Product and market schedule: The Product and Market Schedule, attached hereto as




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НазваниеProduct and market schedule: The Product and Market Schedule, attached hereto as
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ACCESS AND AUDIT. In order to verify the Reseller’s compliance with this Agreement, the Reseller shall give KMSI reasonable access to the Reseller’s facilities during normal business hours to make inspections of the Reseller’s premises and to audit the books and records of the Reseller relating to the Products purchased by the Reseller, including the right to make copies of or abstracts from such books and records.

  • TITLE. Title to and ownership of the Products will remain with KMSI. All references in this Agreement to the “sale” of or “resale” of or “selling” (or other similar terms) of any Products shall mean the sale of a license to use such Products by means of an application service provider hosting model. All references in this Agreement to the “purchase” (or other similar terms) of Products shall mean the purchase of a license to use such Products. Reseller shall not reverse engineer, decompile, disassemble, or otherwise derive source code from any Products.

  • SALE OF THE PRODUCTS

    1. TERMS: KMSI shall sell the Products to the Reseller upon the terms and conditions set forth in this Agreement.

    2. PRICES: KMSI shall sell the Products to the Reseller at the prices and/or fees set forth on the Products and Market Schedule attached to the Agreement and made a part hereof. KMSI may increase or decrease the price of the Products at its sole discretion. KMSI will use commercially reasonable efforts to provide the Reseller with forty-five (45) days notice of any such change and such new pricing will apply to all of the Reseller’s orders received by KMSI after the effective date set forth in such notice.

    3. DISCONTINUATION/CHANGES TO PRODUCTS: KMSI may, in its sole discretion, discontinue the sale of any of the Products and make such changes affecting their form, fit or function as it, in its sole discretion, determines by giving the Reseller prior notice thereof but without incurring any liability to the Reseller therefore. KMSI will use commercially reasonable efforts to provide such notice at least five (5) days in advance. If, because of any discontinuance or change to the Products affecting their form, fit or function, the Reseller does not wish to purchase same or any of the other Products covered by this Agreement, then the Reseller may terminate this Agreement by giving KMSI notice thereof within thirty (30) days of KMSI’s notice to it. KMSI agrees that for any outstanding orders of the Reseller it will provide Products that are greater than or equal to the discontinued Product in form, fit and function at the same or lesser price.

    4. TAXES: The Reseller shall bear the cost of any taxes, levies, duties and fees of any kind, nature or description whatsoever applicable to any of the Products supplied by KMSI to the Reseller. The Reseller will pay KMSI all such sums upon demand unless the Reseller provides KMSI, at the time of the submission of its purchase orders, tax exemption certificates, or licenses acceptable to the appropriate taxing authorities.

    5. PURCHASE ACCEPTANCE/CONTROLLING TERMS: KMSI shall have the right in the exercise of its sole and absolute discretion to reject any purchase order, either in whole or in part, placed by the Reseller, and no purchase order shall be binding upon KMSI unless accepted by KMSI in writing or by delivery of Products in whole or partial fulfillment thereof. Anything herein to the contrary notwithstanding, unless otherwise expressly agreed to in writing by KMSI, any provision of Products to the Reseller in whole or partial fulfillment of any purchase order placed by the Reseller shall not be deemed to constitute an acceptance by KMSI of any of the terms and conditions of such purchase order, except as to the identification of the Products, and the quantities involved. The provisions of this Agreement shall govern all such purchase orders.

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