ClearOne TryBUY Terms & Conditions

Qualification Criteria

The following information needs to be provided for an application to be successfully submitted:

• Complete contact, and ship to information
• Agree to and accept the TryBUY Program Terms and Conditions

Once an application is submitted, it will be reviewed by ClearOne against these criteria:

• Confirmation of accurate and complete contact information
• Valid ship to information

Applicants will be contacted by ClearOne within 24 hours (one business day) of submitting their application.

Program Definition

• Free 30-day trial period for selected products.
• User or partner buys or returns that exact product selected for the trial at the end of 30 day trial period.
• User or partner is responsible for loss, theft or damage to the product during the trial period.
• 30-day time line starts from the date of product shipment from ClearOne
• Product, unless noted, comes with standard warranty support for the trial period.
• If user or partner does not return the demo product, ClearOne will take necessary actions to secure payment or return of the unit.
• When returning, a return shipping label and an RMA (return material authorization) are provided in original packaging, per instructions posted and provided in notifying emails during the trial period. Product needs to be boxed in original packaging and sent back to ClearOne. ClearOne pays for return shipping.
• ClearOne retains title to the product during the trial period until it is purchased.
• All applicants must agree to the TryBUY Terms and Conditions
• ClearOne reserves the right to substitute refurbished product without notice for all products intended for evaluation.

Eligibility

Applicant Types

• ClearOne Authorized Partners (Resellers, Distributors and Integrators) with an identified end user per application
• Companies
• Governments
• ClearOne employees are NOT eligible to participate in the Try and Buy Program, nor are they allowed to complete the application on behalf of a company or ClearOne Authorized Partner. Applications completed by ClearOne employees will be denied.

Application and Order Limits

• Quantities requested are subject to limitations as dictated by ClearOne.

Countries Supported

• United States of America

GENERAL TERMS & CONDITIONS

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE ENTITLED TO EVALUATE OR PURCHASE CLEARONE PRODUCTS THAT ARE SUBJECT TO THE TERMS OF THIS AGREEMENT. SINCE YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY, BY SO ACCEPTING, YOU ARE REPRESENTING THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY WITH AUTHORITY TO MAKE THIS AGREEMENT.

1. INTERPRETATION
1.1 The purpose of the General Terms is to create a single mechanism under which ClearOne and Company may form Agreements.
1.2 In the General Terms:
"Affiliated Company" means, in relation to either party, any entity: (a) which is owned 50% or more by that party; or (b) over which that party exercises management control; or (c) which is under common control with that party; or (d) which owns 50% or more of that party; "Agreement" means each agreement that is comprised of the General Terms and an Exhibit executed by the parties; "Confidential Information" means any information disclosed by one party to another under each Agreement which is, prior to or at the time of disclosure, identified in writing as confidential or proprietary; "Equipment" means the hardware (including components), software media and spare parts listed in ClearOne's standard product price lists published from time to time. ClearOne Equipment, or parts or components of ClearOne Equipment may be new or used. Regardless, ClearOne warranty terms apply; "Exhibit" means any exhibit to the General Terms as executed by the parties from time to time; "Products" means Equipment or Software; "ClearOne Trademarks" means all names, marks, logos, designs, trade dress and other brand designations used by ClearOne in connection with Products and Services; “Technology” means any technology identified in an Exhibit and provided to ClearOne for use in the development or distribution of Products. "Updates" means subsequent releases and error corrections for.

2. LIMITATION OF LIABILITY
ClearOne’s liability to any person whatsoever arising out of or in connection with any sale or use of any of the Products provided to the responsible party hereunder, whether such liability arises from any claim based upon any contract, warranty, tort or otherwise, shall in no case exceed the actual amount paid to ClearOne for Products delivered pursuant to this Agreement.

3. TERMINATION AND EXPIRATION
3.1 Either party may terminate the General Terms immediately by written notice:
(a) if the other party commits a non-remediable material breach; or
(b) if the other party fails to cure any remediable material breach within thirty (30) days of being notified in writing of such breach.
3.2 Either party may terminate the General Terms immediately by written notice.
3.3 Upon completion of 30 day trial period: The loaned product shall be returned to ClearOne in good condition, reasonable wear and tear excepted within 45 days of original shipment date. Notwithstanding the immediately preceding sentence, neither party shall be obligated to return any property to which it has continuing rights, including the right of possession.

4. ASSIGNMENT; SUCCESSORS AND ASSIGNS
It is hereby agreed that this Agreement is personal to Distributor and that Distributor shall not assign, sell, license, or otherwise transfer to any person or entity, any of the obligations, responsibilities, rights, privileges, and interests which are set forth and established by this Agreement without obtaining the prior written consent of ClearOne. In the event of a permitted assignment hereunder, this Agreement shall be binding on, and shall endure to the benefit of, the parties to it and their respective successors, and assigns.

5. LIMITED WARRANTIES
Standard 2 year warranty applies.

6. SEVERABILITY
If any provision of the General Terms or any Agreement is held invalid by any law or regulation of any government or by any court or arbitrator, such invalidity will not affect the enforceability of other provisions.

7. GOVERNING LAW; CHOICE OF FORUM
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah. All disputes arising under this Agreement shall be brought only before the Third Judicial District Court in and for Salt Lake County, State of Utah. Rights and obligations under the General Terms and any Exhibit which by their nature should survive will remain in effect after termination or expiration of the General Terms or the relevant Exhibit. No modification to the General Terms or any Exhibit will be binding, unless in writing and manually signed by an authorized representative of each party. Each Agreement constitutes the parties' entire agreement relating to its subject matter. It cancels and supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms contained in any quote, purchase order, acknowledgment, or other communication between the parties relating to its subject matter.

8. MISCELLANEOUS
In the event that notice to either party is required under this Agreement:
If to ClearOne:
ClearOne
5225 Wiley Post Way, Suite 500
Salt Lake City, UT 84116
Attn.: Tom Brough