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.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Entire Agreement and Controlling Documents. This Agreement, including all Exhibits hereto and all Order SchedulesForms, 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 Forms and that are duly signed by the authorized representatives of both parties may amend this Agreement or such Order ScheduleForms. 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 PersiviaCloudBolt. 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.
Appears in 1 contract
Samples: Cloudbolt Master Software License, Saas and Services Agreement
Entire Agreement and Controlling Documents. This Agreement, including all Exhibits hereto and all Product Order SchedulesForms and SOWs, 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 Product Order Schedule Form or SOW and that are duly signed by the authorized representatives of both parties may amend this Agreement or such Product Order ScheduleForm or SOW. 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 PersiviaMobilisafe. 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.
Appears in 1 contract
Samples: Master Service and License Agreement