Command Alkon Reseller Terms & Conditions

Last Updated: October 29, 2025

Overview

These Command Alkon Reseller Terms and Conditions (this “Agreement”) are entered into by and between Command Alkon Incorporated, a Delaware, USA corporation (“Command Alkon”, “we” or “us”) and the reseller (“Reseller” or “you”) of our Products, and sets forth the terms and conditions that apply to Reseller’s placement of any Orders for the resale of the Products to a Customer.

If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree to this Agreement on behalf of the party that you represent.

By placing an Order for any Products to resell to a Customer, you indicate, acknowledge and confirm your acceptance to be bound by this Agreement. If you do not agree to the terms of this Agreement, do not place an Order to resell the Products. Reseller and Command Alkon are individually referred to as a “Party” and, collectively as the “Parties”.

Contents

1. Definitions

(a) “Affiliate” means an entity that, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with a Party, where “ownership” means the beneficial ownership of fifty percent (50%) or more of an entity’s voting equity securities or other equivalent voting interests and “control” means the power to direct the management or affairs of an entity.

(b) “Anti-Corruption Laws” means all anti-bribery and anti-corruption laws and regulations binding on a Party’s business in connection with the performance of its obligations or exercise of its rights under this Agreement, including the United States Foreign Corrupt Practices Act and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

(c) “Confidential Information” means information disclosed under this Agreement that is designated by the disclosing Party as proprietary or confidential or that should be reasonably understood to be proprietary or confidential due to its nature and the circumstances of its disclosure, including non-public information regarding this Agreement, the Products, any technical or performance information about the Products, and any new product information regarding the Products.

(d) “Customer” means the end customer of the Products.

(e) “Customer Agreement” means the current version of Command Alkon’s Master License and Services Agreement or other customer agreement with Command Alkon for the license and use of the Products, as amended, restated, supplemented or modified.

(f) “Customer Profile Form” means a completed document or electronic submission that provides details about a Customer necessary for Command Alkon to fulfill the Order, including customer’s name, contact information, shipping address, target shipping date, facility or plant information and schematics, and such other information reasonably requested by Command Alkon.

(g) “Data Protection Law” means any privacy and/or data protection laws and regulations that apply to the processing of Personal Data in connection with a Party’s performance under this Agreement, or to the privacy of electronic communications, including without limitation the General Data Protection Regulation (EU) 2016/679 (“GDPR”), Directive 2002/58/EC, the California Consumer Privacy Act (“CCPA”) and any legislation or regulations implementing, replacing, amending or made pursuant thereto, as amended from time to time.

(h) “Effective Date” means the date on which you place an Order for Product(s) to resell to a Customer pursuant to this Agreement.

(i) “Excluded Claims” means (i) Reseller’s breach of Sections 2 and 3, (ii) amounts payable to third parties by Reseller under Section 7(c) or (iii) either Party’s breach of Section 9.

(j) “List Price” means the then-current list price of the applicable Product through our quote and order form process (as may be amended from time to time by us in our sole discretion), in each case at the time Reseller places an Order.

(k) “Order” means an order for the Products submitted by Reseller hereunder (with such Products to be resold by Reseller to a Customer) using our standard quote and order form process.

(l) “Personal Data” means, as applicable, “personal data” as defined under GDPR, “personal information” as defined under CCPA, or any other personal data or personal information protected by applicable laws and processed by a Party in connection with this Agreement.

(m) “Price Sheet” means the published list of Products that Reseller is eligible to purchase from Command Alkon. The Price Sheet may (i) include the List Price for a Product, discount parameters (e.g. maximum discount) that Reseller may offer to a Customer, and other pricing information, and (ii) be in either paper copy or in electronic format.

(n) “Privacy Notice” means our Privacy Notice, which is available at https://commandalkon.com/privacy-policy/.

(o) “Products” means our products and services that you are permitted to resell to Customers, as modified from time to time.

2. Reseller Rights, Limitations and Restrictions

(a) Limited Resale Right. Subject to all of the terms and conditions of this Agreement, during the Term, Command Alkon grants to Reseller a limited, non-exclusive, non-transferable, non-sublicensable right to market, resell and distribute the Products directly to Customers, for the Customer’s own use and pursuant to a Customer Agreement as further set forth in Section 3(b). All resales are subject to Reseller’s submission and Command Alkon’s acceptance of the applicable Order in accordance with Section 6.

(b) No Indirect Sales. Reseller may not resell the Products to Customers or third parties for further resale, redistribution, sharing or transfer. Reseller shall not resell any Products except pursuant to Orders directly with Command Alkon in accordance with this Agreement (e.g., Reseller may not resell Products purchased from other Command Alkon resellers).

(c) Other Limitations. Reseller has no right to rebrand, reframe, operate or control the Products without our prior express written consent. However, as to each Customer, Reseller will be solely responsible for ongoing account-related activities such as billing, collecting fees and refunds.

(d) License Restrictions. Reseller will not, and will not permit any third party to: (i) sell, provide access to, distribute or sublicense the Products to a third party except as expressly authorized in this Agreement; (ii) use the Products for Reseller’s own benefit or for the benefit of any competitors; (iii) use the Products to develop a similar or competing product or service; (iv) reverse engineer, decompile, disassemble or seek to access the source code or non-public APIs to the Products, except to the extent expressly authorized by us; (v) modify or create derivative works of the Products; or (vi) remove, obscure or modify in any way any proprietary or other notices or attributions in the Products.

(e) Non-Exclusivity; Affiliates. The rights granted to Reseller hereunder are non-exclusive and nothing under this Agreement will be deemed to prohibit Command Alkon from entering into any reseller, license, services or other agreement with any party anywhere in the world either during or after the Term. We may permit our Affiliates and subcontractors to exercise our rights and fulfill our obligations under this Agreement, but we shall remain responsible for our performance under this Agreement.

3. Reseller Conduct with Customers; Warranties

(a) Reseller Conduct. Reseller shall represent Command Alkon and the Products in a positive and professional manner. Reseller will not (i) disparage Command Alkon or any of the Products, (ii) represent itself as a Command Alkon agent or employee, (iii) engage in any misleading, deceptive, illegal, or unethical conduct in connection with its performance under this Agreement, or (iv) make any representations, guarantees, warranties or commitments regarding the Products that are in addition to or inconsistent with those in the product descriptions provided by Command Alkon. If Reseller breaches this Section 3(a), without limiting its other remedies, we may terminate this Agreement with ten (10) days’ prior written notice.

(b) Customer Agreements and Warranties. Each Customer’s access to and use of the Products will be subject to the applicable Customer Agreement between Customer and Command Alkon. Reseller is responsible for ensuring each Customer has completed a Customer Profile Form and will support Command Alkon to ensure that such Customer has entered into a Customer Agreement. Reseller will promptly deliver evidence of a completed Customer Profile Form prior to Command Alkon’s acceptance of an Order. Reseller shall immediately notify Command Alkon of any known or suspected breach of a Customer Agreement or other unauthorized use of the Products and shall reasonably cooperate with Command Alkon in the enforcement of the terms of each Customer Agreement. Any warranties by Command Alkon regarding the Products will be made directly to the Customer and set forth in the Customer Agreement. For clarity, Reseller has no authority to, and may not alter, remove or negotiate the terms of the Customer Agreement.

(c) Reseller Services. Unless Reseller is a certified Command Alkon installer, Reseller has no rights under this Agreement to provide training or other services to Customer in connection with the use of any Products (“Reseller Services”).

4. Reseller Access to Software Products

If Reseller receives access to software Products directly from a Customer (e.g., in Reseller’s capacity as a contractor of Customer), then Reseller’s access or use of any such Products on behalf of a Customer will remain subject to the applicable Customer Agreement between Command Alkon and such Customer, with Reseller as an “Authorized User” (or other applicable end user) of such Customer under such Customer Agreement. If Reseller purchases any Products for its own use, its use of such Products will be governed by the Customer Agreement between Reseller and Command Alkon and not this Agreement.

5. Ownership; Intellectual Property

(a) Ownership. Neither Party grants the other Party any rights or licenses not expressly set forth in this Agreement. The Products and all copies thereof are protected by copyright and other intellectual property laws. Command Alkon and its suppliers have and will retain all rights, title and interest in and to its intellectual property, the Products, any underlying software and all copies, improvements, updates, modifications and enhancements of the foregoing (including all patents, copyrights, trade secrets, trademarks, service marks, related goodwill and confidential and proprietary information), and Reseller does not acquire any rights of ownership in any of the foregoing.

6. Orders; Payment

(a) Orders. To resell any Product and prior to committing to provide any Product to a Customer, Reseller must place an Order with Command Alkon specifying the Products that Reseller will resell, the applicable Customer and a completed Customer Profile Form in accordance with Section 3(b). No Order will be binding until accepted by Command Alkon in its sole discretion in writing. Any Order placed by Reseller must correspond to an applicable order form by Customer for the Products. Any additional or different terms in Reseller’s order form with the Customer will not be binding upon Command Alkon and Reseller will be solely liable for any claims arising from such terms in Reseller’s order form. Accepted Orders are non-cancellable by Reseller, except to the extent otherwise set forth herein or in an Order. Command Alkon may collect and use certain data and information in connection with Reseller’s placement of an Order in accordance with the Privacy Notice.

(b) Price and Payment. Each Order will set forth the Products and the List Price. Reseller will timely pay all amounts due under the Order and this Agreement in U.S. Dollars unless Command Alkon designates another currency in the Order.

(c) Customer Pricing; Collections. Command Alkon will provide to Reseller the List Price for a Product in any of the following: (i) the Price Sheet, (ii) a written price list of the Products, or (iii) price change notices issued by Command Alkon from time to time or other prices as may be set forth in an Order. Subject to any discount limits in the Price Sheet, Reseller may independently determine the pricing at which it offers the Products to Customers. Reseller will be solely responsible for collecting all fees payable to Reseller from Customers. Non-payment by Customers will not relieve Reseller of its obligation to pay fees to Command Alkon. Command Alkon reserves the right to cancel or suspend provision of the Products with respect to any Customer if it fails to receive payment from Reseller with respect to such Customer.

(d) Delivery. We will deliver any purchased Products and/or any license keys, access keys or login or other instructions for access to such purchased Products directly to the Customer contact specified in Reseller’s Order in accordance with our standard delivery procedures. Reseller acknowledges that Command Alkon will not ship any Products directly to a Customer without a signed Customer Agreement.

(e) Taxes. Amounts payable by Reseller under this Agreement for Products exclude any taxes or duties payable in respect of the Products in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by Command Alkon, Reseller must pay to Command Alkon the amount of such taxes or duties in addition to any amounts owed under this Agreement for the Products at the time of the Order. Notwithstanding the foregoing, Reseller may have obtained an exemption from relevant taxes or duties as of the time such taxes or duties are levied or assessed. In such event, Reseller may provide to Command Alkon any such exemption information, and Command Alkon will use reasonable efforts to provide such invoicing documents as may enable Reseller to obtain a refund or credit for the amount so paid by Command Alkon from any relevant revenue authority, if such a refund or credit is available. However, Command Alkon will have no refund or credit obligation itself under this Section.

(f) Records and Audit. Reseller will maintain complete, clear and accurate records of its transactions and performance under this Agreement, including evidence of each Customer’s entry into the Customer Agreement. Upon at least ten (10) days’ advance written notice, Reseller will permit Command Alkon or its representative to audit Reseller’s records during normal business hours to ensure Reseller’s compliance with this Agreement. Reseller will maintain all records required under this Agreement for at least three (3) years following the expiration or termination of the Agreement.

(g) Refunds; Service Credits. If a Customer exercises its right under the applicable Customer Agreement to terminate an order pursuant to Command Alkon’s return policy or to seek a refund or service credit, Reseller will promptly notify Command Alkon and provide Command Alkon with evidence of the Customer’s request. Command Alkon may, in its sole discretion: (i) issue the appropriate refund or service credit directly to the Customer in lieu of a refund or service credit to Reseller or (ii) issue the refund or service credit to Reseller, which refund or service credit Reseller will promptly revert to the Customer. Other than as set forth in this Section 6(g), Command Alkon will not issue any refunds or service credits to Reseller under this Agreement.

7. Warranties; Indemnification

(a) Warranties. Reseller represents and warrants that (i) it has the legal power and authority to enter into and perform its obligations under this Agreement, (ii) its execution and performance of this Agreement will not violate any other agreement to which it is a party, and (iii) it will comply with all laws applicable to its business in connection with its performance under this Agreement, including Data Protection Laws, import and export compliance laws and regulations and Anti-Corruption Laws, and will not give, offer or promise any item of value to any official, person or entity in violation of Anti-Corruption Laws.

(b) PRODUCT DISCLAIMER. THE PRODUCTS, ANY SUPPORT AND ALL OTHER SERVICES ARE PROVIDED HEREUNDER “AS IS”. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY NOR ANY OF ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

(c) Indemnification by Reseller. Reseller will defend, indemnify and hold harmless Command Alkon and its officers, directors, employees, representatives and agents from and against any third-party claim brought against such Command Alkon parties, and any resulting losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees), to the extent arising from or relating to: (i) your breach or alleged breach of this Agreement or Reseller’s conduct in connection with resale or marketing of the Products, (ii) your issuance of any warranty or representation regarding Command Alkon or the Products not specified in the Customer Agreement, or (iii) your breach of Section 3(c) (Reseller Services). Reseller’s obligations in this Section 7(c) are subject to receiving (1) prompt written notice of the claim, (2) the exclusive right to control and direct the investigation, defense and settlement of the claim and (3) all reasonably necessary cooperation of the indemnified Party, at the indemnifying Party’s expense for reasonable out-of-pocket costs. The indemnifying Party may not settle a claim without the indemnified Party’s prior written consent (not to be unreasonably withheld, conditioned or delayed) if the settlement would require the indemnified Party to admit fault or take or refrain from taking any action. The indemnified Party may participate in the defense of any claim with its own counsel at its own expense.

8. LIMITATION OF LIABILITY

EXCEPT FOR EXCLUDED CLAIMS (DEFINED IN SECTION 1 ABOVE), NEITHER PARTY (NOR ITS SUPPLIERS OR AFFILIATES) WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. EXCEPT FOR EXCLUDED CLAIMS, COMMAND ALKON’S (AND ITS SUPPLIERS’ AND AFFILIATES’) AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY RESELLER TO COMMAND ALKON WITH RESPECT TO THE ORDER THAT IS THE SUBJECT OF THIS AGREEMENT. THE PARTIES AGREE THAT THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 8 APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9. Confidential Information

(a) Obligations. As a receiving Party, each Party will (i) hold the disclosing Party’s Confidential Information in confidence and not disclose such Confidential Information to third parties except as permitted in this Agreement and (ii) only use such Confidential Information to fulfill its obligations and exercise its rights in this Agreement. The receiving Party may disclose the disclosing Party’s Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided it remains responsible for their compliance with this Section 9 and they are bound to confidentiality obligations no less protective than this Section 9.

(b) Exclusions. These confidentiality obligations do not apply to information that the receiving Party can document (i) is or becomes public knowledge through no fault of the receiving Party, (ii) it rightfully knew or possessed prior to receipt under this Agreement, (iii) it rightfully received from a third party without breach of confidentiality obligations, or (iv) it independently developed without using the disclosing Party’s Confidential Information. The receiving Party may disclose the disclosing Party’s Confidential Information if required by law, subpoena or court order, provided, if permitted by law, it notifies the disclosing Party in advance.

(c) Remedies. Unauthorized use or disclosure of Confidential Information may cause substantial harm for which damages alone are an insufficient remedy. Each Party may seek appropriate equitable relief, in addition to other available remedies, for breach or threatened breach of this Section 9.

10. Term; Termination

(a) Term. This Agreement is effective as of the Effective Date and continues for an initial term of 12 months and will renew for successive 12-month periods to the extent there is an active Order, unless either Party gives the other Party notice of non-renewal at least 30 days before the current term ends (the “Term”). Except as otherwise set forth in an Order, Command Alkon may directly renew any maintenance or support services for the Products directly with the Customer after the initial term.

(b) Termination. Either Party may terminate this Agreement for no reason or any reason upon 30 days’ prior written notice to the other Party. Either Party may also terminate this Agreement or an applicable Order if the other Party fails to cure a material breach of this Agreement within 15 days after notice of such breach. Upon notice, Command Alkon may suspend Reseller’s participation as a reseller for breach of this Agreement or may terminate this Agreement if Command Alkon determines that termination is necessary to comply with laws or to avoid liability or harm to its services, reputation, Customers or users. Except where an exclusive remedy may be specified in this Agreement, termination is not an exclusive remedy, and the exercise by either Party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law or otherwise.

(c) Consequences of Termination. Upon any expiration or termination of this Agreement, Reseller will (i) cease to be an authorized reseller of the Products, (ii) immediately cease all advertising, marketing and other resale activities with respect to the Products, (iii) cease use of the Products, materials or other resources provided by Command Alkon to the extent permitted under the Agreement, and (iv) pay Command Alkon the amounts, if any, which come due under any Order accepted prior to the date of termination as such amounts come due. In addition, upon any expiration or termination of this Agreement, each Party will return or destroy (at the other Party’s option) any Confidential Information of the other Party in its possession or control, provided that each Party may maintain reasonable copies to the extent required by applicable law or for archiving purposes in accordance with its record retention policies.

(d) Customer Agreements. Any Customer licenses or subscriptions granted prior to the termination of the Agreement will survive in accordance with the terms of the applicable Customer Agreement, provided that in no event may such licenses be extended or renewed without the prior written consent of Command Alkon. The Parties agree to continue cooperating to carry out an orderly termination of their relationship, and to the extent a Customer desires to purchase Products (including renewals and ticket tiers) following termination of the Agreement, Reseller will refer the Customer to Command Alkon and fully cooperate with Command Alkon in connection therewith. Command Alkon will have no liability to Reseller of any type arising from termination of this Agreement in accordance with its terms. To the extent a Customer notifies Reseller or Command Alkon that it wishes to terminate an order with Reseller prior to the term thereof as set forth in such order with Reseller in accordance with the Customer’s terms with the Reseller, and purchase Products through Command Alkon or another approved reseller, then Reseller shall reasonably cooperate with Command Alkon in transferring applicable access or other requisite rights thereto.

(e) Survival. Sections 1 (Definitions), 2 (Reseller Rights), 3(c) (Reseller Services), 5 (Ownership), 6(b) (Price and Payment), 3(e) (Taxes), 6(f) (Records and Audit), 6(g) (Customer Refunds and Service Credits), 7 (Warranties and Indemnification), 8 (Limitation of Liability), 9 (Confidential Information), 10 (Term and Termination), 11 (Dispute Resolution) and 12 (General Provisions) will survive any termination of this Agreement.

11. Dispute Resolution

(a) Governing Law. This Agreement is governed by the laws of the State of Delaware and the United States without regard to conflicts of laws provisions and without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act (UCITA). The jurisdiction and venue for actions related to this Agreement will be in the State of Delaware, and both parties submit to the personal jurisdiction of those courts. Each party hereby irrevocably waives, to the fullest extent permitted by law, any and all right to trial by jury in any legal proceeding arising out of or relating to the Agreement.

(b) Injunctive Relief. Notwithstanding Section 11(a), nothing in this Agreement will prevent either Party from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.

12. General Provisions

(a) Compliance. Reseller shall comply with all applicable laws governing the resale of the Products, including United States and foreign export and import laws. Without limiting the foregoing, (i) Reseller represents and warrants that it is not, and that it will not market or resell the Products to any party that is listed on any U.S. government list of prohibited or restricted parties or located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) Reseller will not and will not knowingly or negligently permit access or use of the Products in violation of any U.S. export embargo, prohibition or restriction, including any set forth in the U.S. International Traffic in Arms Regulations.

(b) Modifications. We may update this Agreement from time-to-time in our sole discretion by posting the updated terms to this site or a successor site. The version of this Agreement in place at the time each Order is submitted is the version that will govern such Order. Except as provided in this Section 12(b), all changes or amendments to this Agreement require the written agreement of you and Command Alkon.

(c) Notices. Except as otherwise set out in this Agreement, please direct your communications concerning this Agreement to legal@commandalkon.com. We may send you notices to your email address that is on file with us, which you have provided when placing an Order.

(d) Force Majeure. Neither Party will be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) due to events beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, Internet or utility failures, refusal of government license, pandemic or natural disaster.

(e) Assignment. Neither Party may assign or transfer this Agreement without the other Party’s prior written consent; provided, however, either Party may assign this Agreement in its entirety to an Affiliate, or to its successor resulting from a merger, acquisition or sale of all or substantially all of its assets or voting securities, provided that the assignee is financially and technically able to, and agrees in writing to, assume all of assignor’s obligations under this Agreement. Any attempt to transfer or assign this Agreement except as expressly authorized above will be null and void. Subject to the foregoing, this Agreement will inure to the Parties’ permitted successors and assigns.

(f) Entire Agreement. This Agreement constitutes the entire, complete and exclusive agreement between the Parties and supersedes all previous agreements or representations, oral or written, relating to the subject matter hereof. In the event of conflict or inconsistency between any such terms and conditions, the following order of precedence will apply: (i) the Order, (ii) this Agreement, and (iii) any other terms or documentation attached hereto or referenced herein. Except for an Order executed by us, no purchase order or ordering document which purports to modify or supplement this Agreement will add to or vary the terms of this Agreement.

(g) No Waiver; Severability. No failure or delay by the injured Party to this Agreement in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity. Waivers must be signed by the waiving Party’s authorized representative and cannot be implied from conduct. If any provision of this Agreement is held invalid, illegal or unenforceable, it will be limited to the minimum extent necessary so the rest of this Agreement remains in effect.

(h) Interpretation. As used herein, “including” (and its variants) means “including without limitation” (and its variants), and “hereunder” refers to this Agreement in its entirety. Headings are for convenience only. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions will continue in full force and effect.

(i) Independent Contractors. The Parties are independent contractors. This Agreement will not be construed as constituting either Party as a partner of the other or give either Party the express or implied right, power or authority to create any duty or obligation of the other Party.

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