OEM Distributor definition

OEM Distributor. A Symbol partner authorized by Symbol to purchase and remarket the OEM Products within the Territory only to OEM Customers.

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OEM Distributor means a third party, excluding any Affiliate of the Licensee or any other parties which are Controlled by any of the shareholders of the Licensor or any of its Affiliates, who purchases Licensed Products for re-sale on a stand-alone basis or as component of its own products, under its own trademark and label.

OEM Distributor means a company – also a Licensee - which has been authorized by Licensor to sell and support Service with a separate agreement executed between Licensor and OEM Distributor, where Service may be offered under a different name and via a different access mechanism enabled by OEM Distributor’s own portfolio of software products and services.

Examples of OEM Distributor in a sentence

• OEM Distributor will not sell OEM Products to third parties other than OEM Customers, and will not sell OEM Products outside the Territory except with the specific prior written consent of Symbol.

• Symbol appoints OEM Distributor and OEM Distributor accepts appointment as a reseller of the OEM Products, symbol grants OEM Distributor a non-exclusive right to purchase OEM Products, at the Product Prices, for resale only to the OEM Customers listed in Schedule B within the Territory.

• Symbol reserves the right not to sell OEM Products to OEM Distributor that it determines cannot be adequately supported by OEM Distributor in the Territory.

• Symbol has the right to appoint other OM Distributors and agents in the Territory and/or to make direct sales in the Territory, without any obligation to OEM Distributor and without OEM Distributor’s prior consent.

• Based on Symbol’s evaluation of the Distributor’s services per the criteria set forth in Schedule D OEM Services and the OEM Distributor program, [REDACTED] [REDACTED] { X } VALUE-ADD DISTRIBUTOR { } AUTO ID DISTRIBUTOR { } NICHE DISTRIBUTOR THIS DISTRIBUTOR AGREEMENT (THE “AGREEMENT”), BETWEEN SYMBOL TECHNOLOGIES, INC.

• For Licensee’s convenience, any written agreement referenced in this Section 2.6 with an OEM, Distributor or End User may also pertain to other computer programming code without specifically referencing the Licensed Software (as long as it covers the Licensed Software), but Intel grants no right hereunder with respect to such other computer programming code.

• SMTC warrants that the Finished Goods sold ----------------------- under this Agreement will be free from manufacturing defects for a period of eighteen (18) months from date of shipment to customer (OEM, Distributor, VAR, reseller, or direct sales).

• In the event of the occurrence of reduction in royalties due to infringement by a third party or parties of a patent within Licensed Patents in the Territory, the minimum of EUR [***] per Product Unit sold to any other third party that is not a Distributor or OEM Distributor, and the minimum of EUR [***] per Product Unit sold to a Distributor or OEM Distributor, shall not be applicable.

• CGS and CMA have entered into that certain OEM Distributor Agreement of even date (hereinafter the “NDA”).

• During the term of the Agreement, Licensee will pay Licensor royalties of [***] percent ([***]%) of Net Sales of Licensed Products but in no event less than EUR [***] per Product Unit plus VAT, if applicable, sold to any other third party that is not a Distributor or OEM Distributor.