Third Party Items Sample Clauses
The Third Party Items clause defines the terms under which products, services, or components provided by entities other than the contracting parties are included or used within the agreement. Typically, this clause clarifies that such third-party items are subject to their own separate licenses or terms, and may specify that the main parties are not responsible for the performance, support, or warranties of these items. Its core function is to allocate risk and responsibility by making clear that the contracting parties are not liable for issues arising from third-party products or services, thereby preventing misunderstandings and disputes related to external components.
Third Party Items. The Service Provider must ensure that Health has the benefit of any warranties, indemnities and other protections provided by any third party in relation to any Equipment, Software or other items or services provided to Health by the Service Provider but this does not in any way relieve the Service Provider from meeting its obligations under this Services Agreement (including to meet the Outcomes).
Third Party Items. Certain Third Party Items may be incorporated into Products or Products may be used in conjunction with Third Party Items. Third Party Items, and all intellectual property rights therein and relating thereto (including, without limitation, all trade secrets, know-how and copyrighted material in any form), shall remain the exclusive property of the third party licensor and End User acquires no ownership rights in the Third Party Item. Third Party Items may contain unpublished information and embody valuable trade secrets proprietary to the third party and its suppliers and licensors. Third Party Items shall constitute “Confidential Information” and may be or contain trade secrets for the purposes of the confidentiality provisions of this Agreement, or any other separate confidentiality agreement between the parties. End User shall hold in confidence and not disclose to any third party, indefinitely, any Third Party Items, or any other unpublished or confidential information about the Third Party Items. Third Party Items may be subject to:
a. separate and/or additional fees, b. a limited license or usage period,
c. license conditions and/or restrictions (including, without limitation, Third Party Item can only be used: in conjunction with a Product; by a specified type of users; by a specified number of named-users; on a specified type or number of servers; in compliance with other system characteristics, usage, installation environments, archiving requirements; with data models provided by ▇▇▇▇▇▇▇▇; for a limited time period; by the specific End User without any right to transfer or assign the Third Party Item to anyone else), and
d. separate, additional and/or different terms, conditions, warranties and/or support. Sandvine will use commercially reasonable efforts to provide applicable information about Third Party Items to the End User in a timely manner. If the third party provides a warranty or support directly to end users for the Third Party Item then End User shall be entitled to such warranty or support from the third party. Notwithstanding the foregoing: (I) nothing in this Agreement is intended to extend to any End User any warranty, support or indemnity obligation on behalf of any third party by ▇▇▇▇▇▇▇▇; and (II) there is no warranty or support provided by Sandvine for any Third Party Items unless and to the extent specifically and expressly stated by Sandvine in this Agreement. End User shall assume sole responsibility for End User’s selection,...
Third Party Items. 9.1 For the purposes of the Agreement, “Third Party Items” shall mean software, services, activities, content, materials, documents, graphics, products, goods or devices supplied by a third person or entity (i.e. other than Supadata) to the User.
Third Party Items. Customer agrees to purchase, install and maintain all necessary or appropriate Hardware, third party software, and/or operating system(s) as recommended and agreed with SKYWIRE for use with the Intellectual Property. All Hardware, network and related systems, operating system(s), and other third party software acquired pursuant to the foregoing, including ongoing support and upgrades for any such items are the sole responsibility of Customer. SKYWIRE shall not provide any support necessitated by, and disclaims all damages arising in connection with, data corruption or disruption or modification of the Intellectual Property caused by third party software or third party interfaces.
Third Party Items. Certain Third Party Items may be incorporated into Products or Products may be used in conjunction with Third Party Items. Third Party Items, and all intellectual property rights therein and relating thereto (including, without limitation, all trade secrets, know-how and copyrighted material in any form), shall remain the exclusive property of the third party licensor and End User acquires no ownership rights in the Third Party Item. Third Party Items may contain unpublished information and embody valuable trade secrets proprietary to the third party and its suppliers and licensors. Third Party Items shall constitute “Confidential Information” and may be or contain trade secrets for the purposes of the confidentiality provisions of this Agreement, or any other separate confidentiality agreement between the parties. End User shall hold in confidence and not disclose to any third party, indefinitely, any Third Party Items, or any other unpublished or confidential information about the Third Party Items. Third Party Items may be subject to:
a. separate and/or additional fees, b. a limited license or usage period,
Third Party Items. Where you are responsible for providing third party items (such as software or hardware), you shall procure the necessary licences or consents for you and us to use such items for the purposes of the Agreement.
Third Party Items a. Company represents and warrants that:
i. It has the legal authority to deposit and negotiate all Third Party Items, regardless of the name of the payee shown on the check;
ii. It has obtained written authorization from each third party payee, including but not limited to those provided as Acceptable Payees, for Bank to endorse such Third Party Items as payable to Company and to deposit such items into Company’s Lockbox Account;
iii. Such third party payee authorization includes an assignment to Company of the third party payee’s right, title and interest in and to each of such Third Party Item;
iv. Company will retain a copy of each such third party payee authorization for at least seven (7) years after the termination of the Agreement and will provide a copy of any such authorization to Bank upon request; and
v. Each such third party payee authorization shall be in effect and fully operative at all times that Bank provides Lockbox Service under the Agreement with respect to such Third Party Items.
b. Company agrees to indemnify Indemnified Parties against, and hold the Indemnified Parties harmless from Losses and Liabilities suffered or incurred by any of the Indemnified Parties as a result of, or in connection with, Bank’s acceptance of Third Party Items in accordance with this Service Description and the Agreement. The indemnification set forth in this Section shall be in addition to, and not in lieu of, indemnification and other rights of Bank under the Agreement.
c. Company will also be liable for repayment of any overdrafts and/or fees related to the return of any Third Party Items, regardless of the balance in Company’s Account at the time the check was deposited or returned.
d. Bank reserves the right to reject any check for deposit and discontinue the acceptance of Third Party Items at its discretion, without liability to Company.
Third Party Items. To the extent not procured by Owner, but for the protection of Owner, M3 shall require from alt contractors, subcontractors and vendors from which M3 procures services, machinery, equipment or materials, warranties and guarantees with respect to such services, machinery, equipment and materials; and the same shall be in the name of Owner or assigned to Owner. M3’s liability with respect to such services, machinery, equipment and materials obtained from contractors, subcontractors or vendors shall be limited to procuring warranties and guarantees from such contractors, subcontractors and vendors and rendering all reasonable assistance to Owner for the purpose of enforcing the same.
Third Party Items a. Third Party Items will be provided under the applicable terms of the third party supplier, which are incorporated herein and available on the Legal Documents Resource Center found at ▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇/Legal-Docs (the “Third Party Terms”). Company may revise the Third Party Terms at any time by posting a new version at such web address. Company makes no warranties of any kind with respect to Third Party Items, hardware or other software proprietary to any third party.
b. Although Company may recommend third party vendors (including individuals) who may be able to assist Customer with the various options available to set up and use the Licensed Software and Services, the agreement for any such third party items (for example, providers of internet/online access and communication services) and/or hardware will be exclusively between the Customer and such third party and Company will not have any responsibility or obligation under such agreement if any is entered into by Customer. COMPANY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING PRODUCTS AND SERVICES THAT ARE NOT PURCHASED FROM AND PROVIDED DIRECTLY BY AZCOMP OR e-MDS, INCLUDING THE COMPATIBILITY OF SUCH PRODUCTS AND SERVICES WITH e-MDs SOFTWARE AND SERVICES.
c. Any links or references in the Software or Services to third party sites or third party information are provided for Customer’s convenience and the inclusion or reference by Company to any such third party items does not imply any endorsement of such item by Company. SUCH LINKED OR ACCESSED THIRD PARTY ITEMS ARE NOT UNDER THE CONTROL OF COMPANY AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OR SERVICES OR RESOURCES THAT MAY BE PROVIDED THROUGH OR BY ANY SUCH THIRD PARTY OR ANY CHANGES TO SUCH THIRD PARTY ITEMS.
Third Party Items. Certain commercial third-party software products, hardware products, and services (“Third- Party Items”) are contained in or used to deliver the Software Service. Customer accepts these Third-Party Supplier Terms by using the Software Service. Third-Party Items are provided to Customer “AS IS” and Company makes no warranties and will have no liability for Third-Party Items whatsoever.