Reseller Agreements. Prior to the distribution of any Software to a Reseller, CaminoSoft shall enter into an enforceable written agreement with such Reseller that is sufficient to ensure that such Reseller is required to comply with the relevant terms of this Agreement. Without limiting the generality of the foregoing, each such agreement shall include terms binding the Reseller to obligations at least as broad as those of CaminoSoft under this Agreement and restrictions at least as protective of Legato as those contained in this Agreement, including, the obligations and provisions pertaining to confidentiality and proprietary rights protections, software use restrictions, liability limitations, and warranty disclaimers.
Reseller Agreements. If you enter into an order for MicroStrategy Products with an authorized MicroStrategy reseller (“Reseller”), (i) such document will constitute an Order Form under the Agreement and (ii) your payment obligations under such order will be to the Reseller, provided that any transactions between you and the Reseller for non-MicroStrategy Products will not be a part of the Agreement. For clarity, your use of our MicroStrategy Products will be governed exclusively by the terms of the Agreement, and the Agreement will supersede any additional or conflicting terms in your order with the Reseller. No term in any order entered into via a Reseller will be deemed to modify the Agreement unless pre-authorized in writing by MicroStrategy. Non-payment of fees owed to a Reseller under an order for MicroStrategy Products will constitute a material breach of the Agreement. h.
Reseller Agreements. If you enter into an order for MicroStrategy Products with an authorized MicroStrategy reseller (“Reseller”), (i) such document will constitute an Order Form under the Agreement and (ii) your payment obligations under such order will be to the Reseller, provided that any transactions between you and the Reseller for non-MicroStrategy Products will not be a part of the Agreement. For clarity, your use of our MicroStrategy Products will be governed exclusively by 位，並放棄在前述任何訴訟中要求陪審團審判的權利。在因本協定產生的任何爭議中，勝訴方將有權收回執行其權利主張所產生的成本（包括合理的律師費）。 d. 特定地區附錄。基於您的訂購單指明的地區，特定地區附錄規定了某些特定地區的條款，這些條款針對您使用該訂購單項下的 MicroStrategy 產品補充並修訂了本協定。如果您的關係企業在本協定項下簽署其自身的訂購單，則 MicroStrategy 與該關係企業之間關於該訂購單的任何索賠將受限於適用于該訂購單中的地區的特定地區附錄。 e. 不可抗力。如果因超🎧一方合理控制範圍的原因導致該方延遲或未能履行本協定項下的任何義務（付款義務除外）， 則該方無需向另一方承擔法律責任。前述原因包括天災、勞資糾紛或其他工業騷亂，超🎧該一方控制範圍的協力廠商行為，網路入侵或拒絕服務攻擊，系統電力、電信或其他電腦、互聯網、互聯網服務提供者、託管設施、硬體、軟體、電力系統或公用事業的系統性故障，地震、暴風雨雪，或者其他自然因素、禁運、暴亂、公共衛生突發事件（包括流行病和傳染病）、政府行為、政府命令或恐怖主義行為或戰爭。 f. 通知。除非我們的說明文件就我們提供的某些通知作🎧另行規定，否則本協定項下要求或以其他方式提供的任何通知、批准或其他通信應採用書面形式，並視為在（i）專人派送之時發🎧，或（ii）通過電子郵件發送之時發🎧，或（iii）通過商業隔夜快遞公司發送之時發🎧。您將根據您的所在地區向 MSA附件A 規定的相應地址提供前述通知。向您發送的該等通知將發送至訂購單列🎧的地址。各方均可向另一方提供通知，以修改通知的收件人。 g. 轉售商協議。如果您與 MicroStrategy 的授權轉售商 （“轉售商”）簽訂MicroStrategy 產品訂單，（i）該文件將構成本協定項下的訂購單，並且（ii）您在該訂單項下的付款義務將由轉售商承擔，前提是您與轉售商之間有關非 MicroStrategy 產品的任何交易不會成為本協定的一部分。為明確起見， 您對我們 MicroStrategy 產品的使用將僅由本協定條款規範，並且本協定將取代您與轉售商的訂單中的任何附加或衝突條款。除非經過 MicroStrategy 事先書面授權，否則通過轉售商簽訂的任何訂單中的條款概不視為對本協定的更改。不予支付在 MicroStrategy 產品訂單項下欠付轉售商的費用將構成對本協定的嚴重違反。 h. 完整協定與優先順序。不論本協定是否有任何相反規定，本協定構成雙方之間關於本協定主題事項的完整協定。如果發生衝突，則僅就您使用由訂購單規範的相應 MicroStrategy 產品而言，該訂購單的條款（不包括客戶建議書、採購訂單或其他文件的衝突或附加條款，該等條款一概無效）將優先於 MSA的條款以及其他附錄或附件適用。如果特定服務附
Reseller Agreements. All Service distribution agreements with Resellers hereunder ("Reseller Agreements") shall be between Distributor and the respective Resellers. Artera shall not be a party to or have any obligations under any Reseller Agreement. Distributor shall have no authority to bind Artera with respect to any Reseller, and Distributor shall not represent to any Reseller or anyone else that it has such authority. No Reseller Agreement may be inconsistent with this Agreement. Any representations or warranties regarding the Service contained in a Reseller Agreement shall be the sole responsibility of Distributor, unless Artera expressly agrees otherwise in writing in advance for the particular Reseller.
Reseller Agreements. 4.1 The Reseller agrees to have a prepaid account with sufficient credit so that they can place orders for new Operations that require paying for. If this is not the case, FranceDNS will not be able to accept these requests.
Reseller Agreements. All Service distribution agreements with Resellers hereunder ("Reseller Agreements") shall be between Distributor and the respective Resellers. Artera shall not be a party to or have any obligations under any Reseller Agreement, except for such billing, data center and support services as may be contracted for by such Reseller in accordance with Article 3, and support, training, and service updates in accordance with Article 6. Distributor shall have no authority to bind Artera with respect to any Reseller, and Distributor shall not represent to any Reseller or anyone else that it has such authority. No Reseller Agreement may be inconsistent with this Agreement. Any representations or warranties regarding the Service contained in a Reseller Agreement shall be the sole responsibility of Distributor, unless Artera expressly agrees otherwise in writing in advance for the particular Reseller.
Reseller Agreements. FTP US agrees to deliver, as promptly as practicable following the Closing, to each of its resellers under its reseller agreements providing for the sale of both the KEYview Products and other FTP products, a notice discontinuing the sale of the KEYview Products under such reseller agreements, such notice to be mutually satisfactory to FTP US and Verity US. FTP US agrees to promptly deliver to Verity US any payments received by either Seller in respect of the sale following the Closing of any of the KEYview Products pursuant to any such reseller agreements.
Reseller Agreements. If XXXXXXX subscribes for the Total Capacity, XXXXXXX will offer LORAL, on a non-exclusive basis, a reseller agreement to utilize a portion of the Xxxxxxx Capacity for LORAL to serve enterprise (i.e., business, non-consumer, non-household based) and aeronautical markets. The Parties agree to negotiate the terms and conditions of such reseller agreement, including price and capacity, in good faith. If XXXXXXX subscribes for the Total Capacity and the Parties enter into a reseller agreement for LORAL to utilize a portion of the Xxxxxxx Capacity, or, if XXXXXXX subscribes for less than the Total Capacity, XXXXXXX will allow LORAL to share in the use of the Xxxxxxx Gateway Equipment as needed to enable LORAL to use the portion of the Xxxxxxx Capacity subject to the reseller agreement or that remaining portion of the Total Capacity that has not been subscribed for by XXXXXXX, as the case may be. In such event, the Parties shall negotiate in good faith an equitable sharing of the costs of using the Xxxxxxx Gateway Equipment, including an allocation for the capital costs of the Xxxxxxx Gateway Equipment. The Parties acknowledge that XXXXXXX intends to deploy Internet traffic management practices (“ITMPs”) within its networks, including in respect of the Xxxxxxx Capacity, and such ITMPs may apply to the portion of the Xxxxxxx Capacity utilized by LORAL and to any other capacity that may utilize the Xxxxxxx Gateway Equipment. For greater certainty, LORAL’s obligation to share equitably in the costs of the Xxxxxxx Gateway Equipment will apply only with respect to Xxxxxxx Gateway Equipment actually utilized by or for LORAL in providing its services to customers. XXXXXXX may resell all or any portion of the Xxxxxxx Capacity on a wholesale basis to a third party or third parties other than LORAL.
Reseller Agreements. Seller shall withdraw the Product from the scope of the Distribution Agreements (other than the Samsung Corporation Distribution Agreement ("Samsung Agreement")) as soon as possible, and in any event not later than 90 days after the Effective Date. Seller shall use commercially reasonable efforts to withdraw the Product from the scope of the Samsung Agreement. Buyer may notify the distributors under the Distribution Agreements of the change of ownership of the Product and may enter into new distribution arrangements with respect to the Product with such distributors. Through September 27, 1997, with respect to the Samsung Agreement, and for up to 90 days after the Effective Date, with respect to the other Distribution Agreements, Buyer shall sell Product to Seller at standard commercial prices and terms to enable Seller to fulfill its obligations under the Distribution Agreements.
Reseller Agreements. Upon the terms and subject to the conditions in this Agreement, the Reseller shall be permitted to enter into contracts with End Users for the resale of the Resale Materials; provided that, (a) the term of any such contracts, including any renewal period thereof, may not extend beyond the Term, and (b) in entering into contracts with End Users for the resale of the Resale Materials, the Reseller must resell all Resale Materials upon the terms and conditions set forth in the End User License Agreement.
