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Common use of Third Party Components Clause in Contracts

Third Party Components. (a) To enhance Your experience with Your CRICUT GYPSY™ System and Software, the CRICUT GYPSY™ System and Software may include Third Party Components when originally shipped by Provo Craft or that may subsequently be transmitted, distributed or otherwise made available to You from time to time. The use of the Third Party Components (including any updates or upgrades thereto) may be subject to separate or additional terms and conditions. These separate or additional terms and conditions, if any, may be made available in a text file accompanying Third Party Component or may be made available when You use or install the Third Party Components for the first time. (b) With respect to Third Party Components provided to You, Provo Craft is only able to provide the same with Your understanding, acknowledgment and agreement that such Third Party Components are: (i) provided as a convenience to You only; and (ii) unless it is accompanied by a separate end user license agreement, are subject to the terms and conditions of this Agreement as though it were Software, except that such Third Party Components are provided by Provo Craft “AS IS” with no express or implied conditions, endorsements, guarantees, representations or warranties. (c) If a separate end user license agreement applies to any Third Party Components provided by Provo Craft, then the provisions of this Agreement related to Third Party Components will still apply and in no event shall such separate end user license agreements between You and the supplier be binding on Provo Craft or impose any additional obligations, or obligations inconsistent with the terms of this Agreement, whatsoever. To the extent that any particular Third Party Component is covered by an end user license agreement that provides You with rights to use, copy, distribute, or modify all or part of such Third Party Component broader than the rights afforded You under this Agreement for the Software then, solely to the extent You can exercise such broader rights without breaching the terms of this Agreement for the remainder of the Software, You obtain the benefit of such broader rights.

Appears in 1 contract

Samples: End User License Agreement

Third Party Components. (a) To enhance Your experience with Your CRICUT GYPSY™ System EXPRESSION 2 Machine and Software, the CRICUT GYPSY™ System EXPRESSION 2 Machine and Software may include Third Party Components when originally shipped by Provo Craft or that may subsequently be transmitted, distributed or otherwise made available to You from time to time. The use of the Third Party Components (including any updates or upgrades thereto) may be subject to separate or additional terms and conditions. These separate or additional terms and conditions, if any, may be made available in a text file accompanying Third Party Component or may be made available when You use or install the Third Party Components for the first time. (b) With respect to Third Party Components provided to You, Provo Craft is only able to provide the same with Your understanding, acknowledgment and agreement that such Third Party Components are: (i) provided as a convenience to You only; and (ii) unless it is accompanied by a separate end user license agreement, are subject to the terms and conditions of this Agreement as though it were Software, except that such Third Party Components are provided by Provo Craft "AS IS" with no express or implied conditions, endorsements, guarantees, representations or warranties. (c) If a separate end user license agreement applies to any Third Party Components provided by Provo Craft, then the provisions of this Agreement related to Third Party Components will still apply and in no event shall such separate end user license agreements between You and the supplier be binding on Provo Craft or impose any additional obligations, or obligations inconsistent with the terms of this Agreement, whatsoever. To the extent that any particular Third Party Component is covered by an end user license agreement that provides You with rights to use, copy, distribute, or modify all or part of such Third Party Component broader than the rights afforded You under this Agreement for the Software then, solely to the extent You can exercise such broader rights without breaching the terms of this Agreement for the remainder of the Software, You obtain the benefit of such broader rights.

Appears in 1 contract

Samples: End User License Agreement

Third Party Components. (a) To enhance Your experience with Your CRICUT GYPSY™ System MINI Machine and Software, the CRICUT GYPSY™ System MINI Machine and Software may include Third Party Components when originally shipped by Provo Craft or that may subsequently be transmitted, distributed or otherwise made available to You from time to time. The use of the Third Party Components (including any updates or upgrades thereto) may be subject to separate or additional terms and conditions. These separate or additional terms and conditions, if any, may be made available in a text file accompanying Third Party Component or may be made available when You use or install the Third Party Components for the first time. (b) With respect to Third Party Components provided to You, Provo Craft is only able to provide the same with Your understanding, acknowledgment and agreement that such Third Party Components are: (i) provided as a convenience to You only; and (ii) unless it is accompanied by a separate end user license agreement, are subject to the terms and conditions of this Agreement as though it were Software, except that such Third Party Components are provided by Provo Craft "AS IS" with no express or implied conditions, endorsements, guarantees, representations or warranties. (c) If a separate end user license agreement applies to any Third Party Components provided by Provo Craft, then the provisions of this Agreement related to Third Party Components will still apply and in no event shall such separate end user license agreements between You and the supplier be binding on Provo Craft or impose any additional obligations, or obligations inconsistent with the terms of this Agreement, whatsoever. To the extent that any particular Third Party Component is covered by an end user license agreement that provides You with rights to use, copy, distribute, or modify all or part of such Third Party Component broader than the rights afforded You under this Agreement for the Software then, solely to the extent You can exercise such broader rights without breaching the terms of this Agreement for the remainder of the Software, You obtain the benefit of such broader rights.

Appears in 1 contract

Samples: End User License Agreement

Third Party Components. Client acknowledges that in order to provide certain Services and Deliverables hereunder, Expedient may be required to purchase access to third party telecommunications, energy/utility transportation and/or managed service facilities (a) To enhance Your experience with Your CRICUT GYPSY™ System and Software, the CRICUT GYPSY™ System and Software may include "Third Party Components when originally shipped Facilities") and/or purchase/license and provide Client with access to certain software applications and services provided by Provo Craft or that may subsequently be transmitted, distributed third parties ("Third Party Software") (Third Party Facilities and Third Party Software provided or otherwise made available by Expedient to You from time Client hereunder are sometimes referred to timecollectively as "Third Party Components"). The use Client further acknowledges that availability of the these Third Party Components (is based solely on the best information available to Expedient as of the Contract Presentation Date, including any updates or upgrades thereto) may be third party representations and government regulations, and is subject to separate change during the Term of this Agreement with little or additional terms and conditionsno advance notice. These separate or additional terms and conditions, if any, may be made available in a text file accompanying Third Party Component or may be made available when You use or install the If (i) any necessary Third Party Components are determined by Expedient, in its sole discretion to be unavailable as a result of changes to any third party availability, governmental regulations or any other condition or circumstance outside of Expedient's control, (ii) Client's desired solution utilizing Third Party Components cannot be delivered in a manner that meets Expedient's standards for reliability, functionality, availability and security of Expedient's other product offerings, or (iii) in utilizing Client's desired solution of Third Party Components, meeting Client's expectation for functionality and performance would require expenditures and/or a commitment of resources beyond the first time. scope contemplated by Expedient upon original presentation of the Services, then, in each such case: (a) Expedient shall not be in breach hereof or otherwise liable for any failure or inability to provide Services or Deliverables hereunder as a result of such unavailability of any Third Party Components, and (b) With respect to Expedient may in its sole discretion modify, change or replace the applicable Third Party Components provided originally contemplated in order to Youfulfill its obligations under this Agreement and otherwise attempt to mitigate the impact of such unavailability of Third Party Components, Provo Craft is only able provided, if any such modification, change or replacement of the original Third Party Components includes a material price increase with respect to provide the same with Your understanding, acknowledgment and agreement that applicable Services enabled by such Third Party Components are: (i) provided or results in a material impairment of Client's ability to utilize such Services in substantially the same manner as a convenience to You only; and (ii) unless it is accompanied by a separate end user license agreement, are subject they were utilized prior to the terms and conditions modification, change or replacement, Client may cancel the affected Services by providing written notice to Expedient within thirty (30) days after Client's receipt of this Agreement as though it were Software, except that such Third Party Components are provided by Provo Craft “AS IS” with no express or implied conditions, endorsements, guarantees, representations or warranties. (c) If a separate end user license agreement applies to any Third Party Components provided by Provo Craft, then the provisions of this Agreement related to Third Party Components will still apply and in no event shall such separate end user license agreements between You and the supplier be binding on Provo Craft or impose any additional obligations, or obligations inconsistent with the terms of this Agreement, whatsoever. To the extent that any particular Third Party Component is covered by an end user license agreement that provides You with rights to use, copy, distribute, or modify all or part notification of such Third Party Component broader than the rights afforded You under this Agreement for the Software then, solely to the extent You can exercise such broader rights without breaching the terms of this Agreement for the remainder of the Software, You obtain the benefit material price increase or discovery of such broader rightsimpairment.

Appears in 1 contract

Samples: Master Services Agreement

Third Party Components. The Software and future Enhancements may contain certain third party components (a) To enhance Your experience with Your CRICUT GYPSY™ System and Software, the CRICUT GYPSY™ System and Software may include Third Party Components when originally shipped by Provo Craft Components”) which are provided to you under terms and conditions which are different from this Agreement, or that may subsequently be transmitted, distributed which require Licensor to provide you with certain notices or otherwise made available to You from time to timeinformation. The Your use of the Third Party Components (including any updates or upgrades thereto) may be subject to separate or additional terms and conditions. These separate or additional terms and conditions, if any, may be made available in a text file accompanying each Third Party Component which contains or may be made available when You use or install the Third Party Components for the first time. (b) With respect to Third Party Components provided to You, Provo Craft is only able to provide the same with Your understanding, acknowledgment and agreement that such Third Party Components are: (i) provided as a convenience to You only; and (ii) unless it is accompanied by a separate end user its own license agreement, are agreement will be subject to the terms and conditions of such other license agreement, and not this Agreement as though it were SoftwareAgreement. Notwithstanding the foregoing, except that such the following terms and conditions apply to all “Third Party Components”: (i) all Third Party Components are provided by Provo Craft on an “AS IS” basis; (ii) Licensor will not be liable to you or indemnify you for any claims related to the Third Party Components; and (iii) Licensor will not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages with no express or implied conditions, endorsements, guarantees, representations or warranties. (c) If a separate end user license agreement applies respect to the Third Party Components. Your sole and exclusive remedy with regard to any defect, claim, or other dispute relating to the Third Party Components provided by Provo Craft, then the provisions of this Agreement related is to Third Party Components will still apply and in no event shall such separate end user license agreements between You and the supplier be binding on Provo Craft or impose any additional obligations, or obligations inconsistent with the terms of this Agreement, whatsoever. To the extent that any particular Third Party Component is covered by an end user license agreement that provides You with rights to use, copy, distribute, or modify all or part cease use of such Third Party Component broader than the components. • Intellectual Property Ownership. The Software contains material that is protected by United States copyright and trade secret law, and by international treaty provisions. All rights afforded You not expressly granted to Licensee under this Agreement for the Software thenare expressly reserved by Licensor and its licensors. Licensee shall not modify, solely to the extent You can exercise such broader rights without breaching the terms of this Agreement for the remainder of remove or destroy any proprietary markings or confidential legends placed upon or contained within the Software, the Documentation, or any related materials. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Software shall remain the sole and exclusive property of Licensor or its licensors, as applicable. • Beta Software. Licensor may designate certain Enhancements or new releases of the Software as “Beta Software.” Such Beta Software will not be ready for use in a production environment. At this early stage of development, operation of the Beta Software may be unpredictable and lead to erroneous results. You obtain acknowledge and agree that: (i) the benefit Beta Software is experimental and has not been fully tested; (ii) the Beta Software may not meet your requirements; (iii) the use or operation of such broader rights.the Beta Software may not be uninterrupted or error free;

Appears in 1 contract

Samples: End User License Agreement

Third Party Components. (a) To enhance Your experience with Your CRICUT GYPSYIMAGINE™ System and Software, the CRICUT GYPSYIMAGINE™ System and Software may include Third Party Components when originally shipped by Provo Craft or that may subsequently be transmitted, distributed or otherwise made available to You from time to time. The use of the Third Party Components (including any updates or upgrades thereto) may be subject to separate or additional terms and conditions. These separate or additional terms and conditions, if any, may be made available in a text file accompanying Third Party Component or may be made available when You use or install the Third Party Components for the first time. (b) With respect to Third Party Components provided to You, Provo Craft is only able to provide the same with Your understanding, acknowledgment and agreement that such Third Party Components are: (i) provided as a convenience to You only; and (ii) unless it is accompanied by a separate end user license agreement, are subject to the terms and conditions of this Agreement as though it were Software, except that such Third Party Components are provided by Provo Craft “AS IS” with no express or implied conditions, endorsements, guarantees, representations or warranties. (c) If a separate end user license agreement applies to any Third Party Components provided by Provo Craft, then the provisions of this Agreement related to Third Party Components will still apply and in no event shall such separate end user license agreements between You and the supplier be binding on Provo Craft or impose any additional obligations, or obligations inconsistent with the terms of this Agreement, whatsoever. To the extent that any particular Third Party Component is covered by an end user license agreement that provides You with rights to use, copy, distribute, or modify all or part of such Third Party Component broader than the rights afforded You under this Agreement for the Software then, solely to the extent You can exercise such broader rights without breaching the terms of this Agreement for the remainder of the Software, You obtain the benefit of such broader rights.

Appears in 1 contract

Samples: End User License Agreement

Third Party Components. Certain components of the licensed software may rely on or contain software from third-party providers (a) To enhance Your experience with Your CRICUT GYPSY™ System hereinafter referred to as ‘Third-Party Components’), including open source software, whereby the source code of the software is released and Software, the CRICUT GYPSY™ System and Software may include Third Party Components when originally shipped by Provo Craft or that may subsequently be transmittedreproduced, distributed or otherwise made available transmitted in a modified form in adherence with certain terms. In contrast to You from time to time. The this license agreement, the use of the Third Party Components (including any updates or upgrades thereto) third-party components may be subject to separate or additional terms and conditionsconditions (hereinafter referred to as ‘License Terms’ for ease of reading), which need to be adhered to when using the respective third-party components. These separate or additional In cases where third-party components contain open source software, the validity of the restrictions stipulated in this license agreement along with the corresponding license terms and conditions, if any, may shall not apply. A list containing information on third-party components that require disclosure of the respective license terms can be made available in a text file accompanying Third Party Component or may be made available when You use or install obtained from neurocat on request. By accepting the Third Party Components for the first time. (b) With respect to Third Party Components provided to You, Provo Craft is only able to provide the same with Your understanding, acknowledgment and agreement that such Third Party Components are: (i) provided as a convenience to You only; and (ii) unless it is accompanied by a separate end user neurocat license agreement, are subject the Licensee simultaneously consents to the pertinent license terms and conditions for the respective third-party components. As stipulated in Section VI., the Licensor shall be responsible for ensuring that the intended use of this Agreement as though it were Software, except that such Third Party Components are provided by Provo Craft “AS IS” the third-party components in conjunction with no express or implied conditions, endorsements, guarantees, representations or warranties. (c) If a separate end user license agreement applies to any Third Party Components provided by Provo Craft, then the provisions of this Agreement related to Third Party Components will still apply and in no event shall such separate end user license agreements between You licensed software and the supplier contractually governed use thereof adheres to the respective license terms for the third-party components, and that the contractually governed use of the licensed software – in the absence of any express agreements to the contrary – is not restricted by any license terms. If the license terms for third-party components include disclaimers or indemnifications, these shall only apply in relation to the creator of the third-party components. In the absence of any express agreements to the contrary, this shall not affect the Licensor's liability and shall be binding on Provo Craft or impose any additional obligations, or obligations inconsistent with solely governed by the terms of this Agreement, whatsoeverthe neurocat license agreement for demo license end users. To If the extent that any particular Third Party Component licensed software is designed to run with compilation or linking to a third-party component which is covered by an end user the GNU Lesser General Public License, and the licensed software is combined or linked with the third-party component, the Licensee shall be permitted to modify the third-party component and subsequently reconnect it to the licensed software. Furthermore, the Licensee shall be permitted to modify the licensed software for its own use and to undertake reengineering to fix bugs in deviation of Section III., 3.4, if the licensed software has been combined or linked to the third-party component covered by the GNU Lesser General Public License. Provided more extensive rights have not been granted in license agreement terms issued by third parties, and in the case that provides You no additional license terms are stipulated in the aforementioned list, the Licensee shall solely be granted the right to use the third-party components in conjunction with rights to use, copy, distribute, or modify all or part of such Third Party Component broader than the rights afforded You under this Agreement for the Software then, solely licensed software to the extent You can exercise such broader rights without breaching the terms of this Agreement required for the remainder contractually agreed use of the Software, You obtain licensed software. Terms that have been additionally agreed in individual cases or accepted by the benefit of such broader rightsLicensee shall continue to apply without prejudice to the above.

Appears in 1 contract

Samples: License Agreement