StartseiteEquipment Evaluation Agreement

19. Other. This Agreement, in conjunction with the Terms of Netgate, establishes the entire agreement between the parties and establishes and supersedes all prior written or oral agreements, understandings, express or implied. This Agreement prevails over any additional or conflicting terms that may appear in an order or other Evaluator confirmation forms. Evaluator and Netgate are independent contractors and nothing in these valuation conditions is envisaged or construed to establish a relationship between the contracting authority and the representative, employer or employee or joint venture between the parties. In the event of a material ine between these Evaluation Terms and netgate`s other terms, such evaluation terms shall take precedence. This Agreement shall not be deemed to be wholly or partially amended, supplemented, repealed, repealed or cancelled, unless the Parties modify or modify. In the event that, for any reason, one or more provisions of these Evaluation Conditions should be considered unenforceable, such non-application shall not affect other provisions of this Agreement and such Evaluation Conditions shall be construed as if such unenforceable provision were not included therein. Sections 10 to 19 of this Agreement shall also apply after the end or end of the evaluation period. 15. This Agreement supersedes all prior proposals and communications and sets out the entire agreement of the Parties with respect to their subject matter and may only be amended or supplemented in writing, which has been signed by both Parties. Any third-party open source technology or software included in the Products is licensed from third parties under the terms of the Technology or Open Source Software License Agreement which is available upon request. 12.

Either Party may terminate this Agreement upon written notice to the other Party. Termination of this Agreement, for any reason, does not release any party from any of the obligations and obligations owed to it prior to the effective date of such termination, or does not affect the provisions of this Agreement, expressly or by reason of its nature, intended to prolong the termination of this Agreement. Philips will remove the Equipment after the expiration of the Loan Period or prior termination under this Agreement, unless Philips grants a written extension of the loan term or the Equipment is acquired by the Customer by mutual written agreement of the parties. The customer must return the device to Philips in the condition provided by Philips and the customer must strictly follow Philips` instructions as to how the device is returned. The customer purchases all devices lost during the loan period. 7.4. The Evaluator will endeavor to provide detailed reports and data derived from the test results of the Products, including but not limited to the use of the Products in the Evaluator`s Test Environment at an agreed frequency. .

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