SCANNERS AND OTHER EQUIPMENT AND SOFTWARE Sample Clauses

SCANNERS AND OTHER EQUIPMENT AND SOFTWARE. Scanners used by Customer to provide the RDC Service must be purchased, through Bank, from the vendor(s) specified by Bank, which may change from time to time. Bank will facilitate Customer’s purchase of scanner(s), and, provided that Customer has paid to Bank all amounts due and owing to Bank with respect to the scanner(s) and is not otherwise in default of any of its obligations to Bank, Bank shall transfer to Customer any right, title , and interest that Bank may have at the time of Customer’s receipt of the scanner(s) in (i) the scanner(s) and (ii) any assignable warranties provided by the manufacturer or vendor of the scanner(s) to the purchaser of the scanner(s). If the purchase fee has been waived with respect to such purchase, in the event of termination of the RDC Service, Customer shall, promptly return the scanner to Bank. Notwithstanding Bank’s assistance to Customer in connection with Customer’s purchase of such scanner(s), Customer understands and acknowledges that Bank is not the manufacturer or vendor of the scanner(s). Customer agrees to look solely to the manufacturer or vendor (as appropriate) in the event of any malfunction or non-performance of the scanner(s). Customer understands, acknowledges, and agrees that Bank assumes no responsibility for the maintenance, repair, performance or malfunction of the scanner(s). As to Bank, Customer acknowledges and agrees that the scanner(s) are provided “AS-IS” and “WITH ALL FAULTS” AND THAT BANK MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WITH RESPECT TO ANY ASSISTANCE OR SERVICES RENDERED BY BANK TO CUSTOMER UNDER THIS SECTION XIII.D. OR WITH RESPECT TO THE SCANNERS OR ANY RELATED EQUIPMENT, SOFTWARE, OR OTHER TANGIBLE OR INTANGIBLE PROPERTY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR TITLE, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF MERCHANTABILITY. Customer is solely responsible for purchasing, obtaining, installing and operating any and all equipment other than scanners, and all software needed to use the RDC Service. Bank will provide Customer with minimum specifications for software and other equipment. Customer agrees to abide by any and all minimum specifications for scanners, equipment and software. Customer acknowledges and agrees that Bank shall not be liable for the maintenance, repair, performance, or malfunction of third party software, scanners, or other equipment used by Customer in connection with the RDC Service...
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