Effective February 8, 2026
Pacsgear Equipment
DEFINITIONS
“Business Day” means, for customers in Europe, 8:00am through 5:00pm UK Time (GMT +1); and for all other customers, 7:00-7:00 Central Time (CT), Monday through Friday excluding certain locally--observed holidays.
“Delivery” or “Delivered” means, with respect to Equipment, the Equipment is shipped by Hyland in accordance with these terms.
“Device Software” means software for use on Equipment purchased from Hyland under these terms. Except as provided in these terms, Software under the Agreement shall include Device Software.
“Equipment” means equipment or hardware purchased under the Agreement.
“Equipment Support” means support for Equipment and Device Software as described in these terms.
“Replacement Equipment” shall mean used Equipment that Hyland has restored or refurbished to satisfactory operating condition. Hyland uses new and reconditioned parts made by various manufacturers in performing repairs and providing replacement parts.
“Technical Contact” means a primary contact person who has read, comprehends, and follows the operating instructions provided by the manufacturer of the Device Software and/or Equipment prior to requesting such support, and who has full access and authority if Hyland requires assistance to research or duplicate a reported issue. The Technical Contact may be changed at any time upon notice to Hyland.
TERMS
1. Notwithstanding anything to the contrary in the Agreement, (i) the Device Software is licensed on a perpetual basis; and (ii) the Device Software is licensed only for use on the Equipment with which it is intended to be used.
2. The initial Equipment Support period shall begin upon Delivery of the Equipment and, unless otherwise notified by Customer to Hyland with thirty (30) days in advance, will renew annually for additional consecutive periods of 1 (one) year. Customer shall pay Equipment Support fees to Hyland annually, in advance, in such amounts as invoiced by Hyland, and such invoices shall be paid by Customer in accordance with the Agreement.
3. Delivery of Equipment shall be F.O.B. Hyland’s (or its affiliate’s) offices and Hyland will select the shipping method and carrier. Subject to Section 4 below, title, risk of damage and/or loss will pass to Customer at Hyland’s facility. Equipment fees include the cost of shipping via Hyland’s standard transportation methods (ground, for U.S. shipments) and associated transit insurance. Purchaser may request alternate shipment methods at their expense. For any imports of tangible product, Customer (the purchaser) will serve as the importer of record.
4. Customer will inspect and accept or reject the Equipment promptly upon delivery of the Equipment. If the Equipment is found to be damaged, Hyland will either replace the Equipment with comparable new equipment, or refund the Equipment fees paid to Hyland for the Equipment. Failure to provide Hyland written notice of rejection of the Equipment within five (5) calendar days following delivery of the Equipment will be deemed acceptance of the Equipment.
5. During any Equipment Support period, Hyland will replace defective Equipment according to the following:
(a) Provided that Customer is current in its payment of annual Equipment Support fees, Customer may notify Hyland of Equipment failure by submitting a support request online or calling Hyland’s Equipment Support team on Business Days. Hyland and Customer’s Technical Contact will cooperate to attempt to remedy any Equipment issues without need for Equipment replacement; however, if Hyland is unable to reasonably correct an Equipment failure, Customer may request Hyland to issue Replacement Equipment to Customer. Customer requests for Replacement Equipment processed by Hyland before 2:00pm PT (14:00 CET), will be shipped on the same day. For requests processed after 2:00pm PT (14:00 CET), Hyland will ship Replacement Equipment to Customer on the following Business Day.
(b) Customer has ten (10) Business Days from receipt of Replacement Equipment to return the defective Equipment to a location specified by Hyland. Returned Equipment becomes the property of Hyland. If the defective Equipment is not received at the specified location within ten (10) Business Days of Customer’s receipt of the Replacement Equipment, Customer will pay the replacement cost of a new, similar product.
(c) For any shipment of Replacement Equipment to Customer, Hyland will pay all freight expenses, obtain adequate insurance for replacement cost, and bear the risk of loss during shipment. For any shipment of defective Equipment to Hyland during the ten (10) Business Day period, Hyland will pay all freight expenses, obtain adequate insurance for replacement cost, and bear the risk of loss during shipment, provided Customer follows Hyland’s guidelines for return of the Equipment provided to Customer.
(d) In no event will Equipment Support be available more than five (5) years from the date of purchase of the Equipment.
(e) On Business Days, Hyland will provide to Customer’s Technical Contact, telephone or online technical support related to: (i) problems associated with the operation of any Device Software; and (ii) installation of upgrades and enhancements to the Device Software.
6. Hyland is not responsible for providing, or obligated to provide, Equipment Support: (a) in connection with any errors or problems that result in whole or in part from any alteration, revision, change, enhancement or modification of any nature of the Equipment or Device Software, or from any error or defect in any configuration of the Equipment or Device Software, which activities in any such case were undertaken by any party other than Hyland; (b) in connection with any error or defect if Hyland has previously provided corrections for such error or defect which Customer fails to implement; (c) in connection with any errors or problems that have been caused by errors, defects, problems, alterations, revisions, changes, enhancements or modifications in the database, operating system, third party software (other than third party software embedded in the Software by Hyland), hardware (other than Equipment) or any system or networking utilized by Customer; (d) if the Equipment, or related software or systems have been subjected to abuse, misuse (including use contrary to manufacturer’s specifications, or duty cycles, or with software or hardware not supported by the applicable Device Software), improper handling, accident or neglect; or (e) if any party other than Hyland, or an authorized subcontractor specifically selected by Hyland, has provided any services in the nature of Equipment Support to Customer with respect to the Equipment. Equipment Support does not include: (i) updates or upgrades to the Equipment in the event that the manufacturer modifies, revises, or updates the product or the product’s specifications; (ii) replacement of any “consumable” parts or components; on-site services, system administration, system engineering, or programming services of any kind; (iii) or electrical services or cabling external to the Equipment.
7. If Customer requests Equipment Support to the Equipment after Equipment Support has lapsed for any reason, Hyland reserves the right to inspect and, if necessary, repair the Equipment, and Customer agrees to pay for such inspection and any necessary repairs at Hyland’s then current rates for parts, labor and expenses, prior to reinstating Equipment Support. Reinstatement of Equipment Support will be at Hyland’s discretion and subject to all applicable re-instatement fees.
8. Should Hyland provide services of any type not covered by Equipment Support, Customer agrees that such services shall not be covered by these terms and only shall be engaged pursuant to a professional services engagement.
9. Customer represents and warrants that, in requesting Equipment Support, (a) all Equipment information provided by Customer to Hyland (including make, model, serial number, and location) is and will be true, accurate and complete; (b) Equipment and Device Software has been at all times operated in accordance with the manufacturer’s specifications, including under site conditions, within the environmental range, and within the duty cycles specified by its manufacturer. Customer will provide Hyland with as much information and access to systems as reasonably possible to enable Hyland to investigate and attempt to identify and verify the problem. Customer will work with Hyland support personnel during the problem isolation process, as reasonably needed.
10. Customer acknowledges and agrees that Hyland may require on-line access to Customer’s Device Software and/or Equipment installed on Customer’s systems, at no cost or charge to Hyland, in order to provide Equipment Support.
11. Customer acknowledges and agrees that any warranties otherwise provided by Hyland for the Product in the Agreement shall not apply to Device Software, a defect in which shall be solely covered by Customer’s Equipment Support.
12. Amended Terms and Conditions for Hyland Software Germany GmbH. If Hyland is Hyland Software Germany GmbH, the additional or alternative terms and conditions set forth in the Exhibit A below shall apply:
Exhibit A
If Hyland is Hyland Software Germany GmbH, this Exhibit A shall apply:
Section 11 is supplemented with the following sentence:
“The Customer's statutory claims for damages arising from a breach of any warranty remain unaffected, subject to the express provisions of the Agreement.”
The most current version of this document shall be such in effect as of 12:00am EST (Eastern Standard Time) of the date stamped on such online version.