Common use of Hardware Products Clause in Contracts

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 Hardware while in Your possession.

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 ship-­‐to addresses, contacts, emails, phone numbers, and, if applicable, freight forwarder/broker of record. (ii) If an export license is required, Forescout 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 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 ForescoutForeScout’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 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 ForeScout for review and preparation prior to shipment). Shipment will be made to Your identified facilities or freight forwarder. (iv) You will (at ForescoutForeScout’s expense) return the Hardware to Forescout 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 ForescoutForeScout, 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 then-­‐current list price for the Hardware. If You feel You do not have the proper packaging protection to return the Hardware, Forescout 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 Hardware while in Your possession.