APPLICABILITY OF THIS MASTER AGREEMENT Sample Clauses

APPLICABILITY OF THIS MASTER AGREEMENT. This Agreement governs: (a) your rights to access and use software licensed on a term or perpetual basis (“Software”); (b) your rights to access and use software made available under a software-as-a-service delivery model for a term (“SaaS Services”); (c) your rights to support and/or maintenance services which you purchase or are otherwise entitled to receive other than Student Support Services (“Support”); (d) any professional services (“Professional Services”); (e) any managed hosting services, cloud hosting services or other hosting services (“Hosting Services”); (f) any hardware and/or firmware (“Equipment”); and (g) any student support services (“Student Support Services”).
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APPLICABILITY OF THIS MASTER AGREEMENT. With respect to Products and Services you purchase, the terms of this Master Agreement govern: (a) your rights to access and use software licensed on a term or perpetual basis (“Software”); (b) your rights to access and use software made available under a software-as-a-service delivery model for a term (“SaaS Services”); (c) your rights to support and/or maintenance services which you purchase or are otherwise entitled to receive pursuant to the terms hereof (“Support”); (d) any professional services (“Professional Services”); (e) any managed hosting services, cloud hosting services or other hosting services (“Hosting Services”); (f) any hardware and/or firmware that you purchase (“Equipment”); and (g) any student support services (“Student Support Services”). The terms of this Master Agreement are divided into two parts, with the terms immediately below applying to all Products and Services, and the section further below entitled “Terms Applicable to Specific Products and Services” containing additional provisions applicable to only certain Products and Services listed therein.
APPLICABILITY OF THIS MASTER AGREEMENT. This Agreement governs your rights and obligations with respect to the use of one or more of the following to the extent listed in a quote or Order Form (collectively, the “Products and Services”): (a) your rights to access and use software licensed on a term basis (“Software”); (b) your rights to access and use software made available under a software-as-a-service delivery model for a term (“SaaS Services”); (c) your rights to support and/or maintenance services which you purchase or are otherwise entitled to receive (“Support”); (d) any professional services (“Professional Services”); (e) any cloud hosting services (“Hosting Services”); (f) any hardware and/or firmware (“Equipment”); and (g) your rights to access and use any application program interface (“API”). The particular Products and Services to which Customer is granted rights of use are those expressly specified in an applicable order.

Related to APPLICABILITY OF THIS MASTER AGREEMENT

  • Applicability of Agreement The Developer agrees that the Lands shall be developed and used only in accordance with and subject to the terms and conditions of this Agreement.

  • Termination of this Agreement (a) The Representative shall have the right to terminate this Agreement by giving notice to the Company as hereinafter specified at any time at or prior to the Closing Date or any Option Closing Date (as to the Option Shares to be purchased on such Option Closing Date only), if in the discretion of the Representative, (i) there has occurred any material adverse change in the securities markets or any event, act or occurrence that has materially disrupted, or in the opinion of the Representative, will in the future materially disrupt, the securities markets or there shall be such a material adverse change in general financial, political or economic conditions or the effect of international conditions on the financial markets in the United States is such as to make it, in the judgment of the Representative, inadvisable or impracticable to market the Shares or enforce contracts for the sale of the Shares (ii) trading in the Company’s Common Stock shall have been suspended by the Commission or Nasdaq or trading in securities generally on the Nasdaq Stock Market, the NYSE or the NYSE MKT shall have been suspended, (iii) minimum or maximum prices for trading shall have been fixed, or maximum ranges for prices for securities shall have been required, on the Nasdaq Stock Market, the NYSE or NYSE American, by such exchange or by order of the Commission or any other governmental authority having jurisdiction, (iv) a banking moratorium shall have been declared by federal or state authorities, (v) there shall have occurred any attack on, outbreak or escalation of hostilities or act of terrorism involving the United States any declaration by the United States of a national emergency or war, any substantial change or development involving a prospective substantial change in United States or other international political, financial or economic conditions or any other calamity or crisis, or (vi) the Company suffers any loss by strike, fire, flood, earthquake, accident or other calamity, whether or not covered by insurance, or (vii) in the judgment of the Representative, there has been, since the time of execution of this Agreement or since the respective dates as of which information is given in the Registration Statement, the Time of Sale Disclosure Package or the Final Prospectus, any material adverse change in the assets, properties, condition, financial or otherwise, or in the results of operations, business affairs or business prospects of the Company, whether or not arising in the ordinary course of business. Any such termination shall be without liability of any party to any other party except that the provisions of Section 5(a)(viii) and Section 7 hereof shall at all times be effective and shall survive such termination.

  • DURATION AND TERMINATION OF THIS AGREEMENT This Agreement shall remain in force until March 1, 1998, and continue in force from year to year thereafter, but only so long as such continuance is specifically approved at least annually (a) by the vote of a majority of the Trustees who are not parties to this Agreement or interested persons of any party to this Agreement, cast in person at a meeting called for the purpose of voting on such approval, and (b) by the Trustees of the Trust, or by the vote of a majority of the outstanding voting securities of the Fund. The aforesaid requirement that continuance of this Agreement be "specifically approved at least annually" shall be construed in a manner consistent with the 1940 Act and the rules and regulations thereunder and any applicable SEC exemptive order therefrom. This Agreement may be terminated with respect to the Fund at any time, without the payment of any penalty, by the vote of a majority of the outstanding voting securities of the Fund or by the Trust's Board of Trustees on 60 days' written notice to you, or by you on 60 days' written notice to the Trust. This Agreement shall terminate automatically in the event of its assignment. This Agreement may be terminated with respect to the Fund at any time without the payment of any penalty by the Board of Trustees or by vote of a majority of the outstanding voting securities of the Fund in the event that it shall have been established by a court of competent jurisdiction that you or any of your officers or directors has taken any action which results in a breach of your covenants set forth herein.

  • EFFECT OF THIS AGREEMENT Subject to the Corporation’s right to terminate the Option pursuant to Section 7.4 of the Plan, this Option Agreement shall be assumed by, be binding upon and inure to the benefit of any successor or successors to the Corporation.

  • Applicability of Terms A check or similar mark in a box means that such provision is applicable. The abbreviation 48 “N/A” or the word “Deleted” means not applicable. The abbreviation “MEC” (mutual execution of this contract) means the date upon 49 which both parties have signed this Buyer Listing Contract.

  • STABILITY OF AGREEMENT Section 1 No amendment, alteration or variation of the terms or provisions of this Agreement shall bind the parties hereto unless made and executed in writing.

  • Duration of this Agreement The Term of this Agreement shall be as specified in Schedule A hereto.

  • Modification of this Agreement This Agreement may not be modified, nor may compliance with any of its terms be waived, except as noted in Section 11.1, “Notices to Parties,” regarding change in personnel or place, and except by written instrument executed and approved in the same manner as this Agreement. Contractor shall cooperate with Department to submit to the Director of CMD any amendment, modification, supplement or change order that would result in a cumulative increase of the original amount of this Agreement by more than 20% (CMD Contract Modification Form).

  • Applicability of Arbitration Agreement You agree that any dispute or claim relating in any way to your access or use of the Covered Products, or to any aspect of your relationship with Enphase, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Enphase may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

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