Common use of Conflicting Provisions and Order of Precedence Clause in Contracts

Conflicting Provisions and Order of Precedence. Except as provided below, the provisions of this Addendum shall take precedence over any conflicting provision in Licensor’s proposal, in the Agreement, in any pre-printed terms and conditions contained in the Associated Purchase Order issued by Licensee, or elsewhere in connection with the licensing of the Software. Any provisions which have been typed or written in the Associated Purchase Order (as issued by Licensee) shall take precedence over any conflicting provisions in any other document. The provisions of the Agreement (other than provisions in the Agreement which state that the Agreement contains the entire understanding between the parties or which state that additional provisions do not apply or provisions having similar meaning), as hereby amended, shall take precedence over conflicting pre- printed terms and conditions in the Associated Purchase Order. This Addendum may not be modified or amended except by a written amendment executed by an authorized representative of each party. Unless otherwise expressly set forth on the face of the Associated Purchase Order, no provision of the Agreement which purports to grant rights or immunities under Licensee’s patent rights or other intellectual property of Licensee shall apply.

Conflicting Provisions and Order of Precedence. Except as provided below, the provisions of this Addendum shall take precedence over any conflicting provision in Licensor’s proposal, in the Agreement, in any pre-printed terms and conditions contained in the Associated Purchase Order issued by Licensee, or elsewhere in connection with the licensing of the Software. Any provisions which have been typed or written in the Associated Purchase Order (as issued by Licensee) shall take precedence over any conflicting provisions in any other document. The provisions of the Agreement (other than provisions in the Agreement which state that the Agreement contains the entire understanding between the parties or which state that additional provisions do not apply or provisions having similar meaning), as hereby amended, shall take precedence over conflicting pre- pre-printed terms and conditions in the Associated Purchase Order. This Addendum may not be modified or amended except by a written amendment executed by an authorized representative of each party. Unless otherwise expressly set forth on the face of the Associated Purchase Order, no provision of the Agreement which purports to grant rights or immunities under Licensee’s patent rights or other intellectual property of Licensee shall apply.