AGREEMENTS WITH CUSTOMERS Sample Clauses

AGREEMENTS WITH CUSTOMERS. The Products are provided by the Third Party Vendor. The Products are provided by the Third Party Vendor. All Terms of Use or Service as established by the Third Party Vendor and as set forth inter alia at at xxxxx://xxx.xxxxxxxx.xxx/about/legal/repository and xxxxx://xxx.xxxxxxxx.xxx/content/en/us/enterprise/eulas/endpoint- encryption-11-1-1-xxxx.pdf shall apply to the VAR’s resale activity and to the VAR’s Customers, including but not limited to the VAR’s indemnity of the Third Party Vendor based upon the VAR’s acts or omissions and including indemnity of the Third Party Vendor for any infringement claims arising from the combination by the VAR and/or Customers of Third Party Vendor’s intellectual property with the VAR or any third party’s intellectual property. The VAR agrees to provide each Customer with terms of use and gain their acceptance. You covenant, represent and warrant that you will present all Terms of Use or Service to each of your Customers and obtain their enforceable agreement to the Terms of Use or Service before permitting them to access or use the Products. You covenant, represent and warrant that no subscription for the Products shall be activated for or used by your Customers before the Customer agrees to the Terms of Use or Service. You will track and record acceptance by your Customers of the Terms of Use or Service and will provide such information to the Company upon request. The Company may modify these terms and conditions at any time. 1. PRODUCTS 2. THIRD PARTY VENDOR

AGREEMENTS WITH CUSTOMERS. The Products are provided by the Third Party Vendor. All Terms of Use or Service as established by the Third Party Vendor and as set forth inter alia at xxxxx://xxx.xxxxxxx.xxx/ , Dropbox Terms (xxxxx://xxx.xxxxxxx.xxx/cms/content/dam/dropbox/documents/en- us/reseller/dropbox_reseller-program-guide.pdf ) shall apply to the VAR’s resale activity and to the VAR’s Customers, including but not limited to the VAR’s indemnity of the Third Party Vendor based upon the VAR’s acts or omissions and including indemnity of the Third Party Vendor for any infringement claims arising from the combination by the VAR and/or Customers of Third Party Vendor’s intellectual property with the VAR or any third party’s intellectual property. The VAR agrees to provide each Customer with terms of use and gain their acceptance. You covenant, represent and warrant that you will present all Terms of Use or Service to each of your Customers and obtain their enforceable agreement to the Terms of Use or Service before permitting them to access or use the Products. You covenant, represent and warrant that no subscription for the Products shall be activated for or used by your Customers before the Customer agrees to the Terms of Use or Service. You will track and record acceptance by your Customers of the Terms of Use or Service and will provide such information to the Company upon request. The Company may modify these terms and conditions at any time. 1. PRODUCTS 2. THIRD PARTY VENDOR

AGREEMENTS WITH CUSTOMERS. 4.1 The VAR will be responsible for, and will enter into appropriate agreements with Customers that will govern their purchase, license and/or lease of the Products from the VAR (the “Customer Agreements”). The Customer Agreement must be written terms and conditions applicable to the resale, marketing and use of the Products that: 4.1.1 is at least as restrictive and protective of the Company’s rights under this Agreement and Third Party Vendor’s rights under the XXXX; 4.1.2 makes no representations or warranties on the Company or Third Party Vendor’s behalf; 4.1.3 does not grant any rights in or to the Products beyond the scope of those contained in this Agreement; and 4.1.4 requires Customers to agree to comply with the terms of the XXXX. 4.2 The VAR will track and record acceptance by Customers of the Customer Agreements. 4.3 The resale, marketing and/or use of the Products by the VAR and its Customers is, in each case, subject to additional terms and conditions including, without limitation, XXXX and/or terms of service, applicable to such Products that are referenced in the this Agreement or that are made available by the Third Party Vendor for the Products. 4.4 Additional terms of authorized use of the Products, the fees and other charges for the Products, any special payment terms, the scope of use, and the numbers, types and identifiers of permitted users, applications, servers, devices, capacity and locations at or through which the VAR is permitted to market, resell and/or use the Products and the Customers are permitted to use the Products may be specified in the applicable Supplement and/or order process through which the Products are purchased. 4.5 The VAR and the Customers may not use or otherwise access the Products and/or Services in a manner that exceeds the authorized use. If authorized use of the Products and/or Services is exceeded, then the VAR will promptly notify the Company and immediately: 4.5.1 disable or correct impermissible use; or 4.5.2 purchase additional Products and/or Services to correspond to actual use. 4.6 Failure of the VAR’s Customers to pay for the Products and/or Services purchased will not relieve the VAR of its obligation to pay the Company for the Products and/or Services ordered by or through the VAR. The VAR is responsible for providing support services to its Customers.

AGREEMENTS WITH CUSTOMERS. The Products are provided by the Third Party Vendor. All Terms of Use or Service as established by the Third Party Vendor and as set forth inter alia at the Microsoft Cloud Agreement ( xxxxx://xxxx.xxxxxxxxx.xxx/en-us/partner-center/agreements ) shall apply to the VAR’s resale activity and to the VAR’s Customers, including but not limited to the VAR’s indemnity of the Third Party Vendor based upon the VAR’s acts or omissions and including indemnity of the Third Party Vendor for any infringement claims arising from the combination by the VAR and/or Customers of Third Party Vendor’s intellectual property with the VAR or any third party’s intellectual property. The VAR agrees to provide each Customer with terms of use and gain their acceptance. You covenant, represent and warrant that you will present the Microsoft Cloud Agreement to each of your Customers and obtain their enforceable agreement to the Microsoft Cloud Agreement before permitting them to access or use the Products. You covenant, represent and warrant that no subscription for the Products shall be activated for or used by your Customers before the Customer agrees to the Terms of Use. You will track and record acceptance by your Customers of the Terms of Use or Service and will provide such information to the Company upon request. The Company may modify these terms and conditions at any time.

AGREEMENTS WITH CUSTOMERS. 4.1. Pulse Technologies shall ensure that all R&D Products are used solely within the scope of the R&D Business. All provision of R&D Products to R&D Product Customers shall be made under an appropriate written agreement. Each such agreement shall include (a) a restriction requiring that such customer use the applicable R&D Product only for a use within the scope of the R&D Business, (b) a mechanism for Pulse Technologies to audit and confirm that such restriction is complied with, and (c) a termination right permitting Pulse Technology to terminate that agreement in the event such restriction has been violated. In the event of any such violation, Pulse Technologies shall ensure that such violation is promptly remedied, and if it is not, Pulse Technologies shall terminate the customer agreement in question. Use of an R&D Product by a Sublicensee or an R&D Product Customer outside of the scope of the R&D Business shall be deemed to be a material breach by Pulse Technologies of this Agreement. 4.2. Pulse Technologies agrees to provide (whether doing so directly or through a Subsidiary, Sublicensee, or otherwise) the delivery device portion of R&D Products to R&D Product Customers on a loaned or leased-basis only, and therefore agrees not to transfer title to the delivery device portion of any R&D Product to any R&D Product Customer.

AGREEMENTS WITH CUSTOMERS. Customers' rights to utilize Direct Market Access shall be governed by agreements between the customers and the Member. Such agreements may only be entered into by the Member with customers who possess sufficient financial resources in order to be able to fulfil their obligations and who possess sufficient skills in trading in the Exchange's electronic exchange trading system. The agreement shall state any restrictions, limits, or other conditions governing the customer's right to utilize Direct Market Access. Pursuant to such agreement, the Member shall be entitled to require the customer to produce such information as may reasonably be requested to verify compliance with any conditions related to Direct Market Access. Pursuant to such agreement, the Member shall be entitled to terminate the Direct Market Access function.

AGREEMENTS WITH CUSTOMERS. 12.1 All sales and other agreements between PSS and its customers are PSS exclusively, and shall have no effect on the respective obligations of Cutera and PSS under this Agreement.

AGREEMENTS WITH CUSTOMERS. (a) The Company has approximately 10,000 publisher clients in its database, all of whom are either a party to a written contract or have signed up on-line to the Company’s terms and conditions. To the knowledge of Management, to the extent the publisher clients are engaged in business with the Company, all publisher clients are in compliance with the terms thereof in all material respects. The terms and conditions of the Company’s standard E-sales contract are in compliance in all material respects with the federal and state laws of the United States and the laws of each of the European Union and each of its member nations. The Company has provided Seller with a copy of the Company’s standard written contract and on-line terms and conditions. Part 4.15 of the Disclosure Schedule identifies each agreement with a customer that differs in any material respect from the Company’s standard written contract or the Company’s terms and conditions. Part 4.15 of the Disclosure Schedule lists each customer agreement that contains a change of control provision that specifically permits such customer to terminate the contract pursuant to such provision upon a change of control of the Company or to amend the agreement to the disadvantage of the Company pursuant to such provision of the contract (it being expressly understood that the customer contracts may be terminable by customers independent of such change of control provisions or transactions pursuant to other provisions of the customer contract). (b) The top ten (10) customers generated approximately € 4,750,000 of the Company’s revenue during the twelve (12) months ended March 31, 2004. Approximately 150 customers generated 80% of the revenue of the Company during the twelve (12) months ended March 31, 2004 (such customers, the “Top 80% Customers”). No one customer accounted for more than approximately € 1,500,000 of the Company’s revenue during the twelve (12) months ended March 31, 2004. No Top 80% Customer, supplier to, or distributor of the Company has notified the Company of an intention to terminate or substantially alter its existing business relationship with the Company and Management has no reason to believe that such termination or alteration of such relationship is likely to occur. No payment processor, payment processing bank or credit card provider has informed the Company that it intends to terminate its relationship with the Company, or given the Company a notice or warning that it may do so in the ...

AGREEMENTS WITH CUSTOMERS. RCH has not entered into an agreement to provide fire flow levels of water service to any customer except as set forth in Schedule 7.01.

AGREEMENTS WITH CUSTOMERS. During the Transition Period, Buyer shall maintain in their current form all BDF agreements and other Agreements with customers.