Common use of Delivery and Installation of Software Clause in Contracts

Delivery and Installation of Software. Once an LSDA for Software is accepted by SISW, delivery of the Software identified in the LSDA will occur when SISW makes the Software available to Customer by means of electronic download from a website specified by SISW. Physical shipment of the media may be done at SISW’s option and will occur as an accommodation to Customer or because certain elements of the Software are not available for electronic download. If a Customer’s installation location resides in a taxing jurisdiction that does not apply a transactional tax (such as sales tax) to electronic deliveries only, and Customer desires to avail itself of such provisions, then Customer must opt out of receiving physical shipments and execute an electronic delivery exception form, as specified by SISW, to arrange for electronic delivery only. The Software will be delivered subject to EXW (Incoterms 2010) for deliveries that occur entirely within the United States, Russia, China or India. All other Software will be delivered subject to DAP (Incoterms 2010).

Appears in 5 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

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Delivery and Installation of Software. Once an LSDA for Software is accepted by SISWBCKS, delivery of the Software identified in the LSDA will occur when SISW BCKS makes the Software available to Customer by means of electronic download from a website specified by SISWBCKS. Physical shipment of the media may be done at SISWBCKS’s option and will occur as an accommodation to Customer or because certain elements of the Software are not available for electronic download. If a Customer’s installation location resides in a taxing jurisdiction that does not apply a transactional tax (such as sales tax) to electronic deliveries only, and Customer desires to avail itself of such provisions, then Customer must opt out of receiving physical shipments and execute an electronic delivery exception form, as specified by SISWBCKS, to arrange for electronic delivery only. The Software will be delivered subject to EXW (Incoterms 2010) for deliveries that occur entirely within the United States, Russia, China or India. All other Software will be delivered subject to DAP (Incoterms 2010).

Appears in 1 contract

Samples: License Agreement

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