Resale Products Sample Clauses

Resale Products. The "Resale Products" are the full commercial versions of the following Altiris products:
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Resale Products. Resale products are goods (that are sold with Seller's goods) which are not manufactured by Seller and which are supplied as an accommodation to Buyer. Seller's responsibility for resale products is limited to reasonable commercial effort to arrange for procurement and shipping. Unless otherwise agreed, all prices are F.C.A. resale product manufacturer's factory. Standard documentation shall be only as supplied by the resale product manufacturer. SELLER MAKES NO WARRANTY FOR RESALE PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOLE WARRANTY SHALL BE THAT OF THE RESALE PRODUCT MANUFACTURER. Buyer agrees that Seller has no liability for resale products beyond the services within Seller's direct control necessary to reasonably discharge the above stated responsibility and that Seller shall not be liable for delays caused by resale product manufacturer. Buyer further agrees that Buyer's SOLE AND EXCLUSIVE REMEDY for Seller's breach of the stated responsibility shall be limited to the difference between the resale product manufacturer's price to Seller and Seller's price to Buyer for resale products in such breach.
Sample 1
Resale Products. Ivanti may resell licenses to certain third party software or services. The purchase, sale and /or use of such third party software or services as identified below ("Resale Products") may be subject to separate agreements with the applicable third party suppliers as set forth below ("Third Party Resale Terms"). If Customer purchases any Resale Products, Customer acknowledges and agrees that it is bound by the Third Party Resale Terms below. Except as otherwise expressly set forth in the Agreement, the Agreement shall not apply to the Resale Products and Customer acknowledges and agrees that Xxxxxx disclaims all warranties, indemnities, obligations, and other liabilities in connection with any Resale Product.
Sample 1
Resale Products. (a) With respect to Resale Products described and marketed on Seller’s website at xxx.xxxxxxxxxxx.xxx, the terms and conditions of this Agreement shall apply. However, with respect to Artec Resale Products, Artec’s then- current Terms and Conditions of Sale (“Artec Terms”) available on Seller’s website shall also apply as between Artec and Buyer as if Buyer had purchased the Artec Resale Products directly from Artec. As between Buyer and Artec, and notwithstanding anything in this Agreement to the contrary, such Artec Terms shall control in the event of any conflict with any other terms of this Agreement.
Sample 1
Resale Products. The prices paid by Compaq or its designated agent to Altiris for each Resale Product shall be the applicable percentage of Altiris' then-current published retail price for the Resale Product. The applicable percentages are as follows: Resale Product Applicable Percentage -------------- --------------------- Altiris Express [*]% Altiris Vision [*]% Altiris LabExpert [*]% PC Transplant Pro [*]% Upgrade Protection for Altiris eXpress [*]% Upgrade Protection for Altiris Vision [*]% Upgrade Protection for Altiris LabExpert [*]% Upgrade Protection for PC Transplant Pro [*]% *This provision is the subject of a Confidential Treatment Request. These prices are F.O.B. Altiris and do not include shipping and insurance costs. Such shipping and insurance costs shall be paid by Compaq or its designated agent.
Sample 1

Related to Resale Products

  • Eligible Products For the purpose of this Campaign, any MICHELIN passenger car, SUV, or Commercial Light Truck tyre models are individually referred to as “Eligible Product”.

  • Defective Products None of the Group Companies has manufactured, sold or supplied products which are, or were, in any material respect, faulty or defective, or which do not comply in any material respect with any representations or warranties expressly made by such Group Company, or with all applicable regulations, standards and requirements.

  • Discontinued Products If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Existing Products 1. Hardware - Title and ownership of Existing Hardware Product shall pass to Authorized User upon Acceptance.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Third Party Products 1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.

  • Company Products Section 2.7(c) of the Company Disclosure Letter sets forth a list (by name and version number) of all products, software or service offerings of the Company or any of its Subsidiaries (collectively, “Company Products”) that are currently being sold, distributed, provided or otherwise disposed of, or which the Company or any of its Subsidiaries currently supports or is obligated to support or maintain, or any products or services under development which the Company intends to make commercially available within 12 months of the date hereof.

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