Common use of For the Software Clause in Contracts

For the Software. Subject to the terms hereof, Distributor ---------------- shall purchase copies of the Software, Localized Software and Documentation from OPEN MARKET, and OPEN MARKET shall sell such copies of the Software, Localized Software and Documentation to Distributor for sublicensing and distribution to Customers in accordance with Section 2.1. Distributor shall place orders for copies of the Software and Documentation with OPEN MARKET by issuing a purchase order on Distributor's customary form (a copy of such form in use as of the Effective Date is attached hereto). The purchase order shall specify the following information; the quantity of the Software and Documentation ordered; the applicable version or platform; tile name and address of the prospective Customer, if known; and the desired delivery date. After its acknowledgment and acceptance of each order, which shall be at OPEN MARKET's sole discretion, OPEN MARKET shall ship such copies of the Software and Documentation to Distributor for Distributor's delivery and installation at such Customers address, subject to the requirement in Section 2.1 that the Customer receiving the Software shall execute (or otherwise enter into) a Customer Agreement. No order shall be binding upon OPEN MARKET unless acknowledged and accepted by OPEN MARKET by fax or by letter. OPEN MARKET shall promptly confirm its acceptance of an order or reject such order within three (3) business days after its receipt thereof either by fax or by letter and shall not reject an order except for reasonable business reasons. Failure to reject such order within such three (3) day period shall be deemed acceptance of the order by OPEN MARKET. The terms and conditions set forth herein shall prevail over any different or additional terms set forth in any Distributor order or other communications. OPEN MARKET shall be solely responsible for duplicating Products. Distributor shall provide a sales forecast to OPEN MARKET monthly.