Purchasing through a Reseller Sample Clauses

Purchasing through a Reseller. The following supplemental terms apply if you purchase a subscription to the Software through a Reseller:
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Purchasing through a Reseller. The following supplemental terms apply if the End-User purchases the Software, Software Maintenance Services through a Reseller: 21.1 (i) such document shall constitute an Order; and (ii) End-User acceptance of such Order shall be an acceptance of this Agreement provided that any transactions solely between End-User and the Reseller shall not form part of this Agreement. First line technical support for the Software will be provided by the Reseller, unless otherwise expressly stated in your Order or End-User agreement with the Reseller. For avoidance of doubt, Sage shall not be responsible for first line technical support if not provided by the Reseller. Any non-payment of fees owed to a Reseller under an Order shall amount to a material breach of this Agreement. If End-User grants a Reseller access to your Customer Data or to End-User Software account, such access shall constitute consent to the disclosure of Customer Data to the Reseller pursuant to clause 17 and End-User will be responsible for terminating such access. If End-User purchased the Software, Software Maintenance Services from a Reseller End-User should investigate and satisfy itself regarding the experience, skills and qualifications of that Reseller. Any Reseller is an independent contractor and is neither appointed nor authorised by Sage as our consultant, subcontractor or agent. Sage does not endorse, and does not make any representation, warranty or promise regarding any Reseller and shall have no liability whatsoever for any damage, liabilities or losses caused by any Reseller.
Purchasing through a Reseller. The following supplemental terms apply if you purchase a subscription to the Service through a Reseller:
Purchasing through a Reseller. Purchasing through a Reseller. The following supplemental terms apply if you purchase the Service and Subscription through a Reseller: I. If you place an order for the Service and Subscription with a Reseller: (i) such document shall constitute an Order; and
Purchasing through a Reseller. The following supplemental terms apply if you purchase a license to the Software or Maintenance and Customer Support through a Reseller:
Purchasing through a Reseller. The following supplemental terms apply if the End-User purchases the Software, Software Maintenance Services through a Reseller: 21.1 (i) such document shall constitute an Order; and (ii) End-User acceptance of such Order shall be an acceptance of this Agreement provided that any transactions solely between End-User and the Reseller shall not form part of this Agreement. First line technical support for the Software will be provided by the Reseller, unless otherwise expressly stated in your
Purchasing through a Reseller. Purchasing through a reseller. The following supplemental terms apply if you purchase the service/application and subscription through a reseller: I. If you place an order for the service/application and subscription with a reseller: (i) such document shall constitute an order; and (ii) your acceptance of such order shall be an acceptance of this agreement provided that any transactions solely between you and the Reseller shall not form part of this agreement. First-line technical support for the Software will be provided by the Reseller, unless otherwise expressly stated in your order or your agreement with the reseller. Any non-payment of fees owed to a reseller under an order shall amount to a material breach of this agreement. If you have purchased the service/application and subscription from a reseller you should investigate and satisfy yourself regarding the experience, skills, and qualifications of that Reseller. Any reseller is an independent contractor and is neither appointed nor authorized by us as our consultant, subcontractor, or agent. We do not endorse, and do not make any representation, warranty, or promise regarding any Reseller and shall have no liability whatsoever for any damage, liabilities, or losses caused by any reseller
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Purchasing through a Reseller. The following supplemental terms apply if the End-User purchases the Software, Software Maintenance Services through a Reseller: 21.1 (i) such document shall constitute an Order; and (ii) End-User acceptance of such Order shall be an acceptance of this Agreement provided that any transactions solely between End-User and the Reseller shall not form part of this Agreement. First line technical support for the Software will be provided by the Reseller, unless otherwise expressly stated in your Order or End-User agreement with the Reseller. For avoidance of doubt, Sage shall not be responsible for first line technical support if not provided by the Reseller. Any non-payment of fees owed to a Reseller under an Order shall amount to a material breach of this Agreement. If End-User grants a Reseller access to your Customer Data or to End-User Software account, such access shall constitute consent to the disclosure of Customer Data to the Reseller pursuant to clause 17 and End-User will be responsible for terminating such access. If End-User purchased the Software, Software Maintenance Services from a Reseller End-User should investigate and satisfy itself regarding the experience, skills and qualifications of that Reseller. Any Reseller is an independent contractor and is neither appointed nor authorised by Sage as our consultant, subcontractor or agent. Sage does not endorse, and does not make any representation, warranty or promise regarding any Reseller and shall have no liability whatsoever for any damage, liabilities or losses caused by any Reseller. Either Sage or your Reseller (in the event of the Software being purchased through a Reseller) may provide the End-User with other services, such as consulting, training or development services. Any such services or requirements are outside the scope of this Agreement and shall only be provided subject to the terms of a separate written agreement between the parties. Sage South Africa (Pty) Ltd; 6th Floor, Gateway West, 00 Xxxxx Xxxxxxxx, Xxxxxxxxx, Xxxxxxx 0000, Xxxxx Xxxxxx Law Johannesburg, High Court Sage Software Middle East FZ-LLC; Xxxxxxxx Xx 00, Xxxxx Xxxxxxxx Xxxx, Xxxxx. English law Except for the right of either Party to apply to a court of competent jurisdiction for injunctive, or other equitable relief, any dispute or claim arising out of or relating to this Agreement, shall be settled by arbitration in Dubai International Financial Centre in United Arab Emirates in accordance with the laws of Engla...
Purchasing through a Reseller. By acquiring any Okta products or services through a Reseller, Customer agrees that: (a) the Reseller Agreement is between Customer and the Reseller and is not binding on Okta, and any disputes related to the Reseller Agreement shall be handled directly between Customer and the Reseller; (b) Customer understands and agrees that certain products or ser vices are subject to additional terms available at xxxxx://xxx.xxxx.xxx/agreements (or its successor site) that may be applicable if purchased by Xxxxxxxx; and (c) any claims for refunds hereunder, shall be submitted by Customer to the Reseller. In the event of any conflict between these Terms and the Reseller Agreement, these Terms shall govern as between Okta and Customer.

Related to Purchasing through a Reseller

  • Purchasing Card The State has implemented a purchasing card (P-Card). The Contractor may receive payments via the State’s P-Card. P-Card acceptance for purchases is a mandatory requirement for the Contract but is not the exclusive method of payment. If the State changes its P-Card platform during the term of Contract, the Contractor shall make all necessary changes to accept payment via the State’s new P-Card platform within 30 calendar days of notification of such change.

  • Purchasing Party A Party requesting or receiving a Service from the other Party under this Agreement.

  • Purchasing Card (P card) Program

  • Cooperative Purchasing Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C.

  • YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

  • COOPERATIVE PURCHASING PROGRAM PARTICIPATION Arkansas' Purchasing Law provides that local public procurement units (counties, municipalities, school districts, certain nonprofit corporations, etc.) may participate in state purchasing contracts. The contractor therefore agrees to sell to Cooperative Purchasing Program participants at the option of the program participants. Unless otherwise stated, all standard and special terms and conditions listed within the contract must be equally applied to such participants.

  • Purchase of the Shares by the Underwriters (a) The Company agrees to issue and sell the Underwritten Shares to the several Underwriters as provided in this Agreement, and each Underwriter, on the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, agrees, severally and not jointly, to purchase from the Company the respective number of Underwritten Shares set forth opposite such Underwriter’s name in Schedule 1 hereto at a price per share (the “Purchase Price”) of $[ ]. In addition, the Company agrees to issue and sell the Option Shares to the several Underwriters as provided in this Agreement, and the Underwriters, on the basis of the representations, warranties and agreements set forth herein and subject to the conditions set forth herein, shall have the option to purchase, severally and not jointly, from the Company the Option Shares at the Purchase Price less an amount per share equal to any dividends or distributions declared by the Company and payable on the Underwritten Shares but not payable on the Option Shares. If any Option Shares are to be purchased, the number of Option Shares to be purchased by each Underwriter shall be the number of Option Shares which bears the same ratio to the aggregate number of Option Shares being purchased as the number of Underwritten Shares set forth opposite the name of such Underwriter in Schedule 1 hereto (or such number increased as set forth in Section 10 hereof) bears to the aggregate number of Underwritten Shares being purchased from the Company by the several Underwriters, subject, however, to such adjustments to eliminate any fractional Shares as the Representatives in their sole discretion shall make. The Underwriters may exercise the option to purchase Option Shares at any time in whole, or from time to time in part, on or before the thirtieth day following the date of the Prospectus, by written notice from the Representatives to the Company. Such notice shall set forth the aggregate number of Option Shares as to which the option is being exercised and the date and time when the Option Shares are to be delivered and paid for, which may be the same date and time as the Closing Date (as hereinafter defined) but shall not be earlier than the Closing Date or later than the tenth full business day (as hereinafter defined) after the date of such notice (unless such time and date are postponed in accordance with the provisions of Section 10 hereof). Any such notice shall be given at least two business days prior to the date and time of delivery specified therein. (b) The Company understands that the Underwriters intend to make a public offering of the Shares as soon after the effectiveness of this Agreement as in the judgment of the Representatives is advisable, and initially to offer the Shares on the terms set forth in the Prospectus. The Company acknowledges and agrees that the Underwriters may offer and sell Shares to or through any affiliate of an Underwriter. (c) Payment for the Shares shall be made by wire transfer in immediately available funds to the account specified by the Company to the Representatives in the case of the Underwritten Shares, at the offices of Xxxxx Day, 0000 Xxxxxxxxxxx Xxxx, Xxxx Xxxx, XX 00000, at 10:00 A.M., New York City time, on [ ], 2014, or at such other time or place on the same or such other date, not later than the fifth business day thereafter, as the Representatives and the Company may agree upon in writing or, in the case of the Option Shares, on the date and at the time and place specified by the Representatives in the written notice of the Underwriters’ election to purchase such Option Shares. The time and date of such payment for the Underwritten Shares is referred to herein as the “Closing Date”, and the time and date for such payment for the Option Shares, if other than the Closing Date, is herein referred to as an “Additional Closing Date”. Payment for the Shares to be purchased on the Closing Date or an Additional Closing Date, as the case may be, shall be made against delivery to the Representatives for the respective accounts of the several Underwriters of the Shares to be purchased on the Closing Date or the Additional Closing Date, as the case may be, with any transfer taxes payable in connection with the sale of such Shares duly paid by the Company. Delivery of the Shares shall be made through the facilities of The Depository Trust Company (“DTC”) unless the Representatives shall otherwise instruct. (d) The Company acknowledges and agrees that the Underwriters are acting solely in the capacity of an arm’s length contractual counterparty to the Company with respect to the offering of Shares contemplated hereby (including in connection with determining the terms of the offering) and not as a financial advisor or a fiduciary to, or an agent of, the Company or any other person. Additionally, neither the Representatives nor any other Underwriter is advising the Company or any other person as to any legal, tax, investment, accounting or regulatory matters in any jurisdiction. The Company shall consult with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated hereby, and the Underwriters shall have no responsibility or liability to the Company with respect thereto. Any review by the Underwriters of the Company, the transactions contemplated hereby or other matters relating to such transactions will be performed solely for the benefit of the Underwriters and shall not be on behalf of the Company.

  • Purchase of the Stock by the Underwriters On the basis of the representations and warranties contained in, and subject to the terms and conditions of, this Agreement, the Company agrees to sell [2,600,000] shares of the Firm Stock and each of the Selling Stockholders agrees to sell the number of shares of the Firm Stock listed beside its name on Schedule 2 hereto, to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of shares of the Firm Stock set forth opposite that Underwriter’s name in Schedule 1 hereto. The respective purchase obligations of the Underwriters with respect to the Firm Stock shall be rounded among the Underwriters to avoid fractional shares, as the Representatives may determine. In addition, each of the Selling Stockholders grants to the Underwriters an option to purchase the number of shares of Option Stock set forth opposite its name in Schedule 3. Such option is granted for the purpose of covering over-allotments in the sale of Firm Stock and is exercisable as provided in Section 5 hereof. Shares of Option Stock shall be purchased severally for the account of the Underwriters in proportion to the number of shares of Firm Stock set forth opposite the name of such Underwriters in Schedule 1 hereto. If the over-allotment option is less than fully exercised, the Underwriters will purchase shares from each of the Selling Stockholders hereto on the basis set forth on Schedule 3. The respective purchase obligations of each Underwriter with respect to the Option Stock shall be adjusted by the Representatives so that no Underwriter shall be obligated to purchase Option Stock other than in 100 share amounts. The price of both the Firm Stock and any Option Stock shall be $ . per share. The Company’s and the Selling Stockholders’ sale of the Firm Stock and the Selling Stockholders’ sale of any Option Stock to the Underwriters and the related transactions between or among any or all of, the Company, the Selling Stockholders and the Underwriters, being collectively referred to as the “Transactions.” Neither the Company nor any of the Selling Stockholders shall be obligated to deliver any of the Stock to be delivered on any Delivery Date, except upon payment for all the Stock to be purchased on such Delivery Date as provided herein.

  • PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

  • Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

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