Appendix F - VoiceStamp Leasing Agreement
VoiceStamp, Inc. ("VoiceStamp") has agreed to lease to you and you have agreed to lease from VoiceStamp the equipment and the software from now on referred to together as the equipment, under the following terms and conditions:
You will make an initial payment of ____________ dollars ($_____.00) USD for the equipment and, thereafter, you will be making _____ (__) payments of _________ dollars ($__.00) USD each per month on the first day of each month while you lease the equipment. This figure includes a twenty dollar ($20.00) USD per payment licensing fee. The lease begins upon receipt of this signed agreement with down payment.
If you fail to make a payment on the date it is due or if you give VoiceStamp a check that does not clear VoiceStamp will have no choice but to disable the software remotely. When you contact us to restart the equipment, VoiceStamp will expect payment in full of all missed payments plus one additional payment.
If you notify VoiceStamp that you no longer wish to lease the equipment and license the software, you may return the equipment to VoiceStamp. You will not be entitled to the return of any monies previously paid to VoiceStamp; however, should you wish to lease the equipment again at any time up to a year after you have returned the equipment, you will be given credit for all previous payments made less a service fee.
VoiceStamp warrants that all of the equipment other than the software that is delivered to the customer will be free from defects in the material and workmanship and in operative condition under normal use for a one year period from the date of the beginning of the agreement. Should the equipment fail in its normal service and under normal conditions through no fault of your own during the warranty period, you shall return the failed equipment at your expense to VoiceStamp.
VoiceStamp shall elect to repair or replace the equipment at no charge to you for the original equipment warranty. Please be aware that VoiceStamp makes no representation or warranty, express or implied, with respect to the equipment's merchantability, or its fitness for a particular purpose.
Your obligation to pay all amounts due under this agreement is absolute and unconditional. If the equipment is lost, stolen, damaged or destroyed, you will still have the responsibility for making the payments. You agree that you will not transfer the property to anyone else.
The computer software supplied with the equipment belongs to VoiceStamp and as part of this agreement, VoiceStamp grants to you a revocable non-exclusive license for use. The license that VoiceStamp gives you may not be assigned or sublicensed or in any way transferred by you. You also agree that you will not reproduce, copy or duplicate any of the software that is provided to you by VoiceStamp except as for backup.
Any notices to you will be sent to the address shown after your signature. Any notices to VoiceStamp from you must be sent to the address shown on top of this letterhead. You promise that if you move the equipment, you will notify VoiceStamp immediately.
By leasing the equipment, you assume liability for and agree to indemnify, protect and hold harmless VoiceStamp and all its agents, employees, and officers from and against all liabilities, such as, losses or damages, etc. including, without limitation, reasonable attorney fees, of whatever kind in nature, in contract, or in tort, arising out of your using, leasing or returning any item of equipment, regardless of when, how and by whom operated or any failure on your part to perform or comply with any of your obligations under the agreement, except if any of these
liabilities are the result of gross negligence or willful misconduct on the part of VoiceStamp.
If you fail to pay, or to perform the contents of this agreement, VoiceStamp will have the right at any time to exercise its rights including recovery of the equipment and any monies owed.
Because VoiceStamp is located in the State of Arizona, this agreement will be governed and construed in accordance with the laws of Arizona.
IT IS AGREED THAT THIS EQUIPMENT AND SOFTWARE WILL ONLY BE USED TOWARDS BUSINESS ENDEAVORS.
If you comply with all of the terms of this agreement by making all payments you are required to make to VoiceStamp, at the end of the agreement term you will be able to buy the equipment for one dollar ($1.00) or you may return the equipment at the end of the lease with no penalty.
VoiceStamp and you agree that this agreement is the entire agreement between you and VoiceStamp with respect to the equipment and that there are no other understandings or agreements other than this agreement, whether spoken or written, between you and VoiceStamp with respect to the equipment and the only way that you or VoiceStamp can change this agreement must be in writing and signed by both you and VoiceStamp. You acknowledge and agree that you have not relied upon any statements, representations, or warranties other than are stated herein.
If any provision or agreement is held to be invalid by a court, that provision or agreement of this agreement may be removed, but the validity of the remainder is not affected.
If you have read, understand and agree to all the terms and conditions of VoiceStamp leasing the equipment and licensing of the software to you, please indicate your acceptance by signing in the appropriate place below and returning this document, along with your initial payment to VoiceStamp, within ten (10) days of the date of this letter.
Very truly yours,
VoiceStamp, Inc.
(Leasing Agent)
AGREED TO AND ACCEPTED THIS__________ DAY OF______________.
SIGNATURE:_______________________________________
Social Security Number:_________-_________-________
Address: