Agreement Structure. Licenses are granted and Support is obtained solely in connection with valid Orders. Each Order is subject to the terms of this Agreement and any License Information Document, if applicable, and deemed to be a discrete contract, separate from each other Order, unless expressly stated otherwise therein. Orders may be entered into under this Agreement by and between (a) HCL or an Affiliate of HCL; and (b) the Licensee or an Affiliate of Licensee. With respect to an Order, the term HCL (or Licensor) or Licensee (or Customer) will be deemed to refer to the entities that execute such Order. Neither execution of this Agreement nor anything contained herein will obligate either Party to enter into any Orders. In the event an Order is proposed by HCL, and is deemed to constitute an offer, then acceptance of such offer is limited to its terms. As also set forth in Section 1.12 (Order) hereof, in the event Licensee proposes or accepts an Order by submitting a Licensee purchase order, order document, acknowledgment, or other Licensee communication, then regardless of whether HCL acknowledges, accepts, fully or partially performs under any such document, HCL objects to and rejects any additional or different terms in such document and no such additional or different terms will become part of the agreement between the Parties even if HCL uses or refers to such document for invoicing purposes.
Appears in 3 contracts
Sources: Master License Agreement, Master License Agreement, Master License Agreement
Agreement Structure. Licenses are granted and Support is obtained solely in connection with valid Orders. Each Order is subject to the terms of this Agreement and any License Information DocumentSupplemental ▇▇▇▇, if applicable, applicable and deemed to be a discrete contract, separate from each other Order, unless expressly stated otherwise therein. Orders may be entered into under this Agreement by and between (a) HCL or an Affiliate of HCL; and (b) the Licensee or an Affiliate of Licensee; and/or (c) an authorized reseller. With respect to an Order, the term HCL (or Licensor) or Licensee (or Customer) will be deemed to refer to the entities that execute such Order. Neither execution of this Agreement nor anything contained herein will obligate either Party to enter into any Orders. In the event an Order is proposed by HCL, and is deemed to constitute an offer, then acceptance of such offer is limited to its terms. As also set forth in Section 1.12 1.11 (Order) hereof, in the event Licensee proposes or accepts an Order by submitting a Licensee purchase order, order document, acknowledgment, or other Licensee communication, then regardless of whether HCL acknowledges, accepts, fully or partially performs under any such document, HCL objects to and rejects any additional or different terms in such document and no such additional or different terms will become part of the agreement between the Parties even if HCL uses or refers to such document for invoicing purposes.
Appears in 2 contracts
Sources: End User License Agreement, End User License Agreement
Agreement Structure. Licenses are granted and Support is obtained solely in connection with valid OrdersOrders executed by both parties. Each Order is subject to the terms of this Agreement and any License Information Document, if applicable, and deemed to be a discrete contract, separate from each other Order, unless expressly stated otherwise therein. Orders may be entered into under this Agreement by and between (a) HCL or an Affiliate of HCL; and (b) the Licensee or an Affiliate of Licensee. With respect to an Order, the term HCL (or Licensor) or Licensee (or CustomerLicensee) will be deemed to refer to the entities that execute such Order. Neither execution of this Agreement nor anything contained herein will obligate either Party to enter into any Orders. In the event an Order is proposed by HCL, and is deemed to constitute an offer, then acceptance of such offer is limited to its terms. As also set forth in Section 1.12 (Order) hereof, in In the event Licensee proposes or accepts an Order by submitting a Licensee purchase order, order document, acknowledgment, or other Licensee communication, then regardless of whether HCL acknowledges, accepts, fully or partially performs under any such document, HCL objects to and rejects any additional or different terms in such document and no none of such additional or different terms will become part of the agreement between the Parties even if HCL uses or refers to such document for invoicing purposes.
Appears in 1 contract
Sources: Master License Agreement
Agreement Structure. Licenses are granted and Support is obtained solely in connection with valid Orders. Each Order is subject to the terms of this Agreement and any License Information Document, if applicable, and deemed to be a discrete contract, separate from each other Order, unless expressly stated otherwise therein. Orders may be entered into under this Agreement by and between (a) HCL or an Affiliate of HCL; and (b) the Licensee or an Affiliate of Licensee. With respect to an Order, the term HCL (or Licensor) or Licensee (or Customer) will be deemed to refer to the entities that execute such Order. Neither execution of this Agreement nor anything contained herein will obligate either Party to enter into any Orders. In the event an Order is proposed by HCL, and is deemed to constitute an offer, then acceptance of such offer is limited to its terms. As also set forth in Section 1.12 (Order) hereof, in In the event Licensee proposes or accepts an Order by submitting a Licensee purchase order, order document, acknowledgment, or other Licensee communication, then regardless of whether HCL acknowledges, accepts, fully or partially performs under any such document, HCL objects may object to and rejects reject any additional or different terms in such document and no none of such additional or different terms will become part of the agreement between the Parties even if HCL uses or refers to such document for invoicing purposesunless accepted by HCL.
Appears in 1 contract
Sources: Master License Agreement
Agreement Structure. Licenses are granted and Support is obtained solely in connection with valid Orders. Each Order is subject to the terms of this Agreement Agreement, the EC America Rider to HCL Product Specific License Terms and any License Information DocumentConditions, if applicable, the GSA Schedule Contract and Schedule Pricelist and deemed to be a discrete contract, separate from each other Order, unless expressly stated otherwise therein. Orders may be entered into under this Agreement by and between (a) HCL or an Affiliate of HCL; and (b) the Licensee or an Affiliate of Licensee. With respect to an Order, the term HCL (or Licensor) or Licensee (or Customer) will be deemed to refer to the entities that execute such Order. Neither execution of this Agreement nor anything contained herein will obligate either Party to enter into any Orders. In the event an Order is proposed by HCL, and is deemed to constitute an offer, then acceptance of such offer is limited to its terms. As also set forth in Section 1.12 (Order) hereof, in In the event Licensee proposes or accepts an Order by submitting a Licensee purchase order, order document, acknowledgment, or other Licensee communication, then regardless of whether HCL acknowledges, accepts, fully or partially performs under any such document, HCL objects may object to and rejects reject any additional or different terms in such document and no none of such additional or different terms will become part of the agreement between the Parties even if HCL uses or refers to such document for invoicing purposesunless accepted by HCL.
Appears in 1 contract
Sources: Master License Agreement
Agreement Structure. Licenses are granted and Support is obtained solely in connection with valid Orders. Each Order is subject to the terms of this Agreement and any License Information Document, if applicable, and deemed to be a discrete contract, separate from each other Order, unless expressly stated otherwise therein. Orders may be entered into under this Agreement by and between (a) HCL or an Affiliate of HCL; and (b) the Licensee or an Affiliate of Licensee. With respect to an Order, the term HCL (or Licensor) or Licensee (or Customer) will be deemed to refer to the entities that execute such Order. Neither execution of this Agreement nor anything contained herein will obligate either Party to enter into any Orders. In the event an Order is proposed by byf HCL, and is deemed to constitute an offer, then acceptance of such offer is limited to its terms. As also set forth in Section 1.12 1.10 (Order) hereof, in the event Licensee proposes or accepts an Order by submitting a Licensee purchase order, order document, acknowledgment, or other Licensee communication, then regardless of whether HCL acknowledges, accepts, fully or partially performs under any such document, HCL objects to and rejects any additional or different terms in such document and no none of such additional or different terms will become part of the agreement between the Parties even if HCL uses or refers to such document for invoicing purposes.
Appears in 1 contract
Sources: Master License Agreement
Agreement Structure. Licenses are granted and Support is obtained solely in connection with valid Orders. Each Order is subject to the terms of this Agreement and any License Information Document, if applicable, and deemed to be a discrete contract, separate from each other Order, unless expressly stated otherwise therein. Orders may be entered into under this Agreement by and between (a) HCL or an Affiliate of HCL; and (b) the Licensee or an Affiliate of Licensee. With respect to an Order, the term HCL (or Licensor) or Licensee (or Customer) will be deemed to refer to the entities that execute such Order. Neither execution of this Agreement nor anything contained herein will obligate either Party to enter into any Orders. In the event an Order is proposed by HCL, and is deemed to constitute an offer, then acceptance of such offer is limited to its terms. As also set forth in Section 1.12 1.10 (Order) hereof, in the event Licensee proposes or accepts an Order by submitting a Licensee purchase order, order document, acknowledgment, or other Licensee communication, then regardless of whether HCL acknowledges, accepts, fully or partially performs under any such document, HCL objects to and rejects any additional or different terms in such document and no none of such additional or different terms will become part of the agreement between the Parties even if HCL uses or refers to such document for invoicing purposes.
Appears in 1 contract
Sources: Master License Agreement
Agreement Structure. Licenses are granted and Support is obtained solely in connection with valid Orders. Each Order is subject to the terms of this Agreement and any License Information Document, if applicable, and deemed to be a discrete contract, separate from each other Order, unless expressly stated otherwise therein. Orders may be entered into under this Agreement by and between (a) HCL or an Affiliate of HCL; and (b) the Licensee or an Affiliate of Licensee; and/or (c) an authorized reseller. With respect to an Order, the term HCL (or Licensor) or Licensee (or Customer) will be deemed to refer to the entities that execute such Order. Neither execution of this Agreement nor anything contained herein will obligate either Party to enter into any Orders. In the event an Order is proposed by HCL, and is deemed to constitute an offer, then acceptance of such offer is limited to its terms. As also set forth in Section 1.12 1.10 (Order) hereof, in the event Licensee proposes or accepts an Order by submitting a Licensee purchase order, order document, acknowledgment, or other Licensee communication, then regardless of whether HCL acknowledges, accepts, fully or partially performs under any such document, HCL objects to and rejects any additional or different terms in such document and no none of such additional or different terms will become part of the agreement between the Parties even if HCL uses or refers to such document for invoicing purposes.
Appears in 1 contract
Sources: Master License Agreement