Hardware Products Sample Clauses
The "Hardware Products" clause defines the scope and terms related to any physical devices or equipment provided under the agreement. It typically outlines what constitutes a hardware product, such as computers, servers, or other tangible technology, and may specify requirements for delivery, installation, or maintenance. This clause ensures both parties have a clear understanding of what hardware is included, how it will be handled, and helps prevent disputes over the nature or condition of the products supplied.
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Hardware Products. In addition to Firmware, hardware Products contain technology that may be covered by pending or existing patents and other forms of industrial or intellectual property recognized under applicable law (“Hardware IP”). The sale of a unit of hardware Product does not constitute either the sale or conveyance to Customer or any third party of any Hardware IP or any independent license to exercise the Hardware IP in any manner other than that strictly necessary to use the hardware Products for Customer’s internal business use and in accordance with the terms and conditions of this Agreement.
Hardware Products. For any Hardware loaned to You under this Agreement, the following additional terms shall apply:
(i) You will take delivery of the Hardware by method of DDP (Incoterms 2010). Your shipping address (as provided in the Beta Test Request Form). You will provide accurate ship-to addresses, contacts, emails, phone numbers, and, if applicable, freight forwarder/broker of record.
(ii) If an export license is required, Forescout shall obtain exporting license/authorization and fulfilling reporting requirements of such licenses (except for restricted or embargoed countries). In respect of US Origin goods, Forescout is responsible for providing the forwarding agent with the US electronic export information filing in the AES system. The forwarding agent shall be acting as Forescout’s agent for the limited purpose of filing the US electronic export information in the AES system. You will ensure that the forwarding agent is provided accurate and complete information and documents reflecting the filing in the AES system. For any reason if You decide to use your own forwarding agent from the United States to an international destination, You will be responsible for accurate and true AES filings, in addition to proper denied party screening. Forescout will be informed if you prefer this method. Any import licenses required by territory destinations are Your responsibility.
(iii) All Hardware will be packaged for shipment in accordance with the packaging regulations in force in the territory (You will provide any special packaging requirements to Forescout for review and preparation prior to shipment). Shipment will be made to Your identified facilities or freight forwarder.
(iv) You will (at Forescout’s expense) return the Hardware to Forescout after the beta test end date specified in the Beta Test Request Form or termination of this Agreement, whichever is earlier.
(v) You are responsible, and shall reimburse Forescout, for loss of or damage to the Hardware while it is in Your possession. If You fail to return the Hardware within 30 days of the return date specified in the Beta Test Request Form, You will pay the then-current list price for the Hardware. If You feel You do not have the proper packaging protection to return the Hardware, Forescout can assist by sending You a spare, approved carton.
(vi) You will maintain the Hardware in good working condition, reasonable wear and tear excepted.
(vii) You are solely responsible for all risk of loss or damage to the Hardwa...
Hardware Products. Unless otherwise agreed in the Product Order Form, use of the Hardware is included in the Fees. The Hardware is provided solely as the medium for delivery and operation of the Software and must not be used for any other purpose. Customer will be granted a licence to the Software on the terms of Clause 5 below.
Hardware Products. (APPLICABLE TO CAPITAL PURCHASES OF PURE HARDWARE WITH A PERPETUAL LICENSE TO ANY EMBEDDED OPERATING
Hardware Products. August Technology warrants that it will repair or replace, at its option, hardware Products which are found to be defective in material or workmanship. August Technology must receive written notification of any defect within thirteen (13) months from date of shipment. All transportation charges associated with hardware Products warranty will be arranged and paid for by August Technology.
Hardware Products a. From time to time Client may desire to purchase Hardware which the Manufacturer has authorised Hitachi Consulting to distribute. Client agrees to purchase and ▇▇▇▇▇▇▇ Consulting agrees to distribute the Hardware set forth in Orders executed under the terms and conditions of this Agreement. Any changes to an Order for Hardware are subject to acceptance by, and payment of an additional processing fee to, Hitachi Consulting.
b. Client is responsible for all shipping costs and any applicable duties and surcharges, which shall be set forth in the applicable invoice. Delivery of Hardware will be FOB Shipping Point. Title and risk of loss pass to Client upon delivery of the Hardware to the carrier. The delivery dates set forth in the Order are estimates only and Hitachi Consulting is not liable for delays in delivery. Hitachi Consulting reserves the right to make partial shipments and Client will accept delivery and pay for the Hardware delivered. A delayed delivery of any part of an Order does not entitle Client to cancel other deliveries.
c. Client will execute a delivery and acceptance certificate upon receipt of the Hardware, if requested by Hitachi Consulting, and/or similar documentation required by the Manufacturer, acknowledging that the Hardware has been delivered, inspected and accepted. If a delivery and acceptance certificate is not requested, Client expressly agrees that it has accepted the Hardware unless Client notifies Hitachi Consulting in writing of damage, shortage or other discrepancy pursuant to subsection (f) below.
d. Responsibility for installation of the Hardware shall be specified in the applicable Order. Client shall be responsible for preparing the installation environment at its own cost according to the specifications for the Hardware.
e. To the extent it has the right to do so, Hitachi Consulting will transfer to Client any Hardware warranties and indemnities provided by the Manufacturer, including any transferable warranties and indemnities for intellectual property infringement. Client agrees that its sole and exclusive remedy with respect to any alleged breach of the any warranty in respect of the Hardware, or with respect to the suitability, characteristics, functionality or performance of, or infringement of Intellectual Property Rights by, the Hardware, shall be in accordance with the terms of warranties and indemnities provided by the Manufacturer and/or any related agreements between Client and the Manufacturer, and Hitac...
Hardware Products. 5.1 Koris365 shall deliver the Hardware by the applicable delivery date specified in the Proposal or Quote. Delivery of the Hardware takes place when the Hardware is available for collection at Koris365’s premises. On delivery of the Hardware: (a) the Customer shall be responsible for (i) collecting the Hardware from Koris365’s premises, and (ii) loading the Hardware on to the Customer’s transportation vehicle; and (b) the risk of loss or damage in the Hardware shall pass to the Customer.
5.2 Title to the Hardware shall transfer to the Customer on payment of the Fees for that Hardware to Koris365. Until title to the Hardware transfers to the Customer pursuant to this Clause 5.2, the Customer shall from delivery: (a) hold the Hardware on a fiduciary basis as Koris365’s bailee; (b) store the Hardware separately from all other goods held by the Customer so that they remain readily identifiable as Koris365’s property; (c) not remove, deface or obscure any identifying mark or packaging on or relating to the Hardware; (d) maintain the Hardware in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; (e) notify Koris365 immediately if it becomes subject to any of the events listed in Clause 14.2 (c); and (f) give Koris365 such information relating to the Hardware as Koris365 may require from time to time, but the Customer may resell or use the Hardware in the ordinary course of its business.
5.3 If before title to the Hardware passes to the Customer the Customer becomes subject to any of the events listed in Clause 14.2 (c), or Koris365 reasonably believes that any such event is about to happen and notifies the Customer accordingly, then, provided that the Hardware has not been resold, or irrevocably incorporated into another product, and without limiting any other ▇▇▇▇▇▇▇ remedy Koris365 may have, Koris365 may at any time require the Customer to deliver up the Hardware and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Hardware are stored in order to recover them.
5.4 The Customer shall bear the risk of loss or damage to the Hardware from delivery to the Customer.
5.5 Koris365 will pass through to the Customer the benefit of the manufacturer’s standard end user warranty (if any) in respect of the Hardware.
Hardware Products. For a period of 30 days (or such other period as agreed in a Schedule, hereinafter the “Hardware Warranty Period”) following the delivery, Scantron warrants hardware Products against material defects in materials and workmanship when used normally in accordance with the Documentation. A Schedule for hardware Products may include one of the following specific warranties: DEPOT WARRANTY. During the Hardware Warranty Period, Customer shall ship, at its own expense, defective hardware Products to the Scantron Depot Service Center for repair. The cost of return shipping shall be paid by Scantron.
Hardware Products. Upon payment of applicable additional fees set out in the Purchase Order, BlueCat shall provide the Hardware Products identified in the Purchase Order.
Hardware Products. This clause 3 only applies if ZIRILIO is required by the Order Form to supply the Client with Hardware Products and/or a Hardware Product Support Plan.