Common use of Order of Precedence between XXXX and Order Clause in Contracts

Order of Precedence between XXXX and Order. If there is any conflict between the terms and conditions in the Order and the terms and conditions of this XXXX, or if the Order changes any of the terms of this XXXX, the terms and conditions of the Order will apply, except if the Order is between you and an Authorized Reseller, or the Order is issued/generated by you. In the case where the Order is between you and an Authorized Reseller, the terms of the Order will apply subject to the following: (a) any terms and conditions in the Order imposing obligations on the Authorized Reseller that are in addition to or different from the obligations we have to you pursuant to this XXXX will be born solely by the Authorized Reseller and our obligations to you and limits on our liability will be governed solely by the terms and conditions of this XXXX and (b) any terms and conditions that conflict with or would otherwise alter any of the following under this XXXX will have no effect unless expressly agreed to in a written instrument executed by us: our ownership rights, yours and our confidentiality obligations, your export compliance obligations, limitations on your rights as a U.S. Government customer (if applicable), our audit rights, restrictions on your right to assign or governing law and jurisdiction. In cases where the Order is issued/generated by you, the terms and conditions of Section 1.18.2. of this XXXX, governing a purchase order or other document you supply in connection with this XXXX, shall apply to such Order.

Order of Precedence between XXXX and Order. If there is any conflict between the terms and conditions in the Order and the terms and conditions of this XXXX, or if the Order changes any of the terms of this XXXX, the terms and conditions of the Order will apply, except if the Order is between you and an Authorized Reseller, or the Order is issued/generated by you. In the case where the Order is between you and an Authorized Reseller, the terms of the Order will apply subject to the following: (a) any terms and conditions in the Order imposing obligations on the Authorized Reseller that are in addition to or different from the obligations we have to you pursuant to this XXXX will be born solely by the Authorized Reseller and our obligations to you and limits on our liability will be governed solely by the terms and conditions of this XXXX and (b) any terms and conditions that conflict with or would otherwise alter any of the following under this XXXX will have no effect unless expressly agreed to in a written instrument executed by us: our ownership rights, yours and our confidentiality obligations, your export compliance obligations, limitations on your rights as a U.S. Government customer (if applicable), our audit rights, restrictions on your right to assign assign, our publicity rights or governing law and jurisdiction. In cases where the Order is issued/generated by you, the terms and conditions of Section 1.18.21.19.2. of this XXXX, governing a purchase order or other document you supply in connection with this XXXX, shall apply to such Order.

Order of Precedence between XXXX and Order. If there is any conflict between the terms and conditions in the Order and the terms and conditions of this XXXX, or if the Order changes any of the terms of this XXXX, the terms and conditions of the Order will apply, except if the Order is between you and an Authorized Reseller, or the Order is issued/generated by you. In the case where the Order is between you and an Authorized Reseller, the terms of the Order will apply subject to the following: (a) any terms and conditions in the Order imposing obligations on the Authorized Reseller that are in addition to or different from the obligations we have to you pursuant to this XXXX will be born solely by the Authorized Reseller and our obligations to you and limits on our liability will be governed solely by the terms and conditions of this XXXX and (b) any terms and conditions that conflict with or would otherwise alter any of the following under this XXXX will have no effect unless expressly agreed to in a written instrument executed by us: our ownership rights, yours and our confidentiality obligations, your export compliance obligations, limitations on your rights as a U.S. Government customer (if applicable), our audit rights, restrictions on your right to assign or governing law and jurisdiction. In cases where the Order is issued/generated by you, the terms and conditions of Section 1.18.2. of this XXXX, governing a purchase order or other document you supply in connection with this XXXX, shall apply to such Order.Section