Common use of Entire Agreement; Modifications; Conflicts Clause in Contracts

Entire Agreement; Modifications; Conflicts. This Agreement constitutes the entire agreement between the parties with respect to the license of the Software, delivery of Support Services, and delivery of any Professional Services outlined in a SOW or Order Form (where relevant). Except as expressly provided in this Agreement, this Agreement supersedes and cancels all previous written and previous or contemporaneous oral communications, proposals, representations, and agreements relating to the subject matter contained in this Agreement. This Agreement prevails over any pre-printed terms or other conflicting or additional terms of any purchase order, ordering document, acknowledgement, click through agreement or terms, or confirmation or other document issued or made available by Customer, even if signed and returned or otherwise accepted. Additionally, with respect to any Software licensed under this Agreement, this Agreement supersedes and cancels any “click wrap” or “click accept” or any web-based agreement incorporated into the Software or accepted by an Authorized User in connection with access to the license keys or otherwise. Except as expressly provided in this Agreement, this Agreement may be amended, or any term or condition of it waived, only by a writing executed by both parties. Unless otherwise specifically set out in this Agreement, in the event of a conflict between this Agreement and the terms of any SOW or Order Form, the terms of the SOW or Order Form will prevail but only to the extent the applicable term in the Agreement is expressly superseded in the SOW or Order Form.

Appears in 2 contracts

Samples: Kong Customer Agreement, Kong Customer Agreement

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Entire Agreement; Modifications; Conflicts. This Agreement constitutes the entire agreement between the parties with respect to the license of the Software, delivery of Support and Maintenance Services, and delivery of any Professional Services outlined in a SOW or Order Form (where relevant). Except as expressly provided in this Agreement, this Agreement supersedes and cancels all previous written and previous or contemporaneous oral communications, proposals, representations, and agreements relating to the subject matter contained in this Agreement. This Agreement prevails over any pre-printed terms or other conflicting or additional terms of any purchase order, ordering document, acknowledgement, click through agreement or terms, or confirmation or other document issued or made available by Customer, even if signed and returned or otherwise accepted. Additionally, with respect to any Software licensed under this Agreement, this Agreement supersedes and cancels any “click wrap” or “click accept” or any web-based agreement incorporated into the Software or accepted by an Authorized User in connection with access to the license keys or otherwise. Except as expressly provided in this Agreement, this Agreement may be amended, or any term or condition of it waived, only by a writing executed by both parties. Unless otherwise specifically set out in this Agreement, in the event of a conflict between this Agreement these terms and the terms of conditions and any SOW or Order FormOrder, the these terms of the SOW or Order Form and conditions will prevail but only to the extent the applicable term in the Agreement is expressly superseded in the SOW or Order Formprevail.

Appears in 1 contract

Samples: Master Software License Agreement

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Entire Agreement; Modifications; Conflicts. This Agreement constitutes the entire agreement between the parties with respect to the license of the SoftwareProduct, delivery of Support Services, and delivery of any Professional Services outlined in a SOW or Order Form (where relevant). Except as expressly provided in this Agreement, this Agreement supersedes and cancels all previous written and previous or contemporaneous oral communications, proposals, representations, and agreements relating to the subject matter contained in this Agreement. This Agreement prevails over any pre-printed terms or other conflicting or additional terms of any purchase order, ordering document, acknowledgement, click through agreement or terms, or confirmation or other document issued or made available by Customer, even if signed and returned or otherwise accepted. Additionally, with respect to any Software licensed Product purchased under this Agreement, this Agreement supersedes and cancels any “click wrap” or “click accept” or any web-based agreement incorporated into the Software Product or accepted by an Authorized User in connection with access to the license keys or otherwise. Except as expressly provided in this Agreement, this Agreement may be amended, or any term or condition of it waived, only by a writing executed by both parties. Unless otherwise specifically set out in this Agreement, in the event of a conflict between this Agreement and (i) any Product-Specific Terms, the terms of Product-Specific Terms will govern, and (ii) any SOW Order Form or Order FormSOW, the terms of the SOW or Order Form or SOW will prevail but only to the extent the applicable term in the Agreement is expressly superseded in the SOW Order Form or Order FormSOW.

Appears in 1 contract

Samples: Kong Customer Agreement

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