Equipment Lease Terms

This Predictive Equipment Lease Agreement (this "Agreement") contains the terms and conditions that govern any hardware that might be supplied to you in connection with your access to and use of the Service Offerings and is an agreement between Predictive Technologies, LLC. ("Predictive", "we", "us" or "our") and you or the entity you represent ("you"). This Agreement takes effect on the agreed date or the day that the equipment is made available to you (the "Effective Date"). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. Please see Section 14 for definitions of certain capitalized terms used in this Agreement.


Equipment

In conjunction with our Services we may provide you with certain hardware equipment ("Equipment") so you can gain access to additional Service offerings or functionality. This Equipment can include:

  1. Cerberus i3 / i5 / i7 A security device designed to create dedicated and encrypted tunnel from a remote location to our networks.
  2. USB Drives. USB drives containing files or configurations required for Cerberus© and/or Hydra©.
  3. Networking Cables. Category 5 or 6 networking cables.

Ownership

All Equipment is provided by us to you on a lease. The Equipment along with all associated technologies, designs and intellectual properties remain our exclusive property. In association with the terms of this Agreement you are granted a license to use the Equipment in conjunction with our Services for the duration of your lease term.

Responsibility

During your lease of the equipment you are entrusted with a responsibility of care and use of the Equipment. This includes:

  1. Condition. You are responsible to make every effort to keep the Equipment in good working condition.
  2. Personnel. The Equipment will only be handled or used by persons competent and representing you.
  3. Usage. The Equipment will only be used for its intended purpose.
  4. Location. The Equipment will be kept in a secure location and will not be moved or removed without our prior concent.

Liability

You accept that you are the legal custodian of the Equipment for the duration of the lease and that any loss or damages to the Equipment are your responsibility. The replacement value of the Equipment:

  1. Cerberus i3 $6000 (USD) per unit.
  2. Cerberus i5 $7000 (USD) per unit.
  3. Cerberus i7 $8000 (USD) per unit.
  4. Other. All other Equipment will be billed at the fair market value.

No Illegal, Harmful, or Offensive Use

You may not use, or encourage, promote, facilitate or instruct others to use, the Equipment for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:

  1. Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
  2. Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
  3. Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes pornography of any kind.
  4. Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

No Security Violations

You may not use the Equipment to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a "System"). Prohibited activities include:

  1. Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, open Equipment, remove parts or test the vulnerability of a System or to breach any security or authentication measures used by a System.
  2. Interception. Monitoring of data or traffic on a System without permission.
  3. Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

No Network Abuse

You may not use the Equipment to make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

  1. Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
  2. Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
  3. Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
  4. Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
  5. Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

Default

If you default on any of your obligations described in this Agreement, or any of the terms or policies that govern your use of our Services we reserve the right to terminate your lease (The "Termination Date"). In such an event you are required to cease using all Equipment and return it to us within seven (7) days of the Termination Date.

Equipment Return

Following the issuance of a Termination Date, whether through default or expiration. You are responsible for ensuring the safe return of all Equipment to Predictive Technologies, Suite 400, Englewood, 9800 Mount Pyramid Ct., Suite 400, Englewood, CO, 80112 within seven (7). The cost of any transport, insurance, packaging etc. is your responsibility.

Our Monitoring and Enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or Predictive Site. We may:

  1. investigate violations of this Policy or misuse of the Services or Predictive Site; or
  2. remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the Predictive Site.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

Reporting of Violations of this Policy

If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.

Last updated July 25, 2017