Resale Products Sample Clauses

Resale Products. Resale products are goods (that are sold with Seller's goods) which are not manufactured by Seller and which are supplied as an accommodation to Buyer. Seller's responsibility for resale products is limited to reasonable commercial effort to arrange for procurement and shipping. Unless otherwise agreed, all prices are F.C.A. resale product manufacturer's factory. Standard documentation shall be only as supplied by the resale product manufacturer. SELLER MAKES NO WARRANTY FOR RESALE PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOLE WARRANTY SHALL BE THAT OF THE RESALE PRODUCT MANUFACTURER. Buyer agrees that Seller has no liability for resale products beyond the services within Seller's direct control necessary to reasonably discharge the above stated responsibility and that Seller shall not be liable for delays caused by resale product manufacturer. Buyer further agrees that Buyer's SOLE AND EXCLUSIVE REMEDY for Seller's breach of the stated responsibility shall be limited to the difference between the resale product manufacturer's price to Seller and Seller's price to Buyer for resale products in such breach.
Sample 1
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Resale Products. The prices paid by Compaq or its designated agent to Altiris for each Resale Product shall be the applicable percentage of Altiris' then-current published retail price for the Resale Product. The applicable percentages are as follows: Resale Product Applicable Percentage -------------- --------------------- Altiris Express [*]% Altiris Vision [*]% Altiris LabExpert [*]% PC Transplant Pro [*]% Upgrade Protection for Altiris eXpress [*]% Upgrade Protection for Altiris Vision [*]% Upgrade Protection for Altiris LabExpert [*]% Upgrade Protection for PC Transplant Pro [*]% *This provision is the subject of a Confidential Treatment Request. These prices are F.O.B. Altiris and do not include shipping and insurance costs. Such shipping and insurance costs shall be paid by Compaq or its designated agent. 13. Compaq will be allowed to resell the Altiris Professional Services as described in Altiris' then-current published retail price list. The prices paid by Compaq or its designated agent to Altiris for the Professional Services shall be [* ]% of Altiris' then-current published retail price for the Altiris Professional Services. As with prices for Resale Products, the prices for Professional Services are subject to change by Altiris upon at least 30 days advance notice to Compaq. The descriptions and types of Professional Services are also subject to change by Altiris. Professional Services are subject to Altiris' then-current services agreement and the availability of Altiris personnel.
Sample 1
Resale Products. The "Resale Products" are the full commercial versions of the following Altiris products: (a) Altiris eXpress - full product version including software, documentation (printed and/or electronic), media and packaging. (b) PC Transplant Pro - full product version including software, documentation (printed and/or electronic), media and packaging. ____________ This exhibit is the subject of a Confidential Treatment Application. Confidential information has been omitted and has been filed separately.
Sample 1
Resale Products. Ivanti may resell licenses to certain third party software or services. The purchase, sale and /or use of such third party software or services as identified below ("Resale Products") may be subject to separate agreements with the applicable third party suppliers as set forth below ("Third Party Resale Terms"). If Customer purchases any Resale Products, Customer acknowledges and agrees that it is bound by the Third Party Resale Terms below. Except as otherwise expressly set forth in the Agreement, the Agreement shall not apply to the Resale Products and Customer acknowledges and agrees that Ivanti disclaims all warranties, indemnities, obligations, and other liabilities in connection with any Resale Product. A. Resale Product: XXXX by Samsung. Terms are available at xxxxx://xxx.xxxxxxxxxxx.xxx/en/xxxx or any other successor URL designated by Samsung. B. Resale Product: Polaris Office/Viewer by Infraware
Sample 1
Resale Products. The "Resale Products" are the full commercial versions of the following Altiris products: (a) Altiris eXpress - full product version including software, documentation (printed and/or electronic), media and packaging. (b) PC Transplant Pro - full product version including software, documentation (printed and/or electronic), media and packaging. (c) Altiris Vision - full product version including software, documentation (printed and/or electronic), media and packaging. ----------------- (PSI) This Amendment 1 bears the same title as Amendment Number 1 to License and Distribution Agreement, dated November 12, 1999, between Altiris and Compaq, dated April 20, 2000. Notwithstanding the identical titles, the two agreements are separate and distinct. (d) Altiris LabExpert - full product version including software, documentation (printed and/or electronic), media and packaging. (e) Upgrade Protection for Altiris eXpress. (f) Upgrade Protection for PC Transplant Pro. (g) Upgrade Protection for Altiris Vision. (h) Upgrade Protection for Altiris LabExpert. Each of these Resale Products will have a separate SKU or other unique product designation assigned by Altiris. Each Resale Product will be governed by the applicable end-user license agreement. Future versions of these products will be added to this list by Altiris to keep it current. Compaq will not offer Upgrade Protection products until such time as systems and policies are in place to track customers appropriately (to provide detailed point-of-sale customer information). The Parties will share this information with each other.
Sample 1
Resale Products. (a) With respect to Resale Products described and marketed on Seller’s website at xxx.xxxxxxxxxxx.xxx, the terms and conditions of this Agreement shall apply. However, with respect to Artec Resale Products, Artec’s then- current Terms and Conditions of Sale (“Artec Terms”) available on Seller’s website shall also apply as between Artec and Buyer as if Buyer had purchased the Artec Resale Products directly from Artec. As between Buyer and Artec, and notwithstanding anything in this Agreement to the contrary, such Artec Terms shall control in the event of any conflict with any other terms of this Agreement. (b) With respect to any Resale Products not described and marketed on Seller’s website, and notwithstanding anything in this Agreement to the contrary, Buyer agrees that Seller shall have no liability for such Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping thereof to Buyer, and such Resale Products are supplied to Buyer “AS IS” and with no warranties or representations of any kind, express or implied.
Sample 1
Resale Products. The "Resale Products" are the full commercial versions of the following Altiris products: (a) Altiris eXpress - full product version including software, documentation (printed and/or electronic), media and packaging. (b) PC Transplant Pro - full product version including software, documentation (printed and/or electronic), media and packaging. (c) Altiris Vision - full product version including software, documentation (printed and/or electronic), media and packaging. (d) Altiris LabExpert - full product version including software, documentation (printed and/or electronic), media and packaging. (e) Upgrade Protection for Altiris eXpress. (f) Upgrade Protection for PC Transplant Pro. (g) Upgrade Protection for Altiris Vision. (h) Upgrade Protection for Altiris LabExpert. Each of these Resale Products will have a separate SKU or other unique product designation assigned by Altiris. Each Resale Product will be governed by the applicable end-user license agreement. Future versions of these products will be added to this list by Altiris to keep it current. Compaq will not offer Upgrade Protection products until such time as systems and policies are in place to track customers appropriately (to provide detailed point-of-sale customer information). The Parties will share this information with each other. 2. Section 1.12 is deleted. 3. Section 2.7(d) is deleted. Section 3.1 of the Agreement is deleted in its entirety and replaced with the following new section: 3.1 Internal Use License - Altiris Express, Altiris Vision, Altiris LabExpert and PC Transplant Pro. Subject to the terms and conditions of this Agreement and Compaq's compliance therewith, Compaq is authorized and licensed to use copies of Altiris eXpress, Altiris Vision, Altiris LabExpert and PC Transplant Pro for Compaq's internal use only on computers within the possession and use of Compaq employees (the "Internal Use License"). To the extent that any of these software products include third party code, then they are governed by any restrictions or provisions required by the third party licensor and Altiris agrees to promptly provide to Compaq copies of any such restrictions and/or provisions. Compaq shall pay, in addition to all other payments under this Agreement and Amendment, any royalties or other payments payable to the third party for this Internal Use License and for any Upgrade Protection.
Sample 1
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Related to Resale Products

  • Eligible Products For the purpose of this Campaign, any MICHELIN passenger car, SUV, or Commercial Light Truck tyre models are individually referred to as “Eligible Product”.

  • Defective Products (a) In the event that Nycomed determines that any shipment of Product, at the time of delivery, (i) does not conform to the Product Specifications, (ii) contains misprinted or non-conforming labelling or packaging, or (iii) has been damaged in transit (collectively, "Defective Products"), then Nycomed shall give Anthra notice thereof (including a sample from such shipment) within fifteen days after receipt thereof, if such defects may be ascertained by the exercise of reasonable diligence (which shall include laboratory testing or other chemical analysis as necessary) upon receipt thereof, and otherwise within fifteen days after discovery thereof. If Anthra confirms such defect, it shall promptly so notify Nycomed. If Anthra does not confirm such defect, it shall promptly so notify Nycomed, and the parties shall submit the disputed shipment for testing to an independent testing laboratory that is mutually acceptable to the parties. The findings of the testing laboratory shall be *** CONFIDENTIAL TREATMENT REQUESTED. 18 binding on the parties. The expenses of such testing shall be borne by Anthra if the testing confirms the defect, and otherwise by Nycomed. (b) If any shipment contains Defective Product, for any reason other than the willful or negligent acts or omissions of Nycomed or its customers or agents, Anthra shall credit Nycomed with the costs incurred by Nycomed with respect to all such Defective Product that has not been sold (or has been sold and returned), which costs shall be deemed equal to the sum of any amounts paid on account of such Defective Product pursuant to Section 3.7 and any and all transportation and storage charges incurred by Nycomed in connection with such Defective Product. In addition, at Nycomed's option, (i) Anthra shall be relieved of any obligation to deliver any Product in replacement of such Defective Product, or (ii) Anthra shall replace such Defective Product as soon as possible after Nycomed notifies Anthra of its election of option (ii) of this Section 3.4, in which case Nycomed shall pay to Anthra any unpaid amounts in respect of the replacement Product in accordance with Section 3.7 following delivery of the replacement Product.

  • Discontinued Products If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Existing Products Except as set forth below, Contractor shall retain all rights, title and interest in Existing Products.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • 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.

  • Third Party Products 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

  • Company Products Section 2.7(c) of the Company Disclosure Letter sets forth a list of all material products, software or service offerings of the Company or any of its Subsidiaries that were sold within the past two (2) years or which the Company or any of its Subsidiaries intends to sell within ninety (90) days after the date hereof (collectively, “Company Products”).

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