Common use of Purchased & Customer-Provided Equipment Clause in Contracts

Purchased & Customer-Provided Equipment. Customer may elect to purchase certain equipment from Vyve for use of the Services at the applicable rates set forth in the Service Order(s) (collectively, “Purchased Equipment”). In addition to a cable modem, the use of the Service requires that Customer supply its own computer, Ethernet devices (if required) and operating systems that meet Vyve’s technical requirements. If the Service cannot be used because of the incompatibility of any such Customer-provided items, Customer will remain liable for all fees and charges under this Master Agreement. The fact that Vyve leases, sells, requires or approves a cable modem, computer, operating system or other item for use in the Service does not make Vyve responsible if it has defects or problems. Notwithstanding any contrary provision set forth in this Master Agreement, equipment and services on Customer’s side of the demarcation points, as well as any Purchased Equipment and Customer-provided equipment, are the sole responsibility of Customer. Customer alone shall be responsible for providing maintenance, repair, operation and placement of all inside telephone wiring and equipment and facilities on Customer’s side of the cable modem, route and/or coaxial input connection, all Purchased Equipment and all other Customer-provided equipment. Customer shall be responsible for the payment of all charges for troubleshooting, maintenance or repairs attempted or performed the Vyve’s employees or authorized contractors when the difficulty or trouble report results from Purchased Equipment or Customer-provided Equipment. Vyve shall not be responsible to Customer if changes in any of the facilities, operations or procedures of Vyve utilized in the provision of Service render any Purchased Equipment or Customer-provided Equipment obsolete or require modification or alteration of such equipment or otherwise affects its use or performance.