Common use of Entire Agreement; Severability; No Waiver Clause in Contracts

Entire Agreement; Severability; No Waiver. The Agreement is the entire agreement between you and the Licensor and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Product or to subject matter of the Agreement. You acknowledge that you have read the Agreement, understand it and agree to be bound by its terms. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of the Licensor provided that no waiver of any breach of any provisions of the Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Licensor’s failure to insist upon or enforce strict performance of any provision of the Agreement or any right shall not be construed as a waiver of any such provision or right.

Appears in 4 contracts

Samples: End User License Agreement, End User License Agreement (Eula), End User License Agreement

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Entire Agreement; Severability; No Waiver. The This Agreement is the entire agreement between you You and the Licensor Rightholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Product Software or to subject matter of the this Agreement. You acknowledge that you You have read the this Agreement, understand it and agree to be bound by its terms. If any provision of the this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you You and an authorized representative of the Licensor Rightholder provided that no waiver of any breach of any provisions of the this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. LicensorThe Rightholder’s failure to insist upon or enforce strict performance of any provision of the this Agreement or any right shall not be construed as a waiver of any such provision or right.

Appears in 3 contracts

Samples: End User License Agreement (Eula), End User License Agreement (Eula), End User License Agreement (Eula)

Entire Agreement; Severability; No Waiver. The This Agreement is the entire agreement between you and the Licensor AUTHOR and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Product or to subject matter of the this Agreement. You acknowledge that you have read the this Agreement, understand it and agree to be bound by its terms. If any provision of the this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of the Licensor AUTHOR provided that no waiver of any breach of any provisions of the this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. LicensorAUTHOR’s failure to insist upon or enforce strict performance of any provision of the this Agreement or any right shall not be construed as a waiver of any such provision or right.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Entire Agreement; Severability; No Waiver. The 14.1. This Agreement is the entire agreement between you and the Licensor Rightholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Product Software or to subject matter of the this Agreement. You acknowledge that you have read the this Agreement, understand it and agree to be bound by its terms. 14.2. If any provision of the this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. 14.3. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of the Licensor Rightholder provided that no waiver of any breach of any provisions of the this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Licensor’s Rightholder's failure to insist upon or enforce strict performance of any provision of the this Agreement or any right shall not be construed as a waiver of any such provision or right.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Entire Agreement; Severability; No Waiver. The 14.1. This Agreement is the entire agreement between you You and the Licensor Rightholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Product Software or to subject matter of the this Agreement. You acknowledge that you You have read the this Agreement, understand it and agree to be bound by its terms. If any provision of the this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you You and an authorized representative of the Licensor Rightholder provided that no waiver of any breach of any provisions of the this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Licensor’s Rightholder's failure to insist upon or enforce strict performance of any provision of the this Agreement or any right shall not be construed as a waiver of any such provision or right.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

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Entire Agreement; Severability; No Waiver. The 12.1. This Agreement is the entire agreement between you and the Licensor Rightholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Product Software or to subject matter of the this Agreement. You acknowledge that you have read the this Agreement, understand it and agree to be bound by its terms. If any provision of the this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of the Licensor Rightholder provided that no waiver of any breach of any provisions of the this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Licensor’s Rightholder's failure to insist upon or enforce strict performance of any provision of the this Agreement or any right shall not be construed as a waiver of any such provision or right.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Entire Agreement; Severability; No Waiver. The 15.1. This Agreement is the entire agreement between you and the Licensor Rightholder and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Product Software or to the subject matter of the this Agreement. You acknowledge that you have read the this Agreement, understand it and agree to be bound by its terms. If any provision of the this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of the Licensor Rightholder provided that no waiver of any breach of any provisions of the this Agreement will constitute a waiver of any prior, concurrent or subsequent breach. LicensorRightholder’s failure to insist upon or enforce strict performance of any provision of the this Agreement or any right shall not be construed as a waiver of any such provision or right.

Appears in 1 contract

Samples: User License Agreement

Entire Agreement; Severability; No Waiver. The Agreement is the entire agreement between you You and the Licensor and supersedes any other prior agreements, proposals, communications or advertising, oral or written, with respect to the Product or to subject matter of the Agreement. You acknowledge that you You have read the Agreement, understand it and agree to be bound by its terms. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part, such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you You and an authorized representative of the Licensor provided that no waiver of any breach of any provisions of the Agreement will constitute a waiver of any prior, concurrent or subsequent breach. Licensor’s failure to insist upon or enforce strict performance of any provision of the Agreement or any right shall not be construed as a waiver of any such provision or right.

Appears in 1 contract

Samples: End User License Agreement (Eula)

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