Resale Certificate. agrees to provide Kx with a valid Resale Certificate for the Applications. If the resale certificate is not accepted by the applicable taxing authority or if Kx is otherwise obligated to pay any sales tax based on s distribution of Applications, agrees to pay Kx all sales tax, interest and penalties that Kx is assessed by the taxing authority for the relevant transactions.
Allocation of Risk. The provisions of this [Section 8] allocate risks under this OEM Agreement between and Kx. Kxs pricing reflects this allocation of risks and limitation of liability.
Generally Released Error Corrections and Updates. If Kx generally makes available any Error Corrections or Updates to the Licensed Software while is receiving Maintenance Services, Kx will notify of such Error Corrections and Updates by posting a message on the k4 listbox and will make the Error Corrections or Updates available to without charge by download from the Kx Website.
By . Except for infringement claims covered by Kxs indemnity in [section 9.1], agrees to indemnify and hold Kx harmless against any cost, loss, liability or expense (including attorneys fees) arising out of third party claims against Kx as a result of s # use of the Licensed Software to provide Hosting Services to any Customer, # representation of the Licensed Software in a manner inconsistent with Kxs published Licensed Software description and warranties, or # any use or distribution of the Licensed Software inconsistent with the terms of this OEM Agreement.
Kx Contract No. [[Unknown Identifier]]
will pay Kx the following :
Fees. agrees to pay Kx .
Major Errors. Kx shall, within of the receipt of notice from of a Major Error, initiate work to verify such Major Error. If Kx can reproduce the Major Error, then it will use diligent efforts to provide an Error Correction for such Major Error within the following period, including any necessary modification to the Licensed Software. In the event that Kx is unable to correct any Major Error within such , shall have the right to request written assurances from Kx that it is using diligent efforts to correct the Major Error and is likely to do so within a commercially reasonable time.
No Expansion of Warranty. No employee, agent, representative or affiliate of Kx has authority to bind Kx to any oral representations or warranty concerning the Licensed Software. Any written representation or warranty not expressly contained in this OEM Agreement is not enforceable.
This OEM Agreement replaces and supersedes the Kdb Agreement and Amendments Nos. 1-4, and sets forth the terms on which Kx will license and provide maintenance for the Licensed Software to for purposes of developing and distributing applications that integrate Kxs Licensed Software.
AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.
And AllDrafts generates clean Word and PDF files from any draft.