Terms of Sale

Radius Sales Agreement

This Sales Agreement, hereinafter referred to, collectively with the contemporaneous sales order, as “Agreement,” is simultaneously entered into and made effective as of the date of the Sales Order by and between the following parties:


RadiusXR
, a corporation incorporated under the laws of the state of Delaware (“Seller”), having its principal place of business at 5994 W Las Positas Blvd., Suite 101, Pleasanton, CA 94588, and the client whose information is included above (“Buyer”).


Seller and Buyer may be referred to individually as “Party” and collectively as the “Parties.”

  1. SALE OF THE RADIUSXR SYSTEM: Seller hereby agrees to sell, and Buyer agrees to buy the RadiusXR system as presently offered by Seller and specifically listed on the Sales Order (the “Goods”).

  2. PRICING AND TERMS: Pricing and additional terms are as listed on the orders details in the Sales Order.

  3. EYEVIA PLATFORM: Buyer may access and use the EYEVIA media platform (“EYEVIA Platform”) of Seller subject to the terms and conditions of this Agreement and compliance with law. Any content that Buyer posts to the EYEVIA Platform is the responsibility of the person or entity that provides it to the EYEVIA Platform. Buyer is not allowed to:

    1. Access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the EYEVIA Platform or any content except:

      1. as expressly authorized by the EYEVIA Platform; or
      2. with prior written permission from Seller and, if applicable, the respective rights holders;

    2. Use the EYEVIA Platform to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations; or
    3. Use the EYEVIA Platform to (a) sell any advertising, sponsorships, or promotions placed on, around,
      or within the EYEVIA Platform or content, other than those allowed by Seller.

Buyer is legally responsible for the content Buyer submits to the EYEVIA Platform. Any content submitted by Buyer must not include third-party intellectual property (such as copyrighted material) unless Buyer has permission from the third party or is otherwise legal entitled to publish such content. Any content posted by Seller is the exclusive property and shall remain owned by Seller in all respects. By providing content to the EYEVIA Platform, Buyer grants to Seller a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the EYEVIA Platform and Seller’s business, including for the purpose of promoting and redistributing part or all of the EYEVIA Platform. To the extent Buyer elects to share its content to the Seller’s public library on the EYEVIA Platform, Buyer also grants each other user of the EYEVIA Platform a worldwide, non-exclusive, royalty-free license to access Buyer’s content through the EYEVIA Platform. Buyer may remove its content from the EYEVIA Platform at any time and understands and agrees that Seller may retain server copies of videos that are removed or deleted. If any of Buyer’s content is in breach of this Agreement, is not educational in nature (if posted for other users on the EYEVIA Platform), or may cause harm to Seller, Seller’s users, or third parties, Seller reserves the right to remove or take down some or all of such content in Seller’s discretion. Seller also retains the right to approve any Buyer content prior to posting for other users’ access on the EYEVIA Platform to ensure compliance with laws, this Agreement, and certain Seller approved criteria.

  1. TAXES: These prices described herein are exclusive of any applicable taxes. Seller and Buyer each acknowledge the sufficiency of the purchase price listed on the Sales Order (“Purchase Price”) as consideration. Unless otherwise explicitly agreed to by each of the parties, any sales tax or other similar tax, such as use or excise tax applicable to the sale of the Goods will be paid by the Buyer, or the Buyer agrees to provide the Seller with a legitimate and acceptable tax exemption certificate.

  2. INVOICING & PAYMENT: The Purchase Price will be paid electronically using a credit card or withdrawn from a bank via ACH. For large size orders, it may be invoiced per the order form. If invoiced, the invoiced amount is due within 30-days of receiving the invoice. The Buyer will be automatically charged for an annual fee on the renewal date for service plan, extended warranty and support. These services are provided for a year and renewed on an annual basis. The Buyer may cancel the annual renewal with a 30-day written notice prior to the annual renewal date. Upon cancellation, the services are available until the end of the paid period and no partial refunds are provided for unused services. If service renewal is canceled, the Buyer will no longer receive support, upgrades, extended warranty, or any other services or products provided as part of the Annual Service Fee.

  3. NON-PAYMENTS & RETURNS: If buyer has not returned nor paid the balance due on the RadiusXR system 15 days after such a return or payment was due under this Agreement, Buyer authorizes Seller to charge Buyer’s credit card for the balance due. Seller reserves all rights to take any appropriate action in seeking return or payment in such a circumstance.

  4. DELIVERY: Unless Buyer provides Seller with another location for delivery, Seller shall deliver the Goods to Buyer’s shipping address set forth in the Sales Order using Seller’s standard methods for packaging and shipping such Goods. If Seller is unable to deliver the Goods at Buyer’s shipping address because Buyer has provided appropriate instructions, documents, licenses, or authorizations, Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses.

  5. RISK OF LOSS: Risk of loss for the Goods will transfer from the Seller to the Buyer when Buyer receives ownership of the Goods from the shipping agent.

  6. TIME FOR DELIVERY: The Goods will be delivered within a reasonable time after receipt of Buyer’s Sales Order, currently estimated by Seller to be 14 calendar days. Seller shall not be liable for any delays, loss, or damage in transit. Notwithstanding any delivery provision to the contrary, any dates or times specified for delivery of the Goods are estimates only and time shall not be of the essence for delivery. Seller shall not be liable for any losses, expenses, or damages for failure to meet any delivery date or time.

  7. WARRANTY, SERVICE AND UPGRADES: If Buyer subscribes to Seller’s device service and maintenance plan offered with every unit, Seller will provide software upgrades, service, and support at no cost to the Buyer including replacing hardware equipment that cannot be serviced. The Seller will not replace any hardware items with physical damage, or if lost, or stolen.

  8. LIMITATION OF LIABILITY: In no event will Seller’s liability exceed the Purchase Price paid by the Buyer for any cause of action or future claim. Buyer hereby acknowledges and agrees that Seller is not liable for any special, indirect, consequential or punitive damages, including but not limited to lost profits and/or loss of business, arising out of or relating to this Agreement in any way.

  9. FURTHER TERMS: Certain important terms of your purchase, including a waiver of your right to bring a class action, are contained within our Terms of Use as hosted on our website at https://radiusxr.com/
    terms-of-use/
    . These terms and conditions are an essential part of this contract and therefore are incorporated herein by reference. Additionally, our privacy practices and policies are described in our Privacy Policy, viewable at https://radiusxr.com/privacy-policy/. The Privacy Policy is hereby incorporated herein by reference.

  10. DATA: RadiusXR collects certain data and information about users of the RadiusXR platform, including, but not limited to, data related to the utilization of visual field exams and viewed content (collectively, “Platform Utilization Data”). RadiusXR collects and uses Platform Utilization Data, and other data containing personal information, in accordance with its Privacy Policy, which customer acknowledges. Without limiting any terms of the RadiusXR Privacy Policy, RadiusXR utilizes Platform Utilization Data for the purpose of improving its current products and services, as well as for the development of new 
products and services, in accordance with applicable law. With respect to personal information that has been “deidentified” or “de-identified” (as those terms are defined by applicable privacy laws) (“Deidentified Data”), RadiusXR will comply with the requirements for processing Deidentified Data set out in applicable law. RadiusXR may share Deidentified Data with third parties consistent with applicable 
law. By entering into this agreement, the customer acknowledges and agrees to the terms outlined herein and the processing consistent with our RadiusXR Privacy Policy.

  11. GOVERNING PROVISIONS:

    1. GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the state of California and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within the County of Alameda within the State of California. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.

    2. AMENDENTS: This Agreement may only be amended in writing signed by both Parties.

    3. ENTIRE AGREEMENT: This Agreement and Seller’s Terms of Use and Privacy Policy as discussed in Section 12 herein comprises the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.

    4. NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: Any notice to be given under this Agreement shall via email or be in writing and shall be sent by first-class mail or airmail to the
      address of the relevant Party set out in the Sales Order.

Radius Lease Agreement

This Lease Agreement, hereinafter referred to, collectively with the contemporaneous lease order, as “Agreement,” is simultaneously entered into and made effective as of the date of the Lease Order by and between the following parties:

RadiusXR, a corporation incorporated under the laws of the state of Delaware (“Lessor”), having its principal place of business at 5994 W Las Positas Blvd., Suite 101, Pleasanton, CA 94588, and the client whose information is included above (“Lessee”) Lessor and Lessee may be referred to individually as “Party” and collectively as the “Parties.”

  1. LEASE OF THE RADIUSXR SYSTEM: Lessor hereby agrees to lease to Lessee the RadiusXR system as presently offered by Lessor (the “Equipment”) for the period set forth on the Lease Order (“Lease Commitment”). The Parties intend that this Agreement and the Lease Order shall constitute a true lease under applicable law. Lessor has title to the Equipment at all times. Lessee acquires no ownership, title, property, right, equity, or interest in the Equipment other than its leasehold interest subject to the terms and conditions herein.

  2. PRICING AND TERMS: Pricing and additional terms are as listed in the Lease Order.

  3. EYEVIA PLATFORM: Lessee may access and use the EYEVIA media platform (“EYEVIA Platform”) of Lessor subject to the terms and conditions of this Agreement and compliance with law. Any content that Lessee posts to the EYEVIA Platform is the responsibility of the person or entity that provides it to the EYEVIA Platform. Lessee is not allowed to:

    1. Access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the EYEVIA Platform or any content except:
      1. as expressly authorized by the EYEVIA Platform; or
      2. with prior written permission from Lessor and, if applicable, the respective rights holders;

    2. Use the EYEVIA Platform to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations; or
    1. Use the EYEVIA Platform to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the EYEVIA Platform or content, other than those allowed by Lessor. Lessee is legally responsible for the content Lessee submits to the EYEVIA Platform. Any content submitted by Lessee must not include third-party intellectual property (such as copyrighted material) unless Lessee has permission from the third party or is otherwise legal entitled to publish such content. Any content posted by Lessor is the exclusive property and shall remain owned by Lessor in all respects. By providing content to the EYEVIA Platform, Lessee grants to Lessor a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the EYEVIA Platform and Lessor’s business, including for the purpose of promoting and redistributing part or all of the EYEVIA Platform. To the extent Lessee elects to share its content to the Lessor’s public library on the EYEVIA Platform, Lessee also grants each other user of the EYEVIA Platform a worldwide, non-exclusive, royalty-free license to access Lessee’s content through the EYEVIA Platform. Lessee may remove its content from the EYEVIA Platform at any time and understands and agrees that Lessor may retain server copies of videos that are removed or deleted. If any of Lessee’s content is in breach of this Agreement, is not educational in nature (if posted for other users on the EYEVIA Platform), or may cause harm to Lessor, Lessor’s users, or third parties, Lessor reserves the right to remove or take down some or all of such content in Lessor’s discretion. Lessor also retains the right to approve any Lessee content prior to posting for other users’ access on the EYEVIA Platform to ensure compliance with laws, this Agreement, and certain Lessor approved criteria.
  1. TAXES: These prices described herein are exclusive of any applicable taxes. Unless otherwise explicitly agreed to by each of the parties, any sales tax or other similar tax, such as use or excise tax applicable to the lease of the Equipment will be paid by the Lessee, or the Lessee agrees to provide the Lessor with a legitimate and acceptable tax exemption certificate.

  2. LEASE TERM AND RETURNS: This Agreement and the lease term shall commence on the Lease Commencement Date set forth on the Lease Order and expire at the end of the Lease Commitment, unless earlier terminated in accordance with the terms herein. Upon completion of the Lease Commitment and with Lessor’s consent, the Lessee may extend the Lease Commitment to lease the equipment on a month-to-month basis in accordance with the then existing lease terms. Either Party may terminate this Agreement following the Lease Commitment upon 30 days’ notice to the non-terminating Party. Upon expiration or termination, Lessee will be required to return all Equipment to the Lessor within 15 days of the end of the then current lease term. If Lessee terminates the Agreement prior to the end of the Lease Commitment, Lessee will be charged an amount equal to the remaining lease payments of the Lease Commitment and shall promptly return the Equipment. All returns of the Equipment by Lessee shall be in good condition as when delivered to Lessee and complete with all parts, ordinary wear and tear excepted.

  3. LEASE PAYMENT: The Leasing Price will be charged on a credit card or withdrawn from a bank via ACH based on the specified monthly, quarterly, or annual basis.

  4. LEASING AND RETURNS: If Lessee has not returned the Equipment within 30 days after return was due under this Agreement, Lessee authorizes Lessor to charge Lessee’s credit card for the retail cost of the Equipment. Lessor reserves all rights to take any appropriate action in seeking return or payment in such a circumstance.

  5. DELIVERY: Unless Lessee provides Lessor with another location for delivery, Lessor shall deliver the Equipment to Lessee’s shipping address set forth in the Sales Order using Lessor’s standard methods for packaging and shipping such Equipment. If Lessor is unable to deliver the Equipment at Lessee’s shipping address because Lessee has provided appropriate instructions, documents, licenses, or authorizations, Lessor, at its option, may store the Equipment until Lessee picks them up, whereupon Lessee shall be liable for all related costs and expenses.

  6. RISK OF LOSS: From the Lease Commencement Date through the expiration or termination of the Lease Commitment, Lessee shall bear all risk of loss, damage, destruction, theft, taking, confiscation, or requisition, partial or complete, of or to the Equipment or its use, however caused or occasioned (“Loss”). Lessee shall notify Lessor in writing within 10 days of learning of any such Loss. If Lessor determines that a Loss has materially impaired the Equipment or its use, Lessee shall pay all amounts due prior to the date of Loss and pay to Lessor the retail cost of the Equipment.

  7. TIME FOR DELIVERY: The Equipment will be delivered within a reasonable time after receipt of Lessee’s Lease Order, currently estimated by Lessor to be 14 calendar days. Lessor shall not be liable for any delays, loss, or damage in transit. Notwithstanding any delivery provision to the contrary, any dates or times specified for delivery of the Equipment are estimates only and time shall not be of the essence for delivery. Lessor shall not be liable for any losses, expenses, or damages for failure to meet any delivery date or time.

  8. WARRANTY, SERVICE AND UPGRADES: Lessor will provide software upgrades, service, and support during the Lease Commitment at no cost to the Lessee including replacing hardware equipment in Lessor’s sole discretion. There shall be no abatement of lease payments or lease credits for any period in which the Equipment is being upgraded, serviced, or repaired. While on-going improvements to RadiusXR existing vision tests and digital media are included in the lease, certain major enhancements, such as new features and capabilities, may be offered, in Lessor’s sole discretion, as an upgrade to the then existing lease, which Lessee may accept for additional costs and fees.

  9. LIMITATION OF LIABILITY: In no event will Lessor’s liability exceed the amount paid to Lessor over the full Lease Commitment. Lessee hereby acknowledges and agrees that Lessor is not liable for any special, indirect, consequential, or punitive damages, including but not limited to lost profits and/or loss of business, arising out of or relating to this Agreement in any way.

  10. FURTHER TERMS: Certain important terms of your purchase, including a waiver of your right to bring a class action, are contained within our Terms of Use as hosted on our website at https://radiusxr.com/
    terms-of-use/
    . These terms and conditions are an essential part of this contract and therefore are incorporated herein by reference to the extent relevant to a lease and not a sale. Additionally, our privacy practices and policies are described in our Privacy Policy, viewable at https://radiusxr.com/privacy-policy/. The Privacy Policy is hereby incorporated herein by reference.

  11. DATA: Radius collects certain data and information about users of the RadiusXR platform, including, but not limited to, data related to the utilization of visual field exams and viewed content (collectively, “Platform Utilization Data”). RadiusXR collects and uses Platform Utilization Data, and other data
    containing personal information, in accordance with its Privacy Policy, which customer acknowledges. Without limiting any terms of the RadiusXR Privacy Policy, RadiusXR utilizes Platform Utilization Data for the purpose of improving its current products and services, as well as for the development of new products and services, in accordance with applicable law. With respect to personal information that has been “deidentified” or “de-identified” (as those terms are defined by applicable privacy laws) (“Deidentified Data”), RadiusXR will comply with the requirements for processing Deidentified Data set
    out in applicable law. RadiusXR may share Deidentified Data with third parties consistent with applicable law. By entering into this agreement, the customer acknowledges and agrees to the terms outlined herein and the processing consistent with our RadiusXR Privacy Policy.

  12. GENERAL PROVISIONS:

    1. GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the state of California and any applicable federal law. Both Parties consent to jurisdiction under the state and
      federal courts within the County of Alameda within the State of California. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.

    2. AMENDMENTS: This Agreement may only be amended in writing signed by both Parties.

    3. ENTIRE AGREEMENT: This Agreement and Lessor’s Terms of Use and Privacy Policy as discussed
      in Section 13 herein comprises the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.

    4. NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: Any notice to be given under this Agreement shall via email or be in writing and shall be sent by first-class mail or airmail to the
      address of the relevant Party set out in the Lease Order.

Terms of Sale

Radius Sales Agreement

This Sales Agreement, hereinafter referred to, collectively with the contemporaneous sales order, as “Agreement,” is simultaneously entered into and made effective as of the date of the Sales Order by and between the following parties:


RadiusXR
, a corporation incorporated under the laws of the state of Delaware (“Seller”), having its principal place of business at 5994 W Las Positas Blvd., Suite 101, Pleasanton, CA 94588, and the client whose information is included above (“Buyer”).


Seller and Buyer may be referred to individually as “Party” and collectively as the “Parties.”

  1. SALE OF THE RADIUSXR SYSTEM: Seller hereby agrees to sell, and Buyer agrees to buy the RadiusXR system as presently offered by Seller and specifically listed on the Sales Order (the “Goods”).

  2. PRICING AND TERMS: Pricing and additional terms are as listed on the orders details in the Sales Order.

  3. EYEVIA PLATFORM: Buyer may access and use the EYEVIA media platform (“EYEVIA Platform”) of Seller subject to the terms and conditions of this Agreement and compliance with law. Any content that Buyer posts to the EYEVIA Platform is the responsibility of the person or entity that provides it to the EYEVIA Platform. Buyer is not allowed to:

    1. Access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the EYEVIA Platform or
      any content except:

      1. as expressly authorized by the EYEVIA Platform; or
      2. with prior written permission from Seller and, if applicable, the
        respective rights holders;

    2. Use the EYEVIA Platform to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations; or

    3. Use the EYEVIA Platform to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the EYEVIA Platform or content,
      other than those allowed by Seller.

Buyer is legally responsible for the content Buyer submits to the EYEVIA Platform. Any content submitted by Buyer must not include third-party intellectual property (such as copyrighted material) unless Buyer has permission from the third party or is otherwise legal entitled to publish such content. Any content posted by Seller is the exclusive property and shall remain owned by Seller in all respects. By providing content to the EYEVIA Platform, Buyer grants to Seller a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the EYEVIA Platform and Seller’s business, including for the purpose of promoting and redistributing part or all of the EYEVIA Platform. To the extent Buyer elects to share its content to the Seller’s public library on the EYEVIA Platform, Buyer also grants each other user of the EYEVIA Platform a worldwide, non-exclusive, royalty-free license to access Buyer’s content through the EYEVIA Platform. Buyer may remove its content from the EYEVIA Platform at any time and understands and agrees that Seller may retain server copies of videos that are removed or deleted. If any of Buyer’s content is in breach of this Agreement, is not educational in nature (if posted for other users on the EYEVIA Platform), or may cause harm to Seller, Seller’s users, or third parties, Seller reserves the right to remove or take down some or all of such content in Seller’s discretion. Seller also retains the right to approve any Buyer content prior to posting for other users’ access on the EYEVIA Platform to ensure compliance with laws, this Agreement, and certain Seller approved criteria.

  1. TAXES: These prices described herein are exclusive of any applicable taxes. Seller and Buyer each acknowledge the sufficiency of the purchase price listed on the Sales Order (“Purchase Price”) as consideration. Unless otherwise explicitly
    agreed to by each of the parties, any sales tax or other similar tax, such as use or excise tax applicable to the sale of the Goods will be paid by the Buyer, or the Buyer agrees to provide the Seller with a legitimate and acceptable tax exemption certificate.

  2. INVOICING & PAYMENT: The Purchase Price will be paid electronically using a credit card or withdrawn from a bank via ACH. For large size orders, it may be invoiced per the order form. If invoiced, the invoiced amount is due within 30-days of receiving the invoice. The Buyer will be automatically charged for an annual fee on the renewal date for service plan, extended warranty and support. These services are provided for a year and renewed on an annual basis. The Buyer may cancel the annual renewal with a 30-day written notice prior to the annual renewal date. Upon cancellation, the services are available until the end of the paid period and no partial refunds are provided for unused services. If service renewal is canceled, the Buyer will no longer receive support, upgrades, extended warranty, or any other services or products provided as part of the Annual Service Fee.

  3. NON-PAYMENTS & RETURNS: If buyer has not returned nor paid the balance due on the RadiusXR system 15 days after such a return or payment was due under this Agreement, Buyer authorizes Seller to charge Buyer’s credit card for the balance due. Seller reserves all rights to take any appropriate action in seeking return or payment in such a circumstance.

  4. DELIVERY: Unless Buyer provides Seller with another location for delivery, Seller shall deliver the Goods to Buyer’s shipping address set forth in the Sales Order using Seller’s standard methods for packaging and shipping such Goods. If Seller is unable to deliver the Goods at Buyer’s shipping address because Buyer has provided appropriate instructions, documents, licenses, or authorizations, Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses.

  5. RISK OF LOSS: Risk of loss for the Goods will transfer from the Seller to the Buyer when Buyer receives ownership of the Goods from the shipping agent.

  6. TIME FOR DELIVERY: The Goods will be delivered within a reasonable time
    after receipt of Buyer’s Sales Order, currently estimated by Seller to be 14 calendar days. Seller shall not be liable for any delays, loss, or damage in transit. Notwithstanding any delivery provision to the contrary, any dates or times specified for delivery of the Goods are estimates only and time shall not be of the essence for delivery. Seller shall not be liable for any losses, expenses, or damages for failure to meet any delivery date or time.

  7. WARRANTY, SERVICE AND UPGRADES: If Buyer subscribes to Seller’s
    device service and maintenance plan offered with every unit, Seller will provide software upgrades, service, and support at no cost to the Buyer including replacing hardware equipment that cannot be serviced. The Seller will not replace any hardware items with physical damage, or if lost, or stolen.

  8. LIMITATION OF LIABILITY: In no event will Seller’s liability exceed the
    Purchase Price paid by the Buyer for any cause of action or future claim. Buyer hereby acknowledges and agrees that Seller is not liable for any special, indirect, consequential or punitive damages, including but not limited to lost profits and/or loss of business, arising out of or relating to this Agreement in any way.

  9. FURTHER TERMS: Certain important terms of your purchase, including a waiver of your right to bring a class action, are contained within our Terms of Use as hosted on our website at https://radiusxr.com/terms-of-use/. These terms and conditions are an essential part of this contract and therefore are incorporated herein by reference. Additionally, our privacy practices and policies are described in our Privacy Policy, viewable at https://radiusxr.com/privacy-policy/. The Privacy Policy is hereby incorporated herein by reference.

  10. DATA: RadiusXR collects certain data and information about users of the
    RadiusXR platform, including, but not limited to, data related to the utilization of visual field exams and viewed content (collectively, “Platform Utilization Data”). RadiusXR collects and uses Platform Utilization Data, and other data containing personal information, in accordance with its Privacy Policy, which customer acknowledges. Without limiting any terms of the RadiusXR Privacy Policy, RadiusXR utilizes Platform Utilization Data for the purpose of improving its current products and services, as well as for the development of new products and services, in accordance with applicable law. With respect to personal information that has been “deidentified” or “de-identified” (as those terms are defined by applicable privacy laws) (“Deidentified Data”), RadiusXR will comply with the requirements for processing Deidentified Data set out in applicable law. RadiusXR may share Deidentified Data with third parties consistent with applicable 
law. By entering into this agreement, the customer acknowledges and agrees to the terms outlined herein and the processing consistent with our RadiusXR Privacy Policy.

  11. GOVERNING PROVISIONS:

    1. GOVERNING LAW: This Agreement shall be governed in all respects by
      the laws of the state of California and any applicable federal law. Both
      Parties consent to jurisdiction under the state and federal courts within the County of Alameda within the State of California. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.

    2. AMENDENTS: This Agreement may only be amended in writing signed by both Parties.

    3. ENTIRE AGREEMENT: This Agreement and Seller’s Terms of Use and Privacy Policy as discussed in Section 12 herein comprises the entire agreement between the parties, and supersede all prior or
      contemporaneous understandings, agreements, negotiations,
      representations and warranties, and communications, both written and oral.

    4. NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: Any notice
      to be given under this Agreement shall via email or be in writing and shall
      be sent by first-class mail or airmail to the address of the relevant Party set out in the Sales Order.

Radius Lease Agreement

This Lease Agreement, hereinafter referred to, collectively with the contemporaneous lease order, as “Agreement,” is simultaneously entered into and made effective as of the date of the Lease Order by and between the following parties:

RadiusXR, a corporation incorporated under the laws of the state of Delaware (“Lessor”), having its principal place of business at 5994 W Las Positas Blvd., Suite 101, Pleasanton, CA 94588, and the client whose information is included above (“Lessee”) Lessor and Lessee may be referred to individually as “Party” and collectively as the “Parties.”

  1. LEASE OF THE RADIUSXR SYSTEM: Lessor hereby agrees to lease to
    Lessee the RadiusXR system as presently offered by Lessor (the “Equipment”) for the period set forth on the Lease Order (“Lease Commitment”). The Parties intend that this Agreement and the Lease Order shall constitute a true lease under applicable law. Lessor has title to the Equipment at all times. Lessee acquires no ownership, title, property, right, equity, or interest in the Equipment other than its leasehold interest subject to the terms and conditions herein.

  2. PRICING AND TERMS: Pricing and additional terms are as listed in the Lease Order.

  3. EYEVIA PLATFORM: Lessee may access and use the EYEVIA media platform (“EYEVIA Platform”) of Lessor subject to the terms and conditions of this Agreement and compliance with law. Any content that Lessee posts to the EYEVIA Platform is the responsibility of the person or entity that provides it to the EYEVIA Platform. Lessee is not allowed to:

    1. Access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the EYEVIA Platform or any content except:

      1. as expressly authorized by the EYEVIA Platform; or
      2. with prior written permission from Lessor and, if applicable, the respective rights holders;

    2. Use the EYEVIA Platform to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations; or
    1. Use the EYEVIA Platform to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the EYEVIA Platform or content, other than those allowed by Lessor. Lessee is legally responsible for the content Lessee submits to the EYEVIA Platform. Any content submitted by Lessee must not include third-party intellectual property (such as copyrighted material) unless Lessee has permission from the third party or
      is otherwise legal entitled to publish such content. Any content posted by Lessor is the exclusive property and shall remain owned by Lessor in all respects. By providing content to the EYEVIA Platform, Lessee grants to Lessor a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the EYEVIA Platform and Lessor’s business, including for the purpose of promoting and redistributing part or all of the EYEVIA Platform. To the
      extent Lessee elects to share its content to the Lessor’s public library on the EYEVIA Platform, Lessee also grants each other user of the EYEVIA Platform a worldwide, non-exclusive, royalty-free license to access Lessee’s content through the EYEVIA Platform. Lessee may remove its content from the EYEVIA Platform at any time and understands and agrees that Lessor may retain server copies of videos that are removed or deleted. If any of
      Lessee’s content is in breach of this Agreement, is not educational in nature (if posted for other users on the EYEVIA Platform), or may cause harm to Lessor, Lessor’s users, or third parties, Lessor reserves the right to remove
      or take down some or all of such content in Lessor’s discretion. Lessor also retains the right to approve any Lessee content prior to posting for other users’ access on the EYEVIA Platform to ensure compliance with laws, this Agreement, and certain Lessor approved criteria.
  1. TAXES: These prices described herein are exclusive of any applicable taxes. Unless otherwise explicitly agreed to by each of the parties, any sales tax or other similar tax, such as use or excise tax applicable to the lease of the Equipment will be paid by the Lessee, or the Lessee agrees to provide the Lessor with a legitimate and acceptable tax exemption certificate.

  2. LEASE TERM AND RETURNS: This Agreement and the lease term shall commence on the Lease Commencement Date set forth on the Lease Order and expire at the end of the Lease Commitment, unless earlier terminated in accordance with the terms herein. Upon completion of the Lease Commitment and with Lessor’s consent, the Lessee may extend the Lease Commitment to lease the equipment on a month-to-month basis in accordance with the then existing lease terms. Either Party may terminate this Agreement following the Lease Commitment upon 30 days’ notice to the non-terminating Party. Upon expiration or termination, Lessee will be required to return all Equipment to the Lessor within 15 days of the end of the then current lease term. If Lessee terminates the Agreement prior to the end of the Lease Commitment, Lessee will be charged an amount equal to the remaining lease payments of the Lease Commitment and shall promptly return the Equipment. All returns of the Equipment by Lessee shall be in good condition as when delivered to Lessee and complete with all parts, ordinary wear and tear excepted.

  3. LEASE PAYMENT: The Leasing Price will be charged on a credit card or withdrawn from a bank via ACH based on the specified monthly, quarterly, or annual basis.

  4. LEASING AND RETURNS: If Lessee has not returned the Equipment within 30 days after return was due under this Agreement, Lessee authorizes Lessor to charge Lessee’s credit card for the retail cost of the Equipment. Lessor reserves all rights to take any appropriate action in seeking return or payment in such a circumstance.

  5. DELIVERY: Unless Lessee provides Lessor with another location for delivery, Lessor shall deliver the Equipment to Lessee’s shipping address set forth in the Sales Order using Lessor’s standard methods for packaging and shipping such Equipment. If Lessor is unable to deliver the Equipment at Lessee’s shipping address because Lessee has provided appropriate instructions, documents, licenses, or authorizations, Lessor, at its option, may store the Equipment until Lessee picks them up, whereupon Lessee shall be liable for all related costs and expenses.

  6. RISK OF LOSS: From the Lease Commencement Date through the expiration or termination of the Lease Commitment, Lessee shall bear all risk of loss, damage, destruction, theft, taking, confiscation, or requisition, partial or complete, of or to the Equipment or its use, however caused or occasioned (“Loss”). Lessee shall notify Lessor in writing within 10 days of learning of any such Loss. If Lessor determines that a Loss has materially impaired the Equipment or its use, Lessee shall pay all amounts due prior to the date of Loss and pay to Lessor the retail cost of the Equipment.

  7. TIME FOR DELIVERY: The Equipment will be delivered within a reasonable time after receipt of Lessee’s Lease Order, currently estimated by Lessor to be 14 calendar days. Lessor shall not be liable for any delays, loss, or damage in transit. Notwithstanding any delivery provision to the contrary, any dates or times specified for delivery of the Equipment are estimates only and time shall not be of the essence for delivery. Lessor shall not be liable for any losses, expenses, or damages for failure to meet any delivery date or time.

  8. WARRANTY, SERVICE AND UPGRADES: Lessor will provide software upgrades, service, and support during the Lease Commitment at no cost to the Lessee including replacing hardware equipment in Lessor’s sole discretion. There shall be no abatement of lease payments or lease credits for any period in which the Equipment is being upgraded, serviced, or repaired. While on-going improvements to RadiusXR existing vision tests and digital media are included in the lease, certain major enhancements, such as new features and capabilities, may be offered, in Lessor’s sole discretion, as an upgrade to the then existing lease, which Lessee may accept for additional costs and fees.

  9. LIMITATION OF LIABILITY: In no event will Lessor’s liability exceed the
    amount paid to Lessor over the full Lease Commitment. Lessee hereby acknowledges and agrees that Lessor is not liable for any special, indirect, consequential, or punitive damages, including but not limited to lost profits and/or loss of business, arising out of or relating to this Agreement in any way.

  10. FURTHER TERMS: Certain important terms of your purchase, including a waiver of your right to bring a class action, are contained within our Terms of Use as hosted on our website at https://radiusxr.com/terms-of-use/. These terms and conditions are an essential part of this contract and therefore are incorporated herein by reference to the extent relevant to a lease and not a sale. Additionally, our privacy practices and policies are described in our Privacy Policy, viewable at https://radiusxr.com/privacy-policy/. The Privacy Policy is hereby incorporated herein by reference.

  11. DATA: Radius collects certain data and information about users of the RadiusXR platform, including, but not limited to, data related to the utilization of visual field exams and viewed content (collectively, “Platform Utilization Data”). RadiusXR collects and uses Platform Utilization Data, and other data containing personal information, in accordance with its Privacy Policy, which customer acknowledges. Without limiting any terms of the RadiusXR Privacy Policy, RadiusXR utilizes Platform Utilization Data for the purpose of improving its current products and services, as well as for the development of new products and services, in accordance with applicable law. With respect to personal information that has been “deidentified” or “de-identified” (as those terms are defined by applicable privacy laws) (“Deidentified Data”), RadiusXR will comply with the requirements for processing Deidentified Data set out in applicable law. RadiusXR may share Deidentified Data with third parties consistent with applicable law. By entering into this agreement, the customer acknowledges and agrees to the terms outlined herein and the processing consistent with our RadiusXR Privacy Policy.

  12. GENERAL PROVISIONS:

    1. GOVERNING LAW: This Agreement shall be governed in all respects by
      the laws of the state of California and any applicable federal law. Both
      Parties consent to jurisdiction under the state and federal courts within the County of Alameda within the State of California. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.

    2. AMENDMENTS: This Agreement may only be amended in writing signed
      by both Parties.

    3. ENTIRE AGREEMENT: This Agreement and Lessor’s Terms of Use and Privacy Policy as discussed in Section 13 herein comprises the entire agreement between the parties, and supersede all prior or
      contemporaneous understandings, agreements, negotiations,
      representations and warranties, and communications, both written and oral.

    4. NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: Any notice
      to be given under this Agreement shall via email or be in writing and shall
      be sent by first-class mail or airmail to the address of the relevant Party set out in the Lease Order.

Terms of Sale

Radius Sales Agreement

This Sales Agreement, hereinafter referred to, collectively with the contemporaneous sales order, as “Agreement,” is simultaneously entered into and made effective as of the date of the Sales Order by and between the following parties:


RadiusXR
, a corporation incorporated under the laws of the state of Delaware (“Seller”), having its principal place of business at 5994 W Las Positas Blvd., Suite 101, Pleasanton, CA 94588, and the client whose information is included above (“Buyer”).


Seller and Buyer may be referred to individually as “Party” and collectively as the “Parties.”

  1. SALE OF THE RADIUSXR SYSTEM: Seller hereby agrees to sell, and Buyer agrees to buy the RadiusXR system as presently offered by Seller and specifically listed on the Sales Order (the “Goods”).

  2. PRICING AND TERMS: Pricing and additional terms are as listed on the orders details in the Sales Order.

  3. EYEVIA PLATFORM: Buyer may access and use the EYEVIA media platform (“EYEVIA Platform”) of Seller subject to the terms and conditions of this Agreement and compliance with law. Any content that Buyer posts to the EYEVIA Platform is the responsibility of the person or entity that provides it to the EYEVIA Platform. Buyer is not allowed to:

    1. Access, reproduce, download, distribute, transmit, broadcast, display, sell, license,
      alter, modify or otherwise use any part of the EYEVIA Platform or any content except:

      1. as expressly authorized by the EYEVIA Platform; or
      2. with prior written permission from
        Seller and, if applicable, the
        respective rights holders;

    2. Use the EYEVIA Platform to distribute unsolicited promotional or commercial
      content or other unwanted or mass solicitations; or

    3. Use the EYEVIA Platform to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the EYEVIA Platform or content, other than those
      allowed by Seller.

Buyer is legally responsible for the content Buyer submits to the EYEVIA Platform. Any content submitted by Buyer must not include third-party intellectual property (such as copyrighted material) unless Buyer has permission from the third party or is otherwise legal entitled to publish such content. Any content posted by Seller is the exclusive property and shall remain owned by Seller in all respects. By providing content to the EYEVIA Platform, Buyer grants to Seller a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the EYEVIA Platform and Seller’s business, including for the purpose of promoting and redistributing part or all of the EYEVIA Platform. To the extent Buyer elects to share its content to the Seller’s public library on the EYEVIA Platform, Buyer also grants each other user of the EYEVIA Platform a worldwide, non-exclusive, royalty-free license to access Buyer’s content through the EYEVIA Platform. Buyer may remove its content from the EYEVIA Platform at any time and understands and agrees that Seller may retain server copies of videos that are removed or deleted. If any of Buyer’s content is in breach of this Agreement, is not educational in nature (if posted for other users on the EYEVIA Platform), or may cause harm to Seller, Seller’s users, or third parties, Seller reserves the right to remove or take down some or all of such content in Seller’s discretion. Seller also retains the right to approve any Buyer content prior to posting for other users’ access on the EYEVIA Platform to ensure compliance with laws, this Agreement, and certain Seller approved criteria.

  1. TAXES: These prices described herein are exclusive of any applicable taxes. Seller and Buyer each acknowledge the sufficiency of the purchase price listed on the Sales Order (“Purchase Price”) as consideration. Unless otherwise explicitly agreed to by each of the parties, any sales tax or other similar tax, such as use or excise tax applicable to the sale of the Goods will be paid by the Buyer, or the Buyer agrees to provide the Seller with a legitimate and acceptable tax exemption certificate.
  2. INVOICING & PAYMENT: The Purchase Price will be paid electronically using a credit card or withdrawn from a bank via ACH. For large size orders, it may be invoiced per the order form. If invoiced, the invoiced amount is due within 30-days of receiving the invoice. The Buyer will be automatically charged for an annual fee on the renewal date for service plan, extended warranty and support. These services are provided for a year and renewed on an annual basis. The Buyer may cancel the annual renewal with a 30-day written notice prior to the annual renewal date. Upon cancellation, the services are available until the end of the paid period and no partial refunds are provided for unused services. If service renewal is canceled, the Buyer will no longer receive support, upgrades, extended warranty, or any other services or products provided as part of the Annual Service Fee.
  3. NON-PAYMENTS & RETURNS: If buyer has not returned nor paid the balance due on the RadiusXR system 15 days after such a return or payment was due under this Agreement, Buyer authorizes Seller to charge Buyer’s credit card for the balance due. Seller reserves all rights to take any appropriate action in seeking return or payment in such a circumstance.
  4. DELIVERY: Unless Buyer provides Seller with another location for delivery, Seller shall deliver the Goods to Buyer’s shipping address set forth in the Sales Order using Seller’s standard methods for packaging and shipping such Goods. If Seller is unable to deliver the Goods at Buyer’s shipping address because Buyer has provided appropriate instructions, documents, licenses, or authorizations, Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses.
  5. RISK OF LOSS: Risk of loss for the Goods will transfer from the Seller to the Buyer when Buyer receives ownership of the Goods from the shipping agent.
  6. TIME FOR DELIVERY: The Goods will be delivered within a reasonable time after receipt of Buyer’s Sales Order, currently estimated by Seller to be 14 calendar days. Seller shall not be liable for any delays, loss, or damage in transit. Notwithstanding any delivery provision to the contrary, any dates or times specified for delivery of the Goods are estimates only and time shall not be of the essence for delivery. Seller shall not be liable for any losses, expenses, or damages for failure to meet any delivery date or time.
  7. WARRANTY, SERVICE AND UPGRADES: If Buyer subscribes to Seller’s device service and maintenance plan offered with every unit, Seller will provide software upgrades, service, and support at no cost to the Buyer including replacing hardware equipment that cannot be serviced. The Seller will not replace any hardware items with physical damage, or if lost, or stolen.
  8. LIMITATION OF LIABILITY: In no event will Seller’s liability exceed the Purchase Price paid by the Buyer for any cause of action or future claim. Buyer hereby acknowledges and agrees that Seller is not liable for any special, indirect, consequential or punitive damages, including but not limited to lost profits and/or loss of business, arising out of or relating to this Agreement in any way.
  9. FURTHER TERMS: Certain important terms of your purchase, including a waiver of your right to bring a class action, are contained within our Terms of Use as hosted on our website at https://radiusxr.com/
    terms-of-use/
    . These terms and conditions are an essential part of this contract and therefore are incorporated herein by reference. Additionally, our privacy practices and policies are described in our Privacy Policy, viewable at https://radiusxr.com/
    privacy-policy/
    . The Privacy Policy is hereby incorporated herein by reference.
  10. DATA: RadiusXR collects certain data and information about users of the RadiusXR platform, including, but not limited to, data related to the utilization of visual field exams and viewed content (collectively, “Platform Utilization Data”). RadiusXR collects and uses Platform Utilization Data, and other data containing personal information, in accordance with its Privacy Policy, which customer acknowledges. Without limiting any terms of the RadiusXR Privacy Policy, RadiusXR utilizes Platform Utilization Data for the purpose of improving its current products and services, as well as for the development of new products and services, in accordance with applicable law. With respect to personal information that has been “deidentified” or “de-identified” (as those terms are defined by applicable privacy laws) (“Deidentified Data”), RadiusXR will comply with the requirements for processing Deidentified Data set out in applicable law. RadiusXR may share Deidentified Data with third parties consistent with applicable 
law. By entering into this agreement, the customer acknowledges and agrees to the terms outlined herein and the processing consistent with our RadiusXR Privacy Policy.
  11. GOVERNING PROVISIONS:

    1. GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the state of California and any applicable federal law. Both Parties consent to jurisdiction
      under the state and federal courts within the County of Alameda within the State of California. The Parties agree that this choice
      of law, venue, and jurisdiction provision is
      not permissive, but rather mandatory in nature.
    2. AMENDENTS: This Agreement may only be amended in writing signed by both Parties.
    3. ENTIRE AGREEMENT: This Agreement and Seller’s Terms of Use and Privacy Policy as discussed in Section 12 herein comprises the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations,
      representations and warranties, and communications, both written and oral.
    4. NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: Any notice to be given under this Agreement shall via email or be in writing and shall be sent by first-class mail or airmail to the address of the relevant Party set out in the Sales Order.

Radius Lease Agreement

This Lease Agreement, hereinafter referred to, collectively with the contemporaneous lease order, as “Agreement,” is simultaneously entered into and made effective as of the date of the Lease Order by and between the following parties:

RadiusXR, a corporation incorporated under the laws of the state of Delaware (“Lessor”), having its principal place of business at 5994 W Las Positas Blvd., Suite 101, Pleasanton, CA 94588, and the client whose information is included above (“Lessee”) Lessor and Lessee may be referred to individually as “Party” and collectively as the “Parties.”

  1. LEASE OF THE RADIUSXR SYSTEM: Lessor hereby agrees to lease to Lessee the RadiusXR system as presently offered by Lessor (the “Equipment”) for the period set forth on the Lease Order (“Lease Commitment”). The Parties intend that this Agreement and the Lease Order shall constitute a true lease under applicable law. Lessor has title to the Equipment at all times. Lessee acquires no ownership, title, property, right, equity, or interest in the Equipment other than its leasehold interest subject to the terms and conditions herein.
  2. PRICING AND TERMS: Pricing and additional terms are as listed in the Lease Order.
  3. EYEVIA PLATFORM: Lessee may access and use the EYEVIA media platform (“EYEVIA Platform”) of Lessor subject to the terms and conditions of this Agreement and compliance with law. Any content that Lessee posts to the EYEVIA Platform is the responsibility of the person or entity that provides it to the EYEVIA Platform. Lessee is not allowed to:
    1. Access, reproduce, download, distribute, transmit, broadcast, display, sell, license,
      alter, modify or otherwise use any part of the EYEVIA Platform or any content except:
      1. as expressly authorized by the EYEVIA Platform; or
      2. with prior written permission from Lessor and, if applicable, the
        respective rights holders;
    2. Use the EYEVIA Platform to distribute unsolicited promotional or commercial
      content or other unwanted or mass solicitations; or
    1. Use the EYEVIA Platform to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the EYEVIA Platform or content, other than those
      allowed by Lessor. Lessee is legally responsible for the content Lessee submits
      to the EYEVIA Platform. Any content submitted by Lessee must not include third-party intellectual property (such as copyrighted material) unless Lessee has permission from the third party or is otherwise legal entitled to publish such content. Any content posted by Lessor is the exclusive property and shall remain owned
      by Lessor in all respects. By providing
      content to the EYEVIA Platform, Lessee grants to Lessor a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the EYEVIA Platform and Lessor’s business, including for the purpose of promoting and redistributing part or all of the EYEVIA Platform. To the extent Lessee elects to share its content to the Lessor’s public library on the EYEVIA Platform, Lessee also grants each other user of the EYEVIA Platform a worldwide, non-exclusive,
      royalty-free license to access Lessee’s content through the EYEVIA Platform. Lessee may remove its content from the EYEVIA Platform at any time and understands and agrees that Lessor may retain server copies
      of videos that are removed or deleted. If any of Lessee’s content is in breach of this Agreement, is not educational in nature (if posted for other users on the EYEVIA Platform), or may cause harm to Lessor, Lessor’s users, or third parties, Lessor reserves the right to remove or take down some or all of such content in Lessor’s discretion. Lessor also retains the right to approve any Lessee content prior to posting for other users’ access on the EYEVIA Platform to ensure compliance with laws, this Agreement, and certain Lessor approved criteria.
  1. TAXES: These prices described herein are exclusive of any applicable taxes. Unless otherwise explicitly agreed to by each of the parties, any sales tax or other similar tax, such as use or excise tax applicable to the lease of the Equipment will be paid by the Lessee, or the Lessee agrees to provide the Lessor with a legitimate and acceptable tax exemption certificate.
  2. LEASE TERM AND RETURNS: This Agreement and the lease term shall commence on the Lease Commencement Date set forth on the Lease Order and expire at the end of the Lease Commitment, unless earlier terminated in accordance with the terms herein. Upon completion of the Lease Commitment and with Lessor’s consent, the Lessee may extend the Lease Commitment to lease the equipment on a month-to-month basis in accordance with the then existing lease terms. Either Party may terminate this Agreement following the Lease Commitment upon 30 days’ notice to the non-terminating Party. Upon expiration or termination, Lessee will be required to return all Equipment to the Lessor within 15 days of the end of the then current lease term. If Lessee terminates the Agreement prior to the end of the Lease Commitment, Lessee will be charged an amount equal to the remaining lease payments of the Lease Commitment and shall promptly return the Equipment. All returns of the Equipment by Lessee shall be in good condition as when delivered to Lessee and complete with all parts, ordinary wear and tear excepted.
  3. LEASE PAYMENT: The Leasing Price will be charged on a credit card or withdrawn from a bank via ACH based on the specified monthly, quarterly, or annual basis.
  4. LEASING AND RETURNS: If Lessee has not returned the Equipment within 30 days after return was due under this Agreement, Lessee authorizes Lessor to charge Lessee’s credit card for the retail cost of the Equipment. Lessor reserves all rights to take any appropriate action in seeking return or payment in such a circumstance.
  5. DELIVERY: Unless Lessee provides Lessor with another location for delivery, Lessor shall deliver the Equipment to Lessee’s shipping address set forth in the Sales Order using Lessor’s standard methods for packaging and shipping such Equipment. If Lessor is unable to deliver the Equipment at Lessee’s shipping address because Lessee has provided appropriate instructions, documents, licenses, or authorizations, Lessor, at its option, may store the Equipment until Lessee picks them up, whereupon Lessee shall be liable for all related costs and expenses.
  6. RISK OF LOSS: From the Lease Commencement Date through the expiration or termination of the Lease Commitment, Lessee shall bear all risk of loss, damage, destruction, theft, taking, confiscation, or requisition, partial or complete, of or to the Equipment or its use, however caused or occasioned (“Loss”). Lessee shall notify Lessor in writing within 10 days of learning of any such Loss. If Lessor determines that a Loss has materially impaired the Equipment or its use, Lessee shall pay all amounts due prior to the date of Loss and pay to Lessor the retail cost of the Equipment.
  7. TIME FOR DELIVERY: The Equipment will be delivered within a reasonable time after receipt of Lessee’s Lease Order, currently estimated by Lessor to be 14 calendar days. Lessor shall not be liable for any delays, loss, or damage in transit. Notwithstanding any delivery provision to the contrary, any dates or times specified for delivery of the Equipment are estimates only and time shall not be of the essence for delivery. Lessor shall not be liable for any losses, expenses, or damages for failure to meet any delivery date or time.
  8. WARRANTY, SERVICE AND UPGRADES: Lessor will provide software upgrades, service, and support during the Lease Commitment at no cost to the Lessee including replacing hardware equipment in Lessor’s sole discretion. There shall be no abatement of lease payments or lease credits for any period in which the Equipment is being upgraded, serviced, or repaired. While on-going improvements to RadiusXR existing vision tests and digital media are included in the lease, certain major enhancements, such as new features and capabilities, may be offered, in Lessor’s sole discretion, as an upgrade to the then existing lease, which Lessee may accept for additional costs and fees.
  9. LIMITATION OF LIABILITY: In no event will Lessor’s liability exceed the amount paid to Lessor over the full Lease Commitment. Lessee hereby acknowledges and agrees that Lessor is not liable for any special, indirect, consequential, or punitive damages, including but not limited to lost profits and/or loss of business, arising out of or relating to this Agreement in any way.
  10. FURTHER TERMS: Certain important terms of your purchase, including a waiver of your right to bring a class action, are contained within our Terms of Use as hosted on our website at https://radiusxr.com/
    terms-of-use/
    . These terms and conditions are an essential part of this contract and therefore are incorporated herein by reference to the extent relevant to a lease and not a sale. Additionally, our privacy practices and policies are described in our Privacy Policy, viewable at https://radiusxr.com/
    privacy-policy/.
    The Privacy Policy is hereby incorporated herein by reference.
  11. DATA: Radius collects certain data and information about users of the RadiusXR platform, including, but not limited to, data related to the utilization of visual field exams and viewed content (collectively, “Platform Utilization Data”). RadiusXR collects and uses Platform Utilization Data, and other data containing personal information, in accordance with its Privacy Policy, which customer acknowledges. Without limiting any terms of the RadiusXR Privacy Policy, RadiusXR utilizes Platform Utilization Data for the purpose of improving its current products and services, as well as for the development of new products and services, in accordance with applicable law. With respect to personal information that has been “deidentified” or “de-identified” (as those terms are defined by applicable privacy laws) (“Deidentified Data”), RadiusXR will comply with the requirements for processing Deidentified Data set out in applicable law. RadiusXR may share Deidentified Data with third parties consistent with applicable law. By entering into this agreement, the customer acknowledges and agrees to the terms outlined herein and the processing consistent with our RadiusXR Privacy Policy.
  12. GENERAL PROVISIONS:

    1. GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the state of California and any applicable federal law. Both Parties consent to jurisdiction
      under the state and federal courts within the County of Alameda within the State of California. The Parties agree that this choice
      of law, venue, and jurisdiction provision is
      not permissive, but rather mandatory in nature.
    2. AMENDMENTS: This Agreement may only be amended in writing signed by both
      Parties.
    3. ENTIRE AGREEMENT: This Agreement and Lessor’s Terms of Use and Privacy Policy as discussed in Section 13 herein comprises the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations,
      representations and warranties, and communications, both written and oral.
    4. NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: Any notice to be given under this Agreement shall via email or be in writing and shall be sent by first-class mail or airmail to the address of the relevant Party set out in the Lease Order.