Extreme Networks 1/29/2025 - Laserfiche WebLink

Extreme NIaaS Subscriber Terms of Use_End User Direct v091224 Page 2 of 13 b. Price & Payment. The price for the NIaaS Subscription will be as set forth in Appendix B and is based on a Minimum Port Count usage per month, as well as usage above and beyond the Minimum Port Count usage for any given month in the NIaaS Subscription Term. Payments will commence no later than ninety (90) days after the Extreme Technology has been delivered to the Premises. All payments . Invoices for the NIaaS Subscription will be issued as set forth in Appendix B. All payments will be made in United States dollars by check, irrevocable letter of credit, wire transfer or other means satisfactory to Extreme. All sums not paid when due will accrue interest daily at the lesser of an annual rate of eighteen percent (18%) or the highest rate permissible by applicable law on the unpaid balance until paid in full. Extreme reserves the right, at any time and in its sole discretion, to modify the payment or credit terms or to terminate any credit extended to Distributor. Shipments, deliveries, and performance of work will at all times be subject to the approval c. Taxes. The price in Appendix B does not include, and Subscriber will pay, indemnify, and hold Extreme harmless from, any and all applicable sales, use, excise, import or export, value added or similar any penalties or interest associated with any of the Taxes, imposed by any governmental authority with respect to any payment to be made by Subscriber to Extreme under these Terms of Use. From time to time, Subscriber will be responsible to withhold any and all required withholding tax amounts as applicable based on its purchases from Extreme. Subscriber will remit to Extreme the amounts owed for the NIaaS Subscription, as appropriate, and pay the proper taxing authority the withholding tax as required. Subscriber shall issue the certificate of withholding tax to Extreme as soon as practically available following payment. The certificate shall disclose the amounts paid, Taxes withheld and the same having been deposited with the tax authorities. If the certificate is not issued to Extreme within a reasonable time-frame, Subscriber will immediately make payment to Extreme an amount equal to the amount withheld for tax. d. Shipments, Risk of Loss & Title. All shipments within the United States shall be FOB Destination . Subscriber shall identify mode of shipment and freight carrier on its purchase orders to Extreme. Risk of loss or damage to Extreme Technology will pass to Subscriber upon delivery to the first carrier. Title to the Extreme Technology remains with Extreme and shall not pass to Subscriber. Subscriber will pay all costs, including, without limitation, costs of transportation, insurance, export and import fees, customs brokerage expenses and similar charges in accordance with the FOB Destination terms. Subscriber, at its expense, will make and negotiate any claims against any carrier, insurer, customs broker, freight forwarder or customs collector. 4. Software. a. Subscriber acknowledges and agrees that: (i) unless otherwise specified by Extreme, all Extreme software will be furnished to Subscriber in connection with the NIaaS Services by Extreme pursuant to the terms stated in Effective Date and found at https://cloud.kapostcontent.net/pub/3cea3a27-431f-4d22-aff4-609b6dd6a6dc/end-user- license-agreement?kui=RWQrhDMFPQ3mjYarjbrnDg; (ii) Software which is supplied by a third-party licensor may be furnished to Subscriber under a separate license with such licensor, and Subscriber is or will be the licensee of such third-party software directly from the licensor; and (iii) these Terms of Use do not convey any explicit or implicit license for the use of the Extreme software or other intellectual property relating to the Extreme Technology. b. Subscriber will not waive the performance of, or amend, modify or otherwise alter any term or condition of any applicable license agreement.