Changes to End User Agreement. The Parties may agree in writing to amend an End User Agreement in a measured way to fairly address prospective End User concerns therewith while still reasonably protecting Xenogen’s rights and limiting Xenogen’s liability vis-a-vis such prospective End Users. Alternatively, the Parties may agree in writing, on a case-by-case basis, to amend the End User Agreement for a particularly important prospective Local Customer to complete that particular sale. Any of the foregoing End User Agreement changes shall first be agreed to in writing between the Parties before submitting such End User Agreement for execution.
Changes to End User Agreement. This End User Agreement may be updated at any time by providing an updated copy of the End User Agreement to End User, which delivery may be by email or through the Web Site. Continued access to and use of the Product and Web Site shall be subject to End User’s agreement to any such updated End User Agreement. If End User does not agree to the updated End User Agreement, End User shall notify Reseller and shall not access or use the Product or Web Site further. For clarity, while updated End User Agreement may be posted on the Web Site, any indication of agreement by the End User on the Web Site to such End User Agreement shall form a contract between End User and Reseller or DGOFFICE only, whichever is applicable. In case of a contract between End user and Reseller, no contractual relationship shall be formed between DGOFFICE and End User, whether or not the terms and conditions purport to be an agreement with DGOFFICE.
