Common use of Hardware Lease Clause in Contracts

Hardware Lease. Subject Matter This Part, the hardware lease terms, will apply to the non-permanent transfer of Hardware for use during the duration of the Contract (“Leased Hardware”) to the Customer by TeamViewer (“Hardware Lease”). The subject matter of the Hardware Lease shall be the supply of the Hardware as provided in the applicable Contract and the non-permanent transfer of usage rights and possession of the Hardware and the payment of the agreed fee. Unless otherwise specified in this section, the Hardware Specific Terms shall apply to the Hardware Lease mutatis mutandis. TeamViewer Obligations TeamViewer shall grant to Customer the usage rights to and possession of the Hardware for the term of the Hardware Lease. Customer Obligations Upon delivery thereof, Customer shall ensure the proper functioning of the Leased Hardware before commencing use. During the duration of the Hardware Lease, Customer shall treat the Leased Hardware with due care as per the manufacturer’s manual and recommendations. Customer shall bear all operating costs incurred when using the Leased Hardware, including all cleaning and running costs. All maintenance and repair costs as well as any necessary repairs of the equipment, components and accessories of the Leased Hardware which are based on the use by the Customer shall be carried out by the Customer at Customer’s own expense. Customer shall notify TeamViewer immediately of any damage to the Leased Hardware, providing where available, comprehensive information on the cause of and the person responsible for the damage. In case of damages to the Leased Hardware, which do not regularly occur solely as a result of normal contractual wear and tear, Customer shall bear the burden of proof that the deterioration of the Leased Object was not caused by him and was not his fault. Customer shall require the prior written consent by TeamViewer in case of Customer wishing for third parties to use the Leased Hardware, including but not limited to subleasing or other complete or partial transfer of possession of the Leased Hardware (together the “Transfer of

Appears in 1 contract

Sources: End User License Agreement (Eula)

Hardware Lease. Subject Matter This Part, the hardware lease terms, will apply to the non-permanent transfer for use of Hardware for use during the duration of the Contract (“Leased Hardware”) to the Customer by TeamViewer (“Hardware Lease”). The subject matter of the Hardware Lease shall be the supply of the Hardware as provided in the applicable Contract and the non-permanent transfer of usage rights and possession of the Hardware and the payment of the agreed fee. Unless otherwise specified in this section, the Hardware Specific Terms shall apply to the Hardware Lease mutatis mutandis. TeamViewer Obligations TeamViewer shall grant to Customer the usage rights to and possession of the Hardware for the term of the Hardware Lease. Customer Obligations Upon delivery thereof, Customer shall ensure the proper functioning of the Leased Hardware before commencing use. During the duration of the Hardware Lease, Customer shall treat the Leased Hardware with due care as per the manufacturer’s manual and recommendations. Customer shall bear all operating costs incurred when using the Leased Hardware, including all cleaning and running costs. All maintenance and repair costs as well as any necessary repairs of the equipment, components and accessories of the Leased Hardware which are based on the use by the Customer shall be carried out by the Customer at Customer’s own expense. Customer shall notify TeamViewer immediately of any damage to the Leased Hardware, providing where available, comprehensive information on the cause of and the person responsible for the damage. In case of damages to the Leased Hardware, which do not regularly occur solely as a result of normal contractual wear and tear, Customer shall bear the burden of proof that the deterioration of the Leased Object was not caused by him and was not his fault. Customer shall require the prior written consent by TeamViewer in case of Customer wishing for third parties to use the Leased Hardware, including but not limited to subleasing or other complete or partial transfer of possession of the Leased Hardware (together the “Transfer of

Appears in 1 contract

Sources: End User License Agreement (Eula)

Hardware Lease. Subject Matter This Part, the hardware lease terms, will apply to the non-permanent transfer of Hardware for use during the duration of the Contract (“Leased Hardware”) to the Customer by TeamViewer (“Hardware Lease”). The subject matter of the Hardware Lease shall be the supply of the Hardware as provided in the applicable Contract and the non-permanent transfer of usage rights and possession of the Hardware and the payment of the agreed fee. Unless otherwise specified in this section, the Hardware Specific Terms shall apply to the Hardware Lease mutatis mutandis. TeamViewer Obligations TeamViewer shall grant to Customer the usage rights to and possession of the Hardware for the term of the Hardware Lease. Customer Obligations Upon delivery thereof, Customer shall ensure the proper functioning of the Leased Hardware before commencing use. During the duration of the Hardware Lease, Customer shall treat the Leased Hardware with due care as per the manufacturer’s manual and recommendations. Customer shall bear all operating costs incurred when using the Leased Hardware, including all cleaning and running costs. All maintenance and repair costs as well as any necessary repairs of the equipment, components and accessories of the Leased Hardware which are based on the use by the Customer shall be carried out by the Customer at Customer’s own expense. Customer shall notify TeamViewer immediately of any damage to the Leased Hardware, providing where available, comprehensive information on the cause of and the person responsible for the damage. In case of damages to the Leased Hardware, which do not regularly occur solely as a result of normal contractual wear and tear, Customer shall bear the burden of proof that the deterioration of the Leased Object was not caused by him and was not his fault. Customer shall require the prior written consent by TeamViewer in case of Customer wishing for third parties to use the Leased Hardware, including but not limited to subleasing or other complete or partial transfer of possession of the Leased Hardware (together the “Transfer ofof Use”). In the event of any Transfer of Use to third parties, Customer shall be liable for all damage caused by the third party to whom the use of the Leased Hardware was transferred. Term and termination Unless otherwise specified in the Contract, the initial term of the Hardware Lease shall be twelve (12) months (“Initial Term”) and may be renewed for subsequent periods of twelve (12) months (each a “Renewal Term”) by executing a written order. A termination by Customer based on non-performance of service in conformity with the Contract shall only be admissible if TeamViewer had been given enough opportunities to eliminate the defects and has failed to do so or the subsequent performance was unsuccessful. Termination notice, including the notification of non-renewal of Contract pursuant to section B.5, must be made in text form (by signed letter, telefax or email). Customer shall address its termination notice to TeamViewer Germany GmbH, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ or by email to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇. Consequence of termination Customer shall at his own costs return the Leased Hardware at the end of the Hardware Lease including all accessories, manuals or documents. Should any modifications have been made to the Leased Hardware during the time of the Hardware Lease, Customer shall return the rented item to its original condition upon return.

Appears in 1 contract

Sources: End User License Agreement (Eula)