Common use of Precedence of Documents Clause in Contracts

Precedence of Documents. The terms and conditions of this Agreement, insofar as they relate to the rights licensed to the Software will control over any conflicting or inconsistent terms contained in any Quote, or Spirent invoice unless otherwise mutually agreed to in writing. No terms in any quotation, purchase quote, acknowledgment or other form provided by Customer will modify this Agreement, regardless of whether Spirent objects to such terms, and any such additional or conflicting terms are expressly rejected. Notwithstanding Section 9.7, the terms and conditions of this Agreement insofar as they relate to matters other than the rights licensed to the Software shall be subject to the terms and conditions of the master purchase agreement between Spirent and Customer (if any) (the “Master Agreement”) only to the extent that such Master Agreement expressly contradicts the terms and conditions of this Agreement.

Appears in 4 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

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Precedence of Documents. The terms and conditions of this Agreement, insofar as they relate to the rights licensed to the Software will control over any conflicting or inconsistent terms contained in any Quote, or Spirent invoice unless otherwise mutually agreed to in writing. No terms in any quotation, purchase quote, acknowledgment or other form provided by Customer will modify this Agreement, regardless of whether Spirent objects to such terms, and any such additional or conflicting terms are expressly rejected. Notwithstanding Section 9.78.7, the terms and conditions of this Agreement insofar as they relate to matters other than the rights licensed to the Software shall be subject to the terms and conditions of the master purchase agreement between Spirent and Customer (if any) (the “Master Agreement”) only to the extent that such Master Agreement expressly contradicts the terms and conditions of this Agreement.

Appears in 4 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

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Precedence of Documents. The terms and conditions of this Agreement, insofar as they relate to the rights licensed to the Software will control over any conflicting or inconsistent terms contained in any Quote, or Spirent invoice unless otherwise mutually agreed to in writing. No terms in termsin any quotation, purchase quote, acknowledgment or other form provided by Customer will modify this Agreement, regardless of whether Spirent objects to such terms, and any such additional or conflicting terms are expressly rejected. Notwithstanding Section 9.7, the terms and conditions of this Agreement insofar as they relate to matters other than the rights licensed to the Software shall be subject to the terms and conditions of the master purchase agreement between Spirent and Customer (if any) (the “Master Agreement”) only to the extent that such Master Agreement expressly contradicts the terms and conditions of this Agreement.

Appears in 3 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

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