Equipment & Software. All equipment used in connection with the Mobile Deposit service must satisfy technical specifications and requirements set forth in the Documentation. Such technical specifications and requirements may change from time to time in Credit Union’s sole discretion. Member assumes responsibility for any loss, damages, claims, expenses, or liability arising from malfunction of Member’s equipment. Credit Union will not be responsible in any manner for any deficiency caused in whole or in part by inaccurate or otherwise deficient data programs, equipment, or communication facilities provided by Member or parties other than Credit Union. In addition, Member agrees that Member will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble, or decompile the Mobile Deposit technology or Service; (ii) copy or reproduce all or any part of the technology or Service; or (iii) interfere, or attempt to interfere, with the technology or Service.
Equipment & Software. 2.1 The User alone is solely responsible for the expense, installation, upgrade, maintenance and security of all hardware, software, and provision of telecommunications used to access the Service.
Equipment & Software. You must provide, properly install, update, and maintain in good working order, all software, hardware and Equipment necessary to use the Service. You accept full responsibility for the security and confidentiality of all matters related to the Equipment. Any Equipment requirements are described in the User Materials, as amended from time to time. Unless otherwise agreed between you and us, we are not responsible for the installation or setup of any Equipment. We do not guarantee access to any Services from all computers, modems or communication software packages. Should you choose to use equipment not listed in the User Materials or not previously authorized by us in writing, we may not support such equipment and you may not be able to access the Services with such equipment.
Equipment & Software. To access and use one or more of the Services, we may require that you have certain systems, equipment, computers, hardware, software, telecommunications equipment and services, and Internet access and services (“Customer System”). You are responsible at your sole expense for: (i) obtaining the Customer System, (ii) properly maintaining, in accordance with the vendors recommendations, the Customer System in good working order and ensuring that the Customer System continuously meets all of our applicable requirements. At our request, you will allow us or our designated representative to inspect or review the Customer System to ensure compliance. Such inspections or reviews will be conducted during normal business hours and in a reasonable manner so as not to disrupt your normal business operations. From time to time we may deem it necessary to hold training or retraining classes for you. You agree that you will require appropriate personnel to participate in such training. You will immediately return to us any software and associated documentation upon cancellation of the Service or termination of the Master Agreement, or earlier upon demand by us.
Equipment & Software. 21.1 The Contractor shall maintain an inventory list of all equipment, resources, and software purchased with WIC funds, either by the Contractor or by the Department and provided to the Contractor. All equipment, resources, and software purchased with WIC funds, both by the Contractor and purchased by the Department and provided to the Contractor, belong to the Department and must be returned to the Department if the Contractor no longer provides WIC services. This inventory list must include, but is not limited to:
Equipment & Software. The customer agrees to use the designated Internet Service Provider’s software products. Related fees involving installations, upgrades and maintenance in order to use the software are the customer’s sole responsibility.
Equipment & Software. The Services may include use of certain equipment owned, leased or controlled by FRONTIER that is located at non-FRONTIER locations (‘‘FRONTIER Equipment’’). Title to the FRONTIER Equipment will not pass to You. You must provide electric power for the FRONTIER Equipment and keep the FRONTIER Equipment physically secure and free from liens and encumbrances. You will bear the risk of loss or damage (other than ordinary wear and tear) to the FRONTIER Equipment.
Equipment & Software. 9.1 With effect from the Commencement Date for the Interim Period, WSCC shall:
Equipment & Software. ES&S warrants that for a 1 year period (the “Warranty Period”), it will repair or replace any component of the Equipment or ES&S Software which, while under normal use and service: (i) fails to perform in accordance with its Documentation in all material respects, or (ii) is defective in material or workmanship. The Warranty Period will commence upon delivery. Any repaired or replaced item of Equipment or ES&S Software shall be warranted only for the unexpired term of the Warranty Period. All replaced components of the Equipment or ES&S Software will become the property of ES&S. ES&S shall not be responsible for the repair or replacement of (i) consumable parts, such as batteries or protective coatings that are designed to diminish over time, (ii) cosmetic damage, including, but not limited to, screen cracks, scratches, dents and broken plastic or (iii) defects caused by normal wear and tear. All Equipment warranty services shall be provided at ES&S’ designated location. This warranty is effective provided that (i) Customer promptly notifies ES&S of the failure of performance or defect and is otherwise in compliance with its obligations hereunder, (ii) the Equipment or ES&S Software to be repaired or replaced has not been repaired, changed, modified or altered except as authorized or approved by ES&S, (iii) the Equipment or ES&S Software to be repaired or replaced is not damaged as a result of accident, theft, vandalism, neglect, abuse, liquid contact or use which is not in accordance with instructions or specifications furnished by ES&S or causes beyond the reasonable control of ES&S or Customer, including acts of God, fire, riots, acts of war, terrorism or insurrection, labor disputes, transportation delays, governmental regulations and utility or communication interruptions, and (iv) Customer has installed and is using the most recent Update provided to it by ES&S. This warranty is void for any units of equipment which: (i) have not been stored or operated in a temperature range according their specifications, (ii) have been severely handled so as to cause mechanical damage to the unit, or (iii) have been operated or handled in a manner inconsistent with reasonable treatment of an electronic product. Upon the expiration of the Warranty Period, the Customer shall be entitled to receive the Software Maintenance and Support Services described on Exhibit A, upon the payment of the applicable fees for such service.
Equipment & Software. All equipment and software being purchased/transferred to Cordia hereunder is in good working order, reasonable wear and tear excepted, and is usable in the ordinary course of business.
