Products Included Sample Clauses

Products Included. This Agreement covers the products listed in Attachment B. Rosetta Stone reserves the right to add to, delete, or change the products offered through this Agreement at its sole discretion. Product additions, deletions will be announced by written notification approximately 30 days prior to implementation of such change. The Products shall be available as an online subscription under an annual license. Nothing in this Agreement shall be interpreted as requiring Rosetta Stone to modify its existing, off-the-shelf Product to comply with any rule or requirement of WLS or any entity purchasing under this Agreement. Rosetta Stone may provide certain alterations, modifications, upgrades or other changes (“Upgrades”) to the Product licensed under this Agreement that Rosetta Stone determines to make generally available to user of such Product at no additional charge. Upgrades will exclude any new releases or new versions of the Product, and Rosetta Stone will have no obligation to make any such new releases or new versions available to the WLS under this Agreement. All Upgrades, upon delivery, will automatically become part of the applicable Product, subject to the terms of the applicable Rosetta Stone Order Form, this Agreement, and the Rosetta Stone License Agreement. If, during the term of the Agreement, Rosetta Stone offers a new release or new version of the Product listed in this Agreement, or if Rosetta Stone no longer offers the version of the Product listed in this Agreement for any reason, Rosetta Stone may, at its option, identify a substitute offerings, notify the WLS that such new offering shall be made available under this Agreement, and submit a revised Product description to update the offering and associated prices. Upon approval by the WLS, such new offering and prices shall apply only to prospective purchase orders. If the WLS disapproves such new substitute offering or the prices, the parties will negotiate in good faith for a mutually agreeable resolution. If no agreement can be reached, either party shall have the right to terminate the Agreement and any undelivered purchase order upon written notice to the other party, with no liability or penalty.
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Products Included. The provisions and conditions of this Schedule shall apply only to products specifically identified in this Schedule as permitted by law.
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Products Included. ‌ The Products are specified in Appendix 1 by product name (trade name) and product number. The Framework Agreement only covers other product numbers in accordance with the provisions of clause 24. The name (trade name) of the Products shall remain the same for the duration of the Period of Agreement, unless Amgros consents to a change.
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Products Included. Contractor shall supply a full line catalog of Laboratory Equipment and Supplies, per the State of Idaho Master Agreement.
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Products Included. The GIS Data distributed through the GIS Service are in the North American (horizontal) Datum 1983 (NAD83), Iowa South Zone, State Plane 1983 Coordinate System.
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Products Included. The GIS Data distributed by the CITY is in the North American (horizontal) Datum 1983 (NAD83), Iowa South Zone, South Plane 1983 Coordinate System. The GIS Data is distributed as ArcGIS shapefiles or geodatabases, Microsoft Access databases, MicroStation DGN files, and other standard GIS data formats. All data to be distributed pursuant to this Agreement shall be distributed via email, internet, File Transfer Protocol (FTP), CD, DVD, or other digital media. A specific description of the GIS Data content and format follows:
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Products Included. The GIS Data distributed by West Des Moines are in the North American (horizontal) Datum 1983 (NAD83), Iowa South Zone, State Plane 1983 Coordinate System. The GIS Data are distributed as ArcView shapefiles or geodatabases, Microsoft Access databases, MicroStation DGN files, portable document format (PDF) files, ArcMap map documents (MXD), published map files (PMF), or similar formats. All data to be distributed pursuant to this agreement shall be distributed on the FTP site.
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Products Included. The ML Products will initially include individual life insurance, retail mutual funds, defined contribution plans, trust services, as set forth in Exhibit F to this Agreement. Minnesota Life may add to Exhibit F new or additional products and services developed by Minnesota Life or its Affiliates that are appropriate for distribution through the WMD. Minnesota Life will add individual annuities (both immediate and deferred) to Exhibit F in 2003.
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Related to Products Included

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • Company Products Section 2.7(c) of the Company Disclosure Letter sets forth a list (by name and version number) of all products, software or service offerings of the Company or any of its Subsidiaries (collectively, “Company Products”) that are currently being sold, distributed, provided or otherwise disposed of, or which the Company or any of its Subsidiaries currently supports or is obligated to support or maintain, or any products or services under development which the Company intends to make commercially available within 12 months of the date hereof.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Products and Services General Information The Vendor Agreement (“Agreement”) made and entered into by and between The Interlocal Purchasing System (hereinafter “TIPS”) a government cooperative purchasing program authorized by the Region 8 Education Service Center, having its principal place of business at 0000 XX Xxx 000 Xxxxx, Xxxxxxxxx, Xxxxx 00000 and the TIPS Vendor. This Agreement consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth shall control unless otherwise agreed by the parties in writing and by signature and date on the attachment. A Purchase Order (“PO”), Agreement or Contract is the TIPS Member’s approval providing the authority to proceed with the negotiated delivery order under the Agreement. Special terms and conditions as agreed between the Vendor and TIPS Member should be added as addendums to the Purchase Order, Agreement or Contract. Items such as certificate of insurance, bonding requirements, small or disadvantaged business goals are some, but not all, of the possible addendums.

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • Defective Products None of the Group Companies has manufactured, sold or supplied products which are, or were, in any material respect, faulty or defective, or which do not comply in any material respect with any representations or warranties expressly made by such Group Company, or with all applicable regulations, standards and requirements.

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

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