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

Rental Devices Ownership; Damage and Loss. FoneSoft is and will remain the owner of each Rental Device unless title is conveyed to you in writing following FoneSoft’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 FoneSoft’s ownership of each Rental Device. FoneSoft may, without notifying you, assign FoneSoft’s interest in any Rental Device, and in that event, FoneSoft’s assignee will have all of FoneSoft’s rights in the Rental Device under this Agreement, but none of FoneSoft’s obligations. You agree not to assert against FoneSoft’s assignee any claims, offsets, or defenses you may have against FoneSoft. Upon FoneSoft’s request, you will execute and deliver to FoneSoft any documents or forms for protecting FoneSoft’s ownership and interest in each Rental Device, including finance statements under the Uniform Commercial Code. Upon receipt of each Rental Device, you will examine each Rental Device, and unless you notify 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 FoneSoft in writing and pay 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 FoneSoft list price, 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. FoneSoft XTRACOM is and will remain the owner of each Rental Device unless title is conveyed to you in writing writin g following FoneSoftXTRACOM’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 FoneSoftXTRACOM’s ownership of each Rental Device. FoneSoft XTRACOM may, without notifying notif ying you, assign FoneSoftXTRACOM’s interest in any Rental Device, and in that event, FoneSoftXXXXXXX’s assignee will have all of FoneSoftXTRACOM’s rights in the Rental Device under this Agreement, but none of FoneSoftXTRACOM’s obligations. You agree not to assert against FoneSoftXXXXXXX’s assignee any claims, offsets, or defenses you may have against FoneSoftXTRACOM. Upon FoneSoftXXXXXXX’s request, you will execute and deliver to FoneSoft XTRACOM any documents or forms for protecting FoneSoftXTRACOM’s ownership and interest in each Rental Device, including finance statements under the Uniform Commercial Code. Upon receipt of each Rental Device, you will examine each Rental Device, and unless you notify FoneSoft 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 FoneSoft XTRACOM in writing and pay FoneSoft 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 FoneSoft XTRACOM list priceprice shown on XTRACOM’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 writ ten instructions provided with it by FoneSoftXTRACOM, as may be updated by FoneSoft XTRACOM or the manufacturer of the Rental Device from time to time; (b) each Rental Device 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 of 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 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 FoneSoftXTRACOM’s express written authorization and in accordance with FoneSoftXTRACOM’s instructions and requirements. Return or Purchase Rights Returns RightsReturns When you return a Rental Device, you agree to return a fully functional and non- non-damaged Rental Device to FoneSoftXTRACOM, 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 XTRACOM a thirty-five thirty -five dollar ($35.00) re-stocking feefee 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, peripheral 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 damaged 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 another 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 filesf iles, 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. FoneSoft ACC Telecom is and will remain the owner of each Rental Device unless title is conveyed to you in writing following FoneSoftACC 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 FoneSoftACC Telecom’s ownership of each Rental Device. FoneSoft ACC Telecom may, without notifying you, assign FoneSoftACC Telecom’s interest in any Rental Device, and in that event, FoneSoftACC Telecom’s assignee will have all of FoneSoftACC Telecom’s rights in the Rental Device under this Agreement, but none of FoneSoftACC Telecom’s obligations. You agree not to assert against FoneSoftACC Telecom’s assignee any claims, offsets, or defenses you may have against FoneSoftACC Telecom. Upon FoneSoftACC Telecom’s request, you will execute and deliver to FoneSoft ACC Telecom any documents or forms for protecting FoneSoftACC Telecom’s ownership and interest in each Rental Device, including finance statements under the Uniform Commercial Code. Upon receipt of each Rental Device, you will examine each Rental Device, and unless you notify FoneSoft 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 FoneSoft ACC Telecom in writing and pay FoneSoft 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 FoneSoft ACC Telecom list priceprice shown on ACC 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. Replacement Policy of Rental Device 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. 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 FoneSoftACC Telecom, as may be updated by FoneSoft 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-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 FoneSoftACC Telecom’s express written authorization and in accordance with FoneSoftACC Telecom’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. FoneSoft Crosswind is and will remain the owner of each Rental Device unless title is conveyed to you in writing following FoneSoftCrosswind’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 FoneSoftCrosswind’s ownership of each Rental Device. FoneSoft Crosswind may, without notifying you, assign FoneSoftCrosswind’s interest in any Rental Device, and in that event, FoneSoftCrosswind’s assignee will have all of FoneSoftCrosswind’s rights in the Rental Device under this Agreement, but none of FoneSoftCrosswind’s obligations. You agree not to assert against FoneSoftCrosswind’s assignee assigned any claims, offsets, or defenses you may have against FoneSoftCrosswind. Upon FoneSoftCrosswind’s request, you will execute and deliver to FoneSoft Crosswind any documents or forms for protecting FoneSoftCrosswind’s ownership and interest in each Rental Device, including finance statements under the Uniform Commercial Code. Upon receipt of each Rental Device, you will examine each Rental Device, and unless you notify 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 FoneSoft in writing and pay 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 FoneSoft list price, 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 RENTAL DEVICE USAGE You will ensure thatthat : (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 FoneSoftCrosswind, as may be updated by FoneSoft 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 e)each Rental Device will only be repaired subject to FoneSoftCrosswind’s express written authorization and in accordance with FoneSoftCrosswind’s instructions and requirements. Return or Purchase Rights Returns RETURNS OR PURCHASE RIGHTS RETURNS When you return a Rental Device, you agree to return a fully functional and non- non-damaged Rental Device to FoneSoftCrosswind, 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 Crosswind 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 file you wish to retain to another file source. Once the hardware is returned, your files cannot be recovered and you release us Crosswind 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. FoneSoft XxxxXxx is and will remain the owner of each Rental Device unless title is conveyed to you in writing following FoneSoftPivaTel’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 FoneSoftPivaTel’s ownership of each Rental Device. FoneSoft PivaTel may, without notifying you, assign FoneSoftPivaTel’s interest in any Rental Device, and in that event, FoneSoftPivaTel’s assignee will have all of FoneSoftPivaTel’s rights in the Rental Device under this Agreement, but none of FoneSoftPivaTel’s obligations. You agree not to assert against FoneSoftXxxxXxx’s assignee any claims, offsets, or defenses you may have against FoneSoftPivaTel. Upon FoneSoftXxxxXxx’s request, you will execute and deliver to FoneSoft PivaTel any documents or forms for protecting FoneSoftXxxxXxx’s ownership and interest in each Rental Device, including finance statements under the Uniform Commercial Code. Upon receipt of each Rental Device, you will examine each Rental Device, and unless you notify FoneSoft 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 FoneSoft PivaTel in writing and pay FoneSoft 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 FoneSoft PivaTel’s list priceprice shown on PivaTel’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 FoneSoftPivaTel, as may be updated by FoneSoft 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 FoneSoftPivaTel’s express written authorization and in accordance with FoneSoftPivaTel’s instructions and requirements. Return or Purchase Rights Returns When you return a Rental Device, you agree to return a fully functional and non- non-damaged Rental Device to FoneSoftPivaTel, 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 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. 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. FoneSoft XTRACOM is and will remain the owner of each Rental Device unless title is conveyed to you in writing writin g following FoneSoftXTRACOM’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 FoneSoftXTRACOM’s ownership of each Rental Device. FoneSoft XTRACOM may, without notifying notif ying you, assign FoneSoftXTRACOM’s interest in any Rental Device, and in that event, FoneSoftXTRACOM’s assignee will have all of FoneSoftXTRACOM’s rights in the Rental Device under this Agreement, but none of FoneSoftXTRACOM’s obligations. You agree not to assert against FoneSoftXTRACOM’s assignee any claims, offsets, or defenses you may have against FoneSoftXTRACOM. Upon FoneSoftXTRACOM’s request, you will execute and deliver to FoneSoft XTRACOM any documents or forms for protecting FoneSoftXTRACOM’s ownership and interest in each Rental Device, including finance statements under the Uniform Commercial Code. Upon receipt of each Rental Device, you will examine each Rental Device, and unless you notify FoneSoft 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 FoneSoft XTRACOM in writing and pay FoneSoft 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 FoneSoft XTRACOM list priceprice shown on XTRACOM’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 writ ten instructions provided with it by FoneSoftXTRACOM, as may be updated by FoneSoft XTRACOM or the manufacturer of the Rental Device from time to time; (b) each Rental Device 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 of 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 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 FoneSoftXTRACOM’s express written authorization and in accordance with FoneSoftXTRACOM’s instructions and requirements. Return or Purchase Rights Returns RightsReturns When you return a Rental Device, you agree to return a fully functional and non- non-damaged Rental Device to FoneSoftXTRACOM, 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 XTRACOM a thirty-five thirty -five dollar ($35.00) re-stocking feefee 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, peripheral 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 damaged 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 another 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 filesf iles, 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.