Original equipment manufacturer (OEM) is the manufacturer that first produced hardware, which is then sold to a company that markets the hardware under its own name. IT companies may need one or more parts for a product and often purchase the product from another manufacturer. The company will advertise the part or product as its own, even if it was manufactured by another company. This is considered a completely legal marketing tool, since a resale contract has been signed by the companies involved. Another name for OEM is contract manufacturer. 7.4 RoHS/WEEE directives. Supplier warrants that Products purchased by Ciena for resale in the European Union comply with European Union Directive 2002/95/EC on the restriction of the use of certain hazardous substances (“RoHS Directive”) and that Supplier complies with European Union Directive 2002/96/EC on waste electrical and electronic equipment (“WEEE Directive”). Supplier shall defend, protect, indemnify and hold Ciena harmless from and against any and all losses, damage to persons or property, personal injury or death, liabilities, claims, privileges, demands and causes of action of any kind (including the amount of judgments, penalties, interest, court costs and attorneys` fees, including appeal or review) incurred by Ciena in connection with or as a result of any party`s default; Material or component of products purchased from Ciena for resale in the European Union to comply with the RoHS Directive or non-compliance with the WEEE Directive. Each party defends, indemnifies, indemnifies and holds harmless the other party and its officers, directors and employees and its respective affiliates, officers, directors and employees from and against any and all losses, damage to persons or property, injury or death of persons, liabilities, claims, privileges, demands and causes of action of any kind (including the amounts of judgments, B. penalties, interest, court costs and attorneys` fees, including appeal or review) incurred by the other party, its affiliates or their respective officers, directors and employees to defend them for the benefit of any person, corporation or other legal entity in connection with or arising out of any grossly negligent or malicious act or omission of that party, of its employees or subcontractors in the Subject to this Agreement, except to the extent such losses, damages, liabilities, etc. were caused by gross negligence or wilful misconduct on the part of the other party.
There is a second, more recent definition of OEM that is generally used in the computer industry. In this case, OEM can refer to the company that buys products and then incorporates or renames them into a new product under its own name. G`day, my name is Michele! I work with start-ups, entrepreneurs, and small and medium-sized businesses across the country in a variety of industries. I help them with all their daily legal needs. These include business creation, mergers and acquisitions, drafting and reviewing contracts, employment, sale and acquisition of assets, as well as sales of businesses or withdrawals of shareholders. I am half Australian, half Italian and have lived in America for the last 20+ years of my life. I`ve lived all over the United States, graduated from high school in the Deep South, graduated from Washington University in St. Louis, and then graduated from Georgetown University Law Center. After law school, I worked for the Los Angeles office of Latham & Watkins, LLP. After four intense and rewarding years there, I left the company to become general counsel and vice president of an incredible industry-changing startup called Urban Mining Company (UMC), which makes rare earth permanent magnets. I now work for Phocus Law, where I lead our practice, which focuses on entrepreneurs, startups and SMEs. I love what I do and I would like to help! My goal is to provide stress-free, enjoyable and high quality legal advice to all my clients.
Being a good lawyer is not enough: the client experience must also be excellent. But work is not everything, and I like my free time. I have been an avid traveler since my parents put me on a plane to Italy when I was 9 months old. I`m also a music nut and I`m always looking for the perfect client to be explained why Dark Side Of The Moon is the best album ever. Growing up in a remote and beautiful corner of Australia, I feel a strong connection to nature and love being in the elements. 3.2 Terms and Conditions. This agreement governs all general conditions of purchase and sale relating to orders accepted by the supplier. In the event of any conflict between this Agreement and the pre-printed terms and conditions of any order or confirmation, the terms of this Agreement shall prevail and no pre-printed terms shall prevail. Each order establishes a legally binding obligation towards the parties upon acceptance by the supplier.
Any additional terms or changes to an accepted order require the written consent of both parties. I graduated from the University of Illinois at Urbana-Champaign in 2006 with a degree in Political Science, Finance and Economics. I stayed in Champaign for law school and graduated in 2009. After that, I worked at a large law firm in downtown Chicago. It was boring, so I stopped in early 2011. I thought I couldn`t be happy to practice law – I was wrong. After leaving the traditional life of a law firm, I began representing my own clients. I realize now that I enjoy helping ordinary people, small business owners, and nonprofits solve various legal problems.
I hope to hear from you. 15.2 Exclusions. The obligations set out in Article 15.1 do not apply to information that the receiving party can prove by written documents prepared in the ordinary course of its business: (i) is publicly available or becomes public without the receiving party`s act or omission; (ii) is fully known to the receiving party prior to receipt by the disclosing party; (iii) has been obtained from a third party whose receiving party knows that it has the legal right to transfer the information and is not subject to any obligation of confidentiality; or (iv) was independently developed by employees or representatives of the receiving Party without use or reference to the Disclosing Party`s Confidential Information. 17.12 Appropriate approval. Each party warrants to the other party that this Agreement has been duly authorized and performed and is valid and legally binding on that party and enforceable in accordance with its terms. 9.1. Supplier agrees to indemnify, defend and hold harmless Ciena and its officers, directors, employees, successors and assigns, in its sole discretion and expense, from and against any third party claim, including any claim by an end user seeking damages from Ciena, alleging that the Products, software and/or use of the products or software by Ciena or an End Users infringe a patent. Copyrights, trademarks or other intellectual property rights of such third parties.
Supplier further agrees to indemnify and hold Ciena harmless from any action, claim or other proceeding, as well as reasonable fees and costs against Ciena in connection with such infringement claims. Supplier`s obligations under this Agreement are subject to the following conditions: (i) Ciena will promptly notify Supplier in writing of any claim arising from such claims for breach (except that failure to promptly notify shall not relieve Supplier of obligations to the extent Supplier is not materially affected by such delay), (ii) Supplier shall be granted full authority to: assume the sole defense of its own attorney and compromise or settle claims to the extent possible. without prejudice to Ciena`s right to continue to use the alleged breach in accordance with this Section 9.1, and (iii) Ciena will fully cooperate with Supplier to facilitate the defense or settlement of any such claim.