Common use of General Clause in Contracts

General. 1.1 In these Terms and Conditions: The Buyer means the person, firm, company or other organization who or which has ordered Products and/or Services from REACTIVE-ROBOTICS; The Contract means the contract for the sale and purchase of Products and/or Services between REACTIVE-ROBOTICS and the Buyer as may be further evidenced by REACTIVE- ROBOTICS's final written offer, quotation or order acknowledgement and no prior proposals, statements, representations or conditions will be binding on either party; The Equipment means all electronic equipment, hardware and other electronic or mechanical items agreed to be supplied by REACTIVE-ROBOTICS, excluding any consumables and spare parts sold separately; The Goods means all items agreed to be supplied by REACTIVE- ROBOTICS other than the Equipment and Software; The Products means any Goods, Equipment or Software agreed to be supplied by REACTIVE-ROBOTICS; and The Services means all advice given, all trainings and any other services performed by REACTIVE-ROBOTICS; and The Software means any firmware, software or data compilations (i) identified in the Contract or (ii) provided to Buyer by REACTIVE-ROBOTICS in connection with installation or operation of the Equipment. For the avoidance of doubt, Software shall not include any "open source" firmware, software or data compilations. as any such "open source" firmware, software or data compilations will be subject to the terms and conditions set out in the relevant "open source" license. 1.2 These Terms and Conditions shall be incorporated into the Contract and shall apply to the exclusion of any conditions of the Buyer. These Terms and Conditions may not be varied or waived except with the express written agreement of REACTIVE-ROBOTICS. The failure of REACTIVE-ROBOTICS to enforce its rights under the Contract at any time, for any period of time, shall not be construed as a waiver of any such rights.