DISTRIBUTOR AGREEMENT
|
|
- Esmond Henry
- 6 years ago
- Views:
Transcription
1 DISTRIBUTOR AGREEMENT This Distributor Agreement (the "Agreement") is entered into as of, 20 ("Effective Date"), by Absoft Corporation ("Absoft"), 2781 Bond Street, Rochester Hills, Michigan 48309, U.S.A., and ("Distributor") having a place of business at Absoft and Distributor agree as follows: 1. DEFINITIONS. In this Agreement, the terms listed below have the following meanings: (a) (b) (c) "Products" mean those retail computer-software products developed by Absoft listed in the price list attached as Exhibit A. "Market" means the geographical area and product market set forth in Exhibit B. If the parties agree to include additional geographical areas or product markets in the Market during the term of this Agreement, they shall be added to Exhibit B. "Price" means the price to Distributor for the software products set forth in Exhibit A. Absoft may, in its sole discretion, increase or decrease prices for the products upon giving the notice required by section 6(e). 2. APPOINTMENT AS A DISTRIBUTOR. Absoft appoints Distributor as a nonexclusive Distributor in the Market for Products made available to Distributor by Absoft from time to time for distribution by Distributor. Products include computer software developed by Absoft, including documentation and related materials (collectively "Software"). Distributor shall have the right, for the term and subject to the conditions of this Agreement, to sell limited licenses for the use of the Software, in the form and packaging supplied by Absoft, in the Market. 3. PURCHASE OF PRODUCTS. Absoft shall sell and the Distributor shall purchase Products at the Prices set forth in Exhibit A. 4. TERMS OF PAYMENT ORDERS AND DELIVERY. (a) (b) Absoft shall ship Products promptly upon receipt of Distributor's order and payment in full for the Products. Distributor shall pay for the Products in U.S. dollars by wire transfer or in such other manner as Absoft shall approve in advance of payment. Orders shall be shipped F.O.B. Absoft's warehouse. All freight, insurance, duty, and taxes applicable to the sale of Products shall be paid by Distributor in addition to the current Price. However, no sales or use tax will be charged to Distributor if Distributor has previously supplied Absoft with appropriate tax exemption 1
2 certificates in a form satisfactory to Absoft. The prices, terms and conditions stated in this Agreement shall apply to orders for Products by Distributor regardless of the provisions of Distributor's invoices, purchase orders or other business forms. 5. DUTIES OF DISTRIBUTOR. Distributor shall: (a) (b) (c) (d) (e) (f) Use its best efforts to sell and promote Products in the Market, including (i) attendance by Distributor at trade shows at which Distributor shall promote the Products, (ii) listing the Products in Distributor's product lists and Distributor's other marketing information, (iii) advertising the Products in trade journals, magazines, and other appropriate publications, and (iv) at Absoft's request, translating and distributing Absoft's press releases and other publicity and sales materials. Use its best efforts to protect copyrights, trademarks, and other proprietary rights of Absoft in the Products. Use its best efforts to offer technical support of the Products to its customers and to advise Absoft immediately if it is unable to respond to customer inquiries effectively. Comply with all applicable foreign (including, without limitation, the U.S Export Administration Act), federal, state, and local laws and ordinances in performing its duties under this Agreement and in any of its dealings with Absoft or the Products. Distributor agrees that it will not knowingly export or re-export any Products to Country Group Q, S, W, Y, or Z, Afghanistan, or the People's Republic of China unless prior export license or authorization is obtained from the United States Department of Commerce, if so required by U.S. export laws or regulations. Honor all product warranty and support policies established by Absoft from time to time relating to the Products. Require each end user of a Product sold through Distributor to return to Distributor a registration card showing the name, address, and telephone number of the end user and the serial number of the copy of the Product sold to that end user. Within 15 days of the end of each calendar month, Distributor shall furnish Absoft a list of all end users that have returned their registration cards to Distributor during that quarter. That list shall include, categorized by each Product distributed by Distributor, the name, address, and telephone number of each end user who returned a registration card, together with the serial number of the copy of the Product sold to such end user. 6. DUTIES OF Absoft. Absoft shall: (a) Provide Distributor, under the terms of this Agreement, the opportunity to obtain reasonable quantities of the Products for distribution. 2
3 (b) (c) (d) (e) Provide reasonable technical and service advice and consultation to Distributor by telephone, through the mails, or by facsimile transmission as Distributor reasonably requests. Absoft shall not have any obligation to provide technical and service advice or consultation or other support of any kind to Distributor's customers. After a new Product release, exchange any prior release of such Product in Distributor's inventory upon the request of Distributor. Distributor shall be responsible for shipping costs and insurance both ways. Absoft shall inform Distributor by prior written notice of Absoft's intention to release a new Product. Absoft shall apply for and actively pursue any export licenses required by U.S. law and regulations to permit Products delivered under this Agreement to be exported to Distributor for sale by Distributor in the Market. Absoft shall give 30 days prior written notice to Distributor of any changes in the Prices stated in Exhibit A. 7. NO RESALE PRICE RESTRICTIONS. The relationship established by Absoft and Distributor under this Agreement is that of Absoft appointing Distributor to sell limited licenses for the use of the Software. Neither Distributor nor its customers obtain title or ownership of the Software. Distributor is free to set any customer's price on the resale of the licenses of the Software so long as Distributor pays Absoft the current Price and Distributor does not infringe on Absoft's copyrights, trademarks, or other proprietary interests. 8. WARRANTY BY ABSOFT TO DISTRIBUTOR. Absoft warrants to Distributor that, for a period of 90 days from date of shipment to Distributor, the media on which the Software is contained shall be free from defects under normal use. Cancellation or termination of this Agreement by either Absoft or Distributor shall void this warranty. Absoft's liability under this warranty is limited to the obligation to replace Software which Distributor has returned to Absoft at Distributor's expense within the applicable warranty period. All shipping and insurance costs both ways are the responsibility of Distributor. The warranties made under this Agreement do not include damage due to negligence, improper installation or operation, accident, or other conditions other than normal use which might cause the Products to fail. THE WARRANTIES AND THE REMEDIES SET FORTH IN THIS SECTION 8 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED. EXCEPT AS SET FORTH IN THIS SECTION 8, ABSOFT MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING ANY OF THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND F S FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS IS WITH DISTRIBUTOR. ABSOFT DOES NOT ASSURE UNINT'ERRUPTED OPERATION OF THE PRODUCTS OR THAT THE PRODUCTS WILL MEET ANY PARTICULAR 3
4 REQUIREMENTS OF DISTRIBUTOR OR ITS CUSTOMERS. IN NO EVENT WILL ABSOFT BE LIABLE TO DISTRIBUTOR OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE ANY OF THE PRODUCTS, EVEN IF ABSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL ABSOFT'S LIABILITY FOR DAMAGES EXCEED THE PRICE PAID BY DISTRIBUTOR FOR THE COPY OF THE PRODUCT WHICH GIVES RISE TO THE CLAIM. 9. NO MODIFICATION TO PRODUCTS. Neither the Distributor nor Distributor's customers may modify, change, or alter any Product. 10. WARRANTIES BY DISTRIBUTOR TO CUSTOMER. Distributor shall make no representations and warranties to any of its customers with respect to any of the Products except for those expressly made by Absoft and included in the packaging with each of the Products or in any promotional literature provided by Absoft to Distributor. Distributor shall indemnify and hold Absoft harmless from all liabilities, damages, losses and expenses, including reasonable attorney fees and court costs, arising out of Distributor's failure to comply with its obligations under this Section INFRINGEMENT. Absoft agrees to defend or settle at its option any action at law against Distributor to the extent arising from a claim that a permitted use of the Products under this Agreement infringes any patent, copyright, trademark or other intellectual property right, provided Absoft has control of such defense or settlement negotiations and Distributor gives Absoft prompt notice of any such claim and provide reasonable assistance in its defense. In the event of such a claim of infringement, Absoft, at its option, may provide Distributor with substitute Products reasonably satisfactory to Distributor to replace those Products then in Distributor's inventory or then on order by Distributor. Absoft will not be liable under this paragraph if the infringement arises (i) out of Absoft's compliance with Distributor's written instructions for the marketing, labeling, design or packaging of products or (ii) out of Distributor's activities after Absoft has notified Distributor that Absoft believes in good faith that Distributor's activities will result in such infringement. Absoft's liability to Distributor under this paragraph shall be limited to the price paid to Absoft by Distributor for the copy of the Product which gives rise to the claim. The foregoing states the entire liability of Absoft with respect to infringement of patents, copyrights, trademarks or other intellectual property rights. The provisions of this paragraph shall survive and continue after any expiration or termination of this Agreement. 12. TECHNICAL SUPPORT BY ABSOFT AND DISTRIBUTOR. Absoft shall offer Distributor technical training for the Products from time to time upon reasonable request from Distributor at Absoft's then-current charges for such training. AR training will be at Absoft's offices unless Absoft, in its sole discretion, agrees to 4
5 offer training at another location. Distributor shall pay all travel, food, lodging, and other costs incurred by its personnel or by Absoft in connection with such training. 13. SOFTWARE PROTECTION. Distributor acknowledges that Absoft owns all worldwide ownership rights, title and interest in and to the Software, including, but not limited to, all patents, copyrights, trade secrets, trademarks, inventions, source code, object code, listings and related user documentation, together with all revisions, modifications, alterations, and derivative works thereof in all forms. Distributor and its customers receive no title to any of the Software and may not copy any of the Software (except for back-up purposes permitted by the end user license agreement) or related documentation. Title to the copyright in all of the Software is and shall remain in Absoft. Distributor acknowledges that the Software is secret and constitutes valuable products in which Absoft has a proprietary interest. Distributor shall not infringe on the rights of Absoft in the Software and shall make every reasonable effort to protect the proprietary interest of Absoft in the Software. Distributor shall not disclose or distribute the Software, except as provided in this Agreement. Distributor shall not alter or remove any copyright notice or other notices of proprietary interest in the Software supplied by Absoft. 14. RELICENSING OF SOFTWARE BY DISTRIBUTOR. Distributor shall distribute the Software only through the sale of Packages pursuant to the end user license agreement contained in the Packages. A "Package" means a diskette or electronic distribution in any manner containing a particular Software program, related user documentation, and Absoft's end user license agreement. The end user license agreement specifies the terms under which an end user receives, holds, and uses the Package and Software and any obligations between Absoft and an end user. Absoft shall, promptly upon the execution of this Agreement, furnish Distributor with Absoft's then-current end user license agreement. Distributor shall promptly review the end user license agreement and advise Absoft concerning what revisions, if any, should be made to the end user license agreement to assure (i) that it complies with the requirements of local law in the Market and (ii) that it provides Absoft with protections concerning proprietary rights, warranty disclaimers, and limitations of liability under such local law that are at least as stringent as the protections, disclaimers, and limitations accorded Absoft under the laws of the State of Michigan, U.S.A. 15. TRADEMARK USE AND PROTECTION. Absoft will supply to Distributor Products bearing trademarks used by Absoft. Distributor is granted the right to use these trademarks on the Products or in advertising, but only where such advertising directly refers to the Products or states the fact that the Distributor is a distributor for such Products on behalf of Absoft. Such advertising must reference these trademarks as proprietary to Absoft. Distributor shall not remove, alter, or otherwise modify any identification marks or trademarks affixed by Absoft to Products. 16. ADVERTISING AND MARKETING. Absoft may from time to time, as Absoft determines, make available to Distributor marketing and advertising materials, 5
6 exhibitions, sales aids, and marketing assistance. Absoft may charge for some or all of these materials or services. Distributor consents to the listing of its business name, address, and phone number in any of Absoft's advertising or product literature, as determined by Absoft in its sole discretion. 17. RELATIONSHIP OF PARTIES. The relationship between Absoft and Distributor shall at all times be that of supplier and distributor. Under no circumstances shall Distributor be considered as a representative or agent--of Absoft. Likewise, Absoft shall not be considered as a representative or agent of Distributor. Distributor shall have no right or authority to enter into any contractual obligations or make any representation in the name of or on behalf of Absoft. 18. TERM AND TERMINATION. This Agreement shall be effective for a term of one year from the Effective Date. It shall be automatically extended for further one-year terms unless either party gives written notice to the other at least 60 days before the expiration of the initial or any renewal term of the party's intent not to renew. Absoft may terminate this Agreement at any time and without prior notice in the event of a breach of the Agreement by Distributor. Any monies payable by Distributor to Absoft shall not be affected by termination or expiration of the Agreement. The provisions of this Agreement relating to (i) protection of Absoft's proprietary rights in the Products and (ii) warranty, technical and infringement issues shall survive expiration or termination of this Agreement for any reason. 19. NONASSIGNABILITY. Neither this Agreement nor any rights or obligations of Distributor hereunder shall be assignable or transferable by Distributor, in whole or in part, by operation of law or otherwise, without the prior written consent of Absoft. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. 20. NOTICES. Any notices or other communications required or permitted hereunder shall be in writing and personally delivered at the principal business addresses designated at the beginning of this Agreement, or mailed by registered or certified mail, return receipt requested, postage prepaid, at the address set forth above, or to such other address or addresses as may be hereafter furnished by one party to the other party in compliance with the terms hereof. Notwithstanding the foregoing, Absoft may give notice of changes in Prices, delivery, product description, order procedures, or other procedures, or other routine events by way of printed materials or newsletter. 21. FORCE MAJEURE. Absoft shall not be liable for failure or delay in performance of any of its obligations hereunder if such delay or failure to perform is caused by circumstances beyond its control. Distributor shall be bound to accept any delayed shipment or delivery made within a reasonable time. 22. GOVERNING LAWS. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Michigan, U.S.A. The parties 6
7 consent that any legal action or proceeding with respect to this Agreement may be initiated in the courts of the State of Michigan. By execution and delivery of this Agreement, the parties submit to and accept with regard to any such action or proceedings the jurisdiction of the Michigan courts. If any legal action or proceeding is initiated, the prevailing party shall be entitled to all attorney fees, court costs, and expenses in addition to any other relief to which such prevailing party may be entitled. THIS AGREE WELL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS OR BY THE PROVISIONS OF ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE, THE APPLICATION OF WHICH IS EXPRESSLY EXCLUDED. 23. MISCELLANEOUS. This Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes and terminates all other prior commitments, arrangements or understandings, both oral and written, between the parties with respect thereto. This Agreement may not be modified or amended except by an instrument in writing executed by each of the parties. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of either party, their agents or employees, but may be waived only by an instrument in writing signed by an officer of the waiving party. No waiver of any provision of this Agreement on one occasion shall constitute a waiver of any other provision or of the same provision on another occasion. 7
8 IN WITNESS WHEREOF, the undersigned parties have entered into this Agreement as of the day and year first above written. Absoft Distributor BY: (Printed) BY: (Printed) Signature: Signature: Title: Title: 8
9 EXHIBIT A Products refer to the items generally available for sale by Absoft distributors. A list of these Products and associated pricing is listed on the Reseller s Corner section of the Absoft web site at 9
10 EXHIBIT B TBD on an individual basis 10
SELLING TERMS AND CONDITIONS
SELLING TERMS AND CONDITIONS 1. The Agreement. All sales by Sterling Machinery, Inc., an Arkansas corporation (the Seller ) to the purchaser of Seller s Goods (the Buyer ) shall be governed by the following
Agreement. Whereas, ThinkGeek is interested in creating products based on the Idea.
Agreement This Agreement is entered into as of ( Effective Date ) by and between ( Inventor ), [ADDRESS] and ThinkGeek, Inc., a Delaware corporation with an office at 11216 Waples Mill Rd., Suite 100,
SOFTWARE LICENSE AGREEMENT
SOFTWARE LICENSE AGREEMENT This Software License Agreement (this Agreement ) is entered into as of the installation date of the software by and between Nanotron Technologies GmbH, a German corporation
How To Pay A Contract With Neustar
Neustar Referral Partnership Agreement This NEUSTAR REFERRAL AFFILIATE PARTNERSHIP AGREEMENT ( Agreement ) is made and entered into between Neustar, Inc. a Delaware Corporation, located at 46000 Center
CCH INCORPORATED, A WOLTERSKLUWER COMPANY ACCESS AGREEMENT FOR THE
CCH INCORPORATED, A WOLTERSKLUWER COMPANY ACCESS AGREEMENT FOR THE Accounting Research Manager INFORMATION DATABASE PROVIDED THROUGH Mayer Hoffman McCann P.C. ("AGREEMENT" OR "ACCESS AGREEMENT") IN THIS
Infineon Technologies North America Corp. Terms and Conditions of Sale
Infineon Technologies North America Corp. Terms and Conditions of Sale 1. GENERAL 1.1 Contract Terms. These Terms and Conditions of Sale (the Agreement ) shall apply to any offer made by Infineon Technologies
TERMS AND CONDITIONS
TERMS AND CONDITIONS ACCEPTANCE OF ANY PURCHASE ORDER FROM A CUSTOMER FOR USE OF ANY EQUIPMENT AND SOFTWARE PROVIDED BY RX MONITORING SYSTEMS INC. ( RXMS ) IS CONDITIONED UPON THESE TERMS AND CONDITIONS.
PRODUCT SALES AGREEMENT
PRODUCT SALES AGREEMENT This Product Sales Agreement (this Agreement ) is made as of the day of, 201, by and between Georgia Tech Applied Research Corporation, a Georgia non-profit corporation ( Seller
How To Use Etechglobal Online Store
5204 S. Sand Cherry Circle, Sioux Falls SD 57108 www.etechglobal.com Phone: (605) 339-4529 Merchant Service and Licensing Agreement AGREEMENT The EtechGlobal Online Store service ("EtechGlobal Online Store"
Web Site Development Agreement
Web Site Development Agreement 1. Parties; Effective Date. This Web Site Development Agreement ( Agreement ) is between Plug-N-Run, its affiliates, (including but not limited to USA Financial, USA Financial
Geomant Americas Inc. END USER SOFTWARE LICENSE AGREEMENT
Geomant Americas Inc. END USER SOFTWARE LICENSE AGREEMENT 1.Definitions. The following terms are defined for the purposes of this Agreement as follows: (a) Client shall mean any Reseller provided client
BROCADE COMMUNICATIONS SYSTEMS, INC. END USER SOFTWARE LICENSE AGREEMENT FOR BROCADE IP ANALYTICS PACK FOR VMWARE VREALIZE OPERATIONS
BROCADE COMMUNICATIONS SYSTEMS, INC. END USER SOFTWARE LICENSE AGREEMENT FOR BROCADE IP ANALYTICS PACK FOR VMWARE VREALIZE OPERATIONS IMPORTANT: READ THIS CAREFULLY BEFORE INSTALLING, USING OR ELECTRONICALLY
PLANTTOGETHER REFERRAL PARTNER AGREEMENT. Updated: January 1, 2015
PLANTTOGETHER REFERRAL PARTNER AGREEMENT Updated: January 1, 2015 Welcome to PlanetTogether s online referral program (the Referral Program ) provided by PlanetTogether, Inc. a California corporation with
XANGATI END USER SOFTWARE LICENSE TERMS AND CONDITIONS
XANGATI END USER SOFTWARE LICENSE TERMS AND CONDITIONS IMPORTANT: PLEASE READ BEFORE DOWNLOADING, INSTALLING OR USING THE XANGATI, INC. ("LICENSOR") SOFTWARE YOU HAVE LICENSED ("SOFTWARE"). BY EXECUTING
Canon USA, Inc. WEBVIEW LIVESCOPE SOFTWARE DEVELOPMENT KIT DEVELOPER LICENSE AGREEMENT
Canon USA, Inc. WEBVIEW LIVESCOPE SOFTWARE DEVELOPMENT KIT DEVELOPER LICENSE AGREEMENT This Webview Livescope Software Development Kit Developer License ("Agreement") between you, the "Developer" and the
These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork,
TERMS AND CONDITIONS INFLUENCERS AT WORK These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork, Ltd. ( InfluencerAtWork ) and you, or if you represent a company or other
COMPUTER SERVICES AGREEMENT
COMPUTER SERVICES AGREEMENT This COMPUTER SERVICES AGREEMENT ( "Agreement") is made and entered into effective as of the 1 day of January, 2008 (the Effective Date ), by and between 3T Productions, Inc.,
SAMPLE SOFTWARE LICENSE AGREEMENT (Review Copy)
SAMPLE SOFTWARE LICENSE AGREEMENT (Review Copy) THIS AGREEMENT is entered into as of XXXX ("Effective Date") by and between NIELSEN ENGINEERING & RESEARCH, INC. (NEAR), with offices at 605 Ellis Street,
HYBRID SOLUTIONS INDEPENDENT SOFTWARE VENDOR AGREEMENT
HYBRID SOLUTIONS INDEPENDENT SOFTWARE VENDOR AGREEMENT THE VERTEXFX TRADER API (THE SOFTWARE ) AND THE ACCOMPANYING DOCUMENTATION (THE RELATED MATERIALS ) (COLLECTIVELY, THE PRODUCT ) ARE PROTECTED BY
How To License A Patent From Ancient Recipe Cards
Option Agreement This Option Agreement (the "AGREEMENT") is made and entered into by and between EMORY UNIVERSITY, a nonprofit Georgia corporation with offices located at 1599 Clifton Road NE, 4 th Floor,
SYMPHONY LEARNING LICENSE AND REMOTE HOSTED SERVICES AGREEMENT
SYMPHONY LEARNING LICENSE AND REMOTE HOSTED SERVICES AGREEMENT PLEASE READ THIS LICENSE AND REMOTE HOSTED SERVICES AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE BY CHOOSING THE ACCEPT BUTTON YOU ARE (1)
ALPHA TEST LICENSE AGREEMENT
ALPHA TEST LICENSE AGREEMENT IMPORTANT NOTICE! PLEASE READ THIS STATEMENT AND THE ALPHA TEST LICENSE AGREEMENT COMPLETELY BEFORE USING THIS ALPHA SOFTWARE. BY CLICKING ON THE BUTTON MARKED YES BELOW OR
CORE TECHNOLOGIES CONSULTING, LLC SOFTWARE UNLIMITED ENTERPRISE LICENSE AGREEMENT
CORE TECHNOLOGIES CONSULTING, LLC SOFTWARE UNLIMITED ENTERPRISE LICENSE AGREEMENT IMPORTANT-READ CAREFULLY: This license agreement is a legal agreement between you and Core Technologies Consulting, LLC,
Master Software Purchase Agreement
Master Software Purchase Agreement This Master Software Purchase Agreement ( Agreement ) is entered into as of Wednesday, March 12, 2014 (the Effective Date ) by and between with principal offices at (
SPYDERS END USER LICENSE AGREEMENT TERMS AND CONDITIONS
SPYDERS END USER LICENSE AGREEMENT TERMS AND CONDITIONS 1. IMPORTANT NOTICE PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THE AGREEMENT ) CAREFULLY BEFORE PROCEEDING TO USE THE ENCLOSED
Software License and Services Agreement
Software License and Services Agreement This Software License and Services Agreement ( Agreement ) is made and entered into as of this day of, 19, between BC, Inc. ( BC ) and ( Customer ). In consideration
INDEPENDENT VIRTUAL ASSISTANT AGREEMENT (Company)
INDEPENDENT VIRTUAL ASSISTANT AGREEMENT (Company) This Independent Virtual Assistant Agreement ( Agreement ) is entered into as of,, by and between, with a principal place of business at ( Company ), and,
THOMSON REUTERS (TAX & ACCOUNTING) INC. FOREIGN NATIONAL INFORMATION SYSTEM TERMS OF USE
THOMSON REUTERS (TAX & ACCOUNTING) INC. FOREIGN NATIONAL INFORMATION SYSTEM TERMS OF USE 1. License and Permitted Use The Foreign National Information System (FNIS) is licensed, not sold. Subject to the
PERFORCE End User License Agreement for Open Source Software Development
Perforce Open Source End User License Agreement Page 1 1. Introduction PERFORCE End User License Agreement for Open Source Software Development This is a License Agreement ( Agreement ) between Perforce
End-User Software License Agreement
End-User Software License Agreement This End-User Software License Agreement (the Agreement ) is a license agreement between you (the Licensee ) and IMSWorkX, Inc. ( IMSWorkX ), a Delaware corporation
QNX Software Systems or QSS means QNX Software Systems International Corporation.
INVOICE TERMS AND CONDITIONS OF SALE (QNX Software Systems designated below as "Seller") DEFINITIONS In these Terms: QNX Software Systems or QSS means QNX Software Systems International Corporation. "Software"
EmoeHost agrees to provide to Client the Services agreed upon between EmoeHost and Client as selected by Client at www.emoehostmaine.com.
EmoeHost Service Agreement 1. Site Services EmoeHost agrees to provide to Client the Services agreed upon between EmoeHost and Client as selected by Client at www.emoehostmaine.com. 2. Payment & Invoicing
TERMS AND CONDITIONS OF SALE. Quotations, Purchase Orders, Acknowledgements, Packing Lists/Slips, Invoices & Credits
Quotations, Purchase Orders, Acknowledgements, Packing Lists/Slips, Invoices & Credits All quotations of Seller ( Quotations ) and purchase orders of Buyer ( Purchase Orders ) shall be subject to these
COMPUTER SOFTWARE AS A SERVICE LICENSE AGREEMENT
COMPUTER SOFTWARE AS A SERVICE LICENSE AGREEMENT This Agreement is binding on the individual and the company, or other organization or entity, on whose behalf such individual accepts this Agreement, that
AUTHORIZED DEALER AGREEMENT
AUTHORIZED DEALER AGREEMENT This agreement is entered into as of the Acceptance Date (defined below), by and between TREBOR INDUSTRIES, INC. d/b/a BROWNIE S Third Lung, hereafter referred to as BROWNIE
COPYRIGHT LICENSE AGREEMENT
COPYRIGHT LICENSE AGREEMENT THIS LICENSE AGREEMENT (this Agreement ) is made and entered into effective as of the day of, 2002 (the Effective Date ), by and between HIRST ARTS FANTASY ARCHITECTURE and
Collaboration Agreement
Collaboration Agreement Effective as of [date] (the Effective Date ), [company], a company with a place of business at [address] ( Company ) and [university name and address] ( University ) agree as follows:
WEBSITE DEVELOPMENT STANDARD TERMS AND CONDITIONS
WEBSITE DEVELOPMENT STANDARD TERMS AND CONDITIONS A. Client commitment: Client agrees to allocate time and process information, as needed, during the duration of the project. Client agrees to review the
Consulting Terms. 1. Consulting Services
These Consulting Terms, together with a Work Order, and any terms which are incorporated by written reference in any of the foregoing (including written reference to information contained in a URL or policy)
SOFTWARE LICENSE AGREEMENT (Web Version October 18, 2002)
SOFTWARE LICENSE AGREEMENT (Web Version October 18, 2002) Whenever LICENSEE licenses software products ( Program(s) as further defined herein), a License Form shall be executed which shall refer to this
Maintenance and Support Agreement Version date 2013 Inventive Designers
Maintenance and Support Agreement Version date 2013 Inventive Designers www.inventivedesigners.com This Software Maintenance and Support Agreement ( Agreement ), effective on the date of the last signature
Statement of Work. for. Online Event Registration Product Deployment for Salesforce Implementation. for. Open Web Application Security Project (OWASP)
Statement of Work for Online Event Registration Product Deployment for Salesforce Implementation for Open Web Application Security Project (OWASP) July 9, 2010 TABLE OF CONTENTS INTRODUCTION... 3 SCOPE...
SALES PARTNER AGREEMENT
SALES PARTNER AGREEMENT This Agreement is made this day of, 200_ between ACOM SOLUTIONS, INC. ( ACOM ) having offices at 2850 East 29th Street, Long Beach, California 90806-2313 and (Partner) having offices
TERMS AND CONDITIONS
TERMS AND CONDITIONS 1. Definitions. Buyer means the person, corporation or other entity purchasing Products from Seller. Products means all goods and materials to be provided pursuant to this Sales Acknowledgment.
SOFTWARE SUBSCRIPTION SERVICE (SaaS) AGREEMENT
SOFTWARE SUBSCRIPTION SERVICE (SaaS) AGREEMENT This Software Subscription Service (SaaS) Agreement (the Agreement ) sets forth the obligations and conditions between you ( Client ) and mysalesman, LLC,
FAX COVER PAGE GENERATOR SDK/ACTIVEX LICENSE AGREEMENT
FAX COVER PAGE GENERATOR SDK/ACTIVEX LICENSE AGREEMENT This Software Development License Agreement ( Agreement ) is made and entered into by and between ( Licensee ), a corporation having its principal
Page! 1 of! 6 Initials: [ ] 1CRM Software License Agreement Version 1.6. 1. The License
1CRM Software License Agreement Version 1.6 Page! 1 of! 6 BY INSTALLING OR USING THE 1CRM SOFTWARE (THE "SOFTWARE"), YOU ARE AGREEING ON BEHALF OF THE ENTITY LICENSING THE SOFTWARE ("COMPANY") THAT COMPANY
Service Agreement Hosted Dynamics GP
Service Agreement Hosted Dynamics GP This is a Contract between you ( Company ) and WebSan Solutions Inc. ( WebSan ) of 245 Fairview Mall Drive, Suite 508, Toronto, ON M2J 4T1, Canada. This contract applies
CITRIX SYSTEMS, INC. SOFTWARE LICENSE AGREEMENT
CITRIX SYSTEMS, INC. SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING CITRIX OR CITRIX-SUPPLIED SOFTWARE. BY DOWNLOADING OR INSTALLING
APP SOFTWARE LICENSE AGREEMENT
APP SOFTWARE LICENSE AGREEMENT This App Software License Agreement (the Agreement ) is made by and between AvePoint, Inc., a Delaware company, with offices at Harborside Financial Center, Plaza 10, 3 Second
ELKHART COUNTY BOARD OF REALTORS AND MULTIPLE LISTING SERVICE OF ELKHART COUNTY INC. VIRTUAL OFFICE WEBSITE (VOW) LICENSE AGREEMENT
ELKHART COUNTY BOARD OF REALTORS AND MULTIPLE LISTING SERVICE OF ELKHART COUNTY INC. VIRTUAL OFFICE WEBSITE (VOW) LICENSE AGREEMENT This License Agreement (the Agreement) is made and entered into between
IPInfoDB Web Service Agreement
IPInfoDB Web Service Agreement PLEASE READ THIS WEB SERVICE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING IPINFODB SERVICES. BY CHECKING THE I HAVE READ, UNDERSTAND AND AGREE WITH THE SERVICE
THESE FORMS ARE NOT A SUBSTITUTE FOR LEGAL ADVICE.
DISCLAIMER The forms provided on our site were drafted by lawyers with knowledge of equine and contractual matters. However, the forms are not State specific. THESE FORMS ARE NOT A SUBSTITUTE FOR LEGAL
PURCHASE ORDER TERMS AND CONDITIONS
PURCHASE ORDER TERMS AND CONDITIONS This purchase order is subject to the following terms and conditions. The terms and conditions herein set forth constitute an offer by Purchaser and may be accepted
SERVICES AGREEMENT. In consideration of the rights and obligations herein set forth, the parties do hereby agree as follows:
SERVICES AGREEMENT THIS AGREEMENT is between, with offices at (hereinafter referred to as COMPANY ), and the University of Delaware, a nonprofit institution of postsecondary education chartered under the
TRADEMARK AND DOMAIN NAME AGREEMENT
TRADEMARK AND DOMAIN NAME AGREEMENT This agreement (the Agreement ) is by and between _ ( Party ) and Eclipse Foundation, Inc. ( Eclipse ) and is effective as of [ ] [ ], 201[ ] (the Effective Date ).
Software Support Maintenance Agreement
Software Support Maintenance Agreement Customer: Hardware Model and Serial Number: Date: Term: 805698-002/002 SOFTWARE SUPPORT - MAINTENANCE AGREEMENT, 05/17/06, Page 1 of 6 Software Support and Maintenance
Consulting Master Services Agreement
Consulting Master Services Agreement THIS CONSULTING AGREEMENT (this Agreement ), made and entered into this 21st day of June, 2002, by and between PrimeContractor, a StateName EntityType, its successors
MDM Zinc 3.0 End User License Agreement (EULA)
MDM Zinc 3.0 End User License Agreement (EULA) THIS AGREEMENT (or "EULA") IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS SOFTWARE ("YOU" OR "CUSTOMER") AND MULTIDMEDIA
INFINITE GROUP INC. MANAGED SERVICE PROVIDER AGREEMENT
INFINITE GROUP INC. MANAGED SERVICE PROVIDER AGREEMENT This MANAGED SERVICE PROVIDER AGREEMENT (this Agreement ) is entered into as of (the Effective Date ), between Managed Service Provider (MSP) and
LTC ELITE, LLC MEMBERSHIP AGREEMENT
LTC ELITE, LLC MEMBERSHIP AGREEMENT This Membership Agreement (this Agreement ) is made and entered into effective, (the Effective Date ), by and between LTC Elite, LLC, a Texas limited liability company
AGREEMENT FOR SERVICES
AGREEMENT FOR SERVICES This Agreement for Services ( Agreement ) is entered into and dated as of the (day) of (month), (year) by and between InCircuits, Incorporated with offices located at 4284 Reiland
Highwinds Media Group, Inc. - Terms of Service Wholesale Account
Highwinds Media Group, Inc. - Terms of Service Wholesale Account IMPORTANT - THIS IS A LEGAL AGREEMENT (THE AGREEMENT ) BETWEEN YOUR COMPANY AND HIGHWINDS MEDIA GROUP, INC. D/B/A WIND TUNNEL AND THUNDERNEWS.NET
WEB SITE DEVELOPMENT AGREEMENT. This WEB SITE DEVELOPMENT AGREEMENT ("Agreement") is an agreement between 3WDirect
WEB SITE DEVELOPMENT AGREEMENT This WEB SITE DEVELOPMENT AGREEMENT ("Agreement") is an agreement between 3WDirect ("Company") and the party set forth in the related order form ("Customer" or "you") incorporated
MRMLS LISTING INFORMATION LICENSE AGREEMENT
MRMLS LISTING INFORMATION LICENSE AGREEMENT (MRMLS data feed to Affiliated VOW Partner) This Listing Information License Agreement (the Agreement ) is made and entered into by and between MULTI REGIONAL
CONSULTING SERVICES AGREEMENT
CONSULTING SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is entered into on / /, between SCWOA ("Consultant"), a CA corporation with its principal place of business located at PO Box 1195, Pacifica,
Sedona Technologies Hosting Agreement
Sedona Technologies Hosting Agreement Welcome to Sedona Technologies' web hosting services. This Hosting Agreement governs your purchase and use, in any manner, of all web hosting services, including the
Master Service Agreement
This Master Services Agreement ( MSA ) is entered into by Rack Alley Inc., a Wyoming corporation, and its affiliates ( Company ), and the below-signed customer ( Customer ) on the date Customer signs the
LICENSE AGREEMENT FOR TOBII ANALYTICS SOFTWARE DEVELOPMENT KIT AND API
LICENSE AGREEMENT FOR TOBII ANALYTICS SOFTWARE DEVELOPMENT KIT AND API PREAMBLE This Tobii Analytics Software Development Kit and API License Agreement (the "Agreement") forms a legally binding contract
ACCENTURE VIETNAM LTD PURCHASE ORDER TERMS AND CONDITIONS
ACCENTURE VIETNAM LTD PURCHASE ORDER TERMS AND CONDITIONS 1. The Vendor-furnished products (including, without limitation, software, hardware, equipment and any parts, components and accessories) ( Products
PointCentral Subscription Agreement v.9.2
PointCentral Subscription Agreement v.9.2 READ THIS SUBSCRIPTION AGREEMENT ( AGREEMENT ) CAREFULLY BEFORE INSTALLING THIS SOFTWARE. THIS AGREEMENT, BETWEEN CALYX TECHNOLOGY, INC., DBA CALYX SOFTWARE (
THE TERMS AND CONDITIONS OF FUTURE LINK AUTOMATED OFFSITE BACKUP SERVICE
THE TERMS AND CONDITIONS OF FUTURE LINK AUTOMATED OFFSITE BACKUP SERVICE THIS SUBSCRIBER AGREEMENT (this Agreement ) is entered into as of the effective date on the Automated Offsite Backup Order Form
END USER LICENSE AGREEMENT FOR SLICKEDIT(R) CORE SOFTWARE IMPORTANT
END USER LICENSE AGREEMENT FOR SLICKEDIT(R) CORE SOFTWARE IMPORTANT THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or "Your") AND SLICKEDIT INC. ("SlickEdit"). SLICKEDIT IS WILLING TO (1) LICENSE THE SLICKEDIT
Trial Period License Agreement
Trial Period License Agreement The Process Server Central, LLC, d/b/a "My Court Calendar", Restricted License ( Agreement ) is dated on the registration date ( Effective Date ) between Process Server Central,
Agent Agreement WITNESSETH
PATRIOT NATIONAL UNDERWRITERS, INC. Agent Agreement THIS AGENT AGREEMENT (the Agreement ) is made and entered into by and between Patriot National Underwriters, Inc., a Texas corporation ( Patriot ), and
BROKER/AGENT INFORMATION PAGE RETS IDX
FRESNO ASSOCIATION OF REALTORS IDX / RETS Compliance 6720 N West Ave. Fresno, CA 93711 (559) 490-6400 ~ rets@fresnorealtors.com BROKER/AGENT INFORMATION PAGE RETS IDX IN WITNESS WHEREOF, the parties hereto
CONTENT LICENSE & PHOTOGRAPER REPRENTATION AGREEMENT
CONTENT LICENSE & PHOTOGRAPER REPRENTATION AGREEMENT This is a fairly lengthy document, and it contains many important provisions that affect your rights and obligations. By accepting this agreement, you
STANDING CLOUD, INC. ( SC ) TERMS OF SERVICE
STANDING CLOUD, INC. ( SC ) TERMS OF SERVICE These Terms of Service ( Terms ) govern your use of Standing Cloud s online deployment platform for application software (the Services ). By using the Services,
AGREEMENT AND TERMS OF USE FOR INTERNET ADVERTISING SERVICES
AGREEMENT AND TERMS OF USE FOR INTERNET ADVERTISING SERVICES This Agreement and Terms of Use for Internet Advertising Services (the "Agreement") is made and effective on the [DATE] date of submission BETWEEN:
INTEL SOFTWARE LICENSE AGREEMENT (OEM / IHV / ISV Distribution & Single User)
INTEL SOFTWARE LICENSE AGREEMENT (OEM / IHV / ISV Distribution & Single User) By clicking the Accept button, I signify that I have read and accept the terms below. IMPORTANT - READ BEFORE COPYING, INSTALLING
ESCROW AGREEMENT PRELIMINARY UNDERSTANDING
ESCROW AGREEMENT This Manufacturing Escrow Agreement ( Escrow Agreement ) is entered into as of ( Effective Date ), by and among Cisco Systems, Inc., a California corporation, with offices at 170 West
VIRTUAL OFFICE WEBSITE LICENSE AGREEMENT
Florida Keys Multiple Listing Service, Inc. VIRTUAL OFFICE WEBSITE LICENSE AGREEMENT Florida Keys MLS, Inc. 92410 Overseas Hwy, Ste. 11 Tavernier FL 33070 305-852-92940 305-852-0716 (fax) www.flexmls.com
Services Agreement between Client and Provider
Services Agreement between Client and Provider This Services Agreement is part of the Member Contract between Client and Provider, effective upon Client s award and Provider s acceptance of a Job on the
Online Communication Suite Live Chat, Email-Ticket, Knowledge Base, Callback
Online Communication Suite Live Chat, Email-Ticket, Knowledge Base, Callback End User License Agreement Services and Support The Services are provided subject to this Agreement, as it may be amended by
1. IMPORTANT NOTICE 2. LICENSE OF SOFTWARE PROGRAMS. 2.1. License Grant
RAPID FOCUS SECURITY, INC. DBA PWNIE EXPRESS END USER LICENSE AGREEMENT FOR ENTERPRISE PENTESTING APPLIANCE (EPA), PWN PLUG, PWN PLUG WIRELESS, PWN PLUG 3G, PWN PLUG ELITE, PWN PHONE, PWN PAD, PWN PLUG
If a Client and a Freelancer enter an independent contractor relationship, then this Freelancer Agreement ( Freelancer Agreement ) will apply.
Freelancer Agreement If a Client and a Freelancer enter an independent contractor relationship, then this Freelancer Agreement ( Freelancer Agreement ) will apply. This Agreement is effective as of March
Teleflora Managed Services Agreement
Teleflora Managed Services Agreement Page 1 of 6 This Teleflora Managed Services Agreement (this "Agreement") is entered into as of the Effective Date set forth below between Teleflora LLC ("Teleflora")
"Owner" "Designer" 1. Description of the Services. "Website" Schedule A "Services" 2. Design Team. "Design Team" 3. Term / Scheduling.
The following outlines the terms of service by and between the CLIENT (the "Owner") and Made Right Media (the "Designer"), of 720 W. Idaho St. #32, Boise, Idaho 83702. 1. Description of the Services. The
The Processing Agreement
The Processing Agreement THIS AGREEMENT is effective this day of, 201, by and between Intelligent ecommerce, Inc. hereinafter ATMDepot.com, 119 N El Camino Real Ste #E-136 Encinitas, CA 92024 (the "Company")
ZaZaChat End User License Agreement
ZaZaChat End User License Agreement 1. Services and Support 1.1 The Services are provided subject to this Agreement, as it may be amended by ZaZa Network, and any guidelines, rules or operating policies
STANDARD TERMS AND CONDITIONS FOR PURCHASE AND RESALE OF LG BRANDED PRODUCTS
STANDARD TERMS AND CONDITIONS FOR PURCHASE AND RESALE OF LG BRANDED PRODUCTS The following Terms and Conditions apply to all purchase for resale transactions with LG Electronics, USA Inc. (LGEUS), unless
NON EXCLUSIVE BROKER REFERRAL AGREEMENT
NON EXCLUSIVE BROKER REFERRAL AGREEMENT THIS NON-EXCLUSIVE BROKER REFERRAL AGREEMENT (this Broker Contract ) is made this day of, 2013 by and between [NAME] (herein after called the "IFPG FRANCHISE CONSULTANT/BROKER
JOHN DEERE DIFFERENTIAL CORRECTION SOFTWARE LICENSE AGREEMENT
JOHN DEERE DIFFERENTIAL CORRECTION SOFTWARE LICENSE AGREEMENT IMPORTANT -- READ CAREFULLY. THIS IS A LEGAL CONTRACT BETWEEN YOU AND JOHN DEERE SHARED SERVICES, INC., A CORPORATION HAVING A PRINCIPAL ADDRESS
Cayo Software Reseller Agreement
Cayo Software Reseller Agreement Reseller Company Name: Contact Email Address: Phone: Website: Coverage Area: This agreement is between Cayo Software, LLC an Ohio Limited Liability Corporation (the VENDOR
CO-MARKETING AGREEMENT
CO-MARKETING AGREEMENT This CO-MARKETING AGREEMENT ( Agreement ) between [full legal name], a [entity type and state] ( Company1 ) and [full legal name], a Delaware corporation ( Company2 ) is effective
END USER LICENSE AGREEMENT ( EULA )
END USER LICENSE AGREEMENT ( EULA ) PLEASE READ CAREFULLY THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU, EITHER AS AN INDIVIDUAL, COMPANY OR OTHER LEGAL ENTITY (IN ANY CAPACITY REFERRED TO HEREIN AS END USER,
Affiliate Marketing Agreement
Affiliate Marketing Agreement This Affiliate Marketing Agreement ("Agreement") is made on this day of, 20, by and between Career Step, LLC, a Utah company with mailing address at 1220 North Main Street,
jchartfx Plus End User License Agreement (EULA)
jchartfx Plus End User License Agreement (EULA) READ CAREFULLY BEFORE INSTALLING THE SOFTWARE. By installing jchartfx Plus (hereinafter the Software or Software ), you are accepting the following License
MASTER SERVICES AGREEMENT - DIGITAL ADVERTISING SERVICES
MASTER SERVICES AGREEMENT - DIGITAL ADVERTISING SERVICES MASTER SERVICES AGREEMENT This Master Services Agreement (the Agreement ) shall govern the provision of services to the undersigned client (the
INDEPENDENT CONTRACTOR AGREEMENT
INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement ("Agreement") is made and effective this day of, 20. BETWEEN: (the "Independent Contractor"), a company organized and existing under