Common use of Provision of Appliances Clause in Contracts

Provision of Appliances. Unless otherwise agreed in writing between the Parties, title to the Appliance (and all components thereof) will remain with Darktrace at all times. The Appliance is provided solely as the medium for delivery and operation of the Software and must not be used for any other purpose. Use of the specified Appliance is included in the Fees. Upon termination or expiration of the applicable Subscription Period, Customer shall return the physical components of the Appliance to Darktrace, securely and properly packaged, with carriage (and insurance at Customer’s option) prepaid. Whilst the Appliance is in Customer’s possession, Customer must (a) clearly designate the Appliance as Darktrace’s property; (b) hold the Appliance on a fiduciary basis as Darktrace’s bailee; (c) store and use the Appliance in a proper manner in conditions which adequately protect and preserve the Appliance; (d) insure the Appliance against all risks to its full replacement value; (e) not sell, charge, pledge, mortgage or otherwise dispose of the Appliance or any part of it; (f) not permit any lien to arise over the Appliance (or part thereof); and (g) keep the Appliance free from distress, execution and other legal process. Customer will be granted the right to access and use the Software on the Appliance during the Subscription Period specified in the relevant Product Order Form on the terms of Clause 5 below.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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Provision of Appliances. Unless otherwise agreed in writing between the Parties, title to the Appliance (and all components thereof) will remain with Darktrace at all times. The Appliance is provided solely as the medium for delivery and operation of the Software and must not be used for any other purpose. Use of the specified Appliance is included in the Fees. Upon termination or expiration of the applicable Subscription Period, Customer shall promptly return the physical components of the Appliance to Darktrace, securely and properly packaged, with carriage (and insurance at Customer’s option) prepaid. Whilst the Appliance is in Customer’s possession, Customer must (a) clearly designate the Appliance as Darktrace’s property; (b) hold the Appliance on a fiduciary basis as Darktrace’s bailee; (c) store and use the Appliance in a proper manner in conditions which adequately protect and preserve the Appliance; (d) insure the Appliance against all risks to its full replacement value; (e) not sell, charge, pledge, mortgage or otherwise dispose of the Appliance or any part of it; (f) not permit any lien to arise over the Appliance (or part thereof); and (g) keep the Appliance free from distress, execution and other legal process. Customer will be granted the right to access and use the Software on the Appliance during the Subscription Period specified in the relevant Product Order Form on the terms of Clause 5 below.

Appears in 1 contract

Samples: Master Services Agreement

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Provision of Appliances. Unless otherwise agreed in writing between the Parties, title to the Appliance (and all components thereof) will remain with Darktrace at all times. The Appliance is provided solely as the medium for delivery and operation of the Software and must not be used for any other purpose. Use of the specified Appliance is included in the Fees. Upon termination or expiration of the applicable Subscription Period, Customer shall promptly return the physical components of the Appliance to Darktrace, securely and properly packaged, with carriage (and insurance at Customer’s option) prepaid. Whilst the Appliance is in Customer’s possession, Customer must must (a) clearly designate the Appliance as Darktrace’s property; (b) hold the Appliance on a fiduciary basis as Darktrace’s bailee; (c) store and use the Appliance in a proper manner in conditions which adequately protect and preserve the Appliance; (d) insure the Appliance against all risks to its full replacement value; (e) not sell, charge, pledge, mortgage or otherwise dispose of the Appliance or any part of it; (f) not permit any lien to arise over the Appliance (or part thereof); and (g) keep the Appliance free from distress, execution and other legal process. Customer will be granted the right to access and use the Software on the Appliance during the Subscription Period specified in the relevant Product Order Form on the terms of Clause 5 below.

Appears in 1 contract

Samples: Master Services Agreement

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