Common use of Leased Hardware Clause in Contracts

Leased Hardware. ‌ (a) If a Quotation provides that Visionflex leases and/or licenses Hardware to the Customer, then the terms of this clause 9 will apply. (b) In respect of any Leased Hardware, the Customer acknowledges and agrees that: (i) the Leased Hardware remains the sole property of Visionflex and the Customer is only a lessee or bailee of the Leased Hardware; (ii) the Customer is permitted to use the Leased Hardware for the purpose of carrying out remote medical consultations with the Visionflex Software and other reasonable computer-based activities during the Term (Approved Purpose); (iii) the Customer must not part with possession of any Leased Hardware except to Visionflex. (iv) to the extent possible under the terms of the Customer's occupation of the premises where the Leased Hardware is located, the Customer must allow Visionflex, its licensors and/or their nominees to (and, where applicable, must ensure that the landlord allows Visionflex, its licensors and/or their nominees to) access such premises on reasonable notice to install, inspect, test, modify, maintain, repair, change or recover any of the Leased Hardware; (v) Visionflex may remove the Leased Hardware (or any part of it) at any time on reasonable notice to the Customer; (vi) the Customer must ensure that the Leased Hardware (and any part of it) is not handled, used, maintained, tampered or interfered with by any person, except Visionflex; (vii) the Customer must indemnify Visionflex and its licensors for any losses or damage to any of the Leased Hardware (excluding fair wear and tear); (viii) if requested by Visionflex, the Customer must insure the Leased Hardware for an amount and on such terms reasonably required by Visionflex; (ix) the Customer must return the Leased Hardware to such address nominated by Visionflex within fourteen (14) days of the expiry or termination (for any reason) of this Agreement; (x) unless expressly specified otherwise in the Approved Purpose, the Customer must not do, or cause or permit to be done, any of the following without the prior written consent of Visionflex: (A) show, disclose or otherwise share the Leased Hardware (or any part of it) with any person not authorised by Visionflex in writing; (B) assign, sub-bail, sub-licence, sell, lend or otherwise transfer all or any part of the Leased Hardware to any person; (C) copy, modify, change, decompile, reverse engineer, create derivative works of, or otherwise interfere with the Leased Hardware (or any part of it); (D) charge or encumber any of the Leased Hardware or allow the Leased Hardware (or any part of it) to become the subject of any charge, lien or encumbrance.

Leased Hardware. ‌13.1 In consideration of your payment of the Leased Hardware Fee, we will supply you with the Leased Hardware in accordance with the Schedule or the relevant Service Order. 13.2 Service Orders may not be cancellable once confirmed, even where the Leased Hardware may not have been delivered. 13.3 During the Hardware Rental Period, you agree: (a) If a Quotation provides to ensure that Visionflex leases and/or licenses you have any necessary permissions or consents to install and use the Leased Hardware to the Customer, then the terms of this clause 9 will apply.(including any strata or building management consent); (b) In respect of any to comply with our reasonable instructions in relation to the Leased Hardware, the Customer acknowledges and agrees that:including any user manuals or directions for use that we provide to you; (ic) to not allow anyone to interfere or otherwise tamper with the Leased Hardware remains the sole property of Visionflex and the Customer is only a lessee or bailee functioning of the Leased Hardware; (iid) the Customer is permitted to use protect and maintain the Leased Hardware for the purpose of carrying out remote medical consultations with the Visionflex Software and other reasonable computer-based activities during the Term (Approved Purpose)keep it in good order and condition; (iii) the Customer must not part with possession of any Leased Hardware except to Visionflex. (ive) to the extent possible under the terms of the Customer's occupation of the premises where the Leased Hardware is located, the Customer must allow Visionflex, its licensors and/or their nominees to (and, where applicable, must ensure that the landlord allows Visionflex, its licensors and/or their nominees to) access such premises on reasonable notice to install, inspect, test, modify, maintain, repair, change or recover any of only trained Authorised Users use the Leased Hardware; (vf) Visionflex may remove to not conduct, or commission a third party to conduct, any repairs or maintenance or otherwise tamper with the Leased Hardware (or any part of it) at any time on reasonable notice to the CustomerHardware, without our prior consent; (vig) the Customer must ensure that we have no obligation to provide any Services for, and we provide no warranties in respect to, the Leased Hardware (and any part of it) is not handledHardware, used, maintained, tampered or interfered with by any person, except Visionflex; (vii) the Customer must indemnify Visionflex and its licensors for any losses or damage to any of the Leased Hardware (excluding fair wear and tear); (viii) if requested by Visionflex, the Customer must insure the Leased Hardware for an amount and on such terms reasonably required by Visionflex; (ix) the Customer must return the Leased Hardware to such address nominated by Visionflex within fourteen (14) days of the expiry or termination (for any reason) of this Agreement; (x) unless expressly specified otherwise in the Approved Purpose, the Customer must not do, or cause or permit to be done, any of the following without the prior written consent of Visionflex: (A) show, disclose or otherwise share the Leased Hardware (or any part of it) with any person not authorised by Visionflex in writing; (B) assign, sub-bail, sub-licence, sell, lend or otherwise transfer all or any part of the Leased Hardware Hardware, to any personthe extent it has been repaired, modified or tampered with by a person other than with our prior consent; (Ch) copythat you are responsible for any loss, modifycost, changetheft, decompiledamage, reverse engineervandalism or destruction of or to the Leased Hardware; (i) that no such loss, create derivative works ofcost, theft, damage or otherwise interfere with destruction of or to the Leased Hardware will impair or frustrate any of your obligations under this Agreement (or any part including, without limitation, payment of itthe Fees); (Dj) charge unless otherwise agreed between the Parties in writing, on expiry or encumber any termination of this Agreement or the Hardware Rental Period, you are responsible for returning all Leased Hardware to us at your cost; (k) to ensure that the Leased Hardware is protected from power surges and is located in a suitable physical environment for the operation of the Leased Hardware Period; and (l) we may take such steps as may be reasonably necessary to protect or allow enforce our rights under this clause 13 (including giving us and our Personnel the Leased Hardware right to enter your Premises) and you agree to sign such documents and do such things as we may reasonably require in such regard. 13.4 If a Bond is applicable as set out in the Schedule or a Service Order, you agree to pay the Bond in accordance with the Schedule or the Service Order (or any part of itas applicable), and we will hold the Bond throughout the Term, and this clause 13.4 will apply. You agree: (a) to become that the subject Bond will be used as a security by us for the performance of any chargeof your obligations, lien and satisfaction of any of your liabilities, under this Agreement; (b) that we may call upon the Bond to satisfy any obligations or encumbranceliabilities owed by you to us under this Agreement (including payment of any amounts due and payable to us by you under this Agreement); (c) that we will have no obligation to provide the Services, until we have received the payment of the Bond in full (if applicable); and (d) subject to your compliance with this Agreement, we will refund you the balance (if any) of the Bond within a reasonable time after the expiry or termination of the Term.