Software / Equipment Leases and Installment Sales

No ownership right is granted to the software provided to Customer by NEXOGY hereunder. No right is granted for Customer to replicate, produce, copy or alter software. No right is granted for Customer to use, distribute, rent, lease, lend, supply or market the software, except as expressly provided under this agreement. Customer may not decompile, disassemble or reverse-engineer the software. If Customer leases equipment or if NEXOGY provides equipment to be used without charge A UCC-1 statement may be filed with the appropriate state for equipment that is leased, financed, or otherwise provided by NEXOGY, naming NEXOGY as lien holder until equipment is returned or paid off, respectively. The customer is responsible for all shipping charges.

Failure of Customer to return any equipment, including but not limited to phones, when due or in the event of termination or as otherwise set forth in this Agreement, will result in charges to the Customer pursuant to this Agreement. The customer is responsible for protecting the equipment from any damage or loss of any kind. Customer agrees during the Term of this Agreement, as renewed, to keep the equipment fully insured against damage and loss, naming NEXOGY as the loss payee, and to obtain a public liability insurance policy and general liability insurance policy, including NEXOGY as an additional insured on the policies. Customer agrees to provide NEXOGYM with certificates or other evidence of insurance upon request by NEXOGY. If Customer does not, NEXOGY has the right, but not the obligation, to obtain such insurance, in which Customer agrees to pay for all costs thereof. If the Equipment is damaged or lost, Customer agrees to purchase the equipment at its fair market value determined by NEXOGY.

All equipment provided by NEXOGY shall be titled to NEXOGY at all times and for all purposes. The Equipment may be marked and identified as property of NEXOGY, which markings and identification shall not be removed or altered by the Customer. Customer will not cause, create or suffer any claims, including but not limited to, any liens, charges, encumbrances, or security interests in, on, or to the Equipment, and will defend, indemnify and hold NEXOGY harmless from and against any loss, cost, liability and expense (including interest and reasonable attorney’s fees) arising from such claims. Notwithstanding anything contrary herein, Customer has the option to purchase the leased equipment at the expiration of the Term of this Agreement, as renewed, at the fair market value of such leased equipment to be determined by LD TELECOM, at its sole discretion. The purchase price of the leased equipment shall be paid by the Customer in full. Customer shall cooperate in the execution of all documents necessary or appropriate to effectuate the transfer of the purchased equipment to Customer.