No Click-Wrap; Shrink-wrap Sample Clauses

The "No Click-Wrap; Shrink-wrap" clause establishes that the agreement does not recognize or accept terms presented through click-wrap or shrink-wrap methods. In practice, this means that any additional terms or conditions that a party might attempt to impose by requiring a user to click "I agree" during software installation, or by including terms inside product packaging, are not binding on the parties. This clause ensures that only the negotiated and expressly agreed-upon terms in the main contract are enforceable, thereby preventing the introduction of unexpected or unilateral obligations after the initial agreement.
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No Click-Wrap; Shrink-wrap. This Agreement supersedes and replaces any (i) click-wrap, or click-through or shrink-wrap agreements (or other similar or standard form agreements) that LICENSEE has or may be required to accept as a part of downloading, accessing or using the Product or any updates, upgrades or enhancements to the Product or (ii) or any other agreements or terms conditions imposed upon LICENSEE outside of the Agreement, or when installing the Product. This Section shall apply to Product downloaded, accessed or used by LICENSEE in any environment, including but not limited to production, test, disaster recovery, disaster recovery testing, evaluation, trial or beta testing. Executed by the parties by their duly authorized representatives as of the date first above written. TransValue BV trading as DATPROF LICENSEE By: By: Print Name: Print Name: Print Title: Print Title: Product description(s) (See § 1.18) Product name or list here License Effective Date (See § 1.12) DD MM YYY License Period (start and end date) (See § 1.14) Start date: DD MM YYY End date: DD MM YYYY License Fees (See § 1.12) Quotation reference Executable Code License Fee: € n,nnn.nn 20XXXXXX-REF-NN Product deliverable form Executable Code: Included Source Code: Not Included Delivery Date (See § 1.7, § 5) Within two business days of the date of this Agreement Operating Environment (See § 1.17) See ▇▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇.▇▇▇ Licensed Database system(s) Oracle, DB2, MSSQL Server Installation Services (See § 16) Installation Fees: None required, and no onsite installation services have been requested, nor contracted. .1) Annual Support Fee: € n,nnn.nn Support Period (See § 1.24) From License date for a period of 12 calendar months Limitation of Liability (See § 8) No more than the amount invoiced by LICENSOR to LICENSEE in the preceding twelve (12) month period. 1. MAINTENANCE AND SUPPORT SERVICES
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  • Third Party Software The Software may contain third party software which requires notices and/or additional terms and conditions. Such required Third Party Software notices and/or additional terms and conditions are located at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇-third-party/ (or a successor website thereto) and are made a part of and incorporated by reference into this Agreement.