Terms and guarantees Sample Clauses

Terms and guarantees. The Software and accompanying documentation are being licensed to you, meaning that you have the right to use the Software only in accordance with this License Agreement. The Software is considered in use on a computer/server when it gets loaded on a temporary or permanent memory. The license is absolutely personal, therefore the Service Provider cannot transfer, sale, sublicense or otherwise distribute the Software as a permanent license to third parties. The Service Provider can make the functionality of the Software available to a single end user or to multiple end users (individual or companies), according to the specific single tenant or multi-tenant capabilities purchased, only through hosting or software-as-a-service. The Service Provider can use the Software for its company. Every licensed copy of the Software can be installed on a single computer property of or in rent to the end user. Once installed this copy cannot be installed on other computers unless the license is moved and it is not used any more on the original computer. As set forth in the applicable order form or Proposal – Sales Order, the license shall either be perpetual or for a specified period of time. In either case, such license shall be subject to Your payment of the applicable license or subscription fee (as determined by IMAGICLE and set forth in the applicable order form or Proposal – Sales Order ) and your receipt and use of an applicable license key from IMAGICLE. This Agreement shall begin upon the earlier of Your acceptance of this Agreement or Your use of the Software and shall continue until: (a) in the case of Your licensing the Software on a subscription basis, the expiration of the applicable subscription term; or (b) the date on which this Agreement and/or the license is terminated by IMAGICLE as permitted in this Agreement and/or in the Imagicle Terms and Conditions of Sale. In the event the Software is licensed on a subscription basis, you may access and use the functionality of the Software for so long as You pay the applicable subscription fees and the subscription term is maintained. If You do not renew your subscription in accordance with the terms of this Agreement, the Software functionalities will be affected and may cease functioning. It will be possible to cancel the license at any time by stopping to use all the copies of the Software and the relative documentation without expecting anything from Imagicle Spa. Imagicle Spa guarantees that the software op...
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Related to Terms and guarantees

  • Amendments This Agreement may not be amended, modified or waived as to any particular provision, except by a written instrument executed by all parties hereto.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Definitions For purposes of this Agreement:

  • Interpretation In this Agreement, unless the context otherwise requires:

  • Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).

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