Dmailer Backup 2
This Value Added Reseller Agreement ("Agreement") is effective as of ………………….. 2009 ("Effective Date") by and between Dmailer, a company duly organized and existing in accordance with the laws of France, with its principal place of business at 37/41 rue Guibal, 13003 Marseille - France, (“Dmailer”) and……………………………………………………………….., with its principal place of business at …………………………………………………………………………………., ("…………………………….."), collectively (“THE PARTIES”).
This Agreement governs VAR’s authorization to resell Dmailer Sync™ software (“Dmailer Sync™ software”) to End Users (as those terms are defined herein) under the terms and conditions of this Agreement.
TERMS AND CONDITIONS
1. Definitions.
1.1. “Documentation” shall mean any user manuals, release notes, installation notes, and other materials in any form provided in conjunction with the Dmailer Sync™ software.
1.2. “End User” shall mean that entity which acquires the Dmailer Sync™ software for its own use from VAR and which has no right to sublicense or transfer the Dmailer Sync™ software to any third party.
1.3. “Dmailer Sync™ software” shall mean the Dmailer Sync™ software in complied applications or object code form, together with the Documentation provided expressly for resale under this Agreement.
2. Establishment of Relationship.
2.1. Dmailer grants as a part of the Partner Program to VAR the nonexclusive right, during the term of this Agreement, to procure the Dmailer Sync™ software from Dmailer for resale solely to End Users for said End User’s own internal use and for no other use.
2.2. VAR represents that the Dmailer Sync™ software procured from Dmailer hereunder will be supplied to End Users in the regular course of VAR’S business, and that the Dmailer Sync™ software will not be supplied to any others. VAR agrees that Dmailer Sync™ software intended for purposes other than those specified in this Section shall not be procured under this Agreement without the prior expres
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