Subscribed Hardware Sample Clauses
Subscribed Hardware. Title to subscribed Hardware will at all times remain with NCR Voyix and if NCR Voyix requires a label or other indicator of NCR Voyix’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 Voyix of all NCR Voyix property affected by such termination (including, but not limited to, the subscribed Hardware, the NCR Voyix Software, Documentation, and all proprietary information of NCR Voyix, 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 Voyix’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 Voyix 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 Voyix of NCR Voyix’s then list price for such Hardware. You will give NCR Voyix reasonable access to subscribed Hardware so that NCR Voyix 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 Voyix. In the event you return subscribed Hardware to NCR Voyix prior to the end of the Initial Term, you agree to pay NCR Voyix’s restocking 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.
8.2 Use of the Subscribed Hardware shall be subject to any usage restrictions set out in the instruction manual for the relevant Subscribed Hardware, or as provided by CoolCare to the Customer in writing from time to time.
8.3 The Hardware Subscription shall commence on the Hardware Subscription Commencement Date and shall continue for the Hardware Subscription Period, unless terminated earlier in accordance with these Conditions. At the end of the Hardware Subscription Period the Fees for all Subscribed Hardware shall increase in accordance with CoolCare’s standard rates for such Subscribed Hardware then in force, and be charged monthly in advance until the end of the Subscribed Hardware Risk Period.
8.4 Subject to clause 8.1, any return of Subscribed Hardware to CoolCare shall be at the Customer’s expense.
8.5 The Subscribed Hardware shall remain at the sole risk of the Customer during the Subscribed Hardware Risk Period.
8.6 Title in and to the Subscribed Hardware shall at all times remain with CoolCare, and the Customer shall have no right, title or interest in or to the Subscribed Hardware (save the right to possession and use of the Subscribed Hardware subject to these Conditions.
8.7 During the Subscribed Hardware Risk Period, the Customer shall:
(a) ensure that the Subscribed Hardware is kept and operated in a suitable environment and used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by CoolCare;
(b) take such steps (including compliance with all safety and usage instructions provided by CoolCare) as may be necessary to ensure, so far as is reasonably practicable, that the Subscribed Hardware is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;
(c) not use the Subscribed Hardware for any unlawful purpose;
(d) maintain at its own expense the Subscribed Hardware in good and substantial repair in order to keep it in a condition similar to that at the Hardware Subscription Commencement Date (fair wear and tear excepted);
(e) keep CoolCare fully informed of all material matters relating to the Subscribed Hardware;
(f) keep the Subscribed Hardware at all times at the Customer Location and shall not move or attempt to...
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.
8.2 Use of the Subscribed Hardware shall be subject to any usage restrictions set out in the instruction manual for the relevant Subscribed Hardware, or as provided by CoolCare to the Customer in writing from time to time.
8.3 The Hardware Subscription shall commence on the Hardware Subscription Commencement Date and shall continue for the Hardware Subscription Period, unless terminated earlier in accordance with these Conditions. At the end of the Hardware Subscription Period the Fees for all Subscribed Hardware shall increase in accordance with CoolCare’s standard rates for such Subscribed Hardware then in force, and be charged monthly in advance until the end of the Subscribed Hardware Risk Period.
8.4 Subject to clause 8.1, any return of Subscribed Hardware to CoolCare shall be at the Customer’s expense.
8.5 The Subscribed Hardware shall remain at the sole risk of the Customer during the Subscribed Hardware Risk Period.
8.6 Title in and to the Subscribed Hardware shall at all times remain with CoolCare, and the Customer shall have no right, title or interest in or to the Subscribed Hardware (save the right to possession and use of the Subscribed Hardware subject to these Conditions.
8.7 During the Subscribed Hardware Risk Period, the Customer shall:
(a) ensure that the Subscribed Hardware is kept and operated in a suitable environment (c) not use the Subscribed Hardware for any unlawful purpose;
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.