Product Guide Sample Clauses

Product Guide. The Product Guide is incorporated by reference in this XXXX. To the extent that any terms and conditions in this XXXX or in the Product Guide are inconsistent with applicable federal law, they shall be deemed deleted and unenforceable as applied to your Order. In the event of conflict or inconsistency among the Product Guide and this XXXX, the Product Guide shall take precedence unless otherwise provided in an enterprise license agreement. This XXXX supersedes any conflicting or additional license terms contained in any purchase order, acknowledgement or confirmation, or other document issued by you for or regarding the Software.”
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Product Guide. In addition to the above sections, Your use of the Software is subject to the terms and conditions of the Product Guide, which is incorporated herein by reference.
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Product Guide. In addition to the above sections, Your use of the Software is subject to the terms and conditions of the Product Guide, which is incorporated herein by reference, but only to the extent that all terms and conditions in the Product Guide are consistent with Federal Law (e.g., the Anti-Deficiency Act (31 U.S.C. § 1341 and 41 U.S.C. §6301), the Contracts Disputes Act of 1978 (41. U.S.C. § 601-613), the Prompt Payment Act, the Anti-Assignment statutes (41 § U.S.C.6405), 28 U.S.C. § 516 (Conduct of Litigation Reserved to Department of Justice (DOJ), and 28 U.S.C. § 1498 (Patent and copyright cases)). To the extent the terms and conditions in the Product Guide or this XXXX are inconsistent with Federal Law (See FAR 12.212(a)), they shall be deemed deleted and unenforceable as applied to any Orders under this XXXX. GSA has not vetted or approved the contents of the Product Guide. For each version of the Software, VMware will not change the generally applicable terms of this XXXX for which the Customer obtains a license. This XXXX shall not be modified by any terms embedded in and/or delivered with any new release of the Software, including Major Releases, Minor Releases and Maintenance Releases, each as defined in the Support Services Terms, made available to You after the Effective Date of this XXXX, provided, however, that any new release of the Software will be subject to the product-specific terms in the then-current Product Guide. Such product-specific terms may include the license metric for the Software and license terms related to third party code that has been incorporated in the Software. Notwithstanding any provision of the Support Services Terms, for the “Major Release” of the Software available at the time of Your Order, any change in the Product Guide to license notes for the Software for any “Minor Releases” of the Software made available to You after the date of purchase will not apply to You except to the extent that the change is required in order to comply with the license terms related to third party code that has been incorporated in the Software, and all such Product Guide license notes will be generally applicable to VMware’s licensees. “Major Release” and “Minor Release” have the meaning attributed to them in the Support Services Terms.
Sample 1
Product Guide. In addition to the above sections, Your use of the Software is subject to the terms and conditions of the Product Guide, which is incorporated herein by reference. The XXXX shall govern Your use of the Software to the extent that language in the XXXX is not in conflict with the language contained herein and to the extent that terms and conditions in the XXXX are consistent with applicable, mandatory, and controlling Federal Law,. (To the extent the terms and conditions in the XXXX are inconsistent with the Federal Law (See FAR 12.212(a)), they shall be deemed deleted and unenforceable under any resultant federal order.
Sample 1
Product Guide. End User License Agreement BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THIS SOFTWARE YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS;  DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE SOFTWARE; AND  PROMPTLY RETURN THE SOFTWARE AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM YOU ACQUIRED THEM
Sample 1

Related to Product Guide

  • Product Changes Vocera shall have the right, in its absolute discretion, without liability to End User, to update to provide new functionality or otherwise change the design of any Product or to discontinue the manufacture or sale of any Product. Vocera shall notify End User at least 90 days prior to the delivery of any Product which incorporates a change that adversely affects form, fit or function (“Material Change”). Vocera shall also notify End User at least 90 days prior to the discontinuance of manufacture of any Product. Notification will be made as soon as reasonably practical for changes associated with regulatory or health and safety issues.

  • 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.

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