Software Agreements. A. Shrink/Click-wrap License Agreement
Software Agreements. Effective as of December 5, 2002 for the DMSS5100 Agreement and November 26, 2003 for the DMSS5010 Agreement, all references to the term “CDMA Modem Card” in the DMSS5100 Agreement and DMSS5010 Agreement shall be deemed deleted and replaced with the term Subscriber Unit (as defined in this Amendment).
Software Agreements. Partner is responsible for securing, and may only distribute the Product and maintenance and support thereof to Customers subject to the Software License Agreement and Maintenance Agreement. Partners may not modify or amend the terms and conditions of the Software Agreements with regard to TimeXtender Product without the written approval of TimeXtender. Partner shall assume full responsibility towards Customer for any deviation from Marketing Materials, Software License Agreement and other documents provided by TimeXtender and shall indemnify TimeXtender from any claim by Customer based on such according to section 7e. Sales Summary Document. Partner shall provide all appropriate information required by TimeXtender in addition to completed Software Agreements for purposes of appropriate revenue booking and shipping of product to Customer and/or partners. Pricing. Partner may establish the prices and discounts at which Partner offers the Product to Customers within the Territory. TimeXtender will provide Partner with TimeXtender Product Pricing Sheets in effect from time to time containing TimeXtender’s suggested prices for the Product and Maintenance services. The recommended prices will not affect Partner’s right to establish Partner’s own list prices, discounts or the prices that Partner actually charges any Customer, excluding Maintenance.
Software Agreements. For your convenience, Vidigami may make third-party software available to you through or in connection with the Vidigami Services. All such software is owned or licensed by third parties, and your downloading and use of the software is subject to the applicable End User License and applicable Terms of Services Agreements. Vidigami has no control over or responsibility or liability for any software downloaded from or in connection with the Vidigami Services, and Vidigami makes no representations, warranties or conditions regarding the software. Your downloading and use of the software and your dealings with the owners and providers of the software is at your own risk, and you may not make any claim against Vidigami arising out of, connected with, or relating to your downloading and use of any software. The provisions of this Agreement under the section headed Disclaimers, Liability Exclusion, Liability Limitation and Indemnity apply, with all necessary modifications, to your downloading and use of any software downloaded from or in connection with the Vidigami Services.
Software Agreements. 1) Customers acquiring Term Subcription Software Agreement and SaaS Software Service Agreement under this Contract shall hold, use and operate such agreements to compliance with the Term Subcription Software Agreement and SaaS Software Service Agreement set forth in Appendix D and Appendix E of this Contract. No changes to these Agreements terms and conditions may be made unless previously agreed to between Vendor and DIR. Customers may not add, delete or alter any of the language in Appendix D and Appendix E; provided however, that a Customer and Vendor may agree to additional terms and conditions that do not diminish a term or condition in the Term Subcription Software Agreement and the SaaS Services Agreement, or in any manner lessen the rights or protections of Customer or the responsibilities or liabilities of Vendor or order Fulfiller shall make the Term Subcription Software Agreement and SaaS Software Service Agreement terms and conditions available to all Customers at all times.
2) Compliance with Appendix D and E Agreements are the responsibility of the Customer. DIR shall not be responsible for any Customer’s compliance with these Agreement. If DIR purchases Term Subcription Software and/or SaaS Software Service Agreement for its own use under this Contract, it shall be responsible for its compliance with the Term Subcription Software Agreement and SaaS Software Service Agrement terms and conditions.
Software Agreements. As additional security for the payment of the Liabilities, Borrower shall execute and deliver an assignment of all of the Software Agreements (the "Software Assignment"), in form and manner satisfactory to Lender.
Software Agreements. Distributor will, at USC's request, assign or perfect the assignment to USC or its designee of all Software Agreements executed with customers and notify these customers of such assignment.
Software Agreements. For your convenience, Milestone may make third-party software available to you through or in connection with the Milestone Services. All such software is owned or licensed by third parties, and your downloading and use of the software is subject to the applicable End User License Agreement. Milestone has no control over or responsibility or liability for any software downloaded from or in connection with the Milestone Services, and Milestone makes no representations, warranties or conditions regarding the software. Your downloading and use of the software and your dealings with the owners and providers of the software is at your own risk, and you may not make any claim against Milestone arising out of, connected with, or relating to your downloading and use of any software. The provisions of this Agreement under the section headed Disclaimers, Liability Exclusion, Liability Limitation and Indemnity apply, with all necessary modifications, to your downloading and use of any software downloaded from or in connection with the Milestone Services.
Software Agreements. For your convenience, Vidigami may make third-party software available to you through or in connection with the Vidigami Services. All such software is owned or licensed by third parties, and your downloading and use of the software is subject to the applicable End User License and applicable
Software Agreements. In the event Distributor has intentionally and ------------------- willfully breached Davox's intellectual property rights, Distributor will, at Davox's request, assign or perfect the assignment to Davox or its designee of all Software Agreements executed with customers and notify these customers of such assignment.
