Entire Agreement; Waiver; Priority; Severability. This Agreement constitutes the entire agreement between the Parties, and supersedes all prior written and oral agreements and communications related to the subject matter of this Agreement. Any modifications to this Agreement must be in writing and signed by the duly authorized representatives of the Parties. Any waiver under this Agreement must be in writing and signed by the Party granting the waiver. A waiver granted under this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other provision of this Agreement. No failure or delay by either Party in exercising any right under this Agreement will constitute a waiver of that right. In the event of any conflict between any provision of this Agreement and any Order Forms incorporated and made part of this Agreement, such conflict will be resolved by giving precedence to the Order Form(s). Any contrary or additional terms and conditions included in any purchase order or similar document (printed or online) related to this Agreement will be invalid and non-binding, even if received, accepted, approved, or signed by a Party. If any provision of this Agreement is held invalid or unenforceable, the provision will be limited to the minimum effect necessary and the remaining provisions of this Agreement will remain binding and enforceable. This Agreement may be executed in one or more counterparts, with the same effect as if the Parties had signed the same document. The Parties agree to the use of digital signatures. The duly authorized representative(s) of each Party accepts the terms of this Agreement by signing below.
Entire Agreement; Waiver; Priority; Severability. This Agreement constitutes the entire agreement between the Parties, and supersedes all prior written and oral agreements and communications related to the subject matter of this Agreement. Any modifications to this Agreement must be in writing and signed by the duly authorized representatives of the Parties. Any waiver under this Agreement must be in writing and signed by the Party granting the waiver. A waiver granted under this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other provision of this Agreement. No failure or delay by either Party in exercising any right under this Agreement will constitute a waiver of that right. In the event of any conflict between any provision of this Agreement and any exhibits incorporated and made part of this Agreement, such conflict will be resolved by giving precedence to the Agreement. YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY SOFTWARE AG CLOUD SERVICES TO WHICH THESE TERMS AND CONDITIONS APPLY (“CLOUD SERVICES”). THE USE OF ANY CLOUD SERVICES WILL INDICATE ACCEPTANCE OF THESE TERMS AND CONDITIONS AND CONSENT TO BE BOUND BY THEM. YOU HAVE AUTHORITY TO ACT ON BEHALF OF YOUR COMPANY (“CUSTOMER”) IN DEALING WITH THE RELEVANT SOFTWARE AG GROUP COMPANY (“SUPPLIER”).
