Supplied Product Supplemental Terms

Capitalized terms which are not defined in these Supplemental Terms have the meanings set out in the Haivision Terms and Conditions (“Terms and Conditions”) incorporated within the quotation or other Order Documentation which references these Supplemental Terms.

1.0 Supplied Product shall be furnished on the following terms:

1.1 Location. Customer shall ensure that the Supplied Product is not removed from the country where it was delivered without the prior written consent of Haivision.

1.2 Title and Risk. Title to the Supplied Product shall remain with Haivision subject only to any deemed purchase of the Supplied Product. Customer shall not sell, transfer, charge or otherwise dispose of the Supplied Product unless agreed in writing from Haivision. All risk of loss, theft or damage to the Supplied Product shall pass to Customer upon delivery of the Supplied Product.

1.3 License to Use Supplied Product. Haivision hereby grants Customer a non-exclusive, non-transferable license to use the Supplied Product for evaluation or for intended purposes only during the loan or rental duration. Customer is not licensed to use the Supplied Product for any other purpose. Customer shall indemnify Haivision against any claims arising out of Customer’s improper use of the Supplied Product. Customer shall ensure that the Supplied Product is operated by trained and experienced people. Haivision has no obligation to provide technical support or other services. Customer shall not modify or alter the Supplied Product, or attempt to copy, modify, disassemble, reverse engineer, decompile or otherwise derive the source code of any software provided with the Supplied Product.

1.4 Return of the Supplied Product: Return Date. Customer shall return the Supplied Product to the return address provided by Haivision to arrive on or prior to the return date (the “Return Date”) indicated on the Order Documentation. Customer shall promptly return the Supplied Product following receipt of a written request from Haivision setting out a breach by Customer of the Terms and Conditions, or in the event of insolvency of Customer. In all cases the Supplied Product shall be returned at the cost and risk of Customer, and in the original packaging.

1.5 Return of the Supplied Product: RMA. Customer shall return the Supplied Product according to a return material authorization (“RMA”) within 30 days of the End Date as specified in the Order Documentation or the termination of the loan or rental agreement. In all cases the Supplied Product shall be returned at the cost and risk of Customer, and in the original packaging.

1.6 Failure to Return: If the Supplied Product is not returned to Haivision according to the RMA or by the Return Date, as applicable, Haivision may serve written notice on Customer requiring immediate return of the Supplied Product and stating that if the Supplied Product is not returned, Customer shall be charged for it. If Customer does not return the Supplied Product to Haivision within 14 days after such a notice, Customer shall be deemed to have purchased the Supplied Product and shall pay Haivision (a) the list price for the Supplied Product and (b) a recovery fee of $500 per item.