Darwin Depo. ("Darwin") will provide you with a loaner iPhone while your current iPhone ("Your Phone") is being repaired. By receiving the equipment specified in Section 1 ("Loaner Phone") and signing this Agreement, you agree to all of the following terms and conditions.

1. Loaner Phone. You agree to acknowledge receipt of your refurbished Loaner Phone, as provided below at Darwin's discretion, and return the Loaner Phone to Darwin either (i) within fourteen (14) days after the date Darwin notifies you that your phone has been repaired and is available for collection, or (ii) on the date Darwin requests its return in writing (each a "Return Date").

The serial number of your loaner phone can be found on your current Darwin repair quote.

Ownership of the loaner phone remains vested in Darwin from the date of receipt to the date of return.

2. Delivery of your iPhone after return of the loaner iPhone. The loaner phone will be provided for the period during which your phone is undergoing repair by Darwin as outlined in the quote. Darwin will return your phone only after the phone has been repaired, the loaner device has been returned, and all outstanding payments have been settled.

3. Postponement of Return Date. If circumstances arise that prevent you from picking up your repaired phone on or before the return date, you may submit a request to Darwin to extend the return deadline by an additional five (5) days from the usual fourteen (14) day period. A request for an extension may be submitted by contacting the Darwin location that provided the loaner phone. If a five (5) day extension is approved, the extended date will become your return date under the terms of this Agreement, and you will be required to return the loaner phone by the extended return date. All terms and conditions set forth in this Agreement will apply to this extended return date.

4. Replacement Equipment. Darwin may, in certain circumstances and in its sole discretion, determine that a replacement of your Phone is necessary (e.g., if repair is not possible). If Darwin determines that a replacement of your Phone is necessary, then: (i) you will retain the loaner phone from Darwin, you will acquire full ownership of the Phone, and you may use or dispose of your Phone as Darwin sees fit;

5. Safeguard. You must take reasonable and prudent security precautions to protect the loaner phone from damage, loss or mishandling while it is in your possession, custody and control. If the loaner phone is lost, stolen or damaged, you will notify Darwin immediately. Repairs to the loaner phone may only be made by Darwin. If the loaner phone is lost, damaged or stolen while on loan, you may be responsible for the cost of repair or replacement.

6. Permitted Use. The Loaner phone is to be used by you only while your iPhone is being repaired by Darwin (the "Service Period"). You may not use the Loaner phone for any illegal purpose. Only validly licensed software may be installed on the Loaner phone.

7. Deletion of your files when returning the rental phone

You acknowledge that you are responsible for removing all files you have created, including personal and/or confidential files or data, prior to returning the loaner phone. Accordingly, if you wish to retain any files you have created, you should use iTunes to back up your files for later transfer to your repaired phone. You are responsible for removing and storing such files prior to returning the loaner phone. Apple is not responsible or liable for any files or data remaining or deleted after the return of the loaner phone.

8. Installed Software. You acknowledge that all software provided with the loaner phone is separately licensed to the loaner phone and will not be removed by you. You further agree not to copy or reproduce, reverse engineer, disassemble or decompile any software, equipment or components provided with the loaner phone.

9. Darwin Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARWIN SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR DIRECT DAMAGES ARISING OUT OF THE TERMS OF THIS AGREEMENT OR THE USE OF THE LOANED PHONE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE TO YOUR PERSONAL PROPERTY, SOFTWARE OR DATA.

10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Japan.

The undersigned hereby acknowledges that he/she has read and understands this Agreement and has received a copy of it.

Your signature:

date:.....................................................................................

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