“Affiliate” means an entity that owns or is controlled, owned or controlled directly or indirectly by a party, or that is under joint ownership or control with a party, where “control” means the power to direct the management or affairs of a company and “ownership” means the beneficial ownership of more than 50% of the voting interest rights or other equivalents. Voting rights of the company. 3.8. Indemnification by you. You shall defend, indemnify and hold Atlassian harmless from and against any and all losses, costs, liabilities or damages (including attorneys` fees) arising out of or in connection with any claim against Atlassian (a) arising out of or in connection with your violation of Section 2.3 (Secondary Users) or any claim or dispute claimed by Secondary Users arising out of their use of the Software; (b) by third parties with respect to your changes (including, but not limited to, any representations or warranties you make with respect to your changes to the Software) or your violation of Section 3.5 (Your Modifications); (c) by third parties in connection with your Customer Materials, as defined in Section 6.2(b); or (d) by third parties in connection with content or data not originating from Atlassian and used by you or your secondary users in connection with the Software. This indemnification obligation is subject to receipt of (i) prompt written notice of such claim (but in any event timely notice so that you can respond without prejudice); (ii) the exclusive right to control and direct the investigation, defence or settlement of such a claim; and (iii) any reasonably necessary cooperation from Atlassian at your expense. Berenberg Capital Markets is the third party that distributes Berenberg`s equity research in the United States. 10.2. Termination. If a party materially violates this EULA and fails to remedy such breach within 30 days of receiving written notice of the breach, the non-infringing party may terminate this EULA for cause. Cisco may terminate this EULA with immediate effect if you breach Sections 2.1 (License and Right to Use), 3.1 (Cisco Technology in General), 3.2 (Cloud Services), or 12.8 (Export). Upon termination of the EULA, you must cease using Cisco technology and destroy all copies of the Software and Confidential Information under your control.
If this EULA is terminated due to a material breach by Cisco, Cisco will reimburse you or your authorized source for the proportionate portion of the fees you have prepaid for rights of use beyond the date of termination. If Cisco terminates this EULA for your material breach, you will pay Cisco or the Authorized Source all outstanding fees until the end of the then-current period of use. If you continue to use or access Cisco Technology after termination, Cisco or the Approved Source may charge you for such continued use and you agree to pay for it. Referencing a third-party FTP server is not enough due to two issues: 15.3. Excluded claims. “Excluded Claims” means (1) your obligation in connection with orders, (2) the express indemnification obligations of both parties in this Agreement, and (3) your violation of Section 3.2 (Restrictions) or Section 2 (Combining Products with Open Source Software) of the third-party code in Atlassian Products. 12.3. Assignment and subcontracting.
Except as otherwise provided below, neither party may assign or renew this EULA, in whole or in part, without the express written consent of the other party. Cisco may (a) by written notice, assign or renew this EULA, in whole or in part, to an affiliate of Cisco or otherwise in connection with a sale or transfer of any portion of its business; or (b) subcontract Cisco Technology-related services to third parties, unless such subcontract releases Cisco from its obligations under this EULA. 2.1. Account Registration. You must create an account with us to place orders or access or receive software. Your registration information must be accurate, up-to-date and complete. You must keep your registration up to date so that we can send you communications, bank statements and other information via email or through your account. You are responsible for all actions performed through your account, including orders placed or apps activated (for which fees may apply).
If you order Software through a Reseller (as defined in Section 7.8), you are solely responsible for (i) Reseller`s access to your Account and (ii) any rights or obligations associated with reseller in your respective agreement with Reseller. This includes information about client structures, bank employees (see also the box at the bottom right), third parties involved, such as trustees and lawyers, as well as asset transfers to other countries by tax evaders who make their funds disappear. When purchasing the ticket on the Internet or through third parties, passengers must provide proof of the accuracy of their information when checking tickets on the train. 12.9. Governing Law and Jurisdiction. This EULA and all disputes arising therefrom shall be governed exclusively by applicable law, depending on your principal place of business and without regard to conflict of laws rules or the United Nations Convention on the International Sale of Goods. The courts of the following jurisdiction shall have exclusive jurisdiction to hear any dispute arising out of or in connection with the EULA or its formation, interpretation or performance. Each party accepts and submits to the exclusive jurisdiction of such courts.
Notwithstanding applicable law below, either party may seek injunctive relief from any court of competent jurisdiction for an alleged infringement of Cisco`s intellectual property or proprietary rights. 3. A person shall be treated as if he had delegated the power of attorney to an obvious representative if the statements or conduct of the person lead the third party to believe in an appropriate and good faith manner that the manifest was authorized for the act he committed. The officer also worked as an agent for the third party; or 2. If the exporting Party does not make such a declaration, the other Party may, within a reasonable time, make the performance of its own obligation reasonable. It informs the executive party of the election. However, the rights provided for in Articles 3:302 and 3:303 may only be exercised if the intention to exercise them is communicated to the intermediary.dem to third parties or.dem to third parties. Upon receipt of the notification, the third party or customer is no longer allowed to provide services to the intermediary. If there are doubts as to the meaning of an individually negotiated contractual term, it is preferable to interpret the clause in relation to the party who submitted it.
If the order does not define quality, a party must submit a tender for a service of at least average quality. 22.9. Independent Contractors. The parties are independent contractors. Nothing in this Agreement shall be construed as constituting either party as an affiliate of the other party or creating any other form of legal association that would give either party the right, authority or authority, express or implied, to create an obligation or obligation of the other party. Unless expressly stated otherwise on this website, all material contained on this website, including text, graphics, still images, moving images, audio, database and software, is the exclusive property of FIBT or any third party expressly authorizing such use by FIBT. 13.2. Termination for cause. Either party may terminate this Agreement (including any related orders) if the other party (a) fails to remedy a material breach of this Agreement within thirty (30) days of written notice; (b) cease operations without a successor; or (c) seeks protection in connection with a bankruptcy, receivership, trust deed, creditor settlement, arrangement or similar proceeding, or if such proceedings are commenced against that party (and are not completed within sixty (60) days thereafter). .