Common use of OTHER IMPORTANT TERMS Clause in Contracts

OTHER IMPORTANT TERMS. 9.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 9.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 3 contracts

Sources: Software License Agreement, Licensing Agreement, Software License Agreement

OTHER IMPORTANT TERMS. 9.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances, warranties, representations assurances and understandings between us, whether written or oral, relating to its subject matter. . 9.4 You agree acknowledge that in entering into this Licence you do not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. . 9.5 You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 If we fail 9.6 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. 9.7 A delay or failure to insist that you perform any of your obligations under this Licenceexercise, or if we do the single or partial exercise of, any right or remedy shall not enforce our rights against youwaive that or any other right or remedy, nor shall it prevent or if we delay in doing so, restrict the further exercise of that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive or any later default by youother right or remedy. 9.5 9.8 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 9.9 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 2 contracts

Sources: Licence Agreement, Licence Agreement

OTHER IMPORTANT TERMS. 9.1 13.1. We may transfer our rights and obligations under this Licence these Terms to another organisation, but this will not affect your rights or our obligations under this Licencethese Terms. 9.2 13.2. You may only transfer your rights or your obligations under this Licence these Terms to another person if we agree in writing. 9.3 This Licence 13.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms. 13.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence these Terms or any document expressly referred to in it. 9.4 13.5. If we fail to insist that you perform any of your obligations under this Licencethese Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 9.5 13.6. Each of the conditions of this Licence these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 This Licence13.7. These Terms, its subject matter and its formation (formation, and any non-contractual other disputes or claims) claims in connection therewith, are governed by English lawthe laws of England and Wales. We In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably agree submit to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: Terms and Conditions

OTHER IMPORTANT TERMS. 9.1 8.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 8.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3 8.3 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 8.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 9.5 8.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: Software License Agreement

OTHER IMPORTANT TERMS. 9.1 8.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 8.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3 8.3 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 8.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 9.5 8.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 8.6 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: License Agreement

OTHER IMPORTANT TERMS. 9.1 11.1 We will use the personal information you provide to us in accordance with our privacy statement, to enable you to access and view the Licensed Materials, and to process payment for the Licensed Materials and/or to process a refund if you decide to cancel this Licence in accordance with your rights in clause 5 or if we terminate this Licence in accordance with clause 7.2. 11.2 This Licence constitutes the entire agreement between you and us, and supersedes any prior communication and all prior arrangements, whether written or oral, between you and us with respect to the subject matter hereof. We may make changes to the Licensed Materials or these terms, to reflect changes in relevant laws and regulatory requirements. 11.3 We may transfer our rights and obligations under this Licence these terms to another organisation, but . We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights or our obligations under this Licence. 9.2 11.4 You may only transfer your rights or your obligations under this Licence to another person if we agree in writinggive you prior written consent. 9.3 11.5 This Licence does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence. 11.6 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree effect. 11.7 If we do not insist immediately that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred do anything you are required to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 If we fail to insist that you perform any of your obligations do under this Licence, or if we do not enforce our rights against you, or if we delay in doing sotaking steps against you in respect of your breaking this Licence, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with do those obligations. If we do waive a default by you, we will only do so in writing, things and that it will not mean that we will automatically waive any prevent us taking steps against you at a later default by youdate. 9.5 Each of the conditions of 11.8 Which laws apply to this Licence operates separatelyand where you may bring legal proceedings. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) These terms are governed by English lawlaw and you can bring legal proceedings in respect of this Licence in the English courts. We both irrevocably agree to If you are a consumer and you live in Scotland, you can bring legal proceedings in respect of this Licence in either the exclusive jurisdiction Scottish or the English courts. If you are a consumer and you live in Northern Ireland, you can bring legal proceedings in respect of this Licence in either the courts of England and WalesNorthern Irish or the English courts.

Appears in 1 contract

Sources: Single User Licence Agreement

OTHER IMPORTANT TERMS. 9.1 10.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 10.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3 10.3 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances, warranties, representations assurances and understandings between us, whether written or oral, relating to its subject matter. . 10.4 You agree acknowledge that in entering into this Licence you do not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. . 10.5 You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 If we fail 10.6 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. 10.7 A delay or failure to insist that you perform any of your obligations under this Licenceexercise, or if we do the single or partial exercise of, any right or remedy shall not enforce our rights against youwaive that or any other right or remedy, nor shall it prevent or if we delay in doing so, restrict the further exercise of that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive or any later default by youother right or remedy. 9.5 10.8 Each of the conditions paragraphs of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 10.9 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: Licence Agreement

OTHER IMPORTANT TERMS. 9.1 We 11.1 iSIZE may transfer our its rights and obligations under this Licence ▇▇▇▇ to another organisation, but this will not affect your rights or our iSIZE's obligations under this Licence▇▇▇▇. 9.2 11.2 You may only transfer your rights or your obligations under this Licence ▇▇▇▇ to another person if we agree ▇▇▇▇▇ agrees in writing. 9.3 11.3 This Licence and any document expressly referred to in it ▇▇▇▇ constitutes the entire agreement between us you and iSIZE and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between usyou and iSIZE, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it▇▇▇▇. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it▇▇▇▇. 9.4 11.4 If we fail iSIZE fails to insist that you perform any of your obligations under this Licence▇▇▇▇, or if we do iSIZE does not enforce our its rights against you, or if we delay iSIZE delays in doing so, that will not mean that we have iSIZE has waived our its rights against you and will not mean that you do not have to comply with those obligations. If we do iSIZE does waive a default by you, we it will only do so in writingwriting signed by iSIZE, and that will not mean that we iSIZE will automatically waive any later default by you. 9.5 11.5 Each of the conditions of this Licence ▇▇▇▇ operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 11.6 This Licence▇▇▇▇, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We You and iSIZE both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: End User License Agreement

OTHER IMPORTANT TERMS. 9.1 13.1 We may transfer our rights and obligations under this Licence ▇▇▇▇ to another organisation, but this will not affect your rights or our obligations under this Licence▇▇▇▇. 9.2 13.2 You may only transfer your rights or your obligations under this Licence ▇▇▇▇ to another person if we agree in writing. 9.3 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 13.3 If we fail to insist that you perform any of your obligations under this Licence▇▇▇▇, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 9.5 13.4 You have legal rights in relation to services not carried out with reasonable care and skill and goods not of a satisfactory quality. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office. Nothing in this ▇▇▇▇ will affect these legal rights. 13.5 Each of the conditions of this Licence ▇▇▇▇ operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 13.6 This Licence, its subject matter and its formation ▇▇▇▇ is governed by English law. This means that any dispute or claim arising out of or in connection with this ▇▇▇▇ (and any including non-contractual disputes or claims) are ), will be governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts laws of England and Wales. 13.7 Nothing in this ▇▇▇▇ affects your rights as a consumer to rely on such mandatory provisions of local law. ANNEX Additional App Terms The following terms and conditions shall apply to your use of the App in addition to those set out in the ▇▇▇▇. For the purpose of this Appendix, "Appstore Provider" means the provider of the app store through which you have downloaded the App (for example, Apple is the Appstore Provider if you have downloaded the App from the Apple App Store, Google is the Appstore Provider if you have downloaded the App from Google Play, etc). 1. You acknowledge and agree that this ▇▇▇▇ has been concluded between you and Costa, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the App and its content. 2. You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the App. Should you have any problems in using the App, please contact Costa at ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇. 3. In the event that the App does not conform with any product warranty provided for by this ▇▇▇▇, the Appstore Provider may provide you with a refund of the price that you paid to purchase the App (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the App. 4. You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the App, including (without limitation): product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation. 5. In the event that a third party claims that the App infringes its intellectual property rights, Costa (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim. 6. You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 7. If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this ▇▇▇▇. Upon your acceptance of this ▇▇▇▇, Apple will have the right to enforce the ▇▇▇▇ against you as a third party beneficiary.

Appears in 1 contract

Sources: End User License Agreement

OTHER IMPORTANT TERMS. 9.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3 This Licence (and any document expressly referred to in it Licence Agreement entered into between us and you) constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence (or any document expressly referred to in itLicence Agreement entered into between us and you). You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence (or any document expressly referred to in itLicence Agreement entered into between us and you). 9.4 The terms of this Licence will prevail over the terms of any Evaluation Plan to the extent of any inconsistency or conflict. In the event of any conflict between the terms of this Licence and its corresponding Licence Agreement, the terms of the Licence Agreement will prevail. 9.5 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 9.5 9.6 Save for our third party licensors who may enforce this Licence in so far as it relates to your use of their software or documents under this Licence, this Licence does not grant to any third party any rights under the Contracts (Rights of Third Parties) ▇▇▇ ▇▇▇▇ to enforce any of its terms. 9.7 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 9.8 This Licence, its subject matter and its formation (and any non-contractual disputes or claimsclaims relating to it or them) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales. Notwithstanding the foregoing or anything to the contrary, nothing shall prevent us from bringing claims or actions for infringement of intellectual property rights (including related causes of action, such as breach of contract) in any and all jurisdictions where such infringement is alleged to occur, or where you are incorporated, domiciled, conduct business, or hold assets.

Appears in 1 contract

Sources: End User License Agreement (Eula)

OTHER IMPORTANT TERMS. 9.1 10.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 10.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3 10.3 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances, warranties, representations assurances and understandings between us, whether written or oral, relating to its subject matter. . 10.4 You agree acknowledge that in entering into this Licence you do not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. . 10.5 You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 If we fail 10.6 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. 10.7 A delay or failure to insist that you perform any of your obligations under this Licenceexercise, or if we do the single or partial exercise of, any right or remedy shall not enforce our rights against youwaive that or any other right or remedy, nor shall it prevent or if we delay in doing so, restrict the further exercise of that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive or any later default by youother right or remedy. 9.5 10.8 Each of the conditions clauses of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 10.9 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: Licence Agreement

OTHER IMPORTANT TERMS. 9.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writingwriting [signed by us], and that will not mean that we will automatically waive any later default by you. 9.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English French law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and WalesFrance.

Appears in 1 contract

Sources: End User License Agreement

OTHER IMPORTANT TERMS. 9.1 13.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your the Licensee's rights or our obligations under this Licence. 9.2 You 13.2 The Licensee may only not transfer your its rights or your obligations under this Licence to another person if we agree in writingLicence. 9.3 13.3 This Licence and any all document expressly referred to in it constitutes the entire agreement between us the Licensee and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree The Licensee acknowledges that you shall have no remedies in respect of it has not relied on any statement, representation, assurance promise or warranty (whether representation made innocently or negligently) that given by or on behalf of us which is not set out in this Licence or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in itLicence. 9.4 13.4 If we fail to insist that you perform the Licensee performs any of your its obligations under this Licence, or if we do not enforce our rights against youthe Licensee, or if we delay in doing so, that will not mean that we have waived our rights against you the Licensee and will not mean that you do the Licensee does not have to comply with those obligations. If we do waive a default by youthe Licensee, we will only do so in writing, and that will not mean that we will automatically waive any later default by youdefault. 9.5 13.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 13.6 Nothing in this Licence is intended to create any partnership or joint venture between the parties, nor authorise either party as agent with binding authority to act on behalf of the other. 13.7 This Licence does not confer any rights on any person or party other than the parties to this agreement and their permitted successors or assigns pursuant to the Contracts (Rights of Third Parties) ▇▇▇ ▇▇▇▇. 13.8 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably The parties agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: End User Licence Agreement

OTHER IMPORTANT TERMS. 9.1 15.1. We may transfer our rights and obligations under this Licence these Terms to another organisation, but this will not affect your rights or our obligations under this Licencethese Terms. 9.2 15.2. You may only transfer your rights or your obligations under this Licence these Terms to another person if we agree in writing. 9.3 This Licence 15.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms. 15.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations representations, and understandings between us, whether written or oral, relating to its that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance assurance, or warranty (whether made innocently or negligently) that is not set out in this Licence these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence these Terms or any document expressly referred to in it. 9.4 15.5. If we fail to insist that you perform any of your obligations under this Licencethese Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 9.5 15.6. Each of the conditions of this Licence these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 This Licence15.7. These Terms, its subject matter and its formation (formation, and any non-contractual other disputes or claims) claims in connection therewith, are governed by English lawthe law of Serbia. We In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably agree submit to the exclusive jurisdiction of the courts of England and WalesBelgrade.

Appears in 1 contract

Sources: Terms and Conditions

OTHER IMPORTANT TERMS. 9.1 7.1 We may transfer our rights and obligations under this Licence Licence/Subscription to another organisation, but this will not affect your rights or our obligations under this Licence/Subscription. 9.2 7.2 You may only transfer your rights or your obligations under this Licence Licence/Subscription to another person if we agree in writing. 9.3 7.3 This Licence and any document expressly referred to in it Licence/Subscription constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in itLicence/Subscription. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in itLicence/Subscription. 9.4 7.4 If we fail to insist that you perform any of your obligations under this Licence/Subscription, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 9.5 7.5 Each of the conditions of this Licence Licence/Subscription operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 7.6 This Licence/Subscription, and any disputes or claims arising out of or in connection with its subject matter and its or formation (and any including non-contractual disputes or claims) are governed by English lawand construed in accordance with the law of Scotland. We both The parties irrevocably agree to the exclusive jurisdiction of that the courts of England and WalesScotland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter (including non-contractual disputes or claims).

Appears in 1 contract

Sources: Licence/Subscription Agreement

OTHER IMPORTANT TERMS. 9.1 10.1. We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 You ▇▇.▇. ▇▇▇ may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3 10.3. This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 10.4. If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writingwriting signed by us, and that will not mean that we will automatically waive any later default by you. 9.5 10.5. Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 10.6. This Licence, its subject matter matter, and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales. This clause shall not apply to the extent that applicable legislation deems you are dealing as a consumer pursuant to this Licence in which event you shall be entitled to seek remedies pursuant to such local law and/or jurisdiction as the relevant applicable consumer protection laws stipulate and which laws cannot be legally excluded from the terms of this Licence. For the avoidance of doubt, this Licence does not vary the terms of our subscription agreement with your employer and in the event of conflict of terms our main subscription agreement will take precedence to the full extent required to resolve such conflict.

Appears in 1 contract

Sources: End User Licence Agreement

OTHER IMPORTANT TERMS. 9.1 13.1 We may transfer at any time sub-license, assign, novate, charge or deal in any other manner with any or all of our rights and obligations under this Licence, provided we give written notice to you if this happens. 13.2 You shall not: 13.2.1 sub-license, assign or novate the benefit or burden of this Licence in whole or in part; 13.2.2 allow the Software to another organisationbecome the subject of any charge, but this will not affect your lien or encumbrance; and 13.2.3 deal in any other manner with any or all of its rights or our and obligations under this Licence, without our prior written consent. 9.2 13.3 You may only transfer your rights or your obligations under this Licence to another person if and we agree in writingconfirm that we are each acting on our own behalf and not for the benefit of any other person. 9.3 13.4 This Licence and does not give rise to any document expressly referred rights under the Contracts (Rights of Third Parties) Act 1999 to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. enforce any term of this Licence. 13.5 You hereby agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. You agree it and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 13.6 Each of the provisions of this Licence operates separately. If any court or relevant authority decides that any of provision or part-provision is invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Licence. 13.7 If we fail to do not insist immediately that you perform any do anything you are required to do under this Licence, or if we delay in taking steps against you in respect of your obligations under breaking the terms of this Licence, or if we do not enforce all or any of our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with do those obligationsthings and it will not prevent us taking steps against you at a later date. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 9.5 Each 13.8 This Licence (and any document referred to in it) contains the whole agreement between you and us relating to the subject matter hereof (to the exclusion of the any terms, provisions or conditions contained on or within any purchase order, acknowledgement or other business form that you may use in connection with this Licence) and supersedes all prior agreements, arrangements and understandings between you and us relating to that subject matter. 13.9 No variation of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain shall be effective unless it is in full force writing and effectsigned by us. 9.6 13.10 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are shall be governed by and construed in accordance with English law. We both hereby irrevocably agree to the exclusive jurisdiction of the courts of England and Wales. 13.11 This Licence is prepared in the English language and if it is translated into any other language, the English language version of this Licence shall prevail if there is a conflict.

Appears in 1 contract

Sources: Licence Agreement

OTHER IMPORTANT TERMS. 9.1 8.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 8.2 You may only not transfer your rights or your obligations under this Licence to another person if we agree in writingany third party, except with our express written consent. We reserve all rights to deny any requests for the transfer of this License. A transfer fee of $25 per calendar year of ownership will be charged by Licensor for the transfer of any license that has been owned for more than 12 months. It should be noted that PACE also charges a fee for the transfer of iLok licences. 9.3 8.3 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in itLicence. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in itLicence. 9.4 8.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 9.5 8.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 This 8.6 Please note that this Licence, its subject matter and its formation (and any non-contractual disputes or claims) formation, are governed by English law. We You and we both irrevocably agree to the exclusive jurisdiction of that the courts of England and WalesWales will have non-exclusive jurisdiction.

Appears in 1 contract

Sources: License Agreement

OTHER IMPORTANT TERMS. 9.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writingwriting signed by us, and that will not mean that we will automatically waive any later default by you. 9.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: End User License Agreement (Eula)

OTHER IMPORTANT TERMS. 9.1 10.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 10.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3 This 10.3 If you are a business customer, this Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 10.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 9.5 10.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 This 10.6 If you are a consumer, please note that this Licence, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. 10.7 If you are a business customer, this Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: End User License Agreement

OTHER IMPORTANT TERMS. 9.1 11.1 We may transfer our rights and obligations under this Licence ▇▇▇▇ to another organisation, but this will not affect your rights or our obligations under this Licence▇▇▇▇. 9.2 11.2 You may only transfer your rights or your obligations under this Licence ▇▇▇▇ to another person if we agree in writing. 9.3 11.3 This Licence ▇▇▇▇ and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence ▇▇▇▇ or any document expressly referred to in itto. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence ▇▇▇▇ or any document expressly referred to in itto. 9.4 11.4 If we fail to insist that you perform any of your obligations under this Licence▇▇▇▇, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writingwriting [signed by us], and that will not mean that we will automatically waive any later default by you. 9.5 11.5 Each of the conditions of this Licence ▇▇▇▇ operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 11.6 This Licence▇▇▇▇, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: End User License Agreement

OTHER IMPORTANT TERMS. 9.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances, warranties, representations assurances and understandings between us, whether written or oral, relating to its subject matter. . 9.4 You agree acknowledge that in entering into this Licence you do not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. . 9.5 You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 If we fail 9.6 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. 9.7 A delay or failure to insist that you perform any of your obligations under this Licenceexercise, or if we do the single or partial exercise of, any right or remedy shall not enforce our rights against youwaive that or any other right or remedy, nor shall it prevent or if we delay in doing so, restrict the further exercise of that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive or any later default by youother right or remedy. 9.5 9.8 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 9.9 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and WalesWales provided that either of us may enforce any judgement of the courts of England and Wales in the courts of any jurisdiction.

Appears in 1 contract

Sources: Software License Agreement

OTHER IMPORTANT TERMS. 9.1 8.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 You may only 8.2 Our Software transfer your rights or your obligations under policy is as follows: (a) NFR licences for which no commercial fee has been paid are non-transferrable; (b) Academic licences are non-transferrable; (c) Trial licences are non-transferrable; (d) All other licences are transferrable. Licence transfers are subject to an administration fee and a yearly usage fee. The fee structure is outlined on this Licence to another person if we agree in writingwebsite. 9.3 8.3 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in itLicence. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in itLicence. 9.4 8.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 9.5 8.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 This 8.6 Please note that this Licence, its subject matter and its formation (and any non-contractual disputes or claims) formation, are governed by English law. We You and we both irrevocably agree to the exclusive jurisdiction of that the courts of England and WalesWales will have non-exclusive jurisdiction.

Appears in 1 contract

Sources: License Agreement

OTHER IMPORTANT TERMS. 9.1 11.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 11.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3 11.3 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances, warranties, representations assurances and understandings between us, whether written or oral, relating to its subject matter. . 11.4 You agree acknowledge that in entering into this Licence you do not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. . 11.5 You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 If we fail 11.6 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. 11.7 A delay or failure to insist that you perform any of your obligations under this Licenceexercise, or if we do the single or partial exercise of, any right or remedy shall not enforce our rights against youwaive that or any other right or remedy, nor shall it prevent or if we delay in doing so, restrict the further exercise of that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive or any later default by youother right or remedy. 9.5 11.8 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 11.9 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: Licence Agreement

OTHER IMPORTANT TERMS. 9.1 14.1. We may transfer our Our rights and obligations under this Licence ▇▇▇▇ to another organisation, but this will not affect your Your rights or our Our obligations under this Licence▇▇▇▇. 9.2 14.2. You may only transfer your Your rights or your Your obligations under this Licence ▇▇▇▇ to another person if we We agree in writing. 9.3 14.3. This Licence ▇▇▇▇ and any document expressly referred to in it constitutes the entire agreement between us Us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between usUs, whether written or oral, relating to its subject matter. You agree that you You shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence ▇▇▇▇ or any document expressly referred to in it. You agree that you You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence ▇▇▇▇ or any document expressly referred to in it. 9.4 14.4. If we We fail to insist that you You perform any of your Your obligations under this Licence▇▇▇▇, or if we We do not enforce our Our rights against youYou, or if we We delay in doing so, that will not mean that we We have waived our Our rights against you You and will not mean that you You do not have to comply with those obligations. If we We do waive a default by youYou, we We will only do so in writing, and that will not mean that we We will automatically waive any later default by youYou. 9.5 14.5. Each of the terms and conditions of this Licence operates ▇▇▇▇ operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect. 9.6 14.6. This Licence▇▇▇▇, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: End User License Agreement

OTHER IMPORTANT TERMS. 9.1 We Licencee acknowledges that Licensor may contract with certain third party services providers for purposes of servicing the Software and/or hosting the corresponding back-end applications related to the Software. 9.2 Licensor may transfer our its rights and obligations under this Licence to another organisation. Licensor will notify Licencee in writing if such transfer happens, but this and will use commercially reasonable endeavours in furtherance of such transfer not affect your adversely affecting Licencee’s rights or our obligations under this Licence. 9.2 You 9.3 Licencee may only transfer your its rights or your obligations under this Licence to another person or organization, if we agree Licensor has previsouly agreed to such transfer in writing. 9.3 9.4 This Licence and any document expressly referred to in it constitutes the entire agreement between us Licensor and Licencee regarding the subject matter of this Licence, and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances, warranties, representations assurances and understandings between usthe parties, whether written or oral, relating to its such subject matter. You agree . 9.5 Licencee acknowledges and agrees that you by accepting the terms hereof and in entering into this Licence, Licencee has not relied on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not expressly set out in this Licence or Licence. 9.6 ▇▇▇▇▇▇▇ acknowledges and agrees that it shall not have any document expressly referred to in it. You agree that you shall have no claim claim(s) for innocent or negligent misrepresentation or and/or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in itLicence. 9.4 If we fail 9.7 A delay or failure to insist that you perform exercise, or the single or partial exercise of, any of your obligations under right or remedy set forth in this Licence, shall not waive that or if we do not enforce our rights against youany other right or remedy, nor shall it prevent or if we delay in doing so, restrict the further exercise of that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive or any later default by youother right or remedy. 9.5 9.8 Each of the terms and conditions of this Licence operates separately. If any court or competent relevant authority decides that any of them are unlawful or otherwise unenforceable, the remaining conditions will remain in full force and effect. Further, any unlawful or unenforceable terms or conditions of this Licence shall be amended to the extent to required to render them lawful and enforeceable, in accordance with the parties’ intentions set forth herein. 9.6 This Licence9.9 Any delay or failure on the part of Licensor to insist on Licencee’s immediate compliance with any of Licencee’s obligations hereunder, its subject matter and its formation (and any non-contractual disputes shall not be deemed or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction construed as Licensor’s waiver of the courts of England and Walessuch obligations nor prevent Licensor from enforcing such obligations at a later date.

Appears in 1 contract

Sources: Software Use Licence Agreement

OTHER IMPORTANT TERMS. 9.1 8.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 8.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3 8.3 We reserve the right to make changes to the Software through updates which may include discontinuing certain features. 8.4 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 8.5 It is not intended to confer any benefit on any third party by virtue of the Contract (Rights of Third Parties) ▇▇▇ ▇▇▇▇. 8.6 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 9.5 8.7 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 8.8 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: Software License Agreement

OTHER IMPORTANT TERMS. 9.1 11.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 11.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3 11.3 No provision of this Licence is enforceable by any person who is not a party to it whether pursuant to the Contracts (Rights of Third Parties) ▇▇▇ ▇▇▇▇ or otherwise. 11.4 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in itLicence. You agree that you shall will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in itLicence. 9.4 11.5 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writingwriting signed by us, and that will not mean that we will automatically waive any later default by you. 9.5 11.6 Each of the conditions provision of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions provisions will remain in full force and effect. 9.6 11.7 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: Software Licence Agreement

OTHER IMPORTANT TERMS. 9.1 11.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. 9.2 11.2 You may only transfer your rights or your obligations under this Licence to another person or entity if we agree in writing. 9.3 11.3 This Licence and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence or any document expressly referred to in it. 9.4 11.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writingwriting [signed by us], and that will not mean that we will automatically waive any later default by you. 9.5 11.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: End User License Agreement

OTHER IMPORTANT TERMS. 9.1 10.1 We may transfer our rights and obligations under this Licence ▇▇▇▇ to another organisation, but this will not affect your rights or our obligations under this Licence▇▇▇▇. 9.2 10.2 You may only transfer your rights or your obligations under this Licence ▇▇▇▇ to another person if we agree in writing. 9.3 10.3 This Licence ▇▇▇▇ and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence ▇▇▇▇ or any document expressly referred to in itto. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence ▇▇▇▇ or any document expressly referred to in itto. 9.4 10.4 If we fail to insist that you perform any of your obligations under this Licence▇▇▇▇, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writingwriting [signed by us], and that will not mean that we will automatically waive any later default by you. 9.5 10.5 Each of the conditions of this Licence ▇▇▇▇ operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 10.6 This Licence▇▇▇▇, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Appears in 1 contract

Sources: End User License Agreement

OTHER IMPORTANT TERMS. 9.1 26.1. We may transfer our rights and obligations under this Licence these Terms to another organisation, but this will not affect your rights or our obligations under this Licencethese Terms. 9.2 26.2. You may only transfer your rights or your obligations under this Licence these Terms to another person if we agree in writing. 9.3 This Licence 26.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms. 26.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Licence these Terms or any document expressly referred to in it. 9.4 26.5. If we fail to insist that you perform any of your obligations under this Licencethese Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 9.5 26.6. Each of the conditions of this Licence these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.6 This Licence26.7. These Terms, its subject matter and its formation (formation, and any non-contractual other disputes or claims) claims in connection therewith, are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts law of England and Wales.. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not

Appears in 1 contract

Sources: Terms of Service