Software Agreements. Effective as of December 5, 2002 for the DMSS5100 Agreement and November 26, 2003 for the DMSS5010 Agreement, all references to the term “CDMA Modem Card” in the DMSS5100 Agreement and DMSS5010 Agreement shall be deemed deleted and replaced with the term Subscriber Unit (as defined in this Amendment).
Software Agreements. A. Shrink/Click-wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall supersede and govern the license terms between Customers and Vendor. Regarding license terms provided by a software publisher via Shrink/Click-wrap, it is the Customer’s responsibility to read the Shrink/Click-wrap License Agreement and determine if the Customer accepts the license terms as amended by this Contract. If the Customer does not agree with the license terms, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language from the software publis her.
Software Agreements. Partner is responsible for securing, and may only distribute the Product and maintenance and support thereof to Customers subject to the Software License Agreement and Maintenance Agreement. Partners may not modify or amend the terms and conditions of the Software Agreements with regard to TimeXtender Product without the written approval of TimeXtender. Partner shall assume full responsibility towards Customer for any deviation from Marketing Materials, Software License Agreement and other documents provided by TimeXtender and shall indemnify TimeXtender from any claim by Customer based on such according to section 7e. Sales Summary Document. Partner shall provide all appropriate information required by TimeXtender in addition to completed Software Agreements for purposes of appropriate revenue booking and shipping of product to Customer and/or partners. Pricing. Partner may establish the prices and discounts at which Partner offers the Product to Customers within the Territory. TimeXtender will provide Partner with TimeXtender Product Pricing Sheets in effect from time to time containing TimeXtender’s suggested prices for the Product and Maintenance services. The recommended prices will not affect Partner’s right to establish Partner’s own list prices, discounts or the prices that Partner actually charges any Customer, excluding Maintenance.
Software Agreements. For your convenience, Vidigami may make third-party software available to you through or in connection with the Vidigami Services. All such software is owned or licensed by third parties, and your downloading and use of the software is subject to the applicable End User License and applicable
Software Agreements. Partner will ensure that all Customers have agreed to the Software License Agreement and, if applicable, the Software Assurance Agreement for any Product that is distributed to such Customer. Partner may not modify or amend the terms and conditions of the Software Agreements without the express prior written approval of TimeXtender. Partner will assume full responsibility for any Customer complaint or other costs resulting from any statement or promise made by Partner to Customer that is inconsistent with the Marketing Materials, Documentation, Software Agreements. Partner will indemnify, defend and hold harmless TimeXtender for any claims, damages or costs arising out of Partner’s failure to comply with this Section and any statements made by Partner to Customer that are inconsistent with the materials listed in the previous sentence. Sales Summary Document. For each Customer purchase, Partner shall provide to TimeXtender: (i) duly executed Software License Agreements and, if applicable, Software Assurance Agreements; and (ii) all other information as required by TimeXtender to enable TimeXtender to appropriately account for revenue and ship Products to Customer and/or Partner. All such documentation as required by TimeXtender may be updated by TimeXtender from time to time and made available on the Website. Pricing. Partner establishes the prices and discounts at which Partner offers the Product to Customers. TimeXtender will provide Partner with TimeXtender Product Pricing Sheets in effect from time to time containing TimeXtender’s suggested prices for the Product and Maintenance and Support services. The recommended prices will not affect Partner’s right to establish Partner’s own list prices, discounts or the prices that Partner actually charges any Customer, excluding Maintenance and Support. Product Integrity. Partner may not modify, improve, or otherwise alter the Product, labels or packaging of the Product, unless prior written consent is obtained from TimeXtender. Partner will not disassemble, reverse compile or otherwise attempt to reverse engineer any TimeXtender Products or any other products proprietary to TimeXtender. Partner agrees to take appropriate action by instruction or agreement with its employees and consultants to protect the TimeXtender Products from unauthorized use and disclosure. These obligations survive termination of this Agreement. In the event of breach of these obligations, TimeXtender will be entitled to seek an injuncti...
Software Agreements. As additional security for the payment of the Liabilities, Borrower shall execute and deliver an assignment of all of the Software Agreements (the "Software Assignment"), in form and manner satisfactory to Lender.
Software Agreements. Synopsys represents and warrants that:
Software Agreements. In the event Distributor has intentionally and ------------------- willfully breached Davox's intellectual property rights, Distributor will, at Davox's request, assign or perfect the assignment to Davox or its designee of all Software Agreements executed with customers and notify these customers of such assignment.
Software Agreements y. Internet Services Agreement between Favorite Brands International, Inc. and KSI-Net56 dated December 17, 1997.
Software Agreements. Distributor will, at USC's request, assign or perfect the assignment to USC or its designee of all Software Agreements executed with customers and notify these customers of such assignment.
