AGREEMENTS WITH CUSTOMERS. The Products are provided by the Third Party Vendor. All Terms of Use or Service as established by the Third Party Vendor and as set forth inter alia at Microsoft Azure Agreement (xxxxx://xxxxx.xxxxxxxxx.xxx/en-us/support/legal/subscription- agreement-nov-2014/ ), Microsoft Azure Legal Information (xxxxx://xxxxx.xxxxxxxxx.xxx/en-us/support/legal/), Microsoft Online Subscription Agreement (xxxxx://xxxxx.xxxxxxxxx.xxx/en- us/support/legal/subscription-agreement/) and Microsoft Azure Service Level Agreement (xxxxx://xxxxx.xxxxxxxxx.xxx/en-us/support/legal/sla/ ) shall apply to the VAR’s resale activity and to the VAR’s Customers, including but not limited to the VAR’s indemnity of the Third Party Vendor based upon the VAR’s acts or omissions and including indemnity of the Third Party Vendor for any infringement claims arising from the combination by the VAR and/or Customers of Third Party Vendor’s intellectual property with the VAR or any third party’s intellectual property. The VAR agrees to provide each Customer with terms of use and gain their acceptance. You covenant, represent and warrant that you will present all Terms of Use or Service to each of your Customers and obtain their enforceable agreement to the Terms of Use or Service before permitting them to access or use the Products. You covenant, represent and warrant that no subscription for the Products shall be activated for or used by your Customers before the Customer agrees to the Terms of Use or Service. You will track and record acceptance by your Customers of the Terms of Use or Service and will provide such information to the Company upon request. The Company may modify these terms and conditions at any time. SCHEDULE 3 – ERPLY
AGREEMENTS WITH CUSTOMERS. The Products are provided by the Third Party Vendor. All Terms of Use or Service as established by the Third Party Vendor and as set forth inter alia at xxxxx://xxxxx.xx shall apply to the VAR’s resale activity and to the VAR’s Customers, including but not limited to the VAR’s indemnity of the Third Party Vendor based upon the VAR’s acts or omissions and including indemnity of the Third Party Vendor for any infringement claims arising from the combination by the VAR and/or Customers of Third Party Vendor’s intellectual property with the VAR or any third party’s intellectual property. The VAR agrees to provide each Customer with terms of use and gain their acceptance. You covenant, represent and warrant that you will present all Terms of Use or Service to each of your Customers and obtain their enforceable agreement to the Terms of Use or Service before permitting them to access or use the Products. You covenant, represent and warrant that no subscription for the Products shall be activated for or used by your Customers before the Customer agrees to the Terms of Use or Service. You will track and record acceptance by your Customers of the Terms of Use or Service and will provide such information to the Company upon request. The Company may modify these terms and conditions at any time. SCHEDULE 4 - VERITAS
AGREEMENTS WITH CUSTOMERS. The Products are provided by the Third Party Vendor. All Terms of Use or Service as established by the Third Party Vendor and as set forth inter alia at xxxxx://xxx.xxxxxxx.xxx/company/legal/license-agreements, including all separate agreements set forth therein, shall apply to the VAR’s resale activity and to the VAR’s Customers, including but not limited to the VAR’s indemnity of the Third Party Vendor based upon the VAR’s acts or omissions and including indemnity of the Third Party Vendor for any infringement claims arising from the combination by the VAR and/or Customers of Third Party Vendor’s intellectual property with the VAR or any third party’s intellectual property. The VAR agrees to provide each Customer with terms of use and gain their acceptance. You covenant, represent and warrant that you will present the Microsoft Cloud Agreement to each of your Customers and obtain their enforceable agreement to the Microsoft Cloud Agreement before permitting them to access or use the Products. You covenant, represent and warrant that no subscription for the Products shall be activated for or used by your Customers before the Customer agrees to the Terms of Use. You will track and record acceptance by your Customers of the Terms of Use or Service and will provide such information to the Company upon request. The Company may modify these terms and conditions at any time. SCHEDULE 5 - VEEAM 1. PRODUCTS VEEAM
AGREEMENTS WITH CUSTOMERS. 4.1 The VAR will be responsible for, and will enter into appropriate agreements with Customers that will govern their purchase, license and/or lease of the Products from the VAR (the “Customer Agreements”). The Customer Agreement must be written terms and conditions applicable to the resale, marketing and use of the Products that:
AGREEMENTS WITH CUSTOMERS. The Products are provided by the Third Party Vendor. All Terms of Use or Service as established by the Third Party Vendor and as set forth inter alia at xxxxx://xxxxxx.xxx , xxxxx://xxxxxxx.xxxxxx.xxx/ , xxxxx://xxxxxxx.xxxxxx.xxx/ , xxxxx://xxxxx.xxxxxx.xxx/ , shall apply to the VAR’s resale activity and to the VAR’s Customers, including but not limited to the VAR’s indemnity of the Third Party Vendor based upon the VAR’s acts or omissions and including indemnity of the Third Party Vendor for any infringement claims arising from the combination by the VAR and/or Customers of Third Party Vendor’s intellectual property with the VAR or any third party’s intellectual property. The VAR agrees to provide each Customer with terms of use and gain their acceptance. You covenant, represent and warrant that you will present all Terms of Use or Service to each of your Customers and obtain their enforceable agreement to the Terms of Use or Service before permitting them to access or use the Products. You covenant, represent and warrant that no subscription for the Products shall be activated for or used by your Customers before the Customer agrees to the Terms of Use or Service. You will track and record acceptance by your Customers of the Terms of Use or Service and will provide such information to the Company upon request. The Company may modify these terms and conditions at any time. SCHEDULE 10 PERSONAL DATA PROCESSING AGREEMENT Today in Athens, 21/10/2019 , by and between; on the one hand INFO QUEST TECHNOLOGIES S.A (herein called “Data Controller”); and on the other hand isle Private Company (herein called “Processor”), hereinafter referred to collectively as the “Parties”, and singularly as the “Party” INTRODUCTION
AGREEMENTS WITH CUSTOMERS. 4.1. Pulse Technologies shall ensure that all R&D Products are used solely within the scope of the R&D Business. All provision of R&D Products to R&D Product Customers shall be made under an appropriate written agreement. Each such agreement shall include (a) a restriction requiring that such customer use the applicable R&D Product only for a use within the scope of the R&D Business, (b) a mechanism for Pulse Technologies to audit and confirm that such restriction is complied with, and (c) a termination right permitting Pulse Technology to terminate that agreement in the event such restriction has been violated. In the event of any such violation, Pulse Technologies shall ensure that such violation is promptly remedied, and if it is not, Pulse Technologies shall terminate the customer agreement in question. Use of an R&D Product by a Sublicensee or an R&D Product Customer outside of the scope of the R&D Business shall be deemed to be a material breach by Pulse Technologies of this Agreement.
AGREEMENTS WITH CUSTOMERS. During the Transition Period, Buyer shall maintain in their current form all BDF agreements and other Agreements with customers.
AGREEMENTS WITH CUSTOMERS. (a) The Company has approximately 10,000 publisher clients in its database, all of whom are either a party to a written contract or have signed up on-line to the Company’s terms and conditions. To the knowledge of Management, to the extent the publisher clients are engaged in business with the Company, all publisher clients are in compliance with the terms thereof in all material respects. The terms and conditions of the Company’s standard E-sales contract are in compliance in all material respects with the federal and state laws of the United States and the laws of each of the European Union and each of its member nations. The Company has provided Seller with a copy of the Company’s standard written contract and on-line terms and conditions. Part 4.15 of the Disclosure Schedule identifies each agreement with a customer that differs in any material respect from the Company’s standard written contract or the Company’s terms and conditions. Part 4.15 of the Disclosure Schedule lists each customer agreement that contains a change of control provision that specifically permits such customer to terminate the contract pursuant to such provision upon a change of control of the Company or to amend the agreement to the disadvantage of the Company pursuant to such provision of the contract (it being expressly understood that the customer contracts may be terminable by customers independent of such change of control provisions or transactions pursuant to other provisions of the customer contract).
AGREEMENTS WITH CUSTOMERS. (i) Attached to Schedule 4.21(a) are true and correct copies of the forms upon which (A) any agreements with or applications from Customers or (B) any currently effective Customer Agreements are based. The ten (10) largest Customers, as measured by revenue generated during the twelve (12) months prior to the Balance Sheet Date, are identified as such on Schedule 4.21(a)(i).
AGREEMENTS WITH CUSTOMERS. 12.1 All sales and other agreements between PSS and its customers are PSS exclusively, and shall have no effect on the respective obligations of Cutera and PSS under this Agreement.
