MTN MPLS-VPN Service - MTN Business

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9. Risk of Loss & Passing of Title of CPE to Customera. Risk of loss in the CPE shall pass to Customer upon delivery of CPE to theCustomer Site.b. Subject to paragraph 9.3, title in the CPE shall vest in the MTN Business LocalEntity upon delivery to the Customer Site, to the extent that: (i) there is a MTNBusiness Local Entity in the territory where the CPE is to be located at the time ofacceptance of the Service Order by MTN Business; (ii) that MTN Business LocalEntity is entitled under the laws and regulations of the territory to hold title toequipment; and (iii) there is an established import channel for MTN Business toimport and deliver the CPE into the territory.c. If any of (i), (ii) or (iii) in paragraph 9.2 do not apply, then this shall be indicated inthe Service Order and (i) title to the CPE shall pass to Customer upon delivery ofthe CPE; (ii) Customer shall be the importer of record in respect of the import ofthe CPE into the territory; and (iii) paragraph 9.5 below shall apply in the case ofany termination of the Service prior to expiry of the Initial Service Term, and anyother reason which results in non payment by Customer for the full value of theCPE provided as part of the Service.d. If title to the CPE vests in a MTN Business Local Entity, upon expiry of theService Term or upon termination of the Service for whatever reason, MTNBusiness may require Customer to return the CPE promptly on receipt of suchnotice, freight prepaid, to such location as MTN Business may designate inwriting, in good repair, condition and working order, ordinary wear and tearresulting from proper use thereof only excepted.e. If title in the CPE passes to Customer pursuant to paragraph 9.3, and Customerterminates the Service prior to expiry of the Initial Service Term (other than formaterial breach under the Agreement), then, upon receipt of an invoice,Customer shall pay to MTN Business, all amounts attributable to the CPE but notpaid by Customer as part of the Charges for the unexpired part of the InitialService Term, as reasonably calculated by MTN Business in reference to theCharges. MTN Business shall provide Customer with sufficient documentation toquantify the outstanding amounts claimed by MTN Business in respect of theCPE for the unexpired part of the Initial Service Term.f. Clauses 8, 9 and 10 shall only apply where Customer selects not to purchaseCPE.10. Softwarea. Any software and related documentation provided by MTN Business to Customeror Customer Affiliate in connection with the CPE, and not otherwise subject toeither a separate written agreement executed between MTN Business andCustomer or an accompanying end-user licence (the "Software") is providedpursuant to a personal, non-exclusive, non-transferable licence to use theInitials
Software, in object code form only, solely in connection with the CPE and thereceipt of the Service for the internal business purposes of Customer andCustomer Affiliates. Customer shall not, and shall procure that each CustomerAffiliate shall not, otherwise use the Software and in no circumstances shall copyand/or modify, alter, decompile or reverse engineer the Software in any manner,except as may be expressly permitted by law. MTN Business makes no warrantyin respect of the Software and has no obligation to provide maintenance or anyother kind of support for the Software, except as provided for as part of theService.11. Exporta. Customer acknowledges that certain equipment, software and technical data,which may be provided hereunder, may be subject to export and re-exportcontrols under the U.S. Export Administration Regulations or similar regulationsof the U.S. or any other country. Customer shall not export or re-export any suchequipment, software, technical data or any direct product thereof in violation ofany such laws. MTN Business shall provide reasonable assistance to Customerand its Customer Affiliates to facilitate this compliance. This assistance mayinclude preparation of import and customs forms and, where requested byCustomer, acting as Customer's agent in the import process. In any event, MTNBusiness does not represent that any necessary import, export, or customslicenses or approvals will be granted with respect to the Service providedhereunder.12. Services and/or features are not available in all countries, and may be procured from incountryprovider in select countries. Please consult your MTN Business representativefor service availability.Accepted on behalf of Customer, bySignatureAccepted on behalf of MTN Business, bySignatureNameNameE-MailE-MailDateDateInitials
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MTN MPLS-VPN Service - MTN Business

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