Subject Products and Services definition

Subject Products and Services means (i) fitment and physical attribute data, and related database, pertaining to aftermarket parts, garments and accessories for the powersports market in which Company is engaged immediately prior to the Closing Date, and (ii) the X-ActFit product, which was previously released to the powersports market and which is currently in the development stage for a new version release.
Sample 1
Subject Products and Services means the business of providing any of the following services and/or products by the Business and/or Buyer, as applicable, to AutoNation, Vroom, and Carvana, and no other Person, during the First Earn-Out Period and/or the Second Earn-Out Period, as applicable: (1) Craigslist posting tools; (2) eBay listing software; (3) set up fees; (4) call tracking solutions; (5) inventory data import and processing; and (6) any other software as a service offering of similar margin to the services and/or products set forth in the foregoing sub-sections (1) through (5) of this Section 2.6(c)(xi). Notwithstanding any provision contained herein to the contrary, the term “Subject Products and Services” shall not include any Pass Through Revenue or any revenues generated or made by the Business, Buyer or any of its Affiliates after the Closing from the sale of any products and/or services that are offered by Buyer or any of its Affiliates, or contained in any of Buyer’s or any of its Affiliates’ product and/or service lines, as of the Closing Date. For the avoidance of doubt, none of the products or services that the Business and/or the Company provides to AutoNation, Vroom and/or Carvana as of the Closing Date shall be deemed to be products or services offered by Buyer or any of its Affiliates, or contained in any of Buyer’s or any of its Affiliates’ product and/or service lines, as of the Closing Date.
Sample 1
Subject Products and Services has the meaning set forth in Section 2.6(c)(xi).
Sample 1

Examples of Subject Products and Services in a sentence

  • Notwithstanding the foregoing, nothing contained in this Section 4.19(e) shall be construed to be a representation or warranty by Company and Shareholders that the Company’s Tools and the Subject Products and Services will perform “error free”.


More Definitions of Subject Products and Services

Subject Products and Services means the business of: (a) designing, building and maintaining websites in the tire and wheel industry or for customers who were already customers of Company prior to the Effective Time regardless of whether such customers are in the tire and wheel industry; (b) offering web-based sales and marketing solutions in the tire and wheel industry or for customers who were already customers of Company prior to the Effective Time regardless of whether such customers are in the tire and wheel industry; (c) researching, designing, publishing, marketing, selling and supporting fitment and physical attribute data pertaining to wheels and tires and to dealer and franchise networks in the tire and wheel industry; and (d) developing enterprise software and enterprise resource planning (ERP) and point of sale software solutions in the tire and wheel industry. Such term shall include, without limitation, all operations carried on by Company, or related to products or services associated by trade name or otherwise with Company, including the entirety of the Tire Company Solutions and TCS Technologies operations that are related to the Business prior to the date hereof. Further, such term shall also include the following businesses which Xxxxx and Xxxxx intend to pursue on behalf of Buyer after the Closing Date notwithstanding that such businesses may not have been carried on by Company prior to the Closing Date (i) new business opportunities pursued by Buyer after the Closing Date and which are based on or arise out of, directly or indirectly, any Trade Rights of Company or any of its pre-Closing Affiliates and (ii) any other business opportunity pursued by Buyer in the tire and/or wheel aftermarket after the Closing Date.
Sample 1

Related to Subject Products and Services

  • Products and Services means the products and/or services to be sold by Vendor hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers.

  • Licensed Services means all functions performed by the Licensed System.

  • Products means information resources technologies that are, or are related to, EIR.

  • the Products means all products and associated documentation to be supplied under this Contract;

  • New Products means any product which is not an Enhanced Product or Existing Product but which is substantially similar to an of this Agreement, "New Product" or "New Products" shall mean any product which is not an Enhanced Product or 2 Existing Product but which is substantially similar to an Existing Product with respect to design and function and possesses reasonable performance improvements. If Company desires to purchase an Enhanced or New Product(s) from Supplier, Company shall so notify Supplier and provide Supplier the opportunity to manufacture such Enhanced or New Product(s), subject to the following conditions and procedures.

  • Red Hat Products means Software, Services, Subscriptions and other Red Hat branded offerings made available by Red Hat.

  • Hemp products means all products made from industrial hemp,

  • Product means any deliverable under the Contract, which may include commodities, services, technology or software.

  • Tobacco products means cigars, cigarettes, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, moist snuff, cavendish, ping and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking.

  • Licensed Products means tangible materials which, in the course of manufacture, use, sale, or importation, would be within the scope of one or more claims of the Licensed Patent Rights that have not been held unpatentable, invalid or unenforceable by an unappealed or unappealable judgment of a court of competent jurisdiction.

  • Cannabis products means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

  • Finished Products means the fully assembled and shrink-wrapped Licensed Products, each including a Game Cartridge, Game Cartridge label and Printed Materials.

  • Existing Products Tangible Products and intangible licensed Products which exist prior to the commencement of work under the Contract. Contractor retains the burden of proving that a particular product was existing before commencement of the Project. .

  • medicinal product means any substance or combination of substances presented for treating or preventing disease in human beings or animals and any substance or combination of substances which may be administered to human beings or animals with a view to making a medical diagnosis or to restoring, correcting or modifying physiological functions in humans or in animals;

  • Third Party Products means the Third Party Software and Third Party Hardware.

  • Software Products and “Software” are interchangeable and mean software, computer source codes and other computer programs.

  • Competing Products means any product or service in existence or under development that competes with any product or service of the Company Group about which the Participant obtained Confidential Information or for which the Participant provided advisory services or had sales, origination, marketing, production, distribution, research or development responsibilities in the last twenty-four (24) months of employment with the Company Group.

  • Tobacco product means any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, blunts, clove cigarettes, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body by inhalation; but does not include any cessation product specifically approved by the U.S. Food and Drug Administration for use in treating nicotine or tobacco dependence.

  • Manufacturing Services means the manufacturing, quality control, quality assurance, stability testing, packaging, and related services, set forth in this Agreement, required to manufacture Product or Products from Active Materials and Components;

  • Additional Products means products, services and applications that are not part of the Services but that may be accessible, via the Admin Console or otherwise, for use with the Services.

  • Business Products means all products and service offerings of the Business that are or have been, in the two year period prior to the date hereof, made or are currently intended to be made commercially available or otherwise provided or distributed, or under development primarily for the Business, by, for or on behalf of Seller or any of its Affiliates.