Common use of ELECTRONIC ORDERS Clause in Contracts

ELECTRONIC ORDERS. Where such a facility is made available by Discreet in writing, Reseller may place orders for Authorized Products electronically in accordance with Discreet’s “Electronic Ordering Guidelines”. Discreet may change its Electronic Ordering Guidelines on 30 days notice to Reseller. Electronic confirmation of order receipt by Autodesk shall not constitute valid acceptance by Discreet of the order, which may be rejected in accordance the foregoing paragraph. Discreet may, at its discretion, print and store electronic orders received from Reseller in the same manner that it stores written orders. The parties agree that in the event of a dispute over an order, Discreet’s electronic order records shall be admissible before the relevant court and shall constitute evidence of the facts contained therein unless clear and convincing evidence to the contrary is adduced by the contesting party. Reseller expressly acknowledges that Discreet’s electronic ordering system may not use encryption technology, and that Reseller’s electronic orders to Discreet may not be encrypted and may be subject to interception and modification by third parties. Reseller knowingly accepts this risk, and recognizes that any electronic orders submitted to Discreet are submitted at Reseller’s sale risk and waives any right to contest the validity of electronic orders submitted to Discreet.