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. 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
18.2 If any provision or part provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted.
18.3 Except in respect of any fraudulent misrepresentation, the Agreement constitutes the
18.4 No failure or delay on the part of either party in enforcing the Agreement shall be or shall be deemed to be a waiver of or in any way prejudice any right of that party under the Agreement. Any waiver by either party of any of its rights under the Agreement must be in writing.
18.5 Sections 4, 5, 7, 8, 12, 13, 15, 16 and this Section 18 shall continue in full force and effect following the termination or expiry of the Agreement for any reason.
General. This EULA constitutes the entire agreement of the parties with respect to the subject matter hereto and supersede all prior negotiations, conversations, or discussions between the parties relating to the subject matter hereto, oral or written, and all past dealings or industry custom. Any additional and/or conflicting terms and conditions on purchase order(s) or any other documents issued by you are null, void, and invalid. This EULA and the rights and obligations hereunder may not be assigned by you, in whole or in part, including by merger, consolidation, dissolution, operation of law, or any other manner, without written consent of NVIDIA, and any purported assignment in violation of this provision shall be void and of no effect. NVIDIA may assign, delegate or transfer this EULA and its rights and obligations hereunder, and if to a non-Affiliate you will be notified. Each party acknowledges and agrees that the other is an independent contractor in the performance of this EULA, and each party is solely responsible for all of its employees, agents, contractors, and labor costs and expenses arising in connection therewith. The parties are not partners, joint ventures or otherwise affiliated, and neither has any authority to make any statements, representations or commitments of any kind to bind the other party without prior written consent. Neither party will be responsible for any failure or delay in its performance under this EULA (except for any payment obligations) to the extent due to causes beyond its reasonable control for so long as such event of force majeure continues in effect. This EULA will be governed by and construed under the laws of the State of Delaware and the United States without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties consent to the personal jurisdiction of the federal and state courts located in Santa Clara County, California. You acknowledge and agree that a breach of any of your promises or agreements contained in this EULA may result in irreparable and continuing injury to NVIDIA for which monetary damages may not be an adequate remedy and therefore NVIDIA is entitled to seek injunctive relief as well as such other and further relief as may be appropriate. If any court of competent jurisdiction determines that any provision of this EULA is illegal, invalid or unenforceable, the remaining provisions will remai...
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.
16.2 If any provision(s) of the Contract shall be held illegal, invalid or unenforceable, the legality, validity or enforceability of any other provisions shall not be affected.
16.3 Any amendment or variation of the Contract shall be effective if made in writing and signed by duly authorized representatives of all parties.
16.4 A person who is not a party to the Contract shall have no right to enforce any of its terms.
16.5 No waiver by the Buyer of any breach of the Contract shall be effective, unless it is in writing and no failure or delay by the Buyer in enforcing any provision of the Contract or in exercising any right or remedy shall operate as a waiver. The rights and remedies provided are cumulative and not exclusive of any rights or remedies provided by law. 16.6 The Contract is governed by the laws of Japan.
General. The validity, construction and performance of this Agreement shall be governed by the laws of Japan. VOCAL LIBRARY LICENSE AGREEMENT This Vocal Library License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and YAMAHA CORPORATION ("YAMAHA") for VOCALOID(TM) Library of the singer "Sweet Ann" provided by YAMAHA (the "Library"). By installing, copying, or otherwise using the Library, you are deemed to be bound by all the terms and conditions of this Agreement. If you do not agree to the terms of the Library, you may not use the Library.
General. The validity, construction and performance of this Agreement shall be governed by the laws of Japan.