Common use of Subscribed Hardware Clause in Contracts

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.

Appears in 2 contracts

Sources: Merchant Agreement, Merchant Agreement

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 You shall be solely responsible for backing-up all Customer of Your 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 You agree to be liable to NCR for NCR’s costs of collection, including expenses and reasonable attorneys’ fees.

Appears in 1 contract

Sources: Merchant Agreement