Lease Terms for Dolby Hardware
These Lease Terms for Dolby Hardware govern your lease of any Dolby-manufactured business communications equipment (“Leased Products”) provided by us, as identified in a signed Order and are subject to GoTo’s Terms of Service available at https://www.goto.com/company/legal/terms-and-conditions (“End User Agreement”).
The parties agree as follows:
- 1. Ownership. Neither you nor GoTo is the owner of any Leased Products.Dolby Laboratories, Inc. is and shall remain the owner of all Leased Products. If the End User Agreement or these lease terms are breached, terminated, or either you or GoTo ceases to operate in the ordinary course of business, Dolby has the right to recover the Leased Products. Dolby is a third party beneficiary of the End User Agreement with respect to Dolby’s ownership interest in the Leased Products, including for the purpose of exercising Dolby’s rights under this paragraph. You may not pledge, encumber, sub-lease, or loan the Leased Products to any third party without our written consent.
- 2. Condition of Leased Products. The Leased Products may be new or may be refurbished to a like-new standard. You must keep the Leased Products in good working condition. If we determine the Leased Products have been damaged through abuse or neglect, you may be subject to additional costs for the repair or replacement of the Leased Products.
- 3. Support and Replacement. We will repair or replace any Leased Products that fail during your Service term due to a manufacturer’s defect at no cost to you. To request repair or replacement, you must submit a request to us online at https://support.goto.com. You must return the Leased Products within 45 days of the replacement request or you may be subject to replacement costs for the Leased Products.
- 4. Purchase of Leased Products. At the end of the Service term for the Leased Products, you must return them to GoTo. GoTo may, in its discretion, allow you to purchase the Leased Products at fair market value. In the event of any such purchase, title to the Leased Products shall immediately transfer to you and our obligations for support and replacement set forth in Section 3 above shall end.
- 5. Government End Users. If you are a United States government entity, all software distributed with or embedded in the Leased Products are subject to the applicable end user license agreements accompanying such Leased Products; are commercial computer software developed exclusively at private expense; are provided to the United States government only as commercial computer software (with Restricted Rights, as applicable); that use, duplication, and disclosure by civilian agencies of the United States government shall be in accordance with the terms of such end user license agreements and FAR 52.227-19(b), or its current equivalent; and that use, duplication, and disclosure by Department of Defense agencies is subject solely to the terms of the applicable end user license agreements as consistent with DFARS 227.7202 or its current equivalent.
Last Updated: September, 2020