Examples of APEX System in a sentence
Dell will ship the APEX System to the Site when included as part of the APEX Service.
The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.
Dell owns all rights, title, and interest in the APEX System (including any replaced parts), and the APEX System must be returned to Dell at the end of the Subscription Term (or promptly upon replacement with respect to replaced Equipment or parts).
Modifications may include optional new features for the APEX Service, which Customer may use subject to the then-current Service Offering Description or changes to components of the APEX System.
You will immediately notify Dell in writing if Your lenders or creditors or other third parties claim any rights to, or seek to take possession of, the APEX System.
Dell requires the right to access the APEX System in a timely way and as provided in the Service Offering Description to provide the Support Services.
If this Agreement is determined to be anything other than a services agreement from Dell to You, then You grant Dell a first priority security interest in the APEX System (and all proceeds thereof) and Dell retains the first lien and security interest in the APEX System and all proceeds.
If the applicable Service Offering Description allows Customer to perform the following actions, then You must notify Dell before Customer does so: (a) make changes to the APEX System configuration; or (b) deactivate the remote support features of any components of the APEX System.
If any loss, theft, damage or destruction to the APEX System occurs during the time You bear such risk, Dell shall be relieved of its APEX Service obligations to the extent such event impacts Dell’s ability to provide such APEX Service until such time as the APEX System is repaired or replaced.
The foregoing limitations and exclusions do not apply to: (i) Your obligation to pay for the APEX Service, (ii) Your obligation to pay for damage to or loss of the APEX System, (iii) Your violation of the restrictions on use of the APEX Service, (iv) a party’s indemnity obligations in the Agreement, (v) a party’s violation or misappropriation of the other party’s intellectual property rights, or (vi) where prohibited by applicable law.