciary basis as Koris365’s bailee; (b) store the Hardware separately from all other goods held by the Customer so that they remain readily identifiable as Koris365’s property; (c) not remove, deface or obscure any identifying mark or packaging on or relating to the Hardware; (d) maintain the Hardware in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; (e) notify Koris365 immediately if it becomes subject to any of the events listed in Clause 14.2 (c); and (f) give Koris365 such information relating to the Hardware as Koris365 may require from time to time, but the Customer may resell or use the Hardware in the ordinary course of its business.
5.3 If before title to the Hardware passes to the Customer the Customer becomes subject to any of the events listed in Clause 14.2 (c), or Koris365 reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Hardware has not been resold, or irrevocably incorporated into another product, and without limiting any other xxxxxxx remedy Koris365 may have, Koris365 may at any time require the Customer to deliver up the Hardware and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Hardware are stored in order to recover them.
5.4 The Customer shall bear the risk of loss or damage to the Hardware from delivery to the Customer.
5.5 Koris365 will pass through to the Customer the benefit of the manufacturer’s standard end user warranty (if any) in respect of the Hardware.
Hardware Products. For a period of 30 days (or such other period as agreed in a Schedule, hereinafter the “Hardware Warranty Period”) following the delivery, Scantron warrants hardware Products against material defects in materials and workmanship when used normally in accordance with the Documentation. A Schedule for hardware Products may include one of the following specific warranties: DEPOT WARRANTY. During the Hardware Warranty Period, Customer shall ship, at its own expense, defective hardware Products to the Scantron Depot Service Center for repair. The cost of return shipping shall be paid by Scantron.
Hardware Products. For any Hardware loaned to You under this Agreement, the following additional terms shall apply:
(i) You will take delivery of the Hardware by method of DDP (Incoterms 2010). Your shipping address (as provided in the Beta Test Request Form). You will provide accurate ship-to addresses, contacts, emails, phone numbers, and, if applicable, freight forwarder/broker of record.
(ii) If an export license is required, Forescout shall obtain exporting license/authorization and fulfilling reporting requirements of such licenses (except for restricted or embargoed countries). In respect of US Origin goods, Forescout is responsible for providing the forwarding agent with the US electronic export information filing in the AES system. The forwarding agent shall be acting as Forescout’s agent for the limited purpose of filing the US electronic export information in the AES system. You will ensure that the forwarding agent is provided accurate and complete information and documents reflecting the filing in the AES system. For any reason if You decide to use your own forwarding agent from the United States to an international destination, You will be responsible for accurate and true AES filings, in addition to proper denied party screening. Forescout will be informed if you prefer this method. Any import licenses required by territory destinations are Your responsibility.
(iii) All Hardware will be packaged for shipment in accordance with the packaging regulations in force in the territory (You will provide any special packaging requirements to Forescout for review and preparation prior to shipment). Shipment will be made to Your identified facilities or freight forwarder.
(iv) You will (at Forescout’s expense) return the Hardware to Forescout after the beta test end date specified in the Beta Test Request Form or termination of this Agreement, whichever is earlier.
(v) You are responsible, and shall reimburse Forescout, for loss of or damage to the Hardware while it is in Your possession. If You fail to return the Hardware within 30 days of the return date specified in the Beta Test Request Form, You will pay the then-current list price for the Hardware. If You feel You do not have the proper packaging protection to return the Hardware, Forescout can assist by sending You a spare, approved carton.
(vi) You will maintain the Hardware in good working condition, reasonable wear and tear excepted.
(vii) You are solely responsible for all risk of loss or damage to the Hardwa...
Hardware Products. This clause 0 only applies if ZIRILIO is required by the Order Form to supply the Client with Hardware Products and/or a Hardware Product Support Plan.
Hardware Products. (APPLICABLE TO CAPITAL PURCHASES OF PURE HARDWARE WITH A PERPETUAL LICENSE TO ANY EMBEDDED OPERATING SOFTWARE). Purchases of Pure’s hardware Products are covered by Pure’s Hardware Products Terms of Use.
Hardware Products. All Hardware Products which are sold by Seller ----------------- comply in all material respects with the performance representations with respect thereto contained in Seller's user and technical manuals in effect at the time of the sale. Each such Hardware Product as is currently made available for sale to or access by customers is ready for installation and/or use in substantial conformance with the capability and performance standards set forth in the user or instruction manual associated with such product. Each marketed Hardware Product is documented and the documentation supplied to each purchaser or user of each such system is sufficient in all material respects to enable a user reasonably competent in such matters to operate, access and/or use such system as intended. There are and will be no warranty claims with respect to products sold prior to the date hereof in excess of established reserves. Purchaser will use commercially reasonable efforts to maintain SAT and re-work programs.
