Common use of CLOSING PROVISIONS Clause in Contracts

CLOSING PROVISIONS. i. This Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. ii. No modification of this Agreement and no waiver of any breach thereof, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iii. Any invalidity or unenforceability of any term of this Agreement shall not affect the other terms thereof. iv. Neither party shall be liable for, nor shall either party be considered in breach of this Agreement due to, any failure to perform its obligations under this Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. All provisions in this Agreement that are intended to have effect thereafter, will survive termination of this Agreement. vi. Company shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this Agreement) the Software or any components or copies thereof in such a manner as to violate the Belgian export laws and regulations which are in effect from time to time. vii. This Agreement may be executed in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

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CLOSING PROVISIONS. i. This Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. ii. No modification of this Agreement and no waiver of any breach thereof, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iii. Any invalidity or unenforceability of any term of this Agreement shall not affect the other terms thereof. iv. Neither party shall be liable for, nor shall either party be considered in breach of this Agreement due to, any failure to perform its obligations under this Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. All provisions in this Agreement that are intended to have effect thereafter, will survive termination of this Agreement. vi. Company shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this Agreement) the Software or any components or copies thereof in such a manner as to violate the Belgian export laws and regulations of the United States which are in effect from time to time. vii. This Agreement may be executed in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

CLOSING PROVISIONS. i. This Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. ii. No modification of this Agreement and no waiver of any breach thereof, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iii. Any invalidity or unenforceability of any term of this Agreement shall not affect the other terms thereof. iv. Neither party shall be liable for, nor shall either party be considered in breach of this Agreement due to, any failure to perform its obligations under this Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. All provisions in this Agreement that are intended to have effect thereafter, will survive termination of this Agreement. vi. Company shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this Agreement) the Software or any components or copies thereof in such a manner as to violate the Belgian Korean export laws and regulations which are in effect from time to time. vii. This Agreement may be executed in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

CLOSING PROVISIONS. i. This Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. ii. No modification of this Agreement and no waiver of any breach thereof, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iiiii. Any invalidity or unenforceability of any term of this Agreement shall not affect the other terms thereof. iviii. Neither party shall be liable for, nor shall either party be considered in breach of this Agreement due to, any failure to perform its obligations under this Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. iv. All provisions in this Agreement that are intended to have effect thereafter, will survive termination of this Agreement. vi. Company shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this Agreement) the Software or any components or copies thereof in such a manner as to violate the Belgian export laws and regulations which are in effect from time to time. vii. v. This Agreement may be executed in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent.

Appears in 2 contracts

Samples: Support and Maintenance Agreement, Support and Maintenance Agreement

CLOSING PROVISIONS. i. The relationship between the parties is that of independent contractors and not partners, joint ventures’, principals, agents, franchisees or employees of each other, and neither party shall have authority to bind or otherwise obligate the other in any manner whatsoever. ii. This License Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. By entering into this License Agreement, You waive the right to invoke any provisions of a AGPL Software license. iiiii. No modification of this Agreement License Agreement, and no waiver of any breach thereofof this License Agreement, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this License Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iiiiv. Any invalidity or unenforceability of any term of this License Agreement shall not affect the other terms thereof. iv. v. Neither party shall be liable for, nor shall either party be considered in breach of this License Agreement due to, any failure to perform its obligations under this License Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this License Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. vi. The parties do not intend, nor shall any clause be interpreted, to create any obligations for ISB under this License Agreement in favor of any third party. vii. All provisions in this License Agreement that are intended to have effect thereafter, will survive termination of this Agreement. vi. Company shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this Agreement) the Software or any components or copies thereof in such a manner as to violate the Belgian export laws and regulations which are in effect from time to time. viiviii. This License Agreement may be executed in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent. insert date Authorized by iText Software BVBA. [ ] Between iText Software BVBA (“ISB”), a Belgian limited liability corporation, with registered office at Business Center “De Punt”, Xxxxxxxxxx 000, 0000 Xxxxx, Xxxxxxx, VAT BE0838.649.627 and [insert licensee name and corporation type] (“You”, “Your” or “Yours”), [insert licensee’s registered office address], [insert state/country].

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

CLOSING PROVISIONS. i. This Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. ii. No modification of this Agreement and no waiver of any breach thereof, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iii. Any invalidity or unenforceability of any term of this Agreement shall not affect the other terms thereof. iv. Neither party shall be liable for, nor shall either party be considered in breach of this Agreement due to, any failure to perform its obligations under this Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. All provisions in this Agreement that are intended to have effect thereafter, will survive termination of this Agreement. vi. Company shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this Agreement) the Software or any components or copies thereof in such a manner as to violate the Belgian Singapore export laws and regulations which are in effect from time to time. vii. This Agreement may be executed in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

CLOSING PROVISIONS. i. The relationship between the parties is that of independent contractors and not partners, joint venturers, principals, agents, franchisees or employees of each other, and neither party shall have authority to bind or otherwise obligate the other in any manner whatsoever. ii. This License Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. By entering into this License Agreement, You waive the right to invoke any provisions of a AGPL Software license. iiiii. No modification of this Agreement License Agreement, and no waiver of any breach thereofof this License Agreement, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this License Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iiiiv. Any invalidity or unenforceability of any term of this License Agreement shall not affect the other terms thereof. iv. v. Neither party shall be liable for, nor shall either party be considered in breach of this License Agreement due to, any failure to perform its obligations under this License Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this License Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. vi. The parties do not intend, nor shall any clause be interpreted, to create any obligations for ISB under this License Agreement in favor of any third party. vii. All provisions in this License Agreement that are intended to have effect thereafter, will survive termination of this Agreement. vi. Company shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this Agreement) the Software or any components or copies thereof in such a manner as to violate the Belgian export laws and regulations which are in effect from time to time. viiviii. This License Agreement may be executed in in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent. Authorized by iText Software BVBA. insert date [ ] Between iText Software BVBA (“ISB”), a Belgian limited liability corporation, with registered office at Business Center “De Punt”, Xxxxxxxxxx 000, 0000 Xxxxx, Xxxxxxx, VAT BE0838.649.627 and [insert licensee name and corporation type] (“You”, “Your” or “Yours”), [insert licensee’s registered office address], [insert state/country].

Appears in 1 contract

Samples: Software License Agreement

CLOSING PROVISIONS. i. The relationship between the parties is that of independent contractors and not partners, joint ventures’, principals, agents, franchisees or employees of each other, and neither party shall have authority to bind or otherwise obligate the other in any manner whatsoever. ii. This License Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. By entering into this License Agreement, You waive the right to invoke any provisions of a AGPL Software license. iiiii. No modification of this Agreement License Agreement, and no waiver of any breach thereofof this License Agreement, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this License Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iiiiv. Any invalidity or unenforceability of any term of this License Agreement shall not affect the other terms thereof. iv. v. Neither party shall be liable for, nor shall either party be considered in breach of this License Agreement due to, any failure to perform its obligations under this License Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this License Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. vi. The parties do not intend, nor shall any clause be interpreted, to create any obligations for ISA under this License Agreement in favor of any third party. vii. All provisions in this License Agreement that are intended to have effect thereafter, will survive termination of this Agreement. vi. Company shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this Agreement) the Software or any components or copies thereof in such a manner as to violate the Belgian export laws and regulations which are in effect from time to time. viiviii. This License Agreement may be executed in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent. insert date Authorized by iText Software Asia Pvt Ltd. [ ] Between iText Software Asia Pvt Ltd (“ISA”), a company incorporated in Singapore, with its registered office at 00 Xxxxxx Xxxx, #00-00 Xxxxx Xxxx Xxxxxxxx, 000000 Xxxxxxxxx (company registration number 201510495GB) and insert state/country insert licensee name and corporation type [ [ ].

Appears in 1 contract

Samples: Software License Agreement

CLOSING PROVISIONS. i. The relationship between the parties is that of independent contractors and not partners, joint venturers, principals, agents, franchisees or employees of each other, and neither party shall have authority to bind or otherwise obligate the other in any manner whatsoever. ii. This License Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. By entering into this License Agreement, You waive the right to invoke any provisions of a AGPL Software license. iiiii. No modification of this Agreement License Agreement, and no waiver of any breach thereofof this License Agreement, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this License Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iiiiv. Any invalidity or unenforceability of any term of this License Agreement shall not affect the other terms thereof. iv. v. Neither party shall be liable for, nor shall either party be considered in breach of this License Agreement due to, any failure to perform its obligations under this License Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this License Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. vi. The parties do not intend, nor shall any clause be interpreted, to create any obligations for ISA under this License Agreement in favor of any third party. vii. All provisions in this License Agreement that are intended to have effect thereafter, will survive termination of this Agreement. vi. Company shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this Agreement) the Software or any components or copies thereof in such a manner as to violate the Belgian export laws and regulations which are in effect from time to time. viiviii. This License Agreement may be executed in in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent.. insert date Authorized by iText Software Asia Pvt Ltd. [ ]

Appears in 1 contract

Samples: Software License Agreement

CLOSING PROVISIONS. i. The relationship between the parties is that of independent contractors and not partners, joint venturers, principals, agents, franchisees or employees of each other, and neither party shall have authority to bind or otherwise obligate the other in any manner whatsoever. ii. This License Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. By entering into this License Agreement, You waive the right to invoke any provisions of a AGPL Software license. iiiii. No modification of this Agreement License Agreement, and no waiver of any breach thereofof this License Agreement, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this License Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iiiiv. Any invalidity or unenforceability of any term of this License Agreement shall not affect the other terms thereof. iv. v. Neither party shall be liable for, nor shall either party be considered in breach of this License Agreement due to, any failure to perform its obligations under this License Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this License Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. vi. The parties do not intend, nor shall any clause be interpreted, to create any obligations for ISB under this License Agreement in favor of any third party. vii. All provisions in this License Agreement that are intended to have effect thereafter, will survive termination of this Agreement. vi. Company shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this Agreement) the Software or any components or copies thereof in such a manner as to violate the Belgian export laws and regulations which are in effect from time to time. viiviii. This License Agreement may be executed in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent. Authorized by iText Software BVBA. [insert date] Between iText Software BVBA (“ISB”), a Belgian limited liability corporation, with registered office at Business Center “De Punt”, Xxxxxxxxxx 000, 0000 Xxxxx, Xxxxxxx, VAT BE0838.649.627 and [insert licensee name and corporation type] (“You”, “Your” or “Yours”), [insert licensee’s registered office address], [insert state/country].

Appears in 1 contract

Samples: Software License Agreement

CLOSING PROVISIONS. i. This Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. ii. No modification of this Agreement and no waiver of any breach thereof, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iiiii. Any invalidity or unenforceability of any term of this Agreement shall not affect the other terms thereof. iviii. Neither party shall be liable for, nor shall either party be considered in breach of this Agreement due to, any failure to perform its obligations under this Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. iv. All provisions in this Agreement that are intended to have effect thereafter, will survive termination of this Agreement. vi. Company shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this Agreement) the Software or any components or copies thereof in such a manner as to violate the Belgian export laws and regulations which are in effect from time to time. vii. v. This Agreement may be executed in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent. insert date Authorized by iText Software Korea Inc. [ ] When submitting Incidents to ISK, You shall follow the following procedures and guidelines: - Fully describe the Incident. You must include all details reasonably needed for ISK to address the Incident. - Include the iText Software version. You must indicate what versions of the Software You are using (e.g. iText Core Library, XFA Worker, XML Worker, version 7.1.1). - Include in which environment the Software is used. You must indicate if the Software is used within a Windows, Linux, Apple (Mac) or other environment. If this is the Java version of iText, You must indicate which JVM You are using; HotSpot (Oracle), HotSpot (OpenJDK), J9 (IBM), or which other. If this is the .NET version of iText, You must indicate which .NET Framework. You must indicate if Your machine is 32 bit or 64 bit. - Provide input documents. You must include available PDF’s, HTML (and CSS), XFA templates and images (e.g. error screenshots) relevant for ISK addressing the Incident. Upon ISK’s request, You shall include such additional input documents as requested by ISK.

Appears in 1 contract

Samples: Support and Maintenance Agreement

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CLOSING PROVISIONS. i. The relationship between the parties is that of independent contractors and not partners, joint ventures’, principals, agents, franchisees or employees of each other, and neither party shall have authority to bind or otherwise obligate the other in any manner whatsoever. ii. This License Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. By entering into this License Agreement, You waive the right to invoke any provisions of a AGPL Software license. iiiii. No modification of this Agreement License Agreement, and no waiver of any breach thereofof this License Agreement, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this License Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iiiiv. Any invalidity or unenforceability of any term of this License Agreement shall not affect the other terms thereof. iv. v. Neither party shall be liable for, nor shall either party be considered in breach of this License Agreement due to, any failure to perform its obligations under this License Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this License Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. vi. The parties do not intend, nor shall any clause be interpreted, to create any obligations for ISC under this License Agreement in favor of any third party. vii. All provisions in this License Agreement that are intended to have effect thereafter, will survive termination of this Agreement. viviii. Company You shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this License Agreement) the licensed Software or any components or copies thereof in such a manner as to violate the Belgian export laws and regulations of the United States which are in effect from time to time. You shall indemnify and hold harmless ISC from and against any and all losses incurred by ISC as a result of Your breach of this provision. viiix. This License Agreement may be executed in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent.. Authorized by iText Software Corp. insert date [ ]

Appears in 1 contract

Samples: Software License Agreement

CLOSING PROVISIONS. i. The relationship between the parties is that of independent contractors and not partners, joint ventures’, principals, agents, franchisees or employees of each other, and neither party shall have authority to bind or otherwise obligate the other in any manner whatsoever. ii. This License Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. By entering into this License Agreement, You waive the right to invoke any provisions of a AGPL Software license. iiiii. No modification of this Agreement License Agreement, and no waiver of any breach thereofof this License Agreement, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this License Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iiiiv. Any invalidity or unenforceability of any term of this License Agreement shall not affect the other terms thereof. iv. v. Neither party shall be liable for, nor shall either party be considered in breach of this License Agreement due to, any failure to perform its obligations under this License Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this License Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. vi. The parties do not intend, nor shall any clause be interpreted, to create any obligations for ISA under this License Agreement in favor of any third party. vii. All provisions in this License Agreement that are intended to have effect thereafter, will survive termination of this Agreement. vi. Company shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this Agreement) the Software or any components or copies thereof in such a manner as to violate the Belgian export laws and regulations which are in effect from time to time. viiviii. This License Agreement may be executed in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent.. insert date Authorized by iText Software Asia Pvt Ltd. [ ]

Appears in 1 contract

Samples: Software License Agreement

CLOSING PROVISIONS. i. This Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. ii. No modification of this Agreement and no waiver of any breach thereof, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iiiii. Any invalidity or unenforceability of any term of this Agreement shall not affect the other terms thereof. iviii. Neither party shall be liable for, nor shall either party be considered in breach of this Agreement due to, any failure to perform its obligations under this Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. iv. All provisions in this Agreement that are intended to have effect thereafter, will survive termination of this Agreement. vi. Company shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this Agreement) the Software or any components or copies thereof in such a manner as to violate the Belgian export laws and regulations which are in effect from time to time. vii. v. This Agreement may be executed in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent.that

Appears in 1 contract

Samples: Support and Maintenance Agreement

CLOSING PROVISIONS. i. The relationship between the parties is that of independent contractors and not partners, joint venturers, principals, agents, franchisees or employees of each other, and neither party shall have authority to bind or otherwise obligate the other in any manner whatsoever. ii. This License Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. By entering into this License Agreement, You waive the right to invoke any provisions of a AGPL Software license. iiiii. No modification of this Agreement License Agreement, and no waiver of any breach thereofof this License Agreement, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this License Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iiiiv. Any invalidity or unenforceability of any term of this License Agreement shall not affect the other terms thereof. iv. v. Neither party shall be liable for, nor shall either party be considered in breach of this License Agreement due to, any failure to perform its obligations under this License Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this License Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. vi. The parties do not intend, nor shall any clause be interpreted, to create any obligations for ISC under this License Agreement in favor of any third party. vii. All provisions in this License Agreement that are intended to have effect thereafter, will survive termination of this Agreement. viviii. Company You shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this License Agreement) the licensed Software or any components or copies thereof in such a manner as to violate the Belgian export laws and regulations of the United States which are in effect from time to time. You shall indemnify and hold harmless ISC from and against any and all losses incurred by ISC as a result of Your breach of this provision. viiix. This License Agreement may be executed in in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent.. Authorized by iText Software Corp. insert date [ ]

Appears in 1 contract

Samples: Software License Agreement

CLOSING PROVISIONS. i. The relationship between the parties is that of independent contractors and not partners, joint venturers, principals, agents, franchisees or employees of each other, and neither party shall have authority to bind or otherwise obligate the other in any manner whatsoever. ii. This License Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. By entering into this License Agreement, You waive the right to invoke any provisions of a AGPL Software license. iiiii. No modification of this Agreement License Agreement, and no waiver of any breach thereofof this License Agreement, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this License Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iiiiv. Any invalidity or unenforceability of any term of this License Agreement shall not affect the other terms thereof. iv. v. Neither party shall be liable for, nor shall either party be considered in breach of this License Agreement due to, any failure to perform its obligations under this License Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this License Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. vi. The parties do not intend, nor shall any clause be interpreted, to create any obligations for ISA under this License Agreement in favor of any third party. vii. All provisions in this License Agreement that are intended to have effect thereafter, will survive termination of this Agreement. vi. Company shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this Agreement) the Software or any components or copies thereof in such a manner as to violate the Belgian export laws and regulations which are in effect from time to time. viiviii. This License Agreement may be executed in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent.. Authorized by iText Software Asia Pvt Ltd. [insert date]

Appears in 1 contract

Samples: Software License Agreement

CLOSING PROVISIONS. i. The relationship between the parties is that of independent contractors and not partners, joint venturers, principals, agents, franchisees or employees of each other, and neither party shall have authority to bind or otherwise obligate the other in any manner whatsoever. ii. This License Agreement reflects the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, negotiations and other written or oral communications between the parties with respect to its subject matter. By entering into this License Agreement, You waive the right to invoke any provisions of a AGPL Software license. iiiii. No modification of this Agreement License Agreement, and no waiver of any breach thereofof this License Agreement, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this License Agreement, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach thereof. iiiiv. Any invalidity or unenforceability of any term of this License Agreement shall not affect the other terms thereof. iv. v. Neither party shall be liable for, nor shall either party be considered in breach of this License Agreement due to, any failure to perform its obligations under this License Agreement (other than a failure to pay amounts due) as a result of a cause beyond its control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other utility, failure to perform by any supplier or other third party, or other cause which could not have been prevented with reasonable care (each, a “Force Majeure Event”). In the event that either party is unable to perform any of its obligations under this License Agreement, or to enjoy any of its benefits because of a Force Majeure Event, the party that has been so effected shall immediately give notice to the other party and shall do everything possible to overcome and mitigate the cause of the defaults or delays as promptly as possible in order to resume its performance. v. vi. The parties do not intend, nor shall any clause be interpreted, to create any obligations for ISC under this License Agreement in favor of any third party. vii. All provisions in this License Agreement that are intended to have effect thereafter, will survive termination of this Agreement. viviii. Company You shall not, directly or indirectly, export, re-export, or transfer (to the extent permitted by this License Agreement) the licensed Software or any components or copies thereof in such a manner as to violate the Belgian export laws and regulations of the United States which are in effect from time to time. You shall indemnify and hold harmless ISC from and against any and all losses incurred by ISC as a result of Your breach of this provision. viiix. This License Agreement may be executed in in any number of counterparts and when so executed, all of such counterparts shall constitute a single instrument binding upon all parties notwithstanding the fact that all parties are not signatory to the original or to the same counterpart. Execution and delivery of the Agreement may be evidenced by facsimile transmission, by file(s) in Portable Document Format attached to email communications or by click consent.. insert date Authorized by iText Software Corp. [ ]

Appears in 1 contract

Samples: Software License Agreement

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