Pre-release Product Additional Terms Sample Clauses

Pre-release Product Additional Terms. If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Codehost, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and Codehost disclaims any warranty or liability obligations to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, CODEHOST'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE
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Pre-release Product Additional Terms. If the product you have received with this license is pre-commercial release, alpha or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from AVAIL, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and AVAIL, disclaims any warranty or liability obligations to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, AVAIL'S LIABILITY SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that AVAIL has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future that AVAIL has no express or implied obligation to you to announce or introduce the Pre-release Software and that AVAIL may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by AVAIL, you will provide feedback to AVAIL regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, such as the AVAIL, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by AVAIL of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from AVAIL and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are ...
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Pre-release Product Additional Terms. If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Plenom, and may contain bugs, errors and other problems that could cause system or other failures and data loss.
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Pre-release Product Additional Terms. If the product the End User has received with this license is pre-commercial release or beta Software (“Pre-release Software”), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. The End User acknowledges that the Software is a pre-release version, does not represent final product from Data911, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to the End User “AS-IS”, and Data911 disclaims any warranty or liability obligations to
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Pre-release Product Additional Terms. 1. If the product you have received with this license is pre- commercial release or beta Software ("Pre-release Software"), then the following Section applies.
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Pre-release Product Additional Terms. PRE-SEASONAL FASHION. If the product you have received with this Licence is pre-commercial release or beta Garment (“Pre-release Garment”), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Garment, but only to the extent necessary to resolve the conflict in relation to the Fashion System. You acknowledge that the Garment is a pre-release version, does not represent final product from >self_passage< and may be one season ahead that could cause hidden envy or other psycho-social failures and fashion magazine freak out. Consequently, the Pre-release Garment is provided to you “AS-IS”, and >self_passage<disclaims any warranty or liability obligations to you of any kind. WHERE FASHIONABLE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE GARMENT, BUT IT MAY BE LIMITED, >SELF_PASSAGE<’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO ONE SEASON IN TOTAL. BUT IF THE PRE-RELEASE GARMENT IS NOT IN FASHION THE NEXT SEASON YOU ARE APPEARANTLY NOT A PART OF THE FASHION SYSTEM. You acknowledge that >self_passage<has not promised or guaranteed to you that Pre-release Garment will be announced or made available to anyone in the future nor shown at any catwalk, that >self_passage<has no express or implied obligation to you to announce or introduce the Pre-release Garment to the fashion market and that >self_passage<may not introduce a product similar to or in style with the Pre-release Garment. Accordingly, you acknowledge that any show-off that you perform regarding the Pre-release Garment or any product associated with the Pre-release Garment is done entirely at your own risk. During the term of this Agreement, if requested by >self_passage< you will provide feedback to >self_passage<regarding testing, popularity, sexual achievements and use of the Pre-release Garment, including errors, loss of status or unpopularity. If you have been provided the Pre-release Garment pursuant to a separate written agreement, such as the >self_passage< Incorporated Serial Agreement for Unreleased Products, your use of the Garment is also visually controlled by such agreement. You agree that you may not and certify that you will not subLicence, lease, loan, rent, or transfer the Pre-release Garment or its Simulated value or Status. Upon receipt of a later unreleased version of the Pre-rele...
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Related to Pre-release Product Additional Terms

  • ADDITIONAL TERMS OF SERVICE The following additional terms of service (hereinafter “Additional Terms of Service”) will apply in the event that You are purchasing or subscribing for one or more of the following Services in addition to the Terms and Conditions. To the extent that the Additional Terms of Services conflict with the Terms, the Additional Terms of Service, as may be applicable, will prevail.

  • Country Specific Terms Appendix A contains additional terms and conditions of the Agreement applicable to Participants residing in those countries. In addition, Appendix A also contains information and notices of exchange control and certain other issues of which the Participant should be aware.

  • Exhibit Containing Additional Terms Red Hat Enterprise Linux Server (Physical or Virtual Nodes) Red Hat Enterprise Linux for SAP HANA Red Hat Enterprise Linux Server Add-Ons: High Availability Load Balancer Resilient Storage Scalable File System Smart Management Extended Update Support Extended Life Cycle Support Physical Node: a physical system on which you install or execute all or a portion of the Software including, without limitation, a server, work station, laptop, blade or other physical system, as applicable: OR Virtual Node: an instance of the Software executed, in whole or in part, on a virtual machine. 1.A

  • Purchase Order Pricing/Product Deviation If a deviation of pricing/product on a Purchase Order or contract modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order. Termination for Convenience of TIPS Agreement Only TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS 0000 XX Xxx Xxxxx, Xxxxxxxxx, Xxxxx 00000. The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement. This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate a termination for convenience clause that meets the needs of the transaction based on applicable factors, such as funding sources or other needs. TIPS Member Purchasing Procedures Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are typically emailed to TIPS at xxxxxx@xxxx-xxx.xxx. • Awarded Vendor delivers goods/services directly to the participating member. • Awarded Vendor invoices the participating TIPS Member directly. • Awarded Vendor receives payment directly from the participating member. • Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, from the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS.

  • Product Specific Terms these terms apply to specific Products referenced in this section.

  • Work Order (s) means a detailed scope of work for a Service required by Transnet, including timeframes, Deliverable, Fees and costs for the supply of the Service to Transnet, which may be appended to this Agreement from time to time.

  • Purchase Order Flip via Ariba Network (AN) The online process allows suppliers to submit invoices via the AN for catalog and non- catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply “flipping” the purchase order into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within the system the Contractor’s trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract.

  • Additional Products Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.

  • Additional Products and Services Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

  • Shipment Terms Seller shall ship Goods in the method identified by AGILENT to permit Seller to meet the delivery date(s) identified by AGILENT on the face of this Order (“Delivery Date”). If Seller ships by any other method, Seller shall pay any resulting increase in the cost of freight. Except as specified below, shipments of Goods shall be FCA (as that term is defined in the Incoterms 2010 handbook) Seller's place of shipment/export, and title and risk of loss or damage shall pass from Seller to AGILENT upon Seller's delivery of the Goods to the designated carrier at the place of shipment/export. If AGILENT agrees to pay for applicable freight charges and duties as part of the purchase price, shipment shall be DDP, and title and risk of loss or damage shall pass from Seller to AGILENT upon Seller’s delivery of the Goods to the "Ship To" address identified by AGILENT on the face of this Order.

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