Product Offering definition

Product Offering means the Moogsoft products identified in an order form, purchase order, or online order accepted by Moogsoft referencing this Agreement.
Sample 1Sample 2
Product Offering means the online, web-based applications and platform provided by ClearCare at xxxx://xxx.xxxxxxxxxxxxxxx.xxx (and/or other designated websites as described in the User Guide or another URL as specified by ClearCare from time to time) as further described on the Order Form, but excluding Third Party Applications.
Sample 1Sample 2
Product Offering will include an Evaluation Service in all provisions that are not in conflict with the provisions of this Section 1.6. If you have already joined a separate beta program, then the terms of that program will apply.
Sample 1

Examples of Product Offering in a sentence

  • If the End User is found to be using the Product Offering in excess of that specified in the applicable Order Form, the End User shall pay Moogsoft’s costs for conducting the audit and any additional fees that are found to be due as a result of such audit.

  • End User acknowledges that the rights granted under this Agreement do not provide End User with title to or ownership of the Product Offering.

  • Moogsoft may implement updates to its Intellectual Property Rights at any time including in the course of or as a result of providing the Product Offering, Support and Maintenance and Professional Services to End User (including the demonstration of Product Offering to the End User).

  • Moogsoft has the right to immediately revoke and terminate End User’s right to use the Product Offering for Evaluation Use at any time.

  • Moogsoft shall have the right to downgrade, limit or otherwise modify the Product Offering provided for Evaluation Use at any time without notice, and no warranty, indemnity, Maintenance or Support obligations of Moogsoft will apply to Evaluation Use.

  • To the extent that End User invents or develops any intellectual property in connection with using, testing or evaluating the Product Offering, those Intellectual Property Rights shall be owned by (and End User hereby assigns such rights to) Moogsoft.

  • End User may use the Product Offering solely for the internal purpose of evaluating and testing the Product Offering for suitability with the End User’s application and shall not make available the Product Offering to any third party other than in accordance with this Agreement.

  • If End User’s usage of the Product Offering is in excess of those amounts set forth in the Order Form, End User will be billed for those overages at a pro-rated amount for the remainder of the Term, based on Moogsoft’s then-current standard pricing.

  • End User shall provide Moogsoft with prompt, written notice certifying that the Product Offering has been removed, returned and / or destroyed and Moogsoft may choose to verify this fact at its sole discretion.

  • Moogsoft and its suppliers own and shall retain all proprietary rights, including all copyright, patent, trade secret, trademark and all other intellectual property rights, in and to the Product Offering, any error corrections, bug fixes, new releases, updates, product extensions and enhancements, and the results of any Professional Services (“Intellectual Property Rights”).


More Definitions of Product Offering

Product Offering means the HiveIO product specified in your Order, including all features and functionality of that offering, used to store or manage Content.
Sample 1
Product Offering means the Moogsoft product offering identified in an order form, purchase order, or online order entered through Moogsoft’s online order portal (“Order Portal”) accepted by Moogsoft referencing this Agreement (an “Order Form”), consisting of either (a) the on-premise version of the Moogsoft application intelligence software product (the “Software Product”); or (b) the hosted, software-as-a-service version of the Moogsoft application intelligence software product (the “SaaS Product”). Subject to the terms and conditions of this Agreement, Moogsoft hereby grants to End User, during the License Term (as defined below), (i) a non-exclusive, non- transferable, non-sublicensable right and license to access, use, perform and digitally display the SaaS Product (if the Product Offering consists of the SaaS Product), (ii) to install, use, execute and display the Software Product (if the Product Offering consists of the Software Product), as designated in the Order Form, and (iii) to use the Product Offering prescribed by the Moogsoft documentation located at xxxx://xxxx.xxxxxxxx.xxx (as it may be updated from time to time, the “Documentation”) for internal business purposes only. The Product Offering may be used on no more than the number of Managed Devices specified in the Order Form (or, in the case of Evaluation Use, as indicated in Section 1.3). A “Managed Device” is any monitored component capable of producing a unique stream of telemetry messages and creating its own discrete event or log message feed such as servers, applications, network devices, routers and databases. For purposes hereof, and except as provided for under Section 1.3, the “License Term” begins on the date Moogsoft delivers to End User the Software Product or Software license keys, as applicable (in the case of the Software Product), or access credentials for logging in to the hosted service (in the case of the SaaS Product) to End User (“Commencement Date”) and extends for the period specified in the applicable Order Form. The Product Offering shall be deemed to be accepted upon such delivery. For the avoidance of doubt, End User’s affiliates (and employees thereof) shall not use the Product Offering without Moogsoft’s prior written consent. This Agreement supersedes any other agreement (including any click-through or electronic agreements within the Product Offering) between Moogsoft and End User with respect to the Product Offering. Any references in the Order Form to an “Agreement” or “XX...
Sample 1
Product Offering means the official product offering available at the official documentation (xxxxx://xxxx.xxxxxx.xx/pricing-and-license/product-offering.html).
Sample 1
Product Offering means the Moogsoft product offering identified in an order form or purchase order accepted by Moogsoft referencing this Agreement (an “Order Form”), consisting of the software-as- a-service version of the Product Offering (the “SaaS Product”). Subject to the terms and conditions of this Agreement, Moogsoft hereby grants to End User, during the License Term (as defined below), (i) a non-exclusive, non-transferable, non-sublicensable right and license to access, use, perform and digitally display the SaaS Product (if the Product Offering consists of the SaaS Product), (ii) to install, use, execute and display the Software Product (if the Product Offering consists of the Software Product), as designated in the Order Form, and (iii) to use the Product Offering prescribed by the Moogsoft documentation located at xxxx://xxxx.xxxxxxxx.xxx (as it may be updated from time to time, the “Documentation”) for internal business purposes only. The Product Offering may be used on no more than the number of Managed Devices specified in the Order Form (or, in the case of Evaluation Use, as indicated in Section 1.3). A “Managed Device” is any monitored component capable of producing a unique stream of telemetry messages and creating its own discrete event or log message feed such as servers, applications, network devices, routers and databases. For purposes hereof, and except as provided for under Section 1.3, the “License Term” begins on the date Moogsoft delivers to End User the Software Product or Software license keys, as applicable (in the case of the Software Product), or access credentials for logging in to the hosted service (in the case of the SaaS Product) to End User (the “Commencement Date”) and extends for the period specified in the applicable Order Form. The Product Offering shall be deemed to be accepted upon such delivery. For the avoidance of doubt, End User’s Affiliates (and employees thereof) shall not use the Product Offering without Moogsoft’s prior written consent. This Agreement supersedes any other agreement (including any click-through or electronic agreements within the Product Offering) between Moogsoft and End User with respect to the Product Offering. Any references in the Order Form to an “Agreement” or “XXXX” or other similar term shall be deemed to refer to this Agreement. For purposes of this Agreement, “Affiliates,” with respect to a party, means any entity controlling, controlled by or under common control with such party.
Sample 1
Product Offering has the meaning set forth in Section 3.2.
Sample 1
Product Offering means printCafe's eCommerce/eCommunity offering which enables strategic sourcing through private and public procurement networks, combined with a process driven strategic sourcing approach and supply chain integration and collaboration.
Sample 1

Related to Product Offering

  • Offering shall have the meaning ascribed to such term in Section 2.1(c).

  • Underwritten Public Offering means an underwritten Public Offering, including any bought deal or block sale to a financial institution conducted as an underwritten Public Offering.

  • Public Offering Price means the price per Share of the Fund at which NLD or selected dealers or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the Prospectus of the Funds, determined in accordance with such Prospectus under the Securities Act relating to such Shares.

  • Initial Public Offering Price means the price per share of APP Common Stock received by APP before underwriting commissions, discounts or other fees in connection with its Initial Public Offering.

  • Subsequent Offering means any further issuance of Interests in any Series, excluding any Initial Offering or Transfer.

  • Periodic Offering means an offering of Securities of a series from time to time, the specific terms of which Securities, including, without limitation, the rate or rates of interest, if any, thereon, the stated maturity or maturities thereof and the redemption provisions, if any, with respect thereto, are to be determined by the Issuer or its agents upon the issuance of such Securities.

  • Public Offering means any offering by the Company of its equity securities to the public pursuant to an effective registration statement under the Securities Act or any comparable statement under any comparable federal statute then in effect (other than any registration statement on Form S-8 or Form S-4 or any successor forms thereto).

  • Initial Public Offering means an offering of securities registered under the Securities Act of 1933, the issuer of which, immediately before the registration, was not subject to the reporting requirements of sections 13 or 15(d) of the Securities Exchange Act of 1934.

  • Maximum Offering means, with respect to some or all participants in the Non-423(b) Plan Component, a maximum number or value of shares of the Common Stock made available for purchase in a specified period (e.g., a 12-month period) in specified countries, locations or to Employees of specified Designated Subsidiaries. Such maximum shall be determined by the Board (or a committee authorized by the Board) in such a manner as to avoid securities filings, to achieve certain tax results or to meet other Company objectives.

  • Qualifying Public Offering means a firm commitment underwritten public offering of Stock for cash where the shares of Stock registered under the Securities Act are listed on a national securities exchange.

  • Public Equity Offering means an underwritten public offering of Qualified Capital Stock of the Company pursuant to a registration statement filed with the Commission in accordance with the Securities Act.

  • Qualified Initial Public Offering means a firm underwritten offering of the Company pursuant to a registration statement under the Securities Act (i) of common Capital Stock having an aggregate gross offering price of at least $50,000,000 and (ii) reasonably expected to result in more than 100 holders of record of Voting Stock of the Company (exclusive of holdings of Affiliates and employees of the Company).

  • Initial Offering means the Company’s first firm commitment underwritten public offering of its Common Stock under the Act.

  • Equity Offering means any public or private sale of common stock or Preferred Stock of the Company or any of its direct or indirect parent companies (excluding Disqualified Stock), other than:

  • Market/Offer Price means the highest of (i) the price per share of Common Stock at which a tender or exchange offer therefor has been made, (ii) the price per share of Common Stock to be paid by any third party pursuant to an agreement with Issuer, (iii) the highest closing price for shares of Common Stock within the six-month period immediately preceding the date the Holder gives notice of the required repurchase of this Option or the Owner gives notice of the required repurchase of Option Shares, as the case may be, or (iv) in the event of a sale of all or any substantial part of Issuer's assets or deposits, the sum of the net price paid in such sale for such assets or deposits and the current market value of the remaining net assets of Issuer as determined by a nationally recognized investment banking firm selected by the Holder or the Owner, as the case may be, and reasonably acceptable to Issuer, divided by the number of shares of Common Stock of Issuer outstanding at the time of such sale. In determining the market/offer price, the value of consideration other than cash shall be determined by a nationally recognized investment banking firm selected by the Holder or Owner, as the case may be, and reasonably acceptable to Issuer.

  • Delayed Offering means an offering of securities pursuant to Rule 415 which does not commence promptly after the effective date of a registration statement, with the result that only information required pursuant to Rule 415 need be included in such registration statement at the effective date thereof with respect to the securities so offered. Whether the offering of the Securities is a Non-Delayed Offering or a Delayed Offering shall be set forth in Schedule I hereto.

  • Rule 415 Offering means an offering on a delayed or continuous basis pursuant to Rule 415 (or any successor rule to similar effect) promulgated under the Securities Act.

  • Initial Public Offering” (“IPO means an offering of securities registered under the 1933 Act, the issuer of which, immediately before the registration, was not subject to the reporting requirements of Sections 13 or 15(d) of the 1934 Act.

  • Underwritten Offering Notice has the meaning set forth in Section 2(b).

  • Marketed Underwritten Offering means any Underwritten Offering (including a Marketed Underwritten Shelf Take-Down, but, for the avoidance of doubt, not including any Shelf Take-Down that is not a Marketed Underwritten Shelf Take-Down) that involves a customary “road show” (including an “electronic road show”) or other substantial marketing effort by the Company and the underwriters over a period of at least 48 hours.

  • Underwritten Offering means a Registration in which securities of the Company are sold to an Underwriter in a firm commitment underwriting for distribution to the public.

  • Pending Underwritten Offering means, with respect to any Holder forfeiting its rights pursuant to this Section 4.5(l), any underwritten offering of Registrable Securities in which such Holder has advised the Company of its intent to register its Registrable Securities either pursuant to Section 4.5(a)(ii) or 4.5(a)(iv) prior to the date of such Holder’s forfeiture.

  • Shelf Offering has the meaning set forth in Section 1(d)(i).

  • Rights Offering Amount means $300,000,000.

  • Primary Offering means the portion of an Offering other than the Shares offered pursuant to the Company’s distribution reinvestment plan.

  • Net Offering Proceeds means the proceeds received from (a) the issuance of any Capital Stock or (b) the incurrence of any Indebtedness, in each case net of the actual liabilities for reasonably anticipated cash taxes in connection with such issuance or incurrence, if any, any underwriting, brokerage and other customary selling commissions incurred in connection with such issuance or incurrence, and legal, advisory and other fees and expenses, including title and recording tax expenses, if any, incurred in connection with such issuance or incurrence.