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Demonstration Agreement Form
This Agreement is entered into by and between FreeWave Technologies (“FreeWave”), and the party named below (“Customer”):
Date of Order:
Demonstration Equipment and Quantity::
Demonstration Equipment Location:
Demonstration Period is 90 days. Demonstration Equipment not returned to FreeWave within 90 days of Ship Date will be invoiced or billed to provided credit card number at the following Sales Price per unit.
Pay by PO or Credit Card:
Credit Card Type:
Name on Card:
IMPORTANT: Upon execution of this Agreement and delivery of the above Demonstration Equipment to Customer, Customer agrees to abide by the terms, conditions and instructions set forth in this Demonstration Agreement. Additional or substitute terms will not become part of this Agreement unless expressly accepted in writing by FreeWave. FreeWave’s acceptance is limited to the terms of this Demonstration Agreement, and no contract will be formed except on these terms.
TERMS AND CONDITIONS OF DEMONSTRATION
The terms, conditions, and agreements set forth below are a part of this Demonstration Agreement:
1. License, Customer’s Duties.
(a) FreeWave hereby grants to Customer, and Customer accepts from FreeWave, a non-transferable, non-exclusive license to utilize the Demonstration Equipment described on the front page of this Agreement. At all times during the Demonstration Period, the Demonstration Equipment shall be kept at the Demonstration
Location listed on the front page of this Agreement.
(b) The parties acknowledge that the purpose of this Agreement is to allow Customer to utilize the Demonstration Equipment during the Demonstration Period so that Customer may make an informed decision with respect to the purchase of the Demonstration Equipment or similar equipment.
2. Ownership and Use.
(a) The Demonstration Equipment shall at all times be the sole and exclusive property of FreeWave. Customer shall have no rights or property interest therein, except for the right to use the Demonstration Equipment until the expiration of the Demonstration Period. If the Demonstration Equipment is not returned by the Return Date set forth on the front page of this
Agreement to FreeWave, FreeWave can exercise any rights a secured creditor has under the Uniformed Commercial Code, including repossession.
(b) The Equipment is and shall remain personal property even if installed in or attached to real property. FreeWave shall be permitted to display notice of its ownership on the Demonstration Equipment by means of a suitable stencil, label,
or plaque affixed thereto.
(c) Customer shall keep the Demonstration Equipment at all times free and clear from all claims, levies, liens, encumbrances and process. Customer shall give FreeWave immediate notice of any such attachment or other judicial process affecting the Demonstration Equipment.
(d) Customer shall not pledge, lend, create a security interest in, sublet or part with possession
of the Demonstration Equipment or any part thereof or attempt in any other manner to dispose thereof.
(e) Customer shall cause the Demonstration Equipment to be operated in accordance with all applicable vendor's or manufacturer's manuals or instructions by competent and qualified personnel.
3. License, not a Lease.
Nothing herein shall give Customer any right, title or interest in or to the Demonstration Equipment other than a mere privilege and license during the term hereof to
use the Demonstration Equipment as set forth in this Agreement.
The parties acknowledge that in no event shall Customer’s license hereunder be construed to be a lease of personal property.
4. License Fee.
No license fee shall be payable by Customer to FreeWave for the use of the Demonstration Equipment during the Demonstration Period.
This Agreement shall become effective upon signature by both parties and delivery of the Demonstration Equipment by the Delivery Date set forth on the front page of this Agreement, and shall continue until the Return Date set forth on the front page of this Agreement, at which time Customer shall return the Demonstration Equipment to FreeWave. Either party may terminate this Agreement with ______ day(s) notice. If Demonstration Equipment is not returned on or by the Return Date to the FreeWave,
the Hold Over Per Diem Charge set forth on the front page of this Agreement will be assessed.
6. Alterations, Repairs and Replacements. Customer shall keep the Demonstration Equipment in good condition during the
Demonstration Period. Customer shall not make any alterations, additions, improvements or replacements to the Demonstra
CUSTOMER AGREES THAT IT HAS REVIEWED AND UNDERSTANDS THIS DEMONSTRATION AGREEMENT, INCLUDING THE TERMS AND CONDITIONS SET FORTH ABOVE.
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