Intel 7190 manual P E N D I X D

A P P E N D I X D Terms and Conditions and Software License

10.Taxes and Duties: End User is responsible for all taxes imposed in connec- tion with sale to End User of Products or services which Intel may incur under this Agreement (except taxes imposed on Intel’s income) including but not limited to all import duties, customs fees, levies or imposts, and all sales, use, value added, gross receipts or other taxes of any nature and any penalties, interest and collection or withholding costs associated with any of the foregoing items. All such amounts are in addition to other amounts payable hereunder and this obligation shall survive termination or expiration of this Agreement. If applicable law requires End User to withhold any income taxes levied by the authorities of Canada on pay- ments to be made pursuant to this Agreement (“Withholding Tax”), End User shall take advantage of the reduced Withholding Tax provided for by the Canada-United States tax treaty then in force and shall be entitled to deduct such Withholding Tax from the payments due to Intel hereun- der. End User is further responsible for obtaining import licenses and preparing and submitting all required documentation in connection with importing Products including obtaining and providing to Intel Interna- tional Import Certificates and other supporting documentation required by Intel in order to apply for United States export licenses.

11.Leasing/Renting: Subject to the provisions of this Section, End User may request to have Products delivered to it under a leasing/renting arrange- ment between End User and a lessor/owner (“Lessor”). Intel’s obliga- tions to accept any Order from Lessor and to deliver Product pursuant to such Order from Lessor are limited to the following circumstances:

11.1. The Lessor is Intel who will retain title to the Product and accept lease or rent payments; or

11.2. Any Lessor, other than Intel Order, provided that:

11.2. 1. The Order indicates on its face that Lessor is ordering the Product identified in the Order on behalf of End User;

ii.The Order indicates on its face that it is in accor- dance with, and subject to,

iii.The terms and conditions of this Agreement; and

iv.Intel’s credit department has approved the Les- sor.

With respect to any Order issued by any Lessor, other than Intel, sub- ject to any specific provisions found in a bilaterally-executed agreement between Intel and Lessor, Lessor will be considered End User’s agent for the purpose of ordering Product and making payment and the rights and obligations of End User and Intel identified in this Agreement shall remain except for the following:

(1). Title to Product delivered pursuant to such Order shall be presumed vested in Lessor;

(2). The license accompanying the Product shall apply to Les- sor; and

(3). Notwithstanding anything to the contrary in the license accompanying the Product, Lessor may transfer such title and license rights to End User under a leasing arrange- ment.

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