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<br /> <br /> <br /> <br /> <br />Extreme NIaaS Subscriber Terms of Use_End User Direct v091224 Page 4 of 13 <br /> <br />Extreme Technology to a receiving point designated by Extreme. Subscriber will package and mark the Extreme <br />Technology as instructed by Extreme. If the Extreme Technology is not in the appropriate cartons with the <br />appropriate markings, the returned Extreme Technology will be rejected by Extreme and returned to <br />Subscriber via collect freight. In such case, Subscriber will pay to Extreme the full replacement value with <br />respect to the Refresh Extreme Technology at an amount as determined by Extreme's standard price list, subject <br />to any applicable discounts. Refresh Extreme Technology may be new or refurbished. <br /> <br />7. Payment Obligations & Termination. Subscriber hereby represents they understand and <br />agree that the s ubscription fees are non-refundable and that the NIaaS Subscription, NIaaS Services and <br />associated payment obligations are non-cancellable. Extreme may terminate the NIaaS Subscription <br />prior to the end of the NIaaS SubscriptionTerm in the event (i) <br />Terms of Use and failure to cure within thirty (30) days of receipt of written notice from Extreme; or (ii) <br />Subscriber has become insolvent or filed for bankruptcy, or Extreme reasonably believes such events will <br />occur. Subscriber shall not be relieved of its obligation to pay for the full NIaaS Subscription Term in the <br />event of such termination. <br /> <br />8. Maintenance of Premises. Subscriber will maintain the Premises and any other location where <br />Extreme Technology may be located in a safe and secure manner, in accordance with recommended laws and <br />regulations, industry standards and conditions, and in a manner as required by the specifications accompanying <br />the Extreme Technology and/or as may be advised by Extreme. Subscriber will also provide Extreme and <br />its authorized agents, sub-contractors, suppliers and agents with a safe place to work as needed. Such <br />requirements include but are not limited to ensuring use of the appropriate power requirements, data <br />communications equipment, network and/or using cabling. Subscriber shall not remove or alter any asset <br />tag or label affixed to Extreme Technology. Subscriber may not reconfigure, modify, add to or impair any <br />portion (that is, Hardware or Software) of the Extreme Techology, whether with third party products or <br />otherwise except as expressly permitted in this Agreement or as mutually agreed in writing by the parties. <br />Further, Subscriber will not, and will not permit others to, relocate to another geographic area (including <br />relocation of the Extreme Technology outside of the U.S), attempt to repair, or otherwise tamper with any NlaaS <br />Subscriptions and/or Extreme Technology without the prior written consent of Extreme. If Subscriber wishes to <br />relocate Extreme Technology, Subscriber shall provide thirty (30) day prior written notification to Extreme and, <br />upon approval by Extreme, follow the requirements otherwise set forth in these Terms of Use. Relocation <br />may only occur within the country of original delivery. <br /> <br />9. Contact Information. Subscriber will provide Extreme with current and accurate information for <br />Subscriber's Designated Representative and any other contact necessary for access to Premises. <br /> <br />10. Extreme's Access to Secure Information Systems and Data. Subscriber will be solely <br />responsible for the content of all information that Subscriber stores or transfers via the NlaaS <br />Subscriptions, for backing up and maintaining copies of all its data and for the removal of any confidential, <br />proprietary, or personal information on Extreme Technology. Extreme is not responsible for managing <br />Subscriber's network environment. Subscriber will be solely responsible for the management of its systems <br />administration, data back-up, data recovery, and disaster recovery measures. Extreme will not be <br />responsible or held liable for Subscriber's internal processes and procedures to ensure the management, <br />administration, protection, loss, confidentiality, or security of Subscriber data or information. Subscriber <br />represents it will at no time provide Extreme with access to personally identifiable information of any kind stored in the Extreme <br />Technology. <br /> <br />11. Return of the Extreme Technology. <br /> <br />a. Upon expiration or termination of the NIaaS Subscription Term, the Subscriber shall provide Extreme <br />immediate and unfettered access to the Extreme Technology. Upon termination or expiration of the NIaaS <br />Subscription Term, these Terms of Use will terminate in conjunction with such termination or expiration, <br />without notice from Extreme. Subscriber must make available to Extreme, upon demand at a date and time as <br />determined by Extreme, the Extreme Technology for purposes of Extreme, or its agent, accessing and <br />repossessing the Extreme-owned Extreme Technology. If Subscriber fails to make available the Extreme <br />Technology, Extreme may take any and all actions reasonably necessary to obtain possession of the Extreme