Hardware Terms Sample Clauses

Hardware Terms. The following LMS Hardware and Hardware Maintenance Terms and Conditions shall apply to sales of LMS Hardware and related Support Services.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Hardware Terms. If, as set out and as specified in the Customer Order, Customer is purchasing, leasing or using Consumable Hardware and/or Rental Hardware, the terms of Schedule 1 (Converge Hardware) attached shall also apply.
Sample 1Sample 2
Hardware Terms. These Hardware Terms apply between Evaluator and Flextronics International USA (together with Flex Telecom Systems Ltd. and its other affiliates, “Flex”), and are applicable only to Evaluators receiving Hardware for internal evaluation purposes. Any such Hardware is supplied by Flex.
Sample 1
Hardware Terms. 5.1. Sub-merchant may choose to buy some or all of the necessary Hardware from or through AdvancedMD. Hardware pricing will be quoted, and must be agreed upon by Sub-merchant (via an AdvancedMD Pay Order Form) before an order will be processed. If Hardware purchased from AdvancedMD is returned within sixty (60) days of purchase in Original Condition, AdvancedMD will refund the difference less a restocking fee of $30 for new or used repair/replacement equipment. “Original Condition” means Hardware that has not been used to process transactions, other than to test the Hardware prior to deployment for general use. AdvancedMD will not accept returned Hardware after sixty (60) days of purchase or Hardware not in Original Condition. Unless otherwise specifically stated in the documentation provided with the Hardware, AdvancedMD provides a one year warranty beginning on the date of shipment on all AdvancedMD supplied serialized Hardware (including its internal Software) that such Hardware shall be free from faulty workmanship and defects in materials (“Hardware Warranty”). Hardware covered by the Hardware Warranty will be replaced at no cost to the Sub-merchant during the applicable warranty period. However, Hardware sold to Sub-merchant by or through AdvancedMD and sent back to AdvancedMD, but not covered under the Hardware Warranty (including, but not limited to, AdvancedMD supplied and sold equipment damaged by fire, lightning, water damage) will be replaced and billed to Sub-merchant as a new purchase at then current rates. After the warranty period, AdvancedMD will replace such Hardware and repair damaged Hardware at Sub-merchant’s expense. If Hardware is damaged by the negligence or the willful acts or omissions of Sub-merchant, its employees, agents or customers during the applicable warranty period, Sub-merchant will be charged for Hardware repairs or replacements. Sub-merchant acknowledges and agrees that Sub-merchant’s negligence will be determined by AdvancedMD, in its sole discretion. AdvancedMD’s sole obligation with respect to a warranty claim received by AdvancedMD during the applicable warranty period shall be to replace any malfunctioning Hardware under warranty, provided however, that Sub-merchant has first utilized AdvancedMD’s telephone assistance services and such assistance has not resolved the Hardware problem. Hardware returned to AdvancedMD as a repair / replacement must be in repairable order. Hardware Warranties are not available for us...
Sample 1
Hardware Terms. 5.1 Properly installed and functioning Hardware is a prerequisite to the Product’s functionality. 5.2 The Customer acquires title to the Hardware upon (i) in the case where the Fees are being paid in one lump sum, the payment of the full price of the Hardware to the Provider according to the invoice as issued by the Provider; or (ii) in the case that Customer is paying the Fees in installments, the payment in full of the first installment payment to the Provider according to the invoice as issued by the Provider. 5.3 The Customer shall familiarize itself with the User’s Manual supplied together with the Hardware. 5.4 In the event the Parties have agreed that the Fees shall be paid in installments, the following shall apply: - The Offer shall provide for the terms and conditions of the installment payments. - During the term of the installment payments, if the Customer cancels the Contract, or the Provider cancels the Contract pursuant to Section 11.2, before Customer paying the balance of the Fees, the remaining balance of the Fees becomes due upon such cancellation.
Sample 1
Hardware Terms 
Sample 1Sample 2

Related to Hardware Terms

  • Same Terms All terms used herein which are defined in the Credit Agreement shall have the same meanings when used herein, unless the context hereof otherwise requires or provides. In addition, (i) all references in the Loan Documents to the “Agreement” shall mean the Credit Agreement, as amended by this Amendment, and (ii) all references in the Loan Documents to the “Loan Documents” shall mean the Loan Documents, as amended by this Amendment, as the same shall hereafter be amended from time to time.

  • Software License Terms (a) Software that is made available by a Provider to Recipient in connection with any Service (any such Software being referred to herein as “TSA-Licensed Software”) provided hereunder will be subject to the terms set forth in this Section 3.5 except as otherwise provided in the applicable Service Schedule. The Provider hereby grants to the Recipient a non-exclusive, non-transferable license to use, in object code form, any TSA-Licensed Software that is made available by the Provider pursuant to a Service Schedule. For the avoidance of doubt, the Provider that makes available any TSA-Licensed Software in connection with the provision of any Service retains the unrestricted right to enhance or otherwise modify such TSA-Licensed Software at any time, provided that such enhancements or other modifications do not disrupt the provision of such Service to the Recipient. (b) The Recipient may not exceed the number of licenses, agents, tiers, nodes, seats, or other use restrictions or authorizations, if any, specified in the applicable Service Schedule. Some TSA-Licensed Software may require license keys or contain other technical protection measures. The Recipient acknowledges that the Provider may monitor the Recipient’s compliance with use restrictions and authorizations remotely, or otherwise. If the Provider makes a license management program available which records and reports license usage information, the Recipient agrees to appropriately install, configure and execute such license management program. (c) Unless otherwise permitted by the Provider, the Recipient may only make copies or adaptations of the TSA-Licensed Software for archival purposes or when copying or adaptation is an essential step in the authorized use of TSA-Licensed Software. If the Recipient makes a copy for backup purposes and installs such copy on a backup device, the Recipient may not operate such backup installation of the TSA-Licensed Software without paying an additional license fee, except in cases where the original device becomes inoperable. If a copy is activated on a backup device in response to failure of the original device, the use on the backup device must be discontinued when the original or replacement device becomes operable. The Recipient may not copy the TSA-Licensed Software onto or otherwise use or make it available on, to, or through any public or external distributed network. Licenses that allow use over the Recipient’s intranet require restricted access by authorized users only. (d) The Recipient must reproduce all copyright notices that appear in or on the TSA-Licensed Software (including documentation) on all permitted copies or adaptations. Copies of documentation are limited to internal use. (e) Notwithstanding anything to the contrary herein, certain TSA-Licensed Software may be licensed under the applicable Service Schedule for use only on a computer system owned, controlled, or operated by or solely on behalf of the Recipient and may be further identified by the Provider by the combination of a unique number and a specific system type (“Designated System”) and such license will terminate in the event of a change in either the system number or system type, an unauthorized relocation, or if the Designated System ceases to be within the possession or control of the Recipient. (f) The Recipient will not modify, reverse engineer, disassemble, decrypt, decompile, or make derivative works of the TSA-Licensed Software. Where the Recipient has other rights mandated under statute, the Recipient will provide the Provider with reasonably detailed information regarding any intended modifications, reverse engineering, disassembly, decryption, or decompilation and the purposes therefor. (g) The Recipient may permit a consultant or subcontractor to use TSA-Licensed Software at the licensed location for the sole purpose of providing services to the Recipient. (h) Upon expiration or termination of the Service Schedule under which TSA-Licensed Software is made available, the Recipient will destroy the TSA-Licensed Software. The Recipient will remove and destroy or return to the Provider any copies of the TSA-Licensed Software that are merged into adaptations, except for individual pieces of data in the Recipient’s database. The Recipient will provide certification of the destruction of TSA-Licensed Software, and copies thereof, to the Provider. The Recipient may retain one copy of the TSA-Licensed Software subsequent to expiration or termination solely for archival purposes. (i) The Recipient may not sublicense, assign, transfer, rent, or lease the TSA-Licensed Software to any other person except as permitted in this Section 3.5. (j) The Recipient agrees that the Provider may engage a third party designated by the Provider and approved by the Recipient (such approval not to be unreasonably withheld) to audit the Recipient’s compliance with the Software License terms. Any such audit will be at the Provider’s expense, require reasonable notice, and will be performed during normal business hours. Such third party will be required to execute a non-disclosure agreement that restricts such third party from disclosing confidential information of the Recipient to the Provider, except to the extent required to report on the extent to which the Recipient is not in compliance with the Software License terms.

  • Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional two (2) one-year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Xxxxxx and shall automatically renew each year, from the date of award by City Council, unless either party notifies the other prior to the scheduled renewal date. At the sole option of the City of Xxxxxx, the contract may be further extended as needed, not to exceed a total of six (6) months.

  • Service Terms Each Service Order will provide for a service term. At the end of the service term of any Service Order, unless either party gives written notice to the other party of its intention not to renew at least ninety (90) days before the end of a service term, the term of such Service Order will automatically renew for successive twelve (12) month periods. Termination of one Service Order will not affect the term of any other Service Order.

  • License Terms This license is for one full Semester. It cannot be cancelled or terminated except under the conditions cited in this license.

  • WARRANTY TERMS The Seller shall provide warranty for the quality of the Equipment for a period of 12 months. The warranty term shall commence on the day following the date of signing of the Handover Protocol pursuant to Section 10.4 hereof. In case the Buyer accepted the Equipment with defects or unfinished work the warranty term shall commence on the day following the date of removal of the defects or unfinished work. The warranty does not cover consumable things.

  • Software Updates XXXXX agrees to keep current with software licensed from Skyward and will install new versions on a timeline approved by XXXXX governance. This timeline will be communicated by NWRDC to the Districts.

  • Hardware Warranty Company warrants that for a period of one (1) year from delivery of Hardware, Hardware will be free from defects in material and workmanship in normal use, but does not cover any of the following: (i) improper installation, maintenance, adjustment, repair or modification by Customer or a third party; (ii) misuse, neglect, or any other cause other than ordinary use, including without limitation, accidents or acts of God; (iii) improper environment, excessive or inadequate heating or air conditioning, electrical power failures, surges, water damage or other irregularities; (iv) third party software or software drivers; or (v) damage during shipment.

  • ODUF Packing Specifications 6.3.1 A pack will contain a minimum of one message record or a maximum of 99,999 message records plus a pack header record and a pack trailer record. One transmission can contain a maximum of 99 packs and a minimum of one pack.

  • MODIFICATION OF CONTRACT TERMS The terms and conditions set forth in the Contract shall govern all transactions by Authorized User(s) under this Contract. The Contract may only be modified or amended upon mutual written agreement of the Commissioner and Contractor. The Contractor may, however, offer Authorized User(s) more advantageous pricing, payment, or other terms and conditions than those set forth in the Contract. In such event, a copy of such terms shall be furnished to the Authorized User(s) and Commissioner by the Contractor at the time of such offer. Other than where such terms are more advantageous for the Authorized User(s) than those set forth in the Contract, no alteration or modification of the terms of the Contract, including substitution of Product, shall be valid or binding against Authorized User(s) unless authorized by the Commissioner or specified in the Contract Award Notification. No such alteration or modification shall be made by unilaterally affixing such terms to Product upon delivery (including, but not limited to, attachment or inclusion of standard pre-printed order forms, product literature, “shrink wrap” terms accompanying software upon delivery, or other documents) or by incorporating such terms onto order forms, purchase orders or other documents forwarded by the Contractor for payment, notwithstanding Authorized User’s subsequent acceptance of Product, or that Authorized User has subsequently processed such document for approval or payment.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!