Scope and Acceptance. This order, inclusive of the terms of the purchase order, is the exclusive agreement between the parties, subject to the terms and conditions herein and including any documents incorporated herein by reference. Seller's acceptance of this order shall be deemed to occur through written acknowledgment of this order. Additional or different terms contained in Seller's acknowledgment or any other documentation of Seller shall be void and of no effect unless accepted in writing by Buyer. No change in, modification of or revisions of this order shall be valid unless in writing signed by Buyer. Notwithstanding the forgoing, terms on the face of this order shall prevail over any conflicting terms herein. None of any past practice, industry standards, course of dealing or usage of trade shall constitute a modification of any term or condition contained herein, nor shall same add any term not contained herein. SELLER MAY NOT CHANGE MATERIAL OF MANUFACTURE, SOURCES OF SUPPLY, MANUFACTURING PROCESS OR MANUFACTURING LOCATION WITHOUT THE PRIOR WRITTEN CONSENT OF BUYER. Except as otherwise disclosed to Buyer, Seller represents that there exist no claims, actions, litigations, or other such matters involving the Seller that in any way would affect its ability to perform the obligations under this order.
Scope and Acceptance. 1.1 This Cloudware License Agreement (“Agreement”), as it may be amended from time to time, is entered into between Crestron Electronics, Inc., 00 Xxxxx Xxxxx, Xxxxxxxxx, Xxx Xxxxxx, 00000 (XXX) (“Crestron”), and you (“Customer”, “you”, or “your”) with respect to the use of Crestron Cloudware, including but not limited to Crestron Fusion® Cloud, Crestron XiO Cloud™, and Crestron Hosted Scheduling. This Agreement is incorporated by reference and made a part of each Customer subscription order (the “Order”) and/or registration form or customer information form made available by Crestron (the “Registration Form”) identifying applicable Crestron Cloudware products. Subject to the descriptions and limitations set forth in the applicable Order and/or the applicable Registration Form, this Agreement governs Customers’ license, access, and use of certain Crestron software‐as‐a‐service subscription products that run and are accessed on remote Internet servers made available to Customer by or on behalf of Crestron (the “Cloudware”), rather than on Customer owned or controlled local servers, cloud‐based resources or personal computers, along with all related documentation provided in print and/or electronic form by Crestron for use with the Cloudware, as periodically updated (the “Documentation”). The Cloudware may be used in connection with the control, automation, scheduling, management, maintenance, monitoring and registration of Customer buildings, rooms and devices, including control systems, projectors, displays, lighting, shades, occupancy sensors, HVAC, and other devices, but may not be used for emergency response systems or to operate emergency safety devices.
Scope and Acceptance. These General Terms of P u r c h a s e govern the purchase and sale of the equipment and related services, if any (collectively, "Equipment"), referred to in Buyer’s Purchase Order ("Buyer’s Documentation"). Either formal acknowledgement by signing and returning Buyer’s Purchase Order or commencement of performance of the work of this Purchase Order by Seller shall constitute complete acceptance by Seller. Buyer shall not be bound by any markups or additions on this Purchase Order by Seller, Seller's Proposal or Quotation documents, or any notations or other communications that are at variance with the terms of this Purchase Order. Buyer’s failure to acknowledge or dispute any such communication shall not constitute acceptance of any counterproposal submitted by Seller. These terms and conditions are an attachment to the Purchase Order, and upon acceptance, this Purchase Order (including any exhibits or other attachments) shall constitute the entire agreement between Buyer and Seller, superseding all prior negotiations, discussions and dealings, and may not be modified except in writing signed by both Seller and Buyer.
Scope and Acceptance. All Products are supplied pursuant to this Contract. This Contract will become legally enforceable, and Seller shall be deemed to have provided definite and seasonable acceptance of all of the terms and conditions hereof without modification on the earlier of Seller’s delivery of a signed acknowledgment, Seller’s commencement of performance, or Seller’s tender or shipment of all or any portion of the Products covered under this Contract. Company objects in advance to all additional or different terms proposed by Seller in Seller’s quotation, Seller’s acknowledgement and in Seller’s other forms, and any acceptance by Seller of this Contract will be deemed to have occurred without any such Seller-proposed modifications. This Contract contains the entire understanding of the parties and is intended to be a final expression of their agreement and a complete statement of the terms thereof; Seller shall not rely on any document or communication which is not defined herein as forming the Contract.
Scope and Acceptance. 2.1 These Licensing/Maintenance Terms and Conditions are applicable to the supply of the T2i Programs mentioned in an Order Form signed between the Service Provider and the Customer and the provision of the Maintenance services performed by the Service Provider in relation to such Programs.
Scope and Acceptance. This XXXX governs the Licensee’s rights and obligations with respect to the use of the Licensed Products (as defined in Section 1.2) and BPA’s. BPA provides different software products, as listed in its order form (the Order Form), as local on-premise solutions and/or as SaaS. The Licensee may select such software products as it requires (the Licensed Products) and the type of deployment (on-premise or SaaS) from the options available pursuant to the Order Form, based on its needs. By returning to BPA an executed Order Form, opting for an on-premise deployment, the Licensee expressly agrees to be bound by the terms hereof. This XXXX does not govern any services BPA may provide with respect to the Licensed Products under one or more separate agreements, such as integration and/or maintenance and support services. If, within the frame of such services, BPA provides patches, bug-fixes, updates or upgrades to the License, subject to express agreement to the contrary, such elements shall, however, automatically become part of the Licensed Products. For the avoidance of doubt, if the Licensee is a legal entity, any order of the Licensed Products by any of its employees, agents or representatives, on behalf of the Licensee, is deemed as acceptance of the terms of this XXXX by the Licensee. If you are ordering the Licensed Products on behalf of a legal entity, you represent and warrant that you are duly authorized to do so.
Scope and Acceptance. 1.1 Thank you for using Crestron products which include operational software and firmware (collectively, the “Software”), consisting of both Crestron Software and Third Party Software, as defined below. By downloading, installing, or otherwise using the Software on any device designed, manufactured, or sold by or on behalf of Crestron (“Crestron Device”), or using any Crestron Device on which the Software is pre‐installed, you agree to be bound by this Software End‐User License Agreement (“Agreement”).
Scope and Acceptance. Anyone who accesses or uses any part of the Platform is a “User.” The Agreement sets forth your rights and obligations as a User with respect to your access to and use of the Platform and use of any and all information or data of any kind arising from access to or use of the Platform, including, without limitation, any text, graphics, images, art work, sound recordings, audio, video, and software. We reserve the right, in our sole discretion, to change this Agreement (including the Privacy Policy) from time to time, without prior notice (as further described below). You are responsible for reviewing the Agreement each time you access the Platform. YOUR ACCESS OF ANY PART OF THE PLATFORM IS DEEMED TO BE YOUR ACCEPTANCE OF THIS AGREEMENT AS IT EXISTS AT THE TIME YOU ACCESS THE PLATFORM. You must be eighteen (18) years of age or older to use the Platform. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a User. If you are accessing or using any part of the Platform on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.
Scope and Acceptance. Anyone who accesses or uses our Application is an “End User.” The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of the Application and use of any and all information or data of any kind arising from access to, or use of, the Application, including, without limitation, any text, graphics, images, art work, sound recordings, audio, video, and software. We reserve the right, in our sole discretion, to change this Agreement (including the Privacy Policy) from time to time, without prior notice. You are responsible for reviewing the Agreement regularly. Your access to any part of the Application is deemed to be your acceptance of this Agreement, and any changes thereto. If you are accessing or using any part of the Application on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.
Scope and Acceptance. The Agreement sets forth your rights and obligations as a User with respect to your access to and use of the PAC, your submission of materials to the PAC, and your use of any and all information or data of any kind arising from access to or use of the PAC, including, without limitation, any text, graphics, images, art work, sound recordings, audio, video, and software. We reserve the right, in our sole discretion, to change this Agreement (including the Privacy Policy and the POGIL Activity Pathway Policy) from time to time. We will use commercially reasonable efforts to publish to you any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at this URL. Should you deem any change to the Agreement unacceptable, you shall stop accessing and using the PAC. All changes to the Agreement shall be effective immediately. You are responsible for reviewing the Agreement regularly. Your access to any part of the PAC is deemed to be your acceptance of this Agreement, and any changes thereto, existing at the time of your access to the PAC. If you are accessing or using any part of the PAC on behalf of any business, organization, institution, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.
