AUTHORIZED PARTNERS. If Customer licensed the Software through an authorized reseller, partner or OEM of Exasol (“Authorized Partner”) then, notwithstanding anything to the contrary in this Agreement:
(a) Customer’s use of the Software is subject to any additional terms in its agreement with the Authorized Partner; provided that such additional terms shall not negate or otherwise modify the terms of this Agreement; (b) Customer agrees to pay the Authorized Partner the Fees and other applicable fees, and Customer will have no direct Fee payment obligations to Exasol for such Software; (c) Customer’s agreement with the Authorized Partner is between Customer and the Authorized Partner and is not binding on Exasol; and (d) Exasol may terminate this Agreement (including Customer’s right to use the Software) if Exasol does not receive payment for Customer’s use of the Software from the Authorized Partner or if Customer breaches any term of this Agreement. If Customer’s warranty and support terms stated in its agreement with the Authorized Partner are different from those set forth in this Agreement, then such different terms are solely between Customer and the Authorized Partner and Exasol will have no obligations to Customer under this Agreement with respect to such different terms. Except as set forth in the preceding sentence, if there is any conflict or inconsistency between this Agreement and Customer’s agreement with Authorized Partner, then this Agreement will control (and will resolve such inconsistency) as between Exasol and Customer.
AUTHORIZED PARTNERS. The parties acknowledge and agree that, by executing the Agreement, the Customer enters into the DPA on behalf of itself and, as applicable, in the name and on behalf of its Authorized Partners, thereby establishing a separate DPA between WorkSpan and each such Authorized Partner subject to the provisions of the Agreement and this DPA. Each Authorized Partner agrees to be bound by the obligations set forth in this DPA and, to the extent applicable, the Agreement. For the avoidance of doubt, an Authorized Partner is not and does not become a party to the Agreement and is only a party to the DPA. All access to and use of the Services by Authorized Partners must comply with the terms and conditions of the Agreement and any violation of the terms and conditions of the Agreement by an Authorized Partner shall be deemed a violation by Customer. The Customer that is the contracting party to the Agreement shall remain responsible for coordinating all communication with WorkSpan under this DPA and be entitled to make and receive any communication in relation to this DPA on behalf of its Authorized Partners. Where an Authorized Partner becomes a party to the DPA with WorkSpan, it shall to the extent required under applicable Data Protection Laws and Regulations be entitled to exercise the rights and seek remedies under this DPA, subject to the following:
(i) Except where applicable Data Protection Laws and Regulations require the Authorized Partner to exercise a right or seek any remedy under this DPA against WorkSpan directly by itself, the parties agree that (i) solely the Customer that is the contracting party to the Agreement shall exercise any such right or seek any such remedy on behalf of the Authorized Partner, and (ii) the Customer that is the contracting party to the Agreement shall exercise any such rights under this DPA not separately for each Authorized Partner individually but in a combined manner for all of its Authorized Partners together.
(ii) The parties agree that the Customer that is the contracting party to the Agreement shall, when carrying out an on-site audit of the procedures relevant to the protection of Customer Personal Data, take all reasonable measures to limit any impact on WorkSpan by combining, to the extent reasonably possible, several audit requests carried out on behalf of different Authorized Partners in one single audit.
AUTHORIZED PARTNERS. Customer may purchase Services hereunder directly from SevOne or from an authorized SevOne reseller or partner (each, an “Authorized Partner”). If Customer purchases Services from an Authorized Partner, the terms and conditions set forth in Section 2, as well as any discounts or pricing offered by SevOne, will not apply and the purchase terms and prices for such Customer purchases from an Authorized Partner will be negotiated solely between Customer and the applicable Authorized Partner.
AUTHORIZED PARTNERS. If Customer acquired the Software through an authorized reseller, partner or OEM of Company (“Authorized Partner”) then, notwithstanding anything to the contrary in this Agreement: (a) Customer’s use of the Software is subject to any additional terms in the agreement provided by the Authorized Partner;
(b) Customer agrees to pay the Authorized Partner the Fees and other applicable fees, and Customer will have no direct Fee payment obligations to Company for such Software; (c) Customer’s agreement with the Authorized Partner is between Customer and the Authorized Partner and is not binding on Company; and (d) Company may terminate this Agreement (including Customer’s right to use the Software) if Company does not receive payment for Customer’s use of the Software from the Authorized Partner or if Customer breaches any term of this Agreement. If Customer’s warranty and support terms stated in its agreement with the Authorized Partner are different from those set forth in this Agreement, then such different terms are solely between Customer and the Authorized Partner and Company will have no obligations to Customer under this Agreement with respect to such different terms. Except as set forth in the preceding sentence, if there is any conflict or inconsistency between this Agreement and Customer’s agreement with Authorized Partner, then this Agreement will control (and will resolve such inconsistency) as between Company and Customer.
AUTHORIZED PARTNERS. If Customer acquired the Software through an authorized reseller, partner, distributor or OEM of Outcold Solutions (“Authorized Partner”) then, notwithstanding anything to the contrary in this Agreement: (a) Customer’s use of the Software is subject to any additional terms in the agreement provided by the Authorized Partner; (b) Customer agrees to pay the Authorized Partner the License Fees and other applicable fees, and Customer will have no direct License Fee payment obligations to Outcold Solutions for such Software; (c) Customer’s agreement with the Authorized Partner is between Customer and the Authorized Partner and is not binding on Outcold Solutions; and
AUTHORIZED PARTNERS. The terms of the agreement between You and a Partner for the procurement of the Products applies solely between You and that Partner.
AUTHORIZED PARTNERS. We may share your information with trusted authorized partners. We may share your account information, device information and location information with authorized partners to ensure the smooth completion of the services provided to you. However, we will only share your personal information for legal, legitimate, necessary, specific and clear purposes, and only share the personal information necessary to provide services. Our partners are not authorized to use the shared personal information for any other purpose. Currently, our authorized partners include the following types: Authorized partners in advertising and analysis services. Dealers, suppliers, service providers and other partners. Our dealers, suppliers and service providers include institutions providing technical services, telecommunications services, customer services, risk control services, audit services, legal services, financial institutions, e-commerce companies and platforms, offline stores, etc. For companies, organizations and individuals with whom we share personal information, we will sign confidentiality agreements and require them to handle personal information in an appropriate manner in accordance with our instructions, this Privacy Policy and any other relevant confidentiality and security measures. In the use of personal sensitive data, we require third parties to adopt encryption technology to better protect user data. Once issued
AUTHORIZED PARTNERS. Xxxxx has engaged in business relationships with channel partners within the agricultural industry who are enabled and authorized to sublicense the Software (“Authorized Partner”). In the event an Organization receives a License to the Software from the Authorized Partner in connection with an equipment purchase or for any other reason, the Authorized Partner may initially be designated an Admin User until such time as the Organization elects to subscribe to the Software (or elects renew the subscription to the Software) on an Order Form directly with Verge. Until such time as the Software has been subscribed to or renewed directly with Verge, Admin User and the Organization shall permit the Authorized Partner to create, input, and otherwise have access to User Ag Data and User Account Information. An Authorized Partner will not have access to User’s Login Information. User and Organization understand that the Authorized Partner’s terms of service and privacy policy will apply to any information that Admin User has elected or elects to share with an Authorized Partner either prior to or after entering into this Agreement. Verge recommends that User only share information with third parties that are trusted by User as Verge cannot control what a third party does with that information and Verge is not responsible for actions taken by any third parties with respect to such information.
