Entire Agreement and Controlling Documents. This Agreement, including all Exhibits hereto and all Order Schedules, contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. Only a written instrument that refers to this Agreement or the applicable Order Schedule and that are duly signed by the authorized representatives of both parties may amend this Agreement or such Order Schedule. Any inconsistent or conflicting terms and conditions contained in any purchase order issued by Customer shall be of no force or effect, even if the order is accepted by Persivia. This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof.
Entire Agreement and Controlling Documents. This Agreement, including the attached Terms and Conditions, contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their heirs, successors and assigns. Only a written instrument that refers to this Agreement and the applicable Terms and Conditions, duly signed by the authorized representatives of both parties, shall amend this Agreement or such Terms and Conditions. This Agreement shall apply to all Services to which Homeowner subscribes.
Entire Agreement and Controlling Documents. This Agreement, including all Exhibits hereto and all Quotes, contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the Parties relating thereto and is binding upon the Parties and their permitted successors and assigns. Only a written instrument that refers to this Agreement or the applicable Quote and that are duly signed by the authorized representatives of both Parties may amend this Agreement or such Quote. No terms and conditions of any Customer purchase order shall modify the terms and conditions of this Agreement, or add any additional or inconsistent terms for any reason or purpose whatsoever, regardless of any statement in a purchase order to the contrary. Any conflict between the terms and conditions set forth in this Agreement and any Quote shall be resolved in favor of the Quote.
Entire Agreement and Controlling Documents. This Agreement, including any SOWs and Order Schedules, contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. Only a written instrument that refers to this Agreement or the applicable SOW/Order Schedule and is duly signed by the authorized representatives of both parties may amend this Agreement or such SOW or Order Schedule. Boilerplate terms and conditions contained in any purchase order issued by Customer shall be of no force or effect, even if the order is accepted by CB. This Agreement shall apply to all Services ordered by Customer or delivered to Customer by CB. Any conflict between the terms and conditions set forth in this Agreement and any SOW or Order Schedule shall be resolved in favor of this Agreement unless such SOW or Order Schedule expressly references the conflicting provision that it is intended to control and states that it is to control.
Entire Agreement and Controlling Documents. This Agreement, including any Order Schedules, contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. Only a written instrument that refers to this Agreement or the applicable Order Schedule and is duly signed by the authorized representatives of both parties may amend this Agreement or such Order Schedule. The terms and conditions contained in any purchase order issued by Licensee shall be of no force or effect, even if the order is accepted by Turbonomic. In the event of a conflict in terms among the Agreement and an Order Schedule, the Agreement shall control unless the Order Schedule expressly states the provision that it intends to amend. This Agreement shall apply to all Software and Services ordered by Licensee or delivered to Licensee by Turbonomic.
Entire Agreement and Controlling Documents. This Agreement, including any Order Schedules, contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. Only a written instrument that refers to this Agreement or the applicable Order Schedule and is duly signed by the authorized representatives of both parties may amend this Agreement or such Order Schedule. The terms and conditions contained in any purchase order issued by Licensee shall be of no force or effect, even if the order is accepted by Aspera. In the event of a conflict in terms among the Agreement and an Order Schedule, the Agreement shall control unless the Order Schedule expressly states the provision that it intends to amend. This Agreement shall apply to all Software and Services ordered by Licensee or delivered to Licensee by Aspera.
Entire Agreement and Controlling Documents. This Agreement supersedes all other agreements, proposals, representations, communications, letters of intent, memoranda of understanding and other understandings regarding the subject matter hereof between You and Digital Guardian, whether oral or written. The terms and conditions of any purchase order or other instrument issued by You or Your agent in connection with this Agreement that are in addition to or inconsistent with the terms and conditions of this Agreement are null and void and will not be binding on Digital Guardian. Alterations or modifications of this Agreement will be valid only if made in a writing signed by both parties.
Entire Agreement and Controlling Documents. To the maximum extent permitted by applicable law, this Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements, proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. Only a written instrument that refers to this Agreement and is duly signed by the authorised representatives ofboth parties may amend this Agreement. This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning ofits terms, and there shall be no presumption or inference against the party drafting this• Agreement in construing or interpreting the provisions hereof.
Entire Agreement and Controlling Documents. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. Only a written instrument that refers to this Agreement and is duly signed by both authorized representatives of both parties may amend this Agreement. The terms and conditions contained in any purchase order issued by Licensee shall be of no force or effect, even if the order is accepted by Terascala. In the event of a conflict in terms among the Agreement and the Purchase Order, the Agreement shall control.
Entire Agreement and Controlling Documents. This Agreement entered into by the parties hereunder contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written, on the Licensor’s website or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. For the avoidance of confusion, if there is another valid, signed agreement or amendment with Licensor which applies to the specific Software, maintenance or services that other agreement shall control. Only a written instrument that refers to this Agreement and is duly signed by both authorized representatives of both parties may amend this Agreement. This Agreement shall apply to all software and services accessed by Licensee or delivered to Licensee by Licensor, except for products and/or services which are explicitly supplied under a separate written license or services agreement between the parties.
