CUSTOMER EQUIPMENT LOAN AGREEMENT - ChangeUp, LLC

TERMS AND CONDITIONS

  1. TITLE. ChangeUp holds the rights to possess and transfer custody of the equipment during the Term of the CUSTOMER EQUIPMENT LOAN AGREEMENT.
  2. CUSTODY. The above-identified User is a licensee with rights to utilize ChangeUp's equipment during the term of the CUSTOMER EQUIPMENT LOAN AGREEMENT, contingent upon all other terms and conditions stated herein.
  3. TERM. The term of this Agreement shall begin on the date the agreement is signed, and shall expire on the last day of the season for which User has purchased a subscription to ChangeUp's pitch management solution, unless otherwise noted.
  4. GENERAL CONDITIONS FOR USE.
    1. User agrees that the equipment shall be used only for purposes of operating ChangeUp's pitch management solution, pursuant to the terms of User's subscription. All other uses of the equipment is strictly prohibited and may result in termination of this agreement and User's subscription.
  5. GUIDELINES FOR PROPER CARE.
    1. Do not eat or drink while using the equipment;
    2. Do not drop the equipment or allow it to fall;
    3. Unplug the equipment during electrical storms;
    4. Give care appropriate for any electrical device;
    5. Do not attempt to repair damaged or malfunctioning equipment;
    6. Do not attempt to upgrade the equipment or software;
    7. Do not leave equipment unattended or in any unlocked home, office, classroom or car, etc.;
    8. Do not leave equipment susceptible to extreme heat or coldness;
    9. Do not clean with windex.
  6. PRIVACY. The User has no right of privacy as to any information or files maintained in or on ChangeUp's property or transmitted or stored on ChangeUp's equipment.
  7. MODIFICATIONS AND UPGRADES.The equipment cannot be modified or upgraded by the User without the express written consent of ChangeUp.
  8. MAINTENANCE AND REPAIR. The User shall keep the equipment and all software in good working order and condition. If repairs are necessary, the equipment shall be returned to ChangeUp for such repairs.
  9. STOLEN, MISSING or DAMAGED EQUIPMENT. A refundable damage deposit in the amount of $100 is due upon signing of the CUSTOMER EQUIPMENT LOAN AGREEMENT. The User is responsible for any damage or loss to the equipment. Any equipment that is discovered to be stolen, missing or damaged must be reported IMMEDIATELY. A copy of any police report must be delivered to ChangeUp within 24 hours. The cost of repair or replacement of loaned equipment may be charged against the damage deposit, with User responsible for any amounts above/beyond the damage deposit.
  10. TERMINATION. ChangeUp may terminate the CUSTOMER EQUIPMENT LOAN AGREEMENT without notice.
  11. ENTIRE AGREEMENT. Each party acknowledges that it has read the CUSTOMER EQUIPMENT LOAN AGREEMENT, understands it, and agrees to be bound by its terms. Each party further agrees that this Agreement is the complete and exclusive statement of the Agreement between the parties, and that this Agreement supersedes and merges all prior understandings or agreements. This Agreement may not be modified, unless in writing.
  12. ASSIGNMENT. The User may not assign, sublease, or otherwise transfer any rights or obligations under this agreement.
  13. RETURN POLICY. Upon expiration of the term of this Agreement, the User shall return the equipment and all software to ChangeUp.