Complete Agreement; Governing Language. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by the parties. This Agreement is separate from the Order Form and any other agreements between you and Diskover or any third-party reseller or distribution entity, and such agreements do not modify or supersede any term or condition of this Agreement. This Agreement supersedes the terms of any “click-to-accept” end user license agreement that may be embedded within the Software, except for any Open Source License for Open Source Software as described above. The terms of this Agreement shall supersede and control over any conflicting or additional terms and conditions of any purchase order, acknowledgment, confirmation, or other document issued by You, unless the parties execute a written agreement expressly indicating: (i) that such document shall modify this Agreement; and (ii) that the terms of such purchase order shall supersede and control in the event of any inconsistency. Any translation of this Agreement is intended for convenience and to meet local requirements and in the event of a dispute between the English and any non- English versions, the English version of this Agreement will govern.
Appears in 3 contracts
Sources: Software License Agreement, Software License Agreement, Software License Agreement
Complete Agreement; Governing Language. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by the parties. This Agreement is separate from the Order Form and any other agreements between you and Diskover or any third-third party reseller or distribution entity, and such agreements do not modify or supersede any term or condition of this Agreement. This Agreement supersedes the terms of any “click-to-accept” end user license agreement that may be embedded within the Software, except for any Open Source License for Open Source Software as described above. The terms of this Agreement shall supersede and control over any conflicting or additional terms and conditions of any purchase order, acknowledgmentacknowledgement, confirmation, confirmation or other document issued by You, unless the parties execute a written agreement expressly indicating: (i) that such document shall modify this Agreement; and (ii) that the terms of such purchase order shall supersede and control in the event of any inconsistency. Any translation of this Agreement is intended for convenience and to meet local requirements and in the event of a dispute between the English and any non- English versions, the English version of this Agreement will govern.
Appears in 1 contract
Sources: Software License Agreement