Common use of Future Orders Clause in Contracts

Future Orders. An Ordering Document for additional Maintenance or Consulting Services shall be deemed accepted only by issuance of a TIBCO invoice and solely for purposes of administrative convenience. None of the terms of the Ordering Document (other than the software product name, number of Permitted Instances, level of Support, description of Services, and fees due in connection therewith), shall apply for any reason or purpose whatsoever, regardless of any statement on any Ordering Document to the contrary, unless it expressly states it is modifying this Agreement and is countersigned by TIBCO. All future orders of Maintenance and Consulting Services by Licensee from TIBCO shall be deemed to occur under the terms of this Agreement (with or without reference to this Agreement), unless superseded by a written Agreement signed by both parties, which expressly states that such orders are pursuant to a separate written agreement. As used herein, “Ordering Document” means any purchase order or similar document requesting Software or Services.