FUJITSU
THE POSSIBILITIES ARE INFINITE
Fujitsu Canada, Inc.
Francais

Scanner Evaluation Request
Evaluation Agreement Statement

Please read following before proceeding to next step:
SECTION 1 - INSTALLATION AND USE OF PRODUCTS
Fujitsu Canada, Inc. ("Fujitsu") will provide Customer (Fujitsu certified or authorized Imaging "Scanner Reseller" or "Value Added Reseller") with temporary use of the Products specified on the Scanner Evaluation Request referencing and incorporating this Evaluation Agreement Statement. "Products" will collectively refer to any Equipment and/or Software provided by Fujitsu hereunder. Customer may use the Products, beginning upon delivery, for the number of days specified on the Order ("Evaluation Period"). The Products will be installed at the location specified on the Order. Unless otherwise specified in the Order, Customer will be responsible for installation, training on usage and will prepare and maintain the installation site in accordance with applicable specifications.

Certain Products may be provided to Customer for the purpose of assisting Fujitsu in evaluating a new product ("New Product Evaluation") and will be designated as such on the Order. Customer and Fujitsu will establish and agree upon guidelines to facilitate cooperation during the evaluation.

SECTION 2 - CHARGES
All charges for return transportation, and packing for delivery back to Fujitsu will be arranged and paid by Customer, unless otherwise written and agreed to by Fujitsu. There will be no charges for standard ground shipping of the Products to Customer's defined order ship to designation or any charges to Customer for the reasonable use of the Products during the Evaluation Period.

SECTION 3 - WARRANTY DISCLAIMER
THE PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS. FUJITSU MAKES NO CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

SECTION 4 - LIMITATION OF LIABILITY
Fujitsu will have no liability to Customer for damages in any way related to the subject matter of this Agreement.

IN NO EVENT WILL FUJITSU OR ITS SUPPLIERS BE LIABLE IN ANY WAY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS OR LOST PROFITS, OR LOSS OF OR DAMAGE TO RECORDS OR DATA WHETHER FORESEEABLE OR NOT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 5 - TITLE
Title to the Products will remain at all times in Fujitsu and will be kept free and clear of all claims, liens and legal processes of Customer's creditors, third parties having security or ownership interests in other data processing equipment at Customer's site, or any other party claiming through Customer. Customer will, at Customer's expense, protect and defend Fujitsu's title thereto from all such claims, liens and processes. Customer will maintain identification on the Products as to Fujitsu's ownership thereof.

SECTION 6 - RISK OF LOSS
During the period the Products are in Customer's possession, Customer will bear all risks of loss of or damage to the Products, including the following: (a) use of the Products for other than its purposes for which it is designed; (b) alterations or attachments not authorized by Fujitsu in writing; (c) or misconduct or negligence of Customer, its employees or agents.

SECTION 7 - ACQUISITION OF PRODUCTS
Customer may acquire the Products pursuant to a separate purchase order between Fujitsu and Customer. All purchase orders will follow the Terms and Conditions of Sales as outlined by Fujitsu. In the event Customer purchases the Products at the end of the Evaluation Period, the applicable warranty period for the Products will be calculated from the commencement of the Fujitsu invoice date, unless otherwise stated by Fujitsu.

SECTION 8 - EXPIRATION OF EVALUATION PERIOD
Unless Customer purchases the Products, at the end of the Evaluation Period Customer will make the necessary arrangements for return of the products in good condition and repair, reasonable wear and tear excepted. All Products are to be returned in the original packing material. Customer agrees to pay for any missing or damaged components or packing material and/or any damages to the Products incurred during return transit. In the event Customer does not return Products to Fujitsu at the end of the Evaluation Period, or within a ten business day grace period thereafter, Customer will be invoiced for Products as defined in the latest Products pricing Package provided to Customer.

SECTION 9 - SOFTWARE USAGE
All Software provided to Customer is distributed by Fujitsu pursuant to applicable distribution agreements between Fujitsu and various third party software manufacturers and vendors. Fujitsu will distribute the Software to Customer subject to the applicable third party's software license terms, generically referred to as "shrink wrap" licenses, which will be provided to Customer in printed or electronic form (by appearing on Software documentation or packaging materials, or on a computer screen when using the Software or accessing a specified Website URL). Customer agrees that all of its rights regarding its use of the Software will be governed exclusively by such license terms.

In addition to the above, Customer commits to:
  1. Correctly determine the end-user's imaging scanner requirements for this evaluation, including software compatibility and component connections to the computer.
  2. Demonstrate the scanner's proper use and capabilities, if necessary.
  3. Provide instructions to the end-user on the proper unpacking and set-up of the evaluation scanner and its components, as well as ensuring that all components listed to ship are received.
  4. Integrate the evaluation scanner or scanner bundle and any required connection components into the end-user's environment, if necessary.
  5. Provide training on the proper use and maintenance of the scanner.
  6. Provide the customer with repacking and return shipping instructions to ensure that the scanner is returned to Fujitsu in good working condition and with all of its components.
  7. Continue to be bound by all of its obligations and responsibilities set out above, even though it may deliver or caused to be delivered any of the Products to end-users or other third parties.

Customer is prepared to provide first level customer service and support on the evaluation scanner hardware installation and usage, including initial problem determination and resolution.