Contractor’s Documents. Any licensing and maintenance agreement, or any order-specific agreement or document, including any pre-installation, linked or “click through” agreement that is allowed by, referenced within or incorporated within the ordering document whenever the Contract is used for a State or CPV Member procurement, whether directly by the Contractor or through a Contractor’s agent, subcontractor or reseller, is agreed to only to the extent the terms within any such agreement or document do not conflict with the Contract or applicable Minnesota or Federal law, and only to the extent that the terms do not modify, diminish or derogate the terms of the Contract or create an additional financial obligation to the State. Any such agreement or document must not be construed to deprive the State or the Purchasing Entity of its sovereign immunity, or of any legal requirements, prohibitions, protections, exclusions or limitations of liability applicable to this Contract or afforded to the State by Minnesota law. A Purchasing Entity employee’s decision to choose “accept” or an equivalent option associated with a “click-through” agreement does not constitute the Purchasing Entity’s concurrence or acceptance of terms, if such terms are in conflict with this section.
Appears in 3 contracts
Sources: Participating Addendum, Participating Addendum, Participating Addendum