General. No PremiumSoft dealer, agent or employee is authorized to make any amendment to this EULA. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of PremiumSoft to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach. If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
General. The Fund is a mutual investment fund (Fonds Commun de Placement), organised under the laws of the Grand Duchy of Luxembourg as an unincorporated co-proprietorship of its securities. The Fund is managed in the interest of its co-owners (the "Unitholders") by the Management Company, a company organised under the laws of the Grand Duchy of Luxembourg and having its registered office in Luxembourg. The Fund is registered under Part II of the Luxembourg Law of 17 December 2010, as amended, relating to Undertakings for Collective Investment. The Fund qualifies as an Alternative Investment Fund within the meaning of the Directive 2011/61/EU of the European Parliament and the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and regulations (EC) No 1060/2009 and (EU) No 1095/2010 ("AIFM Directive"). The Management Company is governed by Chapter 15 of the Luxembourg Law of 17 December 2010, as amended, relating to Undertakings for Collective Investment and is authorised as an Alternative Investment Fund Manager under the AIFM Directive, the Level II Regulation, the 2013 Law as well as any implementing measure of the AIFM Directive or the 2013 Law ("AIFM Rules"). Reference to the Fund shall, where appropriate in the context, mean the Management Company acting on behalf of the Fund. The Management Company uses the proceeds from the sale of the Units of the sub-fund to purchase Class A Shares of the Underlying Fund. As at 30 April 2020, the Fund consisted of 1 Sub-Fund: Fidelity World Funds - India Focus Fund. No Material changes occurred to the Fund during the year ended 30 April 2020. The Statement of Net Assets and the Statement of Operations and Change in Net Assets for the Sub-Fund stated in currencies other than JPY have been converted at exchange rates prevailing at the year-end.
General. If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
General. This License is governed by the Laws of Austria, without regard to conflict of laws principles therein. The Courts in Vienna, Austria, shall have exclusive jurisdiction to adjudicate any dispute arising out of this License and You hereby consent to the personal jurisdiction of the Courts in Vienna, Austria. This License is the entire agreement between You and Vienna Symphonic Library GmbH and supersedes any other communication with respect to the Software. No modification of or amendment to this License will be effective unless in writing signed by both parties. If any provision of this License is held invalid or unenforceable, the remainder of this License will continue in full force and effect.
General. The Fund is a mutual investment fund (Fonds Commun de Placement), organised under the laws of the Grand Duchy of Luxembourg as an unincorporated co-proprietorship of its securities. The Fund is managed in the interest of its co-owners (the "Unitholders") by the Management Company, a company organised under the laws of the Grand Duchy of Luxembourg and having its registered office in Luxembourg. The Fund is registered under Part II of the Luxembourg Law of 17 December 2010, as amended, relating to Undertakings for Collective Investment. The Fund qualifies as an Alternative Investment Fund within the meaning of the Directive 2011/61/EU of the European Parliament and the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and regulations (EC) No 1060/2009 and (EU) No 1095/2010 ("AIFM Directive"). The Management Company is governed by Chapter 15 of the Luxembourg Law of 17 December 2010, as amended, relating to Undertakings for Collective Investment and is authorised as an Alternative Investment Fund Manager under the AIFM Directive, the Level II Regulation, the 2013 Law as well as any implementing measure of the AIFM Directive or the 2013 Law ("AIFM Rules"). Reference to the Fund shall, where appropriate in the context, mean the Management Company acting on behalf of the Fund. As at 30 April 2016, the Fund consisted of 1 Sub-Fund: Fidelity World Funds - India Focus Fund. During the year ended 30 April 2016 the Fund invested only in the sub-fund of Fidelity Funds. The Statement of Net Assets for the Sub-Fund stated in currencies other than JPY has been converted at exchange rates prevailing at the year-end whilst the Statement of Operations and Change in Net Assets have been converted using an average exchange rate for the year. The Board of the Management Company has adopted the principles of the ALFI (Association of the Luxembourg Fund Industry) Code of Conduct issued in June 2013, which sets out the principles of good governance, and considers that the Fund has been in compliance with them in all material respects throughout the financial year ended 30 April 2016.
General. 10.1 Independent Contractors. The parties acknowledge and agree that each is an independent contractor. This Agreement will not be construed to create a partnership, joint venture or agency relationship between the parties.
10.2 Entire Agreement. The terms and conditions of this Agreement apply to all Software licensed, all User Documentation provided, and all Maintenance purchased hereunder. This Agreement will supersede any different, inconsistent or preprinted terms and conditions in any order form of Yours, purchase order or other ordering document.
10.3 Assignment. You have no right to assign, sublicense, pledge, or otherwise transfer any of Your rights in and to the Software, User Documentation or this Agreement, in whole or in part (collectively, an “Assignment”), without Parasoft’s prior written consent and payment of the applicable assignment fee. Any Assignment without such consent will be null and void. Any change in control of Your organization or entity, whether by merger, share purchase, asset sale, or otherwise, will be deemed an Assignment subject to the terms of this Section 10.3.
10.4 Force Majeure. No failure, delay or default in performance of any obligation of a party to this Agreement, except payment of license fees due hereunder, will constitute an event of default or breach of the Agreement to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the reasonable control of such party, including, without limitation, action or inaction of a governmental agency, civil or military authority, fire, strike, lockout or other labor dispute, inability to obtain labor or materials on time, flood, war, riot, theft, earthquake or other natural disaster (“Force Majeure Event”). The party affected by such Force Majeure Event shall take all reasonable actions to minimize the consequences of any Force Majeure Event.
10.5 Severability. If any provision of this Agreement is held to be illegal or otherwise unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of the Agreement will remain in full force and effect.
10.6 Waiver. The waiver of any right or election of any remedy in one instance will not affect any rights or remedies in another instance. A waiver will be effective only if made in writing and signed by an authorized representative of the applicable party.
10.7 Notices. All notices required by this Agreement will be in writing, address...
General. (1) Each party is responsible for complying with any obligations applying to it under applicable Canadian data privacy laws and regulations (“Laws”).
General. 16.1 Any notice or other communication in connection with the Contract shall be sufficiently served if delivered by hand or registered post to the party’s office address stated in the Purchase Order or in Supplier’s Quotation or its registered office address.
General. 18.1 Except as expressly provided in the Agreement in relation to the EY Network Members, a person who is not a party to the Agreement may not enforce any of its terms
General. 23.1 Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.