Shrink-wrap Clause Samples

Shrink-wrap. No provisions of any shrink-wrap or any click-through agreement that is provided in conjunction with the Services accessed under this ▇▇▇▇ shall apply in place of, or serve to modify any provision of this ▇▇▇▇, even if End User or its authorized officer affirmatively accepts such shrink-wrap or click-through provisions. For the avoidance of doubt and without limiting the foregoing, in the event of a conflict between any such shrink-wrap or click-through provisions (irrespective of the products or services that such provisions attach to) and any term or condition of this ▇▇▇▇, then the relevant term or condition of this ▇▇▇▇ shall govern and supersede the purchase of such Services to the extent of any such conflict. All acceptance of agreements and renewals shall be executed in writing. a. Affiliate: is any entity that, with respect to a Party to this Agreement, controls, is controlled by, or is under common control with such Party, either directly or indirectly, by share ownership, contract or otherwise. For purposes of this definition, the term “control” and correlative terms mean ownership, directly or through one or more Affiliates, of fifty percent (50%) or more of the shares of stock entitled to vote for the election of directors, in the case of a corporation, or fifty percent (50%) or more of the equity interests in the case of any other type of legal entity, or status as a general partner in any partnership, or any other arrangement whereby a Party controls or the power to direct or cause the direction of the management and policies of an entity