Flexera Confidential operation without a successor; (c) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within sixty (60) days thereafter); or (d) materially violates the other party’s intellectual property rights.
Flexera Confidential participated equally in negotiating and preparing this Agreement or have had equal opportunity to do so. The parties waive the benefit of any statute, law or rule providing that in cases of uncertainty, contract language should be interpreted most strongly against the party who caused the uncertainty to exist. The headings and titles to the articles and sections of this Agreement are inserted for convenience only and will not be deemed a part hereof or affect the construction or interpretation of any provision hereof.
Flexera Confidential. Software in accordance with the License Level. Audits will (i) only be performed during the term of this Agreement, (ii) require prior notice of at least thirty (30) days, (iii) be conducted during regular business hours, (iv) not unreasonably interfere with the audited party’s business activities, (v) be conducted no more than once per year, and (vi) only cover the immediately preceding two (2) years. If an audit reveals that Licensee intentionally misrepresented its certification, then Licensee shall pay Flexera’s reasonable costs of conducting the audit in addition to any other fees due or refunds required and Flexera may immediately terminate this Agreement and/or all outstanding Orders.
Flexera Confidential. Flexera will not agree to any settlement that admits fault or attributes liability or otherwise imposes any affirmative obligation of Licensee without first obtaining Licensee’s prior written consent.
Flexera Confidential. Exhibit 1 Product Specific Terms The terms and conditions to follow apply to the specific Products licensed by Licensee under the terms of this Agreement.
Flexera Confidential. App Portal
Flexera Confidential. Cloud Asset Insights
Flexera Confidential. Content Packs
Flexera Confidential. FlexNet Manager for Clients and Data Centers
Flexera Confidential. FlexNet Manager for SAP
