Commercial Products. If any Collaboration Work Product has been successfully commercialized pursuant to Section 3.7., the parties shall share Gross Revenues attributable to that Collaboration Work Product as set forth in Section 4.2.
Commercial Products. Solutions Provider shall obtain Commercial products for resale to End Users only from those Master Distributors identified by VERITAS as “Distributors” authorized to distribute Commercial products. The list of authorized Commercial products Distributors is available on VERITAS’ website, as updated from time to time.
Commercial Products. Microsoft may make commercial products available to Customer to use with Customer’s Government Community Cloud Services. Such Products will be provisioned in the public commercial cloud and all security controls and data commitments related to these services are described in the Use Rights.
Commercial Products. Does not include Facelift or EZ2 Trinity Furniture warrants all products for ten (10) years against manufacturing and factory defects, excluding covering materials, under single shift service for the original purchaser. During this period Trinity Furniture, at our option, will replace, repair, or return the purchase price of any merchandise that, upon our inspection, is deemed to be defective. This constitutes the sole and exclusive remedy to the customer. Damages resulting from freight, claimed or unclaimed, from accident, alteration, tampering, misuse, negligence or abuse voids the warranty. In the event any product has to be returned to the factory for verification of a complaint, it must be shipped prepaid and include written information containing the name of the original purchaser, original invoice number, and a copy of the original purchase order must be provided. Because of natural variations on materials over which Trinity Furniture has no control, this warranty does not extend to color, grain or texture of wood, leather or upholstery cover. This warranty is applicable only to those parts actually manufactured by Trinity Furniture Incorporated. For purchased parts, we will apply exactly the same warranty that is extended to us by our suppliers. Trinity Furniture shall not be liable for consequential or incidental damages arising from any product defects.
Commercial Products. Subject to the provisions of Section 8.5.2.3, the transfer price of the Aject (alone or as part of the AngioSense Product) supplied to AngioSense hereunder is estimated as set forth in Exhibit E (the "Estimated Transfer Price") based on Bioject's representation of the current configuration of the Iject. The actual transfer price for the Aject (alone or as part of the AngioSense Product) shall be determined by the Joint Development Committee in the context of the Aject Development Budget and the AngioSense Product Development Budget, respectively, shall take into account estimated sales volumes, the cost of goods, and the anticipated average selling price of the Aject (alone or as part of the AngioSense Product) (the "Actual Transfer Price"); provided however, the parties contemplate that such Actual Transfer Price shall provide Bioject with a reasonable profit margin, and considered to be *** to Bioject from the transfer price in Exhibit E of this agreement. Notwithstanding the foregoing, once the Actual Transfer Price is established, such Actual Transfer Price shall be subject to an annual increase not to exceed the greater of *** percent (***%) or the increase in the *** for the immediately preceding year. Bioject will give AngioSense thirty (30) days' prior written notice of such increase. With respect to amounts due to Bioject for units of the Aject supplied to AngioSense under this Section 9.1.1, AngioSense shall pay Bioject within thirty (30) days of invoice or date of shipment of the Aject, whichever is later.
Commercial Products. The terms, limitations, and exclusions for the limited warranty for each commercial product provided under this Agreement are available at xxxx://xxxxxxxxxx.xxx/resources/warranty. THE FOREGOING WARRANTY PROVISIONS ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY AGAINST INFRINGEMENT AND ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. Seller reserves the right to modify its limited warranties at any time in its sole discretion, provided that any modification to any limited warranty shall be effective only for products or services purchased after the date of the change to the limited warranty. These limited warranties may not be transferred by Buyer except by an authorized distributor (as expressly permitted in Section 22 below) or in connection with the sale of the installation site in which the Product was originally installed.
Commercial Products. Customer shall limit its use of the Services to Internal or Non-Commercial Use unless Customer is developing a Commercial Product pursuant to a Commercial Product License issued by Climate Engine. Climate Engine reserves the right to determine if Customer’s use of the Services qualifies as a Commercial Use that requires a separate Commercial Product License and license fee. All Commercial Products are subject to the following requirements:
Commercial Products. For all other government customers, use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in subparagraph (b)(2) of Commercial Computer Software License 48 CFR 52.227-19, as applicable. Customer agrees that the Uniform Computer Information Transaction Act or any version thereof, adopted by any state, in any form ("UCITA"), shall not apply to this Agreement. To the extent that UCITA is applicable, the parties agree to opt out of the applicability of UCITA pursuant to the opt-out provision(s) contained therein.
Commercial Products. Customer shall limit its use of the Services to Internal or Non-Commercial Use unless Customer is developing a Commercial Product pursuant to a Commercial Product License issued by CARTO. For the purposes of clarity, Customers using the Services on a pay-as-you-go (PAYG) basis must limit use of the Services to Internal or Non-Commercial Use only. CARTO reserves the right to determine if Customer’s use of the Services qualifies as a Commercial Use that requires a separate Commercial Product License and license fee. All Commercial Products are subject to the following requirements:
Commercial Products. (a) Notwithstanding any other provision of this Agreement to the contrary, sales of Commercial Products and the performance by Sigma of its rights under Section 2.1(c) shall be subject to the provisions of Sections 7.10 through this Section 7.22 (as such Sections are amended hereby) and shall not be subject to the provisions of Sections 7.1 through 7.9.
