This Value Added Reseller Agreement (“Agreement”) is made and effective this (Date), by and between ___________________ (“VAR”) and (“Developer”). Developer has developed certain software, which it markets directly to end-users and also markets through intermediaries such as VARs. VAR is in the business of creating and adding value to existing software and technology products and remarketing the value-added products to end-users. VAR desires to take a license in certain of Developer’s products as identified on Exhibit A (“Products”) attached, and to add value to same and remarket the value-added products, all pursuant to this Agreement.
Therefore the parties agree as follow:
- Nonexclusive Appointment. VAR is hereby appointed a nonexclusive value-added reseller of the Products for sale in the Territory as it appears in Exhibit B (“Territory”), pursuant to this Agreement. VAR accepts such appointment and agrees to serve as a value-added reseller of the Products to end users as provided herein. This Agreement is not exclusive to VAR, and Developer reserves the unrestricted right to sell, license, market and distribute or to grant to others the right to sell, license, market and distribute the Products and value added versions thereof anywhere in the world.
- Price, Terms, and Discounts. Prices, discounts, and other terms for the Products are set forth in Exhibit A. and are subject to change at any time, to take effect no sooner than the end of the Initial Term of this Agreement and following at least 30 Days prior written notice by Developer to VAR.
- Product Changes Including Upgrades. VAR acknowledges that customers generally desire and expect Product changes in VAR’s marketplace. Therefore, VAR encourages Developer to modify, alter, amend or delete from the Products at any time at its discretion. Any formal upgrades require at least 30 Days written notice from Developer to VAR.VAR agrees never to remove from the Products any copyright notice included in them….
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