Resale Products Sample Clauses

The Resale Products clause defines the terms under which products can be resold by a party, typically a distributor or reseller. It outlines which products are eligible for resale, any restrictions on how or where they may be sold, and may specify requirements such as branding, packaging, or minimum advertised pricing. This clause ensures that both parties understand the boundaries and expectations regarding the resale of products, helping to protect the brand, maintain market positioning, and prevent unauthorized distribution.
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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.
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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.
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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.
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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: ▇▇▇▇ by Samsung. Terms are available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/en/▇▇▇▇ or any other successor URL designated by Samsung. B. Resale Product: Polaris Office/Viewer by Infraware
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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.
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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.
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Resale Products. (a) With respect to Resale Products described and marketed on Seller’s website at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, 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.
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Related to Resale Products

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