Common use of Shrinkwrap Licenses Clause in Contracts

Shrinkwrap Licenses. The Agreement, and any exhibit or appendix to the Agreement, shall replace, supersede, and override any and all shrinkwrap license (“Shrinkwrap License”) and/or click-on, webwrap, browsewrap or clickwrap online license agreements (“Click-On License”) Company has or will have concerning the Software, even in the event that Saint Luke’s, Facilities or their respective employees, agents, customers, subservicers, or subcontractors are required to click-on an “accept button”, or other accept-type button, prior to obtaining access to the Software and notwithstanding any requirement or provision by such Shrinkwrap or Click-On License provides of (i) clear notice of the applicable contract terms, (ii) a reasonable chance to review those contract terms prior to using any such Software, (iii) the performance of an act to affirmatively indicate consent to those contract terms before obtaining access to the Software (the requirement to click on an accept button), and (iv) the requirement of a digital signature.

Appears in 9 contracts

Samples: Master Purchasing Agreement, Master Purchasing Agreement, Product Purchasing Agreement

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Shrinkwrap Licenses. The Agreement, and any exhibit or appendix to the Agreement, shall replace, supersede, and override any and all shrinkwrap license (“Shrinkwrap License”) and/or click-on, webwrap, browsewrap or clickwrap online license agreements (“Click-On License”) Company has or will have concerning the Software, even in the event that Saint Luke’s, Facilities or their respective employees, agents, customers, subservicers, or subcontractors are required to click-on click -on an “accept button”, or other accept-type button, prior to obtaining access to the Software and notwithstanding any requirement or provision by such Shrinkwrap or Click-On License provides of (i) clear notice of the applicable contract terms, (ii) a reasonable chance to review those contract terms prior to using any such Software, (iii) the performance of an act to affirmatively indicate consent to those contract terms before obtaining access to the Software (the requirement to click on an accept button), and (iv) the requirement of a digital signature.

Appears in 1 contract

Samples: Product Purchasing Agreement

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