Resale Products Sample Clauses

Resale Products. The "Resale Products" are the full commercial versions of the following Altiris products:
Sample 1Sample 2Sample 3
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Resale Products. Resale products are goods (that are sold with Seller’s goods) which are not manufactured by Seller and which are supplied as an accommodation to Buyer. Seller’s responsibility for resale products is limited to reasonable commercial effort to arrange for procurement and shipping. Unless otherwise agreed, all prices are F.C.A. resale product manufacturer’s factory. Standard documentation shall be only as supplied by the resale product manufacturer. SELLER MAKES NO WARRANTY FOR RESALE PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOLE WARRANTY SHALL BE THAT OF THE RESALE PRODUCT MANUFACTURER. Buyer agrees that Seller has no liability for resale products beyond the services within Seller’s direct control necessary to reasonably discharge the above stated responsibility and that Seller shall not be liable for delays caused by resale product manufacturer. Buyer further agrees that Buyer’s SOLE AND EXCLUSIVE REMEDY for Seller’s breach of the stated responsibility shall be limited to the difference between the resale product manufacturer’s price to Seller and Seller’s price to Buyer for resale products in such breach.
Sample 1
Resale Products. Ivanti may resell licenses to certain third party software or services. The purchase, sale and /or use of such third party software or services as identified below ("Resale Products") may be subject to separate agreements with the applicable third party suppliers as set forth below ("Third Party Resale Terms"). If Customer purchases any Resale Products, Customer acknowledges and agrees that it is bound by the Third Party Resale Terms below. Except as otherwise expressly set forth in the Agreement, the Agreement shall not apply to the Resale Products and Customer acknowledges and agrees that Ivanti disclaims all warranties, indemnities, obligations, and other liabilities in connection with any Resale Product.
Sample 1
Resale Products. The prices paid by Compaq or its designated agent to Altiris for each Resale Product shall be the applicable percentage of Altiris' then-current published retail price for the Resale Product. The applicable percentages are as follows: Resale Product Applicable Percentage -------------- --------------------- Altiris Express [*]% Altiris Vision [*]% Altiris LabExpert [*]% PC Transplant Pro [*]% Upgrade Protection for Altiris eXpress [*]% Upgrade Protection for Altiris Vision [*]% Upgrade Protection for Altiris LabExpert [*]% Upgrade Protection for PC Transplant Pro [*]% *This provision is the subject of a Confidential Treatment Request. These prices are F.O.B. Altiris and do not include shipping and insurance costs. Such shipping and insurance costs shall be paid by Compaq or its designated agent.
Sample 1
Resale Products. (a) With respect to Resale Products described and marketed on Seller’s website at xxx.xxxxxxxxxxx.xxx, the terms and conditions of this Agreement shall apply. However, with respect to Artec Resale Products, Artec’s then- current Terms and Conditions of Sale (“Artec Terms”) available on Seller’s website shall also apply as between Artec and Buyer as if Buyer had purchased the Artec Resale Products directly from Artec. As between Buyer and Artec, and notwithstanding anything in this Agreement to the contrary, such Artec Terms shall control in the event of any conflict with any other terms of this Agreement.
Sample 1

Related to Resale Products

  • 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.

  • 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.

  • 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.

  • Sales Literature Any supplemental sales literature or advertisement (including, without limitation any “broker-dealer use only” material), regardless of how labeled or described, used in addition to the Prospectus in connection with the Offering which previously has been, or hereafter is, furnished or approved by the Company (collectively, “Approved Sales Literature”), shall, to the extent required, be filed with and approved by the appropriate securities agencies and bodies, provided that the Dealer Manager will make all FINRA filings, to the extent required. Any and all Approved Sales Literature did not or will not at the time provided for use include any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.

  • 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.

  • Additional Products Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.

  • Marketing Materials (a) During the term of this Agreement, the Sub-Adviser agrees to furnish the Manager at its principal office for prior review and approval by the Manager all written and/or printed materials, including but not limited to, PowerPointÒ or slide presentations, news releases, advertisements, brochures, fact sheets and other promotional, informational or marketing materials (the “Marketing Materials”) for internal use or public dissemination, that are produced or are for use or reference by the Sub-Adviser, its affiliates or other designees, broker-dealers or the public in connection with the Series, and Sub-Adviser shall not use any such materials if the Manager reasonably objects in writing within five business days (or such other period as may be mutually agreed) after receipt thereof. Marketing Materials may be furnished to the Manager by first class or overnight mail, facsimile transmission equipment, electronic delivery or hand delivery.

  • SALES MATERIALS 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven (7) Business Days after receipt of such material.

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