Instant Issuance Additional Terms 鈥 ON-PREMISES ONLY (not Hosted)
1. General Terms
(a) Items. 金世博棋牌 will provide and Client will purchase from 金世博棋牌 the hardware, software, services and consumable items offered by 金世博棋牌 through its web-based ordering portal, each as are described in the applicable fee exhibit to the Agreement or any subsequent order (each an 鈥Item鈥 and collectively, 鈥Items鈥). Subsequent order includes, individually or collectively, any subsequent hardware order, subsequent software order and/or any subsequent consumables order.
(b) Termination. If 金世博棋牌鈥檚 agreement with any third party suppliers (鈥Third Party Suppliers鈥) who provide software, hardware, consumables, materials or services related to the Items terminates, then 金世博棋牌 shall have no further obligation to Client with respect to such particular terminated Items, and all licenses granted with respect to such terminated Items shall automatically terminate.
(c) Restocking. 金世博棋牌 may charge Client a restocking fee for any Item(s) returned to 金世博棋牌 or 金世博棋牌鈥檚 Third Party Supplier for any reason other than as permitted in writing by an applicable warranty and/or support obligation.
(d) Warranty. 金世博棋牌 warrants that it has the necessary rights to resell the Items on the terms set forth herein. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH ELSEWHERE IN THE AGREEMENT, THE WARRANTIES EXPRESSLY SET FORTH IN THESE ADDITIONAL TERMS ARE THE ONLY WARRANTIES MADE BY FISERV WITH RESPECT TO THE ITEMS, AND FISERV DOES NOT MAKE, AND CLIENT HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(e) Insurance. Client is responsible for appropriate property insurance for all Items, whether Client-owned or 金世博棋牌-owned, within Client鈥檚 premises.
(f) Risk of Loss. All prices are F.O.B. 金世博棋牌鈥檚 location. Risk of loss shall pass to Client upon shipment.
2. Hardware Terms
(a) Purchases. Client鈥檚 agreement to purchase those hardware Items specified in the applicable fee exhibit is non-cancellable. Client may request, in writing, to purchase additional hardware Items listed on the applicable fee exhibit under these additional terms provided that the actual fees for such additional hardware Items will be as stated in a subsequent hardware order. 金世博棋牌 may reject subsequent hardware orders in its discretion.
(b) Warranty. For a period of 1 year (or such longer period, if any, as may be available to Client under the original manufacturer鈥檚 warranty) from the initial installation date of the hardware Items, 金世博棋牌 will, at its option, repair or replace (or cause to be repaired or replaced) any hardware Items provided to Client that fail to perform in any material respect with the written hardware documentation supplied to Client in connection with such hardware Item. Client is responsible for returning any original hardware Items eligible for repair or replacement in accordance with this warranty. Client must return the original hardware Item as directed by 金世博棋牌 or the Third Party Supplier within 30 days after receipt of the replacement hardware Item or Client will be responsible for reimbursing 金世博棋牌 for the then-current price of the original hardware Item.
(c) Acceptance. All hardware Items shall be deemed to have been accepted by Client when they pass either 金世博棋牌鈥檚 or Third-Party Supplier鈥檚 standard post-installation procedures.
3. Software Terms
(a) License. In exchange for Client鈥檚 payment of the license fees set forth in the applicable fee exhibit, Client shall have a non-exclusive, nontransferable, non-sublicensable, perpetual (subject to the termination provisions set forth above) right to use each software Item solely in connection with the corresponding hardware Item with which such software Item was provided. Client may request, in writing, to purchase additional software Items listed on the applicable fee exhibit under these additional terms provided that the actual fees for such additional software Items will be as stated in a subsequent software order. 金世博棋牌 may reject subsequent software orders in its discretion.
(b) Warranty. For a period of 90 days from the initial installation of the software Items, 金世博棋牌 will, at its option, repair or replace (or cause to be repaired or replaced) any software Items provided to Client that fail to perform in any material respect with the written software documentation supplied to Client in connection with such software Item.
(c) Acceptance. All software Items shall be deemed to have been accepted by Client when they pass either 金世博棋牌鈥檚 or Third Party Supplier鈥檚 standard post-installation procedures.
4. Training and Installation
(a) Installation. Hardware and software Items shall be remotely installed at a mutually agreed upon time following Client鈥檚 receipt of such Items.
(b) Training. Training regarding the use of hardware and software Items will be conducted at a mutually agreed upon time following installation and, in 金世博棋牌鈥檚 discretion, either at a mutually agreed upon location or virtually.
5. Support Terms
(a) General. Unless support is earlier terminated pursuant to these additional terms or under the Agreement, 金世博棋牌 shall provide standard Software Support and Hardware Support for purchase by Client as set forth below.
(b) Support for Software Items. Provided that Client has paid the applicable support fees for software Items listed on the applicable fee exhibit 金世博棋牌, directly or through its Third Party Supplier, shall provide Client with reasonable phone support and those software updates customarily made available by 金世博棋牌 or Third Party Supplier (collectively, 鈥Software Support鈥). Software Support is available only for the then current version.
(c) Support for Hardware Items. Provided that Client has paid the applicable support fees for hardware Items listed in the appliable fee exhibit 金世博棋牌, directly or through its Third Party Supplier, shall provide Client with, as determined by 金世博棋牌 or Third Party Supplier, repair or replacement of hardware Items that fail to conform in all material respects with the written documentation supplied to Client in connection with such hardware Item (鈥Hardware Support鈥) subject to warranty period limitations from Third Party Suppliers.
(d) Termination. If Client fails to pay the applicable Software Support fees and/or the Hardware Support fees by the due date thereof, 金世博棋牌 may terminate the corresponding support services without further notice to Client. Termination of Software Support by 金世博棋牌 for non-payment by Client as described in this Section shall not terminate any license granted to Client pursuant to Section 3(a) above.
6. Consumables Terms
(a) Purchase. Client will purchase from 金世博棋牌 all of Client鈥檚 requirements for the consumables Items listed on the applicable fee exhibit. All subsequent consumables Items shall be placed subject to these additional terms provided that provided that the actual fees for such additional consumable Items will be as stated in a subsequent consumables order. 金世博棋牌 may reject subsequent consumable orders in its discretion.
(b) Warranty. 金世博棋牌 warrants that the consumable Items provided by 金世博棋牌 will be compatible with the hardware Items provided by 金世博棋牌.
(c) Acceptance. Consumable Items shall be deemed to have been accepted by Client unless Client provides 金世博棋牌 with written notice describing (with reasonable particularity) any failure of the consumable Items to comply with the warranty set forth in Section 6(b) above within 10 days following Client鈥檚 receipt of such consumable Items (鈥Defect Notice鈥). 金世博棋牌 shall, at no additional cost to Client, replace any consumable Item(s) that fail due to the fault of 金世博棋牌 to comply with the warranty set forth in Section 6(b) above, within a reasonable time following receipt of the Defect Notice. Client鈥檚 sole remedy for any breach by 金世博棋牌 of the warranty described in Section 6(b) above shall be for 金世博棋牌 to replace the non-conforming consumable Item(s) in accordance with this Section 6(c).
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