Common use of Rental Devices Ownership; Damage and Loss Clause in Contracts

Rental Devices Ownership; Damage and Loss. I. RANGE is and will remain the owner of each Rental Device unless title is conveyed to you in writing following RANGE’s confirmation to you of its receipt of your payment in full of the purchase price for the Rental Device. You will not grant any third party any right to use, possess, or control any Rental Device, sublease any Rental Device, attempt to dispose of any Rental Device, grant any interest or right in a Rental Device to any third party, or otherwise do anything that undermines RANGE’s ownership of each Rental Device. RANGE may, without notifying you, assign RANGE’s interest in any Rental Device, and in that event, RANGE’s assignee will have all of RANGE’s rights in the Rental Device under this Agreement, but none of RANGE’s obligations. You agree not to assert against RANGE’s assignee any claims, offsets, or defenses you may have against RANGE. Upon RANGE’s request, you will execute and deliver to RANGE any documents or forms for protecting RANGE’s ownership and interest in each Rental Device, including finance statements under the Uniform Commercial Code. II. Upon receipt of each Rental Device, you will examine each Rental Device, and unless you notify RANGE within five business days of your receipt of a Rental Device to any issue with a Rental Device, each Rental Device is deemed to be in good working order at the time of receipt. In the event that any Rental Device delivered to you is stolen, lost, damaged, or transferred to any third party, regardless of the circumstances or cause, you will immediately notify RANGE in writing and pay RANGE a purchase price equal to (1) during the first 12 months after you received the Rental Device, 100% of the Rental Device’s then-current RANGE list price shown on RANGE’s web site, or (2) after such 12 month period, 80% of such list price. This obligation does not apply to any damage to a Rental Device that is covered by the manufacturer’s warranty.

Rental Devices Ownership; Damage and Loss. I. RANGE FoneSoft is and will remain the owner of each Rental Device unless title is conveyed to you in writing following RANGEFoneSoft’s confirmation to you of its receipt of your payment in full of the purchase price for the Rental Device. You will not grant any third party any right to use, possess, or control any Rental Device, sublease any Rental Device, attempt to dispose of any Rental Device, grant any interest or right in a Rental Device to any third party, or otherwise do anything that undermines RANGEFoneSoft’s ownership of each Rental Device. RANGE FoneSoft may, without notifying you, assign RANGEFoneSoft’s interest in any Rental Device, and in that event, RANGEFoneSoft’s assignee will have all of RANGEFoneSoft’s rights in the Rental Device under this Agreement, but none of RANGEFoneSoft’s obligations. You agree not to assert against RANGEFoneSoft’s assignee any claims, offsets, or defenses you may have against RANGEFoneSoft. Upon RANGEFoneSoft’s request, you will execute and deliver to RANGE FoneSoft any documents or forms for protecting RANGEFoneSoft’s ownership and interest in each Rental Device, including finance statements under the Uniform Commercial Code. II. Upon receipt of each Rental Device, you will examine each Rental Device, and unless you notify RANGE FoneSoft within five business days of your receipt of a Rental Device to any issue with a Rental Device, each Rental Device is deemed to be in good working order at the time of receipt. In the event that any Rental Device delivered to you is stolen, lost, damaged, or transferred to any third party, regardless of the circumstances or cause, you will immediately notify RANGE FoneSoft in writing and pay RANGE FoneSoft a purchase price equal to (1) during the first 12 months after you received the Rental Device, 100% of the Rental Device’s then-current RANGE FoneSoft list price shown on RANGE’s web siteprice, or (2) after such 12 month period, 80% of such list price. This obligation does not apply to any damage to a Rental Device that is covered by the manufacturer’s warranty. Rental Device Usage You will ensure that: (a) each Rental Device will only be used in a careful and proper manner and in accordance with the written instructions provided with it by FoneSoft, as may be updated by FoneSoft or the manufacturer of the Rental Device from time to time; (b) each Rental Device will be used with due care and will not be defaced, modified, or used or operated in any manner or for any purpose in violation of any federal, state, or local law or regulation; (c) each Rental Device must remain within the United States and may not be exported or re-exported to any country contrary to U.S. export laws; (d) any regulatory or certification markers affixed to a Rental Device may not be removed, defaced, or otherwise obstructed; and (e) each Rental Device will only be repaired subject to FoneSoft’s express written authorization and in accordance with FoneSoft’s instructions and requirements. Return or Purchase Rights Returns When you return a Rental Device, you agree to return a fully functional and non- damaged Rental Device to FoneSoft, at your risk and cost, and you agree that, to the extent that you do not do so, you will be obligated to pay FoneSoft a thirty-five dollar ($35.00) re-stocking fee. You agree to pay all shipping and handling charges related to any Rental Device and related hardware returns. All Rental Devices and related hardware must be fully functional, include all components, manuals, peripheral devices, and all other accessories that were originally shipped with the Rental Device. At our discretion, we may decline your return or charge you an additional fee of thirty dollars ($30) for each missing item or for each item that we determine is damaged or not in good working condition. Before returning any Rental Device or hardware that has data in its memory, please transfer all files you wish to retain to another file source. Once the hardware is returned, your files cannot be recovered and you release us of any liability for any lost, damaged, or destroyed files, data, or other information. Purchases You may purchase a Rental Device at any time following 12 months from the date you received the Rental Device. You agree to purchase the Rental Device for 80% of the Rental Device’s then-current FoneSoft list price.

Rental Devices Ownership; Damage and Loss. I. RANGE XTRACOM is and will remain the owner of each Rental Device unless title is conveyed to you in writing writin g following RANGEXTRACOM’s confirmation to you of its receipt of your payment in full of the purchase price for the Rental Device. You will not grant any third party any right to use, possess, or control any Rental Device, sublease any Rental Device, attempt to dispose of any Rental Device, grant any interest or right in a Rental Device to any third party, or otherwise do anything that undermines RANGEXTRACOM’s ownership of each Rental Device. RANGE XTRACOM may, without notifying notif ying you, assign RANGEXTRACOM’s interest in any Rental Device, and in that event, RANGEXXXXXXX’s assignee will have all of RANGEXTRACOM’s rights in the Rental Device under this Agreement, but none of RANGEXTRACOM’s obligations. You agree not to assert against RANGEXXXXXXX’s assignee any claims, offsets, or defenses you may have against RANGEXTRACOM. Upon RANGEXXXXXXX’s request, you will execute and deliver to RANGE XTRACOM any documents or forms for protecting RANGEXTRACOM’s ownership and interest in each Rental Device, including finance statements under the Uniform Commercial Code. II. Upon receipt of each Rental Device, you will examine each Rental Device, and unless you notify RANGE XTRACOM within five business days of your receipt of a Rental Device to any issue with a Rental Device, each Rental Device is deemed to be in good working order at the time of receipt. In the event that any Rental Device delivered to you is stolen, lost, damaged, or transferred to any third party, regardless of the circumstances circumstanc es or cause, you will immediately notify RANGE XTRACOM in writing and pay RANGE XTRACOM a purchase price equal equ al to (1) during the first f irst 12 months after you received the Rental Device, 100% of the Rental Device’s then-current RANGE XTRACOM list price shown on RANGEXTRACOM’s web site, or (2) after such 12 month period, 80% of such list price. This obligation does not apply to any damage to a Rental Device that is covered by the manufacturer’s warranty. You will ensure that: (a) each Rental Device will only be used in a careful and proper manner and in accordance with the writ ten instructions provided with it by XTRACOM, as may be updated by XTRACOM or the manufacturer of the Rental Device from time to time; (b) each Rental Devic e will be used with due care and will not be defaced, modified, or used or operated in any manner or for any purpose in violation o f any federal, state, or local law or regulation; (c) each Rental Device must remain within the United States and may not be exported or re -exported to any country contrary to U.S. export laws; (d) any regulatory or certification markers affixed to a Rental Device may not be removed, defaced, or otherwise obstructed; and (e) each Rental Device will only be repaired subject to XTRACOM’s express written authorization and in accordance with XTRACOM’s instructions and requirements. When you return a Rental Device, you agree to return a fully functional and non-damaged Rental Device to XTRACOM, at your risk and cost, and you agree that, to the extent that you do not do so, you will be obligated to pay XTRACOM a thirty -five dollar ($35.00) re-stocking fee per device. You agree to pay all shipping and handling charges related to any Rental Device and related hardware returns. All Rental Devices and related hardware must be fully functional, include all components, manuals, peripher al devices, and all other accessories that were originally shipped with the Rental Device. At our discretion, we may decline your return or charge you an additional fee of thirty dollars ($30) for each missing item or for each item that we determine is dam aged or not in good working condition. Before returning any Rental Device or hardware that has data in its memory, please transfer all files you wish to retain to a nother file source. Once the hardware is returned, your files cannot be recovered and you release us of any liability for any lost, damaged, or destroyed f iles, data, or other information.

Rental Devices Ownership; Damage and Loss. I. RANGE Crosswind is and will remain the owner of each Rental Device unless title is conveyed to you in writing following RANGECrosswind’s confirmation to you of its receipt of your payment in full of the purchase price for the Rental Device. You will not grant any third party any right to use, possess, or control any Rental Device, sublease any Rental Device, attempt to dispose of any Rental Device, grant any interest or right in a Rental Device to any third party, or otherwise do anything that undermines RANGECrosswind’s ownership of each Rental Device. RANGE Crosswind may, without notifying you, assign RANGECrosswind’s interest in any Rental Device, and in that event, RANGECrosswind’s assignee will have all of RANGECrosswind’s rights in the Rental Device under this Agreement, but none of RANGECrosswind’s obligations. You agree not to assert against RANGECrosswind’s assignee assigned any claims, offsets, or defenses you may have against RANGECrosswind. Upon RANGECrosswind’s request, you will execute and deliver to RANGE Crosswind any documents or forms for protecting RANGECrosswind’s ownership and interest in each Rental Device, including finance statements under the Uniform Commercial Code. II. Upon receipt RENTAL DEVICE USAGE You will ensure that : (a) each Rental Device will only be used in a careful and proper manner and in accordance with the written instructions provided with it by Crosswind, as may be updated by Crosswind or the manufacturer of the Rental Device from time to time; (b) each Rental Device will be used with due care and will not be defaced, modified, or used or operated in any manner or for any purpose in violation of any federal, state, or local law or regulation; (c) each Rental Device must remain within the United States and may not be exported or re-exported to any country contrary to U.S. export laws; (d) any regulatory or certification markers affixed to a Rental Device may not be removed, defaced, or otherwise obstructed; and (e)each Rental Device will only be repaired subject to Crosswind’s express written authorization and in accordance with Crosswind’s instructions and requirements. RETURNS OR PURCHASE RIGHTS RETURNS When you return a Rental Device, you will examine each Rental Device, agree to return a fully functional and unless you notify RANGE within five business days of your receipt of a non-damaged Rental Device to Crosswind, at your risk and cost, and you agree that, to the extent that you do not do so, you will be obligated to pay Crosswind a thirty-five dollar ($35.00) re-stocking fee. You agree to pay all shipping and handling charges related to any issue Rental Device and hardware returns. All Rental Devices and related hardware must be fully functional, include all components, manuals, peripheral devices, and all other accessories that were originally shipped with a the Rental Device. At our discretion, we may decline your return or charge you an additional fee of thirty dollars ($30) for each Rental Device missing item or for each item that we determine is deemed to be damaged or not in good working order at the time of receiptcondition. In the event that Before returning any Rental Device delivered or hardware that has data in its memory, please transfer all file you wish to retain to another file source. Once the hardware is returned, your files cannot be recovered and you is stolen, release Crosswind of any liability for any lost, damaged, or transferred to any third partydestroyed files, regardless of the circumstances or cause, you will immediately notify RANGE in writing and pay RANGE a purchase price equal to (1) during the first 12 months after you received the Rental Device, 100% of the Rental Device’s then-current RANGE list price shown on RANGE’s web sitedata, or (2) after such 12 month period, 80% of such list price. This obligation does not apply to any damage to a Rental Device that is covered by the manufacturer’s warrantyother information.

Rental Devices Ownership; Damage and Loss. I. RANGE XxxxXxx is and will remain the owner of each Rental Device unless title is conveyed to you in writing following RANGEPivaTel’s confirmation to you of its receipt of your payment in full of the purchase price for the Rental Device. You will not grant any third party any right to use, possess, or control any Rental Device, sublease any Rental Device, attempt to dispose of any Rental Device, grant any interest or right in a Rental Device to any third party, or otherwise do anything that undermines RANGEPivaTel’s ownership of each Rental Device. RANGE PivaTel may, without notifying you, assign RANGEPivaTel’s interest in any Rental Device, and in that event, RANGEPivaTel’s assignee will have all of RANGEPivaTel’s rights in the Rental Device under this Agreement, but none of RANGEPivaTel’s obligations. You agree not to assert against RANGEXxxxXxx’s assignee any claims, offsets, or defenses you may have against RANGEPivaTel. Upon RANGEXxxxXxx’s request, you will execute and deliver to RANGE PivaTel any documents or forms for protecting RANGEXxxxXxx’s ownership and interest in each Rental Device, including finance statements under the Uniform Commercial Code. II. Upon receipt of each Rental Device, you will examine each Rental Device, and unless you notify RANGE PivaTel within five business days of your receipt of a Rental Device to any issue with a Rental Device, each Rental Device is deemed to be in good working order at the time of receipt. In the event that any Rental Device delivered to you is stolen, lost, damaged, or transferred to any third party, regardless of the circumstances or cause, you will immediately notify RANGE PivaTel in writing and pay RANGE PivaTel a purchase price equal to (1) during the first 12 months after you received the Rental Device, 100% of the Rental Device’s then-current RANGE PivaTel’s list price shown on RANGEPivaTel’s web site, or (2) after such 12 month period, 80% of such list price. This obligation does not apply to any damage to a Rental Device that is covered by the manufacturer’s warranty. Rental Device Usage You will ensure that: (a) each Rental Device will only be used in a careful and proper manner and in accordance with the written instructions provided with it by PivaTel, as may be updated by PivaTel or the manufacturer of the Rental Device from time to time; (b) each Rental Device will be used with due care and will not be defaced, modified, or used or operated in any manner or for any purpose in violation of any federal, state, or local law or regulation; (c) each Rental Device must remain within the United States and may not be exported or re-exported to any country contrary to U.S. export laws; (d) any regulatory or certification markers affixed to a Rental Device may not be removed, defaced, or otherwise obstructed; and (e) each Rental Device will only be repaired subject to PivaTel’s express written authorization and in accordance with PivaTel’s instructions and requirements. Returns When you return a Rental Device, you agree to return a fully functional and non-damaged Rental Device to PivaTel, at your risk and cost, and you agree that, to the extent that you do not do so, you will be obligated to pay PivaTel a thirty-five dollar ($35.00) re-stocking fee. You agree to pay all shipping and handling charges related to any Rental Device and related hardware returns. All Rental Devices and related hardware must be fully functional, include all components, manuals, peripheral devices, and all other accessories that were originally shipped with the Rental Device. At our discretion, we may decline your return or charge you an additional fee of thirty dollars ($30) for each missing item or for each item that we determine is damaged or not in good working condition. Before returning any Rental Device or hardware that has data in its memory, please transfer all files you wish to retain to another file source. Once the hardware is returned, your files cannot be recovered and you release us of any liability for any lost, damaged, or destroyed files, data, or other information.

Rental Devices Ownership; Damage and Loss. I. RANGE ACC Telecom is and will remain the owner of each Rental Device unless title is conveyed to you in writing following RANGEACC Telecom’s confirmation to you of its receipt of your payment in full of the purchase price for the Rental Device. If both parties agree upon a Rent-to-Own payment plan in writing on the ACC Telecom Hosted, Cloud-based PBX, VoIP or SIP Services Purchase Agreement, then ACC Telecom will remain the owner of each Rental Device until the Rent-to-Own program terms have been fulfilled. You will not grant any third party any right to use, possess, or control any Rental Device, sublease any Rental Device, attempt to dispose of any Rental Device, grant any interest or right in a Rental Device to any third party, or otherwise do anything that undermines RANGEACC Telecom’s ownership of each Rental Device. RANGE ACC Telecom may, without notifying you, assign RANGEACC Telecom’s interest in any Rental Device, and in that event, RANGEACC Telecom’s assignee will have all of RANGEACC Telecom’s rights in the Rental Device under this Agreement, but none of RANGEACC Telecom’s obligations. You agree not to assert against RANGEACC Telecom’s assignee any claims, offsets, or defenses you may have against RANGEACC Telecom. Upon RANGEACC Telecom’s request, you will execute and deliver to RANGE ACC Telecom any documents or forms for protecting RANGEACC Telecom’s ownership and interest in each Rental Device, including finance statements under the Uniform Commercial Code. II. Upon receipt of each Rental Device, you will examine each Rental Device, and unless you notify RANGE ACC Telecom within five business days of your receipt of a Rental Device to any issue with a Rental Device, each Rental Device is deemed to be in good working order at the time of receipt. In the event that any Rental Device delivered to you is stolen, lost, damaged, or transferred to any third party, regardless of the circumstances or cause, you will immediately notify RANGE ACC Telecom in writing and pay RANGE ACC Telecom a purchase price equal to (1) during the first 12 months after you received the Rental Device, 100% of the Rental Device’s then-current RANGE ACC Telecom list price shown on RANGEACC Telecom’s web site, or (2) after such 12 month period, 80% of such list price. This obligation does not apply to any damage to a Rental Device that is covered by the manufacturer’s warranty. ACC Telecom’s Phone & Hardware Lease Program and Rental Agreement (“Rental Agreement”) covers parts replacement and/or refurbishment in the event of hardware failure due to mechanical defects and normal wear and tear. Replacement Rental Device will be preprogrammed, per availability, and shipped to Customer at their business location unless otherwise specified. Customer will send defect device back to ACC Telecom per designated courier call tag within 10 days of receipt of new device. Failure to return the defective Rental Device will result in a Non-Device Return Fee, which includes a purchase price equal to (1) during the first 12 months after you received the Rental Device, 100% of the Rental Device’s then-current ACC Telecom list price shown on ACC Telecom’s web site, or (2) after such 12 month period, 80% of such list price. ACC Telecom’s Phone & Hardware Lease Program and Rental Agreement (“Rental Agreement”) does not cover damage by an ‘Act of God’ (i.e.- floods, storms and lightning), fire damage, misuse and abuse including liquid damage, and disposable items such as batteries and headsets, or add-ons such as phone cameras or wall mounts. Should an ‘Act of God’ or similar occur within 12 months of the Device Rental Start Date, ACC Telecom will contact the Device manufacturer directly, on a case by case basis, to determine replacement coverage options, and should the Device manufacturer accept the return of the damaged device then no Device chargeback will occur. You will ensure that: (a) each Rental Device will only be used in a careful and proper manner and in accordance with the written instructions provided with it by ACC Telecom, as may be updated by ACC Telecom or the manufacturer of the Rental Device from time to time; (b) each Rental Device will be used with due care and will not be defaced, modified, or used or operated in any manner or for any purpose in violation of any federal, state, or local law or regulation; (c) each Rental Device must remain within the United States and may not be exported or re- exported to any country contrary to U.S. export laws; (d) any regulatory or certification markers affixed to a Rental Device may not be removed, defaced, or otherwise obstructed; and (e) each Rental Device will only be repaired subject to ACC Telecom’s express written authorization and in accordance with ACC Telecom’s instructions and requirements.