Resale of Products by Tech Data Sample Clauses

Resale of Products by Tech Data. During the term of this Agreement, Tech Data may market, promote, distribute and resell Products to Customers of Tech Data, either directly or through its subsidiaries, in accordance with the following terms and conditions: (a) AT&T PARADYNE shall amend to Tech Data and each Customer of Tech Data the same warranties and indemnifications, with respect to Products purchased and resold hereunder as AT&T PARADYNE extends to its end-user Customers. The term of warranties and indemnities extended by AT&T PARADYNE to an End User shall commence upon delivery of the Product to the End User. (b) AT&T PARADYNE shall support the Product and any efforts to sell the Product by Tech Data, and provide sales literature, advertising materials and reasonable training and support in the sale and use of the Product to Tech Data's employees and Customers, if requested by Tech Data. AT&T PARADYNE also agrees to provide Tech Data telephone support representative at no charge during AT&T PARADYNE's normal business hours. AT&T PARADYNE agrees to provide Tech Data's customers telephone representatives at no charge, Monday through Friday 9:00 am to 8:00 pm EST. (c) AT&T PARADYNE shall provide [***] to Tech Data and the Customers of Tech Data, sales training, marketing support, advertising materials and technical training in connection with the resale of Products as are currently offered or that may be offered by AT&T PARADYNE. Tech Data reserves the right to [***]. (d) As reasonably necessary and upon mutual agreement, Tech Data will make its facilities available for, and will assist AT&T PARADYNE in providing, Product training and support. (e) Tech Data may advertise and promote the Product and/or AT&T PARADYNE in a commercially reasonable manner and may use AT&T PARADYNE's trademarks, service marks and trade names in connection therewith; provided that, Tech Data shall submit the advertisement or promotion to AT&T PARADYNE for review and approval prior to its initial release, which approval shall not be unreasonably withheld or delayed. Copies of any proposed publication containing any such mark, xxme or logo shall be submitted to AT&T PARADYNE for review and approval, and Tech Data shall make reasonable commercial efforts to obtain AT&T PARADYNE's approval at least thirty (30) days prior to publication. --------------------------- * Confidential Treatment Requested 6 (f) AT&T PARADYNE shall clearly mark xxxh unit package with the serial number, product description and machine read...
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Resale of Products by Tech Data. During the term of this Agreement, Tech Data may market, promote, distribute and resell Products to Customers of Tech Data, either directly or through its subsidiaries, in accordance with the following terms and conditions: (a) KOFAX shall extend to Tech Data and each Customer of Tech Data the same warranties and indemnifications, with respect to Products purchased and resold hereunder as KOFAX extends to its end-user Customers. The term of warranties and indemnities extended by KOFAX to an End User shall commence upon delivery of the Product to the End User. (b) KOFAX shall make available at no charge to Tech Data all training, technical support and other services related to the Products that are currently offered or that may be offered by KOFAX. KOFAX also agrees to provide Tech Data a dedicated telephone support representative at no charge during KOFAX's normal business hours (6:00 am to 5:30pm PST). (c) KOFAX shall provide at no charge to Tech Data sales training, marketing support advertising materials and technical training in connection with the resale of Products as are currently offered or that may be offered by KOFAX. (d) Tech Data is hereby authorized to use trademarks and trade names of KOFAX and third parties used in connection with the Products, advertising, promoting or distributing the Products. Tech Data recognizes KOFAX or other third parties may have rights or ownership of certain trademarks, trade names and patents associated with the Products, Tech Data will act consistently with such rights, and Tech Data shall comply with any reasonable, written guidelines when provided by KOFAX or third parties relating to such trademark or trade name usage. Tech Data will notify KOFAX of any infringement of which Tech Data has actual knowledge. Tech Data shall discontinue use of KOFAX's trademarks or trade names upon termination of this agreement, except as may be needed to sell or liquidate any final inventories of Product. (e) KOFAX shall clearly mark xxxh unit package with the serial number, product description and machine readable bar code (employing ISBN or other industry standard bar code) approved in writing by Tech Data.
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Resale of Products by Tech Data. During the term of this Agreement, Tech Data may market, promote, distribute and resell Products to customers of Tech Data, either directly or through its subsidiaries, in accordance with the following terms and conditions: (a) XEROX IMAGING shall extend to Tech Data and each customer of Tech Data the same warranties and indemnifications, with respect to Products purchased and resold hereunder as XEROX IMAGING extends to its End User customers. The term of warranties and indemnities extended by XEROX IMAGING to an End User shall commence upon delivery of the Product to the End User. (b) XEROX IMAGING shall make available at no charge to Tech Data and the customers of Tech Data all technical and sales training, technical support, marketing support, advertising material and other services related to the Products that are currently offered or that may be offered by XEROX IMAGING. XEROX IMAGING also agrees to provide Tech Data a telephone support representative at no charge during Tech Data's normal business hours. (c) Tech Data is hereby authorized to use trademarks and trade names of XEROX IMAGING and third parties used in connection with the Products, advertising, promoting or distributing the Products. Tech Data recognizes XEROX IMAGING or other third parties may have rights or ownership of certain trademarks, trade names and patents associated with the Products. Tech Data will act consistently with such rights, and Tech Data shall comply with any reasonable, written guidelines when provided by XEROX IMAGING or third parties relating to such trademark or trade name usage. Tech Data TECH DATA: PKC XEROX IMAGING: WSC will notify XEROX IMAGING of any infringement of which Tech Data has actual knowledge. Tech Data shall discontinue use of XEROX IMAGING Imagines' trademarks or trade names upon termination of this agreement, except as may be needed to sell or liquidate any final inventories of Product. (d) Tech Data is free to determine its own resales prices for the Products. Although Vendor may publish suggested list prices, these are suggestions only and Tech Data shall be free to determine the actual resale prices at which Products will be distributed to its resellers. No employee or representative of XEROX IMAGING or anyone else associated or affiliated with XEROX IMAGING has any authority to dictate to Tech Data what its resale prices for Products must be or to inhibit in any way Tech Data's pricing discretion with respect to such Products. (e) XEROX IMAGI...
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Related to Resale of Products by Tech Data

  • Sale of Products (a) All shipments, services, sales and quotations between Axitec, LLC. (“Seller”) and the purchaser (“Purchaser”) of Products set forth herein (“Products”) shall be subject to these Terms and Conditions of Sale (these “Terms” or this “Agreement”). Purchaser acknowledges receipt hereof and accepts these Terms. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS CONTAINED IN ANY RESPONSE HERETO BY PURCHASER OR IN PURCHASER’S INITIAL ORDER AND ANY ASSERTIONS BY THE SALES REPRESENTATIVE THAT ARE NOT EXPRESSLY DESCRIBED IN THESE TERMS AND CONDITIONS OF SALE OUTSIDE OF THESE EXPRESSED TERMS AND CONDITIONS ARE HEREBY REJECTED BY SELLER AND SHALL BE OF NO EFFECT NOR IN ANY CIRCUMSTANCES BINDING ON SELLER. Seller’s acceptance of any order offered by Purchaser is EXPRESSLY MADE CONDITIONAL on Purchaser’s assent to these Terms, and under no circumstances will any terms other than these Terms apply to Seller’s sale of the Products. (b) Seller’s quotations are not binding on Seller after 10 business days of submission of quotation. Each order of Products shall be in writing and no order of Purchaser shall be binding on Seller until the earlier of (i) payment of products has occurred or payment terms have been established and shipping arrangements have been made (ii) shipment to Purchaser of Products or (iii) transmittal of a written acceptance by Seller. Seller’s failure to respond to Purchaser’s order within two (2) weeks after receipt of the order shall be considered a rejection of the order. (c) Purchaser may cancel any order before it has become binding pursuant to subsection (b) above. Seller may cancel all accepted orders and deliveries of Products if (i) Purchaser makes an assignment for the benefit of creditors, (ii) becomes party to a voluntary or involuntary proceeding of insolvency, bankruptcy or reorganization, (iii) generally becomes unable to pay its debts as they become due, (iv) fails to remit payment to Seller in accordance with the terms hereof or under any other agreement between Seller and Purchaser, or (v) breaches any other term, provision or condition contained in these Terms. (vi) in cases where fraud and deceit is evident in the payment of products (d) All references in sales brochures, data sheets and offers as to specifications, price and other details of the Products are approximate and shall not be binding on the Seller unless expressly agreed to in writing. Seller may, from time to time, update and replace Products in its line. Seller reserves the right to substitute updated Products, provided that such updated Products meet the specifications of the ordered Products in all material respects and are sold for the same price as the ordered Products. (e) Purchaser acknowledges that Seller’s acceptance of any purchase order is dependent on Seller’s prior approval of Purchaser’s business credit and personal credit with personal guarantee where warranted. Purchaser acknowledges that Seller may demand assurances of Purchaser’s ability to pay by requesting such trade or banking references or a letter of credit or such other information as deemed adequate by Seller.

  • Use of Products 3.28.1 In the performance of this contract, Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) competitively within a timeframe providing for compliance with the contract performance schedule; (ii) meeting contract performance requirements; or (iii) at a reasonable price. 3.28.2 Consultant shall abide by the list of EPA-designated items available on EPA’s Comprehensive Procurement Guidelines web site: xxxxx://xxx.xxx.xxx/smm/comprehensive-procurement-guideline-cpg-program.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Purchase of Products You agree to purchase from Us the hardware products, software licenses and services listed on the Order Form, together with all existing accessories, attachments, replacements, and additions (collectively the “Products”) upon the terms stated herein. For the avoidance of doubt, postage meters for use in mailing machines are excluded from the definition of Products. This Purchase Agreement is binding on You as of the date You sign it. This Purchase Agreement is not binding on Us until We sign it or until the Products are shipped, whichever happens first.

  • Marking of Licensed Products To the extent commercially feasible and consistent with prevailing business practices, Company shall xxxx, and shall cause its Affiliates and Sublicensees to xxxx, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • SOURCE CODE ESCROW FOR LICENSED PRODUCT If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this clause. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product.

  • Discontinuance of Products Supplier shall provide at least twelve (12) months written notice to DXC prior to Supplier’s discontinuance of manufacturing any Products. Such notice shall include, at a minimum, DXC part numbers, substitutions, and last date that orders will be accepted for such Products.

  • Licensed Software Computer program(s) provided by Contractor in connection with the Deliverables, subject to Section 14 of this Contract.

  • Protection of Customer Data The Supplier shall not delete or remove any proprietary notices contained within or relating to the Customer Data. The Supplier shall not store, copy, disclose, or use the Customer Data except as necessary for the performance by the Supplier of its obligations under this Call Off Contract or as otherwise Approved by the Customer. To the extent that the Customer Data is held and/or Processed by the Supplier, the Supplier shall supply that Customer Data to the Customer as requested by the Customer and in the format (if any) specified by the Customer in the Call Off Order Form and, in any event, as specified by the Customer from time to time in writing. The Supplier shall take responsibility for preserving the integrity of Customer Data and preventing the corruption or loss of Customer Data. The Supplier shall perform secure back-ups of all Customer Data and shall ensure that up-to-date back-ups are stored off-site at an Approved location in accordance with any BCDR Plan or otherwise. The Supplier shall ensure that such back-ups are available to the Customer (or to such other person as the Customer may direct) at all times upon request and are delivered to the Customer at no less than six (6) Monthly intervals (or such other intervals as may be agreed in writing between the Parties). The Supplier shall ensure that any system on which the Supplier holds any Customer Data, including back-up data, is a secure system that complies with the Security Policy and the Security Management Plan (if any). If at any time the Supplier suspects or has reason to believe that the Customer Data is corrupted, lost or sufficiently degraded in any way for any reason, then the Supplier shall notify the Customer immediately and inform the Customer of the remedial action the Supplier proposes to take. If the Customer Data is corrupted, lost or sufficiently degraded as a result of a Default so as to be unusable, the Supplier may: require the Supplier (at the Supplier's expense) to restore or procure the restoration of Customer Data to the extent and in accordance with the requirements specified in Call Off Schedule 8 (Business Continuity and Disaster Recovery) or as otherwise required by the Customer, and the Supplier shall do so as soon as practicable but not later than five (5) Working Days from the date of receipt of the Customer’s notice; and/or itself restore or procure the restoration of Customer Data, and shall be repaid by the Supplier any reasonable expenses incurred in doing so to the extent and in accordance with the requirements specified in Call Off Schedule 8 (Business Continuity and Disaster Recovery) or as otherwise required by the Customer.

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