Subscription Products Sample Clauses

Subscription Products. NetApp will determine the Subscription Products used to deliver Subscription Services. In making such determination NetApp may:
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Subscription Products. NetApp will determine the Subscription Products used to deliver Subscription Services. The respective rights and obligations of NetApp and End User, including processes for adjusting the Subscription Services, are more fully described in the applicable End User Terms and Service Description.
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Subscription Products. The fees for Subscription Products include Support for the duration of the applicable term or subscription period purchased by Licensee.
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Subscription Products. NetApp will determine the Subscription Products used to deliver Subscription Services. In making such determination NetApp may: (a) choose, substitute, and modify Subscription Product configurations; (b) configure, control, and direct the use of Subscription Products; (c) scale Subscription Services by adding or removing any part of the Subscription Products provided by NetApp to adjust to variations in utilization; and (d) refresh Subscription Products with new technology when reasonably deemed appropriate. Customer will cooperate with NetApp to enable the installation, documentation, and utilization, of Subscription Products, including providing such access and authorization as is reasonably necessary to complete the installation. NetApp reserves the right to deinstall Subscription Products that NetApp deems unnecessary to fulfill the Service Level requirements at any time. Notwithstanding the foregoing, NetApp will have no obligation to meet the applicable Service Levels, nor add Subscription Products needed to meet such Service Levels, if Customer increases usage of the Subscription Services during the final 90 days of the Subscription Term, unless the Parties have agreed in writing to renew or otherwise extend the Subscription Term prior to or during such final 90 day period.
Sample 1
Subscription Products. For the sale or renewal of any Subscription Product in the Category A Products to an End User Site for which Reseller is the Assigned Sales Partner, Bentley will pay Reseller compensation equal to 20% of the revenue recognized by Bentley (in accordance with generally accepted accounting principles) for such Subscription Product until the earlier of (x) the end of the payment period, and (y) the termination date of this Agreement. For the sale of any Subscription Product in the Category B Products to an End User Site for which Reseller is the Assigned Sales Partner, Bentley will pay Reseller compensation equal to 40% of the revenue recognized by Bentley (in accordance with generally accepted accounting principles) for such Subscription Product until the earlier of (a) the end of the payment period, and (b) the termination date of this Agreement.
Sample 1
Subscription Products. Subject to the terms and conditions of this Agreement and provided that Licensee has paid the applicable fees, Riverbed grants Licensee a limited, personal, non-sublicensable, non-transferable (except as expressly provided in Section 10), nonexclusive license for the duration of the subscription term purchased by Licensee to: (a) install, access, and use the Subscription Product (in object code format only), (b) access, use, and reasonably reproduce the Documentation, and (c) exercise any other rights applicable to the Subscription Product as expressly set forth in the Additional Use Rights. Each instance of the applicable Subscription Product may be used only for the term of the license purchased by Licensee.
Sample 1

Related to Subscription Products

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Purchase of Products You agree to purchase from Us the hardware products, software licenses and services listed on the Order Form, together with all existing accessories, attachments, replacements, and additions (collectively the “Products”) upon the terms stated herein. For the avoidance of doubt, postage meters for use in mailing machines are excluded from the definition of Products. This Purchase Agreement is binding on You as of the date You sign it. This Purchase Agreement is not binding on Us until We sign it or until the Products are shipped, whichever happens first.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

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