Common use of Applicability and Scope Clause in Contracts

Applicability and Scope. This Agreement is the exclusive and binding agreement between Cypress and Company governing the purchase of products or services by Company from Cypress. Company accepts this Agreement when it (a) signs it, either electronically or by hand, (b) uses the Products, or (c) pays for the Products. Cypress objects to any additional or different terms proposed by Company including those in Company’s purchase order, request for quote, other documents or correspondence, and such terms will not apply unless accepted in writing by Xxxxxxx’s authorized representative (for the purposes of this Agreement, a vice president or higher). Cypress’s failure to specifically object to any communication from Company that contains additional terms and conditions shall not be deemed a waiver of the Agreement or an acceptance of Company’s terms and conditions. Without limiting the generality of the foregoing, any terms and conditions of any order which are in addition to or inconsistent with the terms of the Agreement will be deemed stricken from such order, notwithstanding any acknowledgment or acceptance of such order by Cypress. CYPRESS’S SALE OF PRODUCTS OR SERVICES TO COMPANY IS MADE CONDITIONAL ON COMPANY’S ASSENT TO THESE TERMS. TO THE EXTENT ANY ORDER ACKNOWLEDGEMENT OR SHIPMENT OF PRODUCTS IS DEEMED AN ACCEPTANCE OF A PREVIOUS OFFER BY COMPANY, ANY SUCH ACCEPTANCE IS EXPRESSLY LIMITED TO AND CONDITIONED ON ASSENT BY COMPANY TO THE TERMS OF THIS AGREEMENT.

Applicability and Scope. This Agreement is the exclusive and binding agreement between Cypress and Company governing the purchase of products or services by Company from Cypress. Company accepts this Agreement when it (a) signs it, either electronically or by hand, (b) uses the Products, or (c) pays for the Products. Cypress objects to any additional or different terms proposed by Company including those in Company’s purchase order, request for quote, other documents or correspondence, and such terms will not apply unless accepted in writing by Xxxxxxx’s authorized representative (for the purposes of this Agreement, a vice president or higher). Cypress’s failure to specifically object to any communication from Company that contains additional terms and conditions shall not be deemed a waiver of the Agreement or an acceptance of Company’s terms and conditions. Without limiting the generality of the foregoing, any terms and conditions of any order which are in addition to or inconsistent with the terms of the Agreement will be deemed stricken from such order, notwithstanding any acknowledgment or acceptance of such order by Cypress. CYPRESS’S SALE OF PRODUCTS OR SERVICES TO COMPANY IS MADE CONDITIONAL ON COMPANY’S ASSENT TO THESE TERMS. TO THE EXTENT ANY ORDER ACKNOWLEDGEMENT OR SHIPMENT OF PRODUCTS IS DEEMED AN ACCEPTANCE OF A PREVIOUS OFFER BY COMPANYBUYER, ANY SUCH ACCEPTANCE IS EXPRESSLY LIMITED TO AND CONDITIONED ON ASSENT BY COMPANY BUYER TO THE TERMS OF THIS AGREEMENT.

Applicability and Scope. This Agreement is the exclusive and binding agreement between Cypress and Company governing the purchase of products or services by Company from Cypress. Company accepts this Agreement when it (a) signs it, either electronically or by hand, (b) uses the Products, or or (c) pays for the Products. Cypress objects to any additional or different terms proposed by Company including those in Company’s purchase order, request for quote, other documents or correspondence, and such terms will not apply unless accepted in writing by Xxxxxxx’s authorized representative (for the purposes of this Agreement, a vice president or higher). Cypress’s failure to specifically object to any communication from Company that contains additional terms and conditions shall not be deemed a waiver of the Agreement or an acceptance of Company’s terms and conditions. Without limiting the generality of the foregoing, any terms and conditions of any order which are in addition to or inconsistent with the terms of the Agreement will be deemed stricken from such order, notwithstanding any acknowledgment or acceptance of such order by Cypress. CYPRESS’S SALE OF PRODUCTS OR SERVICES TO COMPANY IS MADE CONDITIONAL ON COMPANY’S ASSENT TO THESE TERMS. TO THE EXTENT ANY ORDER ACKNOWLEDGEMENT OR SHIPMENT OF PRODUCTS IS DEEMED AN ACCEPTANCE OF A PREVIOUS OFFER BY COMPANY, ANY SUCH ACCEPTANCE IS EXPRESSLY LIMITED TO AND CONDITIONED ON ASSENT BY COMPANY TO THE TERMS OF THIS AGREEMENT.