Common use of Hardware Clause in Contracts

Hardware. Medical Practice is solely responsible for acquiring, installing and maintaining any computer hardware necessary for Medical Practice to use the Software. Modernizing Medicine will not provide maintenance for any of Medical Practice’s hardware. Medical Practice is solely responsible for acquiring and maintaining such internet connections as are necessary for Medical Practice to access and use the Software. Without limiting the foregoing, if Modernizing Medicine provides any iPads to Medical Practice pursuant to Schedule “A” of the License Agreement then Medical Practice acknowledges and agrees that: (i) such iPads have been provided to Medical Practice so that Medical Practice may better utilize the Software and to evaluate and provide feedback to Modernizing Medicine on utility and connectivity of the iPads with the Software, (ii) the Device Software may not be pre-loaded on the iPads and Medical Practice shall promptly download the applicable “app” from the Apple App Store pursuant to Modernizing Medicine’s instructions; (iii) no Medical Practice Data will be stored on the iPads; (iv) Medical Practice shall provide feedback to Modernizing Medicine with respect to the operation of the iPads with the Software upon the reasonable request of Modernizing Medicine; (v) Modernizing Medicine has no obligation to repair or replace any iPad provided by Modernizing Medicine to Medical Practice for any reason and (vi) Medical Practice shall return each iPad provided to it hereunder to Modernizing Medicine upon the earlier of expiration or termination of this Agreement in good condition.

Hardware. Medical Practice is solely responsible for acquiring, installing and maintaining any computer hardware necessary for Medical Practice to use the Software. Modernizing Medicine will not provide maintenance for any of Medical Practice’s hardware. Medical Practice is solely responsible for acquiring and maintaining such internet connections as are necessary for Medical Practice to access and use the Software. Without limiting the foregoing, if Modernizing Medicine provides any iPads to Medical Practice pursuant to Schedule “A” of the License this Agreement then Medical Practice acknowledges and agrees that: (i) such iPads have been provided to Medical Practice so that Medical Practice may better utilize the Software and to evaluate and provide feedback to Modernizing Medicine on utility and connectivity of the iPads with the Software, (ii) the Device Software may not be pre-loaded on the iPads and Medical Practice shall promptly download the applicable “app” from the Apple App Store pursuant to Modernizing Medicine’s instructions; (iii) no Medical Practice Data will be stored on the iPads; (iv) Medical Practice shall provide feedback to Modernizing Medicine with respect to the operation of the iPads with the Software upon the reasonable request of Modernizing Medicine; (v) Modernizing Medicine has no obligation to repair or replace any iPad provided by Modernizing Medicine to Medical Practice for any reason and (vi) Medical Practice shall return each iPad provided to it hereunder to Modernizing Medicine upon the earlier of expiration or termination of this Agreement in good conditionAgreement.