This is an agreement between InHand Networks, Inc. (“InHand Networks”), and the undersigned person or entity (“you”, “Customer”) to provide you with a wireless equipment, connectivity and or other services(“the Products”). By signing this agreement and using the Products provided hereunder, you agree to be bound by this agreement, InHand Networks’ Acceptable Use Policy and InHand Networks’ Privacy Policy, as they may be amended from time to time (collectively, this “Agreement”). The most recent versions of all InHand Networks policies may be found at www.inhand.com. This Agreement is effective and binding upon transaction entered by both parties.
All Products sold to the Customer shall remain the property of InHand Networks until they have been paid for in full, including all charges and taxes i.e. InHand Networks retains full title and ownership until payment in full.
In case of a deterioration of the Product by the Customer, the unpaid part of the sales price shall become due immediately. For as long as the Customer has not paid the Product’s sales price in full, the provisions relating to product rental shall apply.
The Products will be delivered by InHand Networks to the agreed place of delivery. Except otherwise indicated by the invoice provided by InHand Networks, the risks transfer to the Customer when the Product is handed to the first carrier. Subsequently, the Customer will be liable for all risks relating to the Product. InHand Networks will make every reasonable commercial effort to deliver the Products at the agreed time. The Customer shall take delivery of the Products within the agreed time. If the Customer does not take delivery of a Product, InHand Networks shall be entitled to charge for the price and any expenses linked to this failure to take delivery.
Unless the Customer sends a written objection to InHand Networks within five (5) Working Days of the delivery date of the Products, the delivered Products shall be deemed to have been accepted including all visible defects. Unless expressly stated otherwise in the Contract, the Customer benefits from the guarantee as offered by the manufacturer of the Product. InHand Networks does not provide any specific or supplementary guarantee on top of the manufacturer’s guarantee.
Without prejudice to InHand Networks duty of information, the choice of Products, the analysis of their technical characteristics, their compatibility with the Customer’s environment and their configuration, shall in all and any circumstances remain the sole responsibility of the Customer.
Customer acknowledges that the performance of this Agreement and the provision of the Products shall not entail the transfer of any Intellectual Property Rights, assets and/or methodologies. InHand shall remain the exclusive owner of all Intellectual Property Rights, assets and methodologies belonging to it prior to execution of the Agreement or developed outside its scope, and which could have been disclosed to or known by the Customer in relation to this Agreement. Further, Customer shall not decompile, disassemble, translate, reverse engineer or otherwise attempt to derive source code of Firmware, in whole or in part.
Authorized Use of M2M Internet Products: All M2M Internet products purchased or leased by Customer under this agreement shall (i) be Embedded in a Customer Product or Service, (ii) be used by Customer to provide wireless connectivity solely for the following Customer Product or Service, provided directly by Customer to its End Users (the “Authorized Use”), and (iii) shall not be resold by Customer independent of the Customer Product or Service:
- Remote monitoring solution, to provide automation, control, data logging, and other similar SCADA applications in the industrial applications
- Cashless vending solution, to provide connectivity for vending machines to process payments and remote update digital display content in retail environments
- ATM and kiosk solution to process transactions for retail and commercial usage
- Digital signage solution, to remotely update media content in retail and commercial environment
Further, Customer represents that the Customer Product or Service will NOT be incorporated into emergency services, national defense, healthcare, or other lifesaving industries, either knowingly or unknowingly. If such violation occurs, this Agreement is considered automatically void at Customer’s fault.
For purposes of the payment of Monthly Fees and delivery of the Connection hereunder, the initial service term of this Agreement is twelve (12) months (the “Initial Term”), commencing on the date your Equipment, as defined below, is configured (the “Activation Date”). After the Initial Term, this Agreement will automatically renewed for consecutive one month terms commencing on the 15th day of each month.
