Common use of Subsequent Unilateral Modification of Product/Service Documents Clause in Contracts

Subsequent Unilateral Modification of Product/Service Documents. Notwithstanding any other provision or other unilateral terms which may be issued by Contractor or any Provider after the dated date of this Agreement, and irrespective of whether any such provisions have been proposed prior to or after the issuance of an order for the products and services being purchased by the Purchasing Entity, as applicable, the components of which are provided and/or licensed under the Product/Service Documents, or the fact that such other agreement may be affixed to or accompany the products and services being purchased hereunder, as applicable, upon delivery (“shrink wrap”), the terms and conditions set forth in this Agreement shall supersede and govern delivery and licensing of all products and services hereunder. This Agreement shall in all cases take precedence over the Product/Service Documents and any ambiguity, conflict or inconsistency in the Product/Service Documents shall be resolved in accordance with this order of precedence.

Subsequent Unilateral Modification of Product/Service Documents. Notwithstanding any other provision or other unilateral license terms which may be issued by Contractor or any Provider after the dated date of this Agreement, and irrespective of whether any such provisions have been proposed prior to or after the issuance of an order for the products and services being purchased by the Purchasing Entity, as applicable, the components of which are provided and/or licensed under the Product/Service Documents, or the fact that such other agreement may be affixed to or accompany the products and services being purchased hereunder, as applicable, upon delivery (“shrink wrap”), the terms and conditions set forth in this Agreement shall supersede and govern delivery and licensing of all products and services hereunder. This Agreement shall in all cases take precedence over the Product/Service Documents included in any order executed hereunder, and any ambiguity, conflict or inconsistency in the Product/Service Documents shall be resolved in accordance with favor of this order Agreement, including the terms of precedencethe documents expressly incorporated into this Agreement.