“Agreement” means the Terms, which may be updated by Topcon from time to time in its sole discretion, and the applicable Purchase Certificate. “Affiliate” means an entity that controls, is controlled by or is under common control with another entity, where “control” refers to ownership or the right to direct more than 50% of the outstanding shares or securities representing the right to vote for the election of directors or other managing authority of another entity. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY OTHER AGREEMENT BETWEEN THE PARTIES RELATING TO THE ACQUISITION OF A SUBSCRIPTION TO THE SERVICE, INCLUDING TOPCON’S STANDARD TERMS OF PURCHASE, THIS AGREEMENT SHALL CONTROL.ġ. TOPCON RESERVES THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND THE SERVICE FOR FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT. IF AN INDIVIDUAL IS ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER ENTITY, SAID INDIVIDUAL REPRESENTS THAT HE/SHE HAS THE AUTHORITY TO BIND SUCH ENTITY. or one of its Affiliates (“ Topcon”) and the individual or entity accepting its terms and conditions (“ Customer”) by clicking the “I Accept” button, by creating an account, or by logging in.īY CLICKING THE “I ACCEPT” BUTTON OR INITIATING USE OF THE SERVICE CUSTOMER AGREES TO THE FOLLOWING TERMS GOVERNING THE USE OF THE SERVICE. This Magnet Service Terms (the “ Terms”) is between Topcon Positioning Systems, Inc.
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MAGNET SOFTWARE END USER LICENSE AGREEMENT.The following agreements apply to the access and use of the MAGNET web-based services and MAGNET Software that you have acquired the right to use.