BNW definition

BNW. “we,” “us” or “our”) and you, as the party who accepts this ▇▇▇▇ (“Licensee,” or “you”). If you are an individual who is accepting this Agreement on behalf of a Commercial Licensee, then the terms “Licensee” or “you” shall also apply to and expressly include such Commercial Licensee. This Agreement shall be effective on the date on which you tender your acceptance to it and/or otherwise the first time that you download, install, access, or use the Software (the “Effective Date”). Throughout this Agreement, you and BNW may each be referred to as a “Party” or collectively, as the “Parties.”
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Examples of BNW in a sentence

  • The current and present version of this Agreement, together with the current and present version of any relevant Documentation for the Licensee’s Licensed Software as may be applicable, constitutes the sole and entire agreement between Licensee and BNW with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

  • Licensee shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, whether voluntarily, involuntarily, by operation of law or otherwise, without BNW’s prior written consent, which consent the BNW may grant or withhold in its sole discretion.

  • BNW expressly reserves and shall retain its entire right, title, and interest in and to the Software, all Intellectual Property Rights arising out of or relating thereto, and all improvements and derivative works thereof.

  • If such Software does not perform as warrantied in this Section 11(b), BNW will, in BNW’s sole discretion, (i) use commercially reasonable efforts consistent with industry standards to remedy such defect within a reasonable period of time; or (ii) require Licensee to return such Software and refund to Licensee any amounts paid by Licensee for the returned Software under this Agreement, provided that Licensee notifies BNW in writing of such defect before the expiration of the Warranty Period.

  • Licensee acknowledges that BNW collects (and may involve Third Parties in) identifying information of each active Software License (including the license number, licensee to whom the license was issued, and installation number), which is transmitted directly to BNW’s servers.

  • In addition to damages and any other remedies to which BNW may be entitled, both Parties acknowledge and agree that BNW will be entitled to injunctive relief against Licensee for the purpose of preventing the actual, threatened or continued breach of this Agreement.

  • BNW may develop and provide Updates in its sole discretion, and Licensee agrees that BNW has no obligation to develop any Updates at all or for particular issues, and BNW expressly disclaims any liability for not doing so.

  • All notices, requests, consents, claims, demands, waivers and other communications to Licensee shall be provided to the email address and/or physical address that BNW has on file for Licensee, whether received from Licensee or otherwise, and shall be deemed to have been given immediately upon issuance thereof by BNW.

  • WITHOUT LIMITATION TO THE FOREGOING, BNW PROVIDES NO WARRANTY AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE WITH OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE – OR, THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

  • BNW expressly disclaims any and all liability for any Software unavailability, downtime, or other failure to function caused by Force Majeure.