Enterprise Language. The parties agree that more than one agency of the DoD may license products under this Agreement, provided that any use of products by any agency must be made pursuant to one or more executed purchase orders or purchase documents submitted by each applicable agency seeking to use the licensed product. The parties agree that, if the licensee is a “DoD Department or Agency” as defined by the 48 Code of Federal Regulations, section 202.101, and to include the Intelligence Community and the US Coast Guard, the terms and conditions of this Agreement apply to any purchase of products made by the DoD, and that the terms and conditions of this Agreement become part of the purchase document without further need for execution. The parties agree the terms of this Agreement supersede and take precedence over the terms included in any purchase order, terms of any shrink-wrap agreement included with the licensed software, terms of any click through agreement included with the licensed software, or any other terms purported to apply to the licensed software, including any Licensor’s published policy or program documentation or customer ordering documents. It is also understood by both parties that any Licensor policies, URLs referencing other terms, conditions or policies or educational documents will not be considered part of this license agreement.
Enterprise Language. The parties agree that more than one agency of the Commonwealth may license products under this Agreement, provided that any use of products by any agency must be made pursuant to one or more executed purchase orders or purchase documents submitted by each applicable agency seeking to use the licensed product. The parties agree that, if the licensee is a “Commonwealth Agency” as defined by the Commonwealth Procurement Code, 62 Pa.C.S. § 103, the terms and conditions of this Agreement apply to any purchase of products made by the Commonwealth, and that the terms and conditions of this Agreement become part of the purchase document without further need for execution. The parties agree that the terms of this Agreement supersede and take precedence over the terms included in any purchase order, terms of any shrink-wrap agreement included with the licensed software, terms of any click through agreement included with the licensed software, or any other terms purported to apply to the licensed software.
Enterprise Language. (a) The parties agree that more than one agency of the Commonwealth (“Commonwealth Agency”) may license products subject to this Agreement, provided that the procurement of any Licensed Products by any Commonwealth Agency must be made pursuant to one or more executed purchase orders or purchase documents submitted by each Commonwealth Agency seeking to use the Licensed Products.
Enterprise Language. The parties agree that more than one agency of the Commonwealth may license products under this Agreement, provided that any use of products by any agency must be made pursuant to one or more executed purchase orders or purchase documents submitted by each applicable agency seeking to use the Licensed Product. Products specified in Attachment 1, along with support and services for said products, shall be referred to as “Licensed Products.” The parties agree that, if the licensee is a “Commonwealth Agency” as defined by Section 103 of the Commonwealth Procurement Code, 62 Pa. C. S. § 103, the terms and conditions of this Agreement apply to any purchase of Licensed Products made by the Commonwealth, and that the terms and conditions of this Agreement become part of the purchase document without further need for execution. The parties agree that the terms of this Agreement supersede and take precedence over the terms included in any purchase order, terms of any shrink-wrap agreement included with the Licensed Products, terms of any click through agreement included with the Licensed Products or any other terms purported to apply to the Licensed Products, including any products eligible for coverage under this Agreement where a legally executed agreement for the same covered product, regardless of version, was not in effect, even if procured by the Commonwealth prior to the effective date of the Agreement. This does not apply to Commonwealth agency agreements executed pursuant to the Commonwealth Procurement Code, 62 Pa. C. S. §§ 101—4102, and the Commonwealth Attorneys’ Act, 71 P.S. §§ 732-101—732-506. Choice of Law/Venue/Immunity: This Agreement shall be interpreted in accordance with and governed by the laws of the Commonwealth of Pennsylvania, without giving effect to its conflicts of law provisions. Except as set forth in Section 21 of this Agreement, the courts of the Commonwealth of Pennsylvania and the federal courts of the Middle District of Pennsylvania shall have exclusive jurisdiction over disputes under this Contract and the resolution thereof. No provision in this Agreement shall be construed to limit the sovereign immunity of the Commonwealth.
Enterprise Language. The parties agree that more than one agency of the DoD may license Licensed Software under this Agreement, provided that any use of Licensed Software by any agency must be made pursuant to one or more executed purchase orders or purchase documents submitted by each applicable agency seeking to use the Licensed Software. The parties agree that, if the licensee is a “DoD Department or Agency” as defined by the 48 Code of Federal Regulations, section 202.101, and to include the Intelligence Community and the US Coast Guard, the terms and conditions of this Agreement apply to any purchase of Licensed Software made by the DoD, and that the terms and conditions of this Agreement become part of the purchase document without further need for execution. The parties agree the terms of this Agreement supersede and take precedence over the terms included in any purchase order, terms of any shrink-wrap agreement included with the licensed software, terms of any click through agreement included with the licensed software, or any other terms purported to apply to the licensed software, including any Publisher’s published policy or program documentation or customer ordering documents. It is also understood by both parties that any Publisher policies, URLs referencing other terms, conditions or policies or educational documents will not be considered part of this license agreement.
Enterprise Language. The parties agree that more than one agency of the Commonwealth may license products under this Agreement, provided that any use of products by any agency must be made pursuant to one or more executed purchase orders or purchase documents submitted by each applicable agency seeking to use the Licensed Product. The parties agree that, if the licensee is a “Commonwealth Agency” as defined by the Commonwealth Procurement Code, 62 Pa. C.S. § 103, the terms and conditions of this Agreement apply to any purchase of products made by the Commonwealth, and that the terms and conditions of this Agreement become part of the purchase document without further need for execution. The parties agree that the terms of this Agreement supersede and take precedence over the terms included in any purchase order, terms of any shrink-wrap agreement included with the Licensed Product, terms of any click through agreement included with the licensed software, or any other terms purported to apply to the Licensed Product. Products specified in Attachment 1, along with support and services for said products, shall be referred to as “Licensed Products.” Choice of Law/Venue: This Agreement shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws. Venue for any actions will be in the appropriate court in the Commonwealth. Indemnification: The Commonwealth does not have the authority to and shall not indemnify any entity. The Commonwealth agrees to pay for any loss, liability or expense, which arises out of or relates to the Commonwealth’s acts or omissions with respect to its obligations hereunder, where a final determination of liability on the part of the Commonwealth is established by a court of law or where settlement has been agreed to by the Commonwealth. This provision shall not be construed to limit the Commonwealth’s rights, claims or defenses that arise as a matter of law or pursuant to any other provision of this Agreement. This provision shall not be construed to limit the sovereign immunity of the Commonwealth.
Enterprise Language. The parties agree that more than one agency of the Commonwealth (“Commonwealth Agency”) may license products subject to this Agreement, provided that the procurement of any Licensed Products by any Commonwealth Agency must be made pursuant to one or more executed purchase orders or purchase documents submitted by each Commonwealth Agency seeking to use the Licensed Products. The parties agree that, if the licensee is a “Commonwealth Agency” as defined by Section 103 of the Commonwealth Procurement Code, 62 Pa. C. S. § 103, the terms and conditions of this Agreement apply to the procurement of any Licensed Products made by the Commonwealth, and that the terms and conditions of this Agreement become part of the purchase order or other procurement document without further need for execution.
Enterprise Language. The parties agree that more than one agency of the DoD may license Atlassian’s Products under this Agreement, provided that any use of Products by any agency must be made pursuant to one or more Orders executed by each applicable agency seeking to use the Product and the Authorized Reseller. The parties agree that, if the licensee is a “DoD Department or Agency” as defined by the 48 Code of Federal Regulations, section 202.101, and to include the Intelligence Community and the US Coast Guard, the terms and conditions of this Agreement apply to any purchase of Products made by the DoD, and that the terms and conditions of this Agreement become part of the purchase document without further need for execution. Except for those hyperlinks set out in the ASA, the parties agree the terms of this Agreement supersede and take precedence over the terms included in any purchase order, terms of any shrink-wrap agreement included with the Products, terms of any click through agreement included with the Products, or any other terms purported to apply to the licensed software, including any Licensor’s published policy or program documentation or Customer ordering documents. Notwithstanding the preceding sentence, this Agreement shall control over any conflicting terms in the hyperlinks set out in the ASA. Atlassian or third parties may from time to time make available to DoD (through the Atlassian Marketplace) Third-Party Products, including but not limited to add-ons and plugins as well as implementation, customization, training, and other consulting services. The DoD acknowledges and agrees that (i) the “Atlassian Marketplace” as used in the Master Subscription Agreement is included for reference purposes only, and (ii) the DoD will not make use of any Third-Party Product through the Atlassian Marketplace. If DoD procures any of these Third-Party Products, DoD does so under a separate agreement (and exchange of data) solely between DoD and the applicable DoD ESI Master License Agreement third-party vendor.
Enterprise Language. Licensor, on delivery of the products, subject to the placement of an order, will grant the DoD, a personal, nonexclusive, nontransferable (unless otherwise specified in this Agreement), royalty free license right and license to use the products and software and documentation for the internal business purposes set out within this Agreement. DoD will use the products, software and documentation in accordance with, and subject to all the terms, conditions and restrictions set forth within this Agreement. The parties agree that more than one agency of the DoD may license products under this Agreement, provided that any use of products by any agency must be made pursuant to one or more executed purchase orders or purchase documents submitted by each applicable agency seeking to use the licensed product. The parties agree that, if the licensee is a “DoD Department or Agency” as defined by the 48 Code of Federal Regulations, section 202.101, and to include the Intelligence Community and the US Coast Guard, the terms and conditions of this Agreement apply to any purchase of products made by the DoD, and that the terms and conditions of this Agreement become part of the purchase document without further need for execution. The parties agree the terms of this Agreement as it relates to the license of Software, supersede and take precedence over the terms included in any purchase order, terms of any shrink-wrap agreement included with the licensed software, terms of any click through agreement included with the licensed software, or any other terms purported to apply to the licensed software, including any Licensor’s published policy or program documentation or customer ordering documents. It is also understood by both parties that any Licensor policies, URLs referencing other terms, conditions or policies or educational documents will not be considered part of this license agreement.
Enterprise Language. The parties agree that more than one agency of the Commonwealth may license products under this Agreement, provided that any use of products by any agency must be made pursuant to one or more executed purchase orders or purchase documents submitted by each applicable agency seeking to use the Licensed Product. The parties agree that, if the licensee is a “Commonwealth Agency” as defined by the Commonwealth Procurement Code, 62 Pa. C.S. § 103, the terms and conditions of this Agreement apply to any purchase of products made by the Commonwealth, and that the terms and conditions of this Agreement become part of the purchase document without further need for execution. The parties agree that the terms of this Agreement supersede and take precedence over the terms included in any purchase order, terms of any shrink-wrap agreement included with the Licensed Product, terms of any click through agreement included with the licensed software, or any other terms purported to apply to the Licensed Product. Products specified in Attachment 1, along with support and services for said products, shall be referred to as “Licensed Products.” Choice of Law/Venue/Immunity: This Agreement shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws. Venue for any actions will be in the appropriate court in the Commonwealth. No provision in this Agreement shall be construed to limit the sovereign immunity of the Commonwealth.
