Common use of Procurement Under This Agreement Clause in Contracts

Procurement Under This Agreement. Company may secure Products under this Agreement by one of three methods: a. Procurement Through a Reseller. Typically, Company will secure a Quote for Products from a Reseller of Trend Micro Products. Based on such Quote, Orders by Company will be sent to the Reseller at such prices, discounts, and on invoice and payment terms as agreed solely by Company and its Reseller. Company understands that if an Order is placed with a Reseller, the Reseller can place an order with Trend Micro for Products (either directly through Trend Micro or through a Trend Micro distributor) as requested by Company, but such Order is and will be subject to acceptance or rejection by Trend Micro at its discretion. Based on documents submitted by the Reseller, Trend Micro will reject or accept the Order, which acceptance is signified by Trend Micro’s issuance of its License Certificate. Except for the matters agreed in the first sentence of this paragraph between the Reseller and Company, all other rights, obligations, terms, conditions, limitations, and exclusions regarding Products that are Ordered by Company are exclusively set forth in this Agreement. All payments by Company for Products will be made directly to the Reseller and never to Trend Micro. Company acknowledges that each Reseller is an independent contractor and in no event or circumstance will any Reseller now or hereafter be deemed a joint venturer, partner, fiduciary, or agent of Trend Micro and NO Reseller has been or will be authorized or permitted to have a right to create any binding obligation, responsibility, duty, liability, warranty, guaranty, or any otherwise contract for or act on behalf of Trend Micro or waive or renounce any right of Trend Micro or modify any right, obligation, or agreement of Company set forth in this Agreement.

Procurement Under This Agreement. Company may secure Products under this Agreement by one of three two methods: a. Procurement Through a Reseller. Typically, Company will secure a Quote for Products from a Reseller of Trend Micro Products. Based on such Quote, Orders by Company will be sent to the Reseller at such prices, discounts, and on invoice and payment terms as agreed solely by Company and its Reseller. Company understands that if an Order is placed with a Reseller, the Reseller can place an order with Trend Micro for Products (either directly through Trend Micro or through a Trend Micro distributor) as requested by Company, but such Order is and will be subject to acceptance or rejection by Trend Micro at its discretion. Based on documents submitted by the Reseller, Trend Micro will reject or accept the Order, which acceptance is signified by Trend Micro’s issuance of its License Certificate. Except for the matters agreed in the first sentence of this paragraph between the Reseller and Company, all other rights, obligations, terms, conditions, limitations, and exclusions regarding Products that are Ordered by Company are exclusively set forth in this Agreement. All payments by Company for Products will be made directly to the Reseller and never to Trend Micro. Company acknowledges that each Reseller is an independent contractor and in no event or circumstance will any Reseller now or hereafter be deemed a joint venturer, partner, fiduciary, or agent of Trend Micro and NO Reseller has been or will be authorized or permitted to have a right to create any binding obligation, responsibility, duty, liability, warranty, guaranty, or any otherwise contract for or act on behalf of Trend Micro or waive or renounce any right of Trend Micro or modify any right, obligation, or agreement of Company set forth in this Agreement.

Procurement Under This Agreement. Company may secure Products under this Agreement by one of three methods: a. Procurement Through a Reseller. Typically, Company will secure a Quote for Products from a Reseller of Trend Micro TXOne Networks Products. Based on such Quote, Orders by Company will be sent to the Reseller at such prices, discounts, and on invoice and payment terms as agreed solely by Company and its Reseller. Company understands that if an Order is placed with a Reseller, the Reseller can place an order with Trend Micro TXOne Networks for Products (either directly through Trend Micro TXOne Networks or through a Trend Micro TXOne Networks distributor) as requested by Company, but such Order is and will be subject to acceptance or rejection by Trend Micro TXOne Networks at its discretion. Based on documents submitted by the Reseller, Trend Micro TXOne Networks will reject or accept the Order, which acceptance is signified by Trend Micro’s TXOne Networks’ issuance of its License Certificate. Except for the matters agreed in the first sentence of this paragraph between the Reseller and Company, all other rights, obligations, terms, conditions, limitations, and exclusions regarding Products that are Ordered by Company are exclusively set forth in this Agreement. All payments by Company for Products will be made directly to the Reseller and never to Trend MicroTXOne Networks. Company acknowledges that each Reseller is an independent contractor and in no event or circumstance will any Reseller now or hereafter be deemed a joint venturer, partner, fiduciary, or agent of Trend Micro TXOne Networks and NO Reseller has been or will be authorized or permitted to have a right to create any binding obligation, responsibility, duty, liability, warranty, guaranty, or any otherwise contract for or act on behalf of Trend Micro TXOne Networks or waive or renounce any right of Trend Micro TXOne Networks or modify any right, obligation, or agreement of Company set forth in this Agreement.

Procurement Under This Agreement. Company Ordering Activity may secure Products under this Agreement by one of three methodsby: a. Procurement Through a Reseller. Typically, Company Reseller will secure provide to Ordering Activity a Quote for Products from a Reseller of Trend Micro Productsbased on prices set out in the Schedule Price List. Based on such Quote, Orders by Company will be sent to the Reseller at such prices, discounts, and on invoice and payment terms as agreed solely by Company and its Reseller. Company Ordering Activity understands that if an Order is placed with a Reseller, the Reseller can place an order with Trend Micro for Products (either directly through Trend Micro or through a Trend Micro distributor) as requested by Company, but such Order is and will be subject to acceptance or rejection by Trend Micro at its discretion. Based on documents submitted by the Reseller, Trend Micro will reject or accept the Order, which acceptance is signified by Trend Micro’s issuance of its License CertificateOrdering Activity. Except for the matters agreed in the first sentence of this paragraph between the Reseller and CompanyOrdering Activity, all other rights, obligations, terms, conditions, limitations, and exclusions regarding Products that are Ordered by Company Ordering Activity are exclusively set forth in this Agreement. All payments by Company Ordering Activity for Products will be made directly to the Reseller and never to Trend Micro. Company Ordering Activity acknowledges that each Reseller is an independent contractor and in no event or circumstance will any Reseller now or hereafter be deemed a joint venturer, partner, fiduciary, or agent of Trend Micro and NO Reseller has been or will be authorized or permitted to have a right to create any binding obligation, responsibility, duty, liability, warranty, guaranty, or any otherwise contract for or act on behalf of Trend Micro or waive or renounce any right of Trend Micro or modify any right, obligation, or agreement of Company Ordering Activity set forth in this Agreement.