Subscribed Hardware. Title to subscribed Hardware shall at all times remain with NCR and if NCR requires a label or other indicator of NCR’s interest to be placed on the Hardware then you will so apply the label or not remove any such label already affixed to the Hardware. Upon termination of the Service for any reason, you will immediately return to NCR of all NCR property affected by such termination (including, but not limited to, the subscribed Hardware, the NCR Software, Documentation, and all proprietary information of NCR, together with all copies thereof). If any NCR property is not returned to NCR in good condition and working order after the termination of this Agreement, NCR reserves the right to charge you the then current purchase or license list price charged by NCR for such unreturned items. Prior to returning the NCR property, Customer shall be solely responsible for backing-up all Customer data and information on the NCR property and deleting such data and information from the NCR property as necessary. It is your responsibility to remove any proprietary, confidential or other sensitive data stored on the subscribed Hardware prior to returning it to NCR. NCR is not responsible for the use or misuse of data stored on subscribed Hardware that has been return. Upon termination of this Agreement and receipt of returned NCR property, NCR, in its sole and absolute discretion, may purge all such data and information. In any collection action, Customer agrees to be liable to NCR for NCR’s costs of collection, including expenses and reasonable attorneys’ fees.
Subscribed Hardware. 8.1 In consideration for the payment of all applicable Fees, CoolCare shall provide the Subscribed Hardware to the Customer in accordance with these Conditions.
Subscribed Hardware. Title to subscribed Hardware will at all times remain with NCR and if NCR requires a label or other indicator of NCR’s interest to be placed on the Hardware then you will so apply the label or not remove any such label already affixed to the Hardware. Upon termination of the Service for any reason, you will immediately return to NCR of all NCR property affected by such termination (including, but not limited to, the subscribed Hardware, the NCR Software, Documentation, and all proprietary information of NCR, together with all copies). You will keep and use the Hardware only at the Licensed Site designated for such Hardware. You agree that the Hardware will not be removed from the designed License Site(s) unless you obtain NCR’s written permission in advance. You are responsible for protecting the Hardware from damage and from any other kind of loss while you have use of the Hardware. You are responsible for and accept the risk of loss or damage to the Hardware while in use by you or in your possession. You agree to keep subscribed Hardware insured against all risks of loss in an amount at least equal to the replacement cost during the term of this Agreement and will list NCR as loss payee and as an additional insured. If subscribed Hardware is damaged or lost at any time during the term of this Agreement, you agree to be responsible for payment to NCR of NCR’s then list price for such Hardware. You will give NCR reasonable access to subscribed Hardware so that NCR can check the subscribed Hardware’s existence, condition, and proper maintenance. At your own cost and expense, you will keep the subscribed Hardware in good repair, condition and working order, ordinary wear and tear excepted. You will not make any permanent alterations to the subscribed Hardware, and all replacement parts and repairs made or affixed to the Hardware will become part of the subscribed Hardware and title thereto will vest in NCR. In the event you return subscribed Hardware to NCR prior to the end of the Initial Term, you agree to pay NCR’s restocking fees.. NCR retains and may perfect a purchase money security interest in subscribed Hardware. The security interest will be fully satisfied and dissolved when NCR receives payment of the purchase price for the Products, and if NCR has recorded a financing statement, then upon your written request it will record a corresponding release after receipt of full payment, or authorize you to file such a release. Without limiting any rights u...
Subscribed Hardware. You will periodically visually inspect, and will maintain in good working order, Subscribed Hardware. You will immediately notify us if Subscribed Hardware requires warranty or non-warranty repair or replacement. You agree that we have no duty or responsibility to inspect the Subscribed Hardware while in your possession. If we would like to inspect Subscribed Hardware, we will work together in good faith to arrange such inspection. In the event Subscribed Hardware is lost, stolen, damaged, or otherwise rendered inoperable or unusable due to the acts and omissions of you or any third party other than a Trimble Authorized Installer (collectively, “Lost or Damaged Hardware”), you will immediately notify us of such event, and we will promptly ship to you from available inventory and invoice to you at the current list price, and you agree to pay to us, the cost of replacements for that Lost or Damaged Hardware as well as associated shipping expenses.
Subscribed Hardware
