Common use of Additional Requirements Clause in Contracts

Additional Requirements. 9.1 Red Hat reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Red Hat Products and Services (including rights under any trademarks, copyrights, patents or other intellectual property of Red Hat). Partner will not use Red Hat Products or Services to create an offering competitive with Red Hat, directly or indirectly, or, unless specifically permitted in this Agreement, for the benefit of any other person or entity or permit any third party to make such use. If Red Hat determines that any of the Red Hat Products or Services is being used (in whole or in part) by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Services to third parties outside of the scope of a Program or (c) create revenue without payment of fees to Red Hat for Red Hat Products or Services, Red Hat may immediately suspend performance and/or terminate this Agreement and any Program, and reserves its rights to exercise any and all legal and equitable remedies available to it. 9.2 For each Red Hat Product (or Partner product that incorporates a Red Hat Product or Service, in whole or in part) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Red Hat Product with respect to such conditions as the term (1 or 3 years) and support level. For example, if the End User purchases a one year 24x7 support level Red Hat Enterprise Linux product from Partner, Partner shall purchase a one year Premium (24x7) Red Hat Product from Red Hat. Similarly, Partner is only authorized to resell the complete Red Hat Product it purchased and is not permitted to decouple the Red Hat Product or sell it in parts. For example, Partner will not purchase a one year Red Hat Product from Red Hat and then break it into multiple shorter increments of time for resale. Partner will work with Red Hat to ensure that its resale of Red Hat Products to End Users is consistent with the terms for the Red Hat Products purchased. 9.3 Without limiting the generality of Sections 9.1 or 9.2 above, Partner agrees: (i) not to modify the Red Hat Products or Services in any manner unless agreed to by Red Hat in writing and (ii) not to use or resell the Red Hat Products or Services in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory rule of law. For certain Programs and only during the term of the Program, Red Hat may provide Partner with access to non-production, evaluation, development kits and/or not for resale (aka “NFR”) Red Hat Products for the sole purpose of testing and/or supporting its partners and/or End Users on issues related to Partner’s rights and obligations hereunder. Should Partner resell or use its access to such Red Hat Products for Partner’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Red Hat Product(s) under Red Hat’s standard terms for such resale and/or use, and to pay the applicable fee for all periods. This Agreement establishes the rights and obligations associated with Red Hat’s Programs, Products and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license.

Additional Requirements. 9.1 Red Hat reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Red Hat Products and Services (including rights under any trademarks, copyrights, patents or other intellectual property of Red Hat). While this Agreement is subsisting and for the period of six (6) months following termination of this Agreement, and in the Territory indicated in this Agreement, Partner will agrees not to use Red Hat Products or Services to create an offering competitive with Red Hat, directly or indirectly, or, unless specifically permitted in this Agreement, for the benefit of any other person or entity or permit any third party to make such use. If Red Hat determines that any of the Red Hat Products or Services is being used (in whole or in part) by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Services to third parties outside of the scope of a Program or (c) create revenue without payment of fees to Red Hat for Red Hat Products or Services, Red Hat may immediately suspend performance and/or terminate this Agreement and any Program, and reserves its rights to exercise any and all legal and equitable remedies available to it. 9.2 For each Red Hat Product (or Partner product that incorporates a Red Hat Product or Service, in whole or in part) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Red Hat Product with respect to such conditions as the term (1 or 3 years) and support level. For example, if the End User purchases a one year 24x7 support level Red Hat Enterprise Linux product from Partner, Partner shall purchase a one year Premium (24x7) Red Hat Product from Red Hat. Similarly, Partner is only authorized to resell the complete Red Hat Product it purchased and is not permitted to decouple the Red Hat Product or sell it in parts. For example, Partner will not purchase a one year Red Hat Product from Red Hat and then break it into multiple shorter increments of time for resale. Partner will work with Red Hat to ensure that its resale of Red Hat Products to End Users is consistent with the terms for the Red Hat Products purchased. 9.3 Without limiting the generality of Sections 9.1 or 9.2 above, Partner agrees: (i) not to modify the Red Hat Products or Services in any manner unless agreed to by Red Hat in writing and (ii) not to use or resell the Red Hat Products or Services in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory rule of law. For certain Programs and only during the term of the Program, Red Hat may provide Partner with access to non-production, evaluation, development kits and/or not for resale (aka “NFR”) Red Hat Products for the sole purpose of testing and/or supporting its partners and/or End Users on issues related to Partner’s rights and obligations hereunder. Should Partner resell or use its access to such Red Hat Products for Partner’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Red Hat Product(s) under Red Hat’s standard terms for such resale and/or use, and to pay the applicable fee for all periods. This Agreement establishes the rights and obligations associated with Red Hat’s Programs, Products and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license.

Additional Requirements. 9.1 Red Hat reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Red Hat Products and Services (including rights under any trademarks, copyrights, patents or other intellectual property of Red Hat). Partner will not use Red Hat Products or Services to create an offering competitive with Red Hat, directly or indirectly, or, unless specifically permitted in this Agreement, for the benefit of any other person or entity or permit any third party to make such use. If Red Hat determines that any of the Red Hat Products or Services is being used (in whole or in part) by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Services to third parties outside of the scope of a Program or (c) create revenue without payment of fees to Red Hat for Red Hat Products or Services, Red Hat may immediately suspend performance and/or terminate this Agreement and any Program, and reserves its rights to exercise any and all legal and equitable remedies available to it. 9.2 For each Red Hat Product (or Partner product that incorporates a Red Hat Product or Service, in whole or in part) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Red Hat Product with respect to such conditions as the term (1 or 3 years) and support level. For example, if the End User purchases a one year 24x7 support level Red Hat Enterprise Linux product from Partner, Partner shall purchase a one year Premium (24x7) Red Hat Product from Red Hat. Similarly, Partner is only authorized to resell the complete Red Hat Product it purchased and is not permitted to decouple the Red Hat Product or sell it in parts. For example, Partner will not purchase a one year Red Hat Product from Red Hat and then break it into multiple shorter increments of time for resale. Partner will work with Red Hat to ensure that its resale of Red Hat Products to End Users is consistent with the terms for the Red Hat Products purchased. 9.3 Without limiting the generality of Sections 9.1 or 9.2 above, Partner agrees: (i) not to modify the Red Hat Products or Services in any manner unless agreed to by Red Hat in writing and (ii) not to use or resell the Red Hat Products or Services in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory rule of law. For certain Programs and only during the term of the Program, Red Hat may provide Partner with access to non-production, evaluation, development kits and/or not for resale (aka “NFR”) Red Hat Products for the sole purpose of testing and/or supporting its partners and/or End Users on issues related to Partner’s rights and obligations hereunder. Should Partner resell or use its access to such Red Hat Products for Partner’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Red Hat Product(s) under Red Hat’s standard terms for such resale and/or use, and to pay the applicable fee for all periods. This Agreement establishes the rights and obligations associated with Red Hat’s Programs, Products and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license.

Additional Requirements. 9.1 Red Hat Ansible reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Red Hat Products and Ansible Services (including rights under any trademarks, copyrights, patents patents, or other intellectual property of Red HatAnsible). Partner Reseller will not use Red Hat Products or the Ansible Services to create an offering competitive with Red HatAnsible, directly or indirectly, or, unless specifically permitted in this Agreement, or for the benefit of any other person or entity or permit any third party to make such useutilization, unless specifically agreed to in this Agreement. If Red Hat Ansible determines that any of the Red Hat Products or Ansible Services is are being used (in whole or in part) by Partner Reseller in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Ansible Services to third parties outside of the scope of a Program this Agreement or (c) create revenue without payment of fees to Red Hat Ansible for Red Hat Products or Ansible Services, Red Hat Ansible may immediately suspend performance and/or terminate this Agreement and any Programthe Agreement, and reserves its rights to exercise any and all legal and equitable remedies available to itit under this Agreement or otherwise. 9.2 For each Red Hat Product (or Partner product that incorporates a Red Hat Product or Service, in whole or in part) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Red Hat Product with respect to such conditions as the term (1 or 3 years) and support level. For example, if the End User purchases a one year 24x7 support level Red Hat Enterprise Linux product from Partner, Partner shall purchase a one year Premium (24x7) Red Hat Product from Red Hat. Similarly, Partner Reseller is only authorized hereunder to resell the a complete Red Hat Product it purchased Software Subscription or Service and is not permitted to decouple the Red Hat Product Tower Subscription or Service (as set forth in Appendix 1-3) or sell it in parts. For example, Partner Reseller will not purchase a one 1 year Red Hat Product from Red Hat Tower Subscription for Enterprise Tower and then break it down into multiple shorter monthly or hourly increments of time for resaleresale to the End User. Partner Reseller will work with Red Hat Ansible to ensure that its resale of Red Hat Products the Ansible Services to End Users is consistent with the terms for guidelines of the Red Hat Products Ansible Services purchased. 9.3 Without limiting the generality of Sections Section 9.1 or 9.2 above, Partner Reseller agrees: (i) not to modify the Red Hat Products or Ansible Services in any manner unless agreed to by Red Hat in writing manner; and (ii) not to use or resell the Red Hat Products or Ansible Services in any manner or for any purpose not permitted by this Agreement, including, without limitation, for PartnerReseller's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix herein or by any applicable mandatory rule of law. For certain Programs and only during Should Reseller desire to use the term of the Program, Red Hat may provide Partner with access to non-production, evaluation, development kits and/or not Ansible Services for resale (aka “NFR”) Red Hat Products for the sole purpose of testing and/or supporting its partners and/or End Users on issues related to Partner’s rights and obligations hereunder. Should Partner resell or use its access to such Red Hat Products for PartnerReseller’s own internal or production use other than as expressly permitted in the applicable Program Appendixherein, Partner Reseller agrees to purchase the appropriate Red Hat Product(sAnsible Services(s) under Red HatAnsible’s standard terms for such resale and/or internal use, and to pay the applicable fee for all periods. This Agreement establishes the rights and obligations associated with Red Hat’s Programs, Products and Services, and is not intended to limit Partner’s rights to software code under the terms periods of an open source licenseuse.

Additional Requirements. 9.1 Red Hat reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Red Hat Products and Services (including rights under any trademarks, copyrights, patents patents, or other intellectual property of Red Hat). Partner will not use Red Hat Products or Services to create an offering competitive with Red Hat, directly or indirectly, or, unless specifically permitted in this Agreement, for the benefit of any other person or entity or permit any third party to make such use. If Red Hat determines that any of the Red Hat Products or Services is being used (in whole or in part) by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Services to third parties outside of the scope of a Program or (c) create revenue without payment of fees to Red Hat for Red Hat Products or Services, Red Hat may immediately suspend performance and/or terminate this Agreement and any Program, and reserves its rights to exercise any and all legal and equitable remedies available to it.Red 9.2 For each Red Hat Product (or Partner product that incorporates a Red Hat Product or Service, in whole or in partSoftware) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Red Hat Product with respect to such conditions as the term (1 or 3 years) and support level. For example, if the End User purchases a one year 24x7 support level Red Hat Enterprise Linux product from Partner, Partner shall purchase a one year Premium (24x7) Red Hat Product from Red Hat. Similarly, Partner is only authorized hereunder to resell the complete Red Hat Product it purchased and is not permitted to decouple the Red Hat Product or sell it in parts. For example, Partner will not purchase a one 1 year Red Hat Product from Red Hat and then break it down into multiple shorter monthly or hourly increments of time for resaleresale to the End User. Partner will work with Red Hat to ensure that its resale of the Red Hat Products Product to End Users is consistent with the terms for guidelines of the Red Hat Products purchased. 9.3 Without limiting the generality of Sections Section 9.1 or 9.2 above, Partner agrees: (i) not to modify the Red Hat Products or Services in any manner unless agreed to by Red Hat in writing manner; and (ii) not to use or resell the Red Hat Products or Services in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory rule of law. For certain Programs and only during the term of the Program, Red Hat may provide Partner with access to non-production, evaluation, development kits and/or not for resale (aka “NFR”) Red Hat Products for the sole purpose of testing and/or supporting its partners and/or End Users on issues related to Partner’s rights and obligations hereunder. Should Partner resell or desire to use its access to such the Red Hat Products for Partner’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Red Hat Product(s) under Red Hat’s standard terms for such resale and/or internal use, and to pay the applicable fee for all periodsperiods of use. This Agreement establishes the rights and obligations associated with Red Hat’s Programs, Products and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license.

Additional Requirements. 9.1 Red Hat reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Red Hat Products and Services (including rights under any trademarks, copyrights, patents patents, or other intellectual property of Red Hat). Partner will not use the Red Hat Products or Services to create an offering competitive with Red Hat, directly or indirectly, or, unless specifically permitted in this Agreement, or for the benefit of any other person or entity or permit any third party to make such useutilization, unless specifically agreed to in this Agreement. If Red Hat determines that any of the Services or Red Hat Products or Services is are being used (in whole or in part) by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Services to third parties outside of the scope of a Program or (c) create revenue without payment of fees to Red Hat for Red Hat Products or Services, Red Hat may immediately suspend performance and/or terminate this the Agreement and any Program, and reserves its rights to exercise any and all legal and equitable remedies available to itit under this Agreement or otherwise. 9.2 For each Red Hat Product (or Partner product that incorporates a Red Hat Product or Service, in whole or in partSoftware) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Red Hat Product with respect to such conditions as the term (1 or 3 years) and support level. For example, if the End User purchases a one year 24x7 support level Red Hat Enterprise Linux product from Partner, Partner shall purchase a one year Premium (24x7) Red Hat Product from Red Hat. Similarly, Partner is only authorized hereunder to resell the complete Red Hat Product it purchased and is not permitted to decouple the Red Hat Product or sell it in parts. For example, Partner will not purchase a one 1 year Red Hat Product from Red Hat and then break it down into multiple shorter monthly or hourly increments of time for resaleresale to the End User. Partner will work with Red Hat to ensure that its resale of the Red Hat Products Product to End Users is consistent with the terms for guidelines of the Red Hat Products purchased. 9.3 Without limiting the generality of Sections Section 9.1 or 9.2 above, Partner agrees: (i) not to modify the Red Hat Products or Services in any manner unless agreed to by Red Hat in writing manner; and (ii) not to use or resell the Red Hat Products or Services in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory rule of law. For certain Programs and only during the term of the Program, Red Hat may provide Partner with access to non-production, evaluation, development kits and/or not for resale (aka “NFR”) Red Hat Products for the sole purpose of testing and/or supporting its partners and/or End Users on issues related to Partner’s rights and obligations hereunder. Should Partner resell or desire to use its access to such the Red Hat Products for Partner’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Red Hat Product(s) under Red Hat’s standard terms for such resale and/or internal use, and to pay the applicable fee for all periodsperiods of use. This Agreement establishes the rights and obligations associated with Red Hat’s Programs, Products and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license.

Additional Requirements. 9.1 Red Hat reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Red Hat Products and Services (including rights under any trademarks, copyrights, patents or other intellectual property of Red Hat). While this Agreement is subsisting and for the period of six (6) months following termination of this Agreement, and in the Territory indicated in this Agreement, Partner will agrees not to use Red Hat Products or Services to create an offering competitive with Red Hat, directly or indirectly, or, unless specifically permitted in this Agreement, for the benefit of any other person or entity or permit any third party to make such use. If Red Hat determines that any of the Red Hat Products or Services is being used (in whole or in part) by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Services to third parties outside of the scope of a Program or (c) create revenue without payment of fees to Red Hat for Red Hat Products or Services, Red Hat may immediately suspend performance and/or terminate this Agreement and any Program, and reserves its rights to exercise any and all legal and equitable remedies available to it. 9.2 For each Red Hat Product (or Partner product that incorporates a Red Hat Product or Service, in whole or in part) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Red Hat Product with respect to such conditions as the term (1 or 3 years) and support level. For example, if the End User purchases a one year 24x7 support level Red Hat Enterprise Linux product from Partner, Partner shall purchase a one year Premium (24x7) Red Hat Product from Red Hat. Similarly, Partner is only authorized to resell the complete Red Hat Product it purchased and is not permitted to decouple the Red Hat Product or sell it in parts. For example, Partner will not purchase a one year Red Hat Product from Red Hat and then break it into multiple shorter increments of time for resale. Partner will work with Red Hat to ensure that its resale of Red Hat Products to End Users is consistent with the terms for the Red Hat Products purchased. 9.3 Without limiting the generality of Sections 9.1 or 9.2 above, Partner agrees: (i) not to modify the Red Hat Products or Services in any manner unless agreed to by Red Hat in writing and (ii) not to use or resell the Red Hat Products or Services in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory rule of law. For certain Programs and only during the term of the Program, Red Hat may provide Partner with access to non-production, evaluation, development kits and/or not for resale (aka “NFR”) Red Hat Products for the sole purpose of testing and/or supporting its partners and/or End Users on issues related to PartnerPartner ’s rights and obligations hereunder. Should Partner resell or use its access to such Red Hat Products for PartnerPartner ’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Red Hat Product(s) under Red Hat’s standard terms for such resale and/or use, and to pay the applicable fee for all periods. This Agreement establishes the rights ri ghts and obligations associated with Red Hat’s Programs, Products and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license.

Additional Requirements. 9.1 Red Hat reserves all rights not expressly granted in this Agreement and Agreement, including all rights not expressly granted to in respect of the Red Hat Products and Services (including rights under any trademarks, copyrights, patents patents, or other intellectual property of Red Hat). Partner will not use the Red Hat Products or Services to create an offering competitive with Red Hat, Red Hat Inc. or any Affiliate of Red Hat, directly or indirectly, or, unless specifically permitted in this Agreement, or for the benefit of any other person or entity or permit any third party to make such useutilization, unless specifically agreed to in this Agreement. If Red Hat determines that any of the Red Hat Products or Services is are being used (in whole or in part) by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Red Hat Products or Services to third parties outside of the scope of a Program or (c) create revenue without payment of fees to Red Hat for Red Hat Products or Services, Red Hat may immediately suspend performance and/or terminate this the Agreement and any Program, and reserves its rights to exercise any and all legal and equitable remedies available to itit under this Agreement or otherwise. 9.2 For each Red Hat Product (or Partner product that incorporates a Red Hat Product or Service, in whole or in partSoftware) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Red Hat Product Product, with respect to such conditions as the term (1 or 3 years) and support level, from Red Hat. For example, if the End User purchases a one year 24x7 support level Red Hat Enterprise Linux product from Partner, Partner shall purchase a one year Premium (24x7) Red Hat Product from Red Hat. Similarly, Partner is only authorized hereunder to resell the complete Red Hat Product it purchased and is not permitted to decouple the Red Hat Product or sell it in parts. For example, Partner will not purchase a one 1 year Red Hat Product from Red Hat and then break it down into multiple shorter monthly or hourly increments of time for resaleresale to the End User. Partner will work with Red Hat to ensure that its resale of the Red Hat Products Product to End Users is consistent with the terms for guidelines of the Red Hat Products purchased. 9.3 Without limiting the generality of Sections Section 9.1 or and/or 9.2 above, Partner agrees: (i) not to modify the Red Hat Products or Services in any manner unless agreed to by Red Hat in writing and (ii) not to use or resell the Red Hat Products or Services in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory rule of law. For certain Programs and only during the term of the Program, Red Hat may provide Partner with access to non-production, evaluation, development kits and/or not for resale (aka “NFR”) Red Hat Products for the sole purpose of testing and/or supporting its partners and/or End Users on issues related to Partner’s rights and obligations hereunder. Should Partner resell or use its access to such Red Hat Products for Partner’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Red Hat Product(s) under Red Hat’s standard terms for such resale and/or use, and to pay the applicable fee for all periods. This Agreement establishes the rights and obligations associated with Red Hat’s Programs, Products and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license.manner; and

Additional Requirements. 9.1 Red Hat reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Red Hat Products and Services (including rights under any trademarks, copyrights, patents or other intellectual property of Red Hat). While this Agreement is subsisting and for the period of six (6) months following termination of this Agreement, and in the Territory indicated in this Agreement, Partner will agrees not to use Red Hat Products or Services to create an offering competitive with Red Hat, directly or indirectly, or, unless specifically permitted in this Agreement, for the benefit of any other person or entity or permit any third party to make such use. If Red Hat determines that any of the Red Hat Products or Services is being used (in whole or in part) by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Services to third parties outside of the scope of a Program or (c) create revenue without payment of fees to Red Hat for Red Hat Products or Services, Red Hat may immediately suspend performance and/or terminate this Agreement and any Program, and reserves its rights to exercise any and all legal and equitable remedies available to it. 9.2 For each Red Hat Product (or Partner product that incorporates a Red Hat Product or Service, in whole or in part) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Red Hat Product with respect to such conditions as the term (1 or 3 years) and support level. For example, if the End User purchases a one year 24x7 support level Red Hat Enterprise Linux product from Partner, Partner shall purchase a one year Premium (24x7) Red Hat Product from Red Hat. Similarly, Partner is only authorized to resell the complete Red Hat Product it purchased and is not permitted to decouple the Red Hat Product or sell it in parts. For example, Partner will not purchase a one year Red Hat Product from Red Hat and then break it into multiple shorter increments of time for resale. Partner P artner will work with Red Hat to ensure that its resale of Red Hat Products to End Users is consistent with the terms for the Red Hat Products purchased. 9.3 Without limiting the generality of Sections 9.1 or 9.2 above, Partner agrees: (i) not to modify the Red Hat Products or Services in any manner unless agreed to by Red Hat in writing and (ii) not to use or resell the Red Hat Products or Services in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory rule of law. For certain Programs and only during the term of the Program, Red Hat may provide Partner with access to non-production, evaluation, development kits and/or not for resale (aka “NFR”) Red Hat Products for the sole purpose of testing and/or supporting its partners and/or End Users on issues related to PartnerPartner ’s rights and obligations hereunder. Should Partner resell or use its access to such Red Hat Products for Partner’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Red Hat Product(s) under Red Hat’s standard terms for such resale and/or use, and to pay the applicable fee for all periods. This Agreement establishes the rights and obligations associated with Red Hat’s Programs, Products and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license.

Additional Requirements. 9.1 Red Hat reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Red Hat Products and Services (including rights under any trademarks, copyrights, patents or other intellectual property of Red Hat). Partner will not use Red Hat Products or Services to create an offering competitive with Red Hat, directly or indirectly, or, unless specifically permitted in this Agreement, for the benefit of any other person or entity or permit any third party to make such use. If Red Hat determines that any of the Red Hat Products or Services is being used (in whole or in part) by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Services to third parties outside of the scope of a Program or (c) create revenue without payment of fees to Red Hat for Red Hat Products or Services, Red Hat may immediately suspend performance and/or terminate this Agreement and any Program, and reserves its rights to exercise any and all legal and equitable remedies available to it. 9.2 5.5.1 For each Red Hat Rancher Product (or Partner product that incorporates a Red Hat Rancher Product or Service, in whole or in part) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Red Hat Rancher Product with respect to such conditions as at the term (1 or 3 years) and support level. For example, if the End User purchases a one one-year 24x7 support level Red Hat Enterprise Linux Rancher product from Partner, Partner shall purchase a one one-year Premium (24x7) Red Hat Rancher Product from Red HatRancher. Similarly, Partner is only authorized to resell the complete Red Hat Rancher Product it purchased and is not permitted to decouple the Red Hat Rancher Product or sell it in parts. For example, Partner will not purchase a one one-year Red Hat Rancher Product from Red Hat Rancher and then break it into multiple shorter increments of time for resale. Partner will work with Red Hat Rancher to ensure that its resale of Red Hat Rancher Products to End Users is consistent with the terms for the Red Hat Rancher Products purchased. 9.3 5.5.2 Without limiting the generality of Sections 9.1 5.5.1 or 9.2 above6.4, Partner agrees: (i) not to modify the Red Hat Rancher Products or Services in any manner unless agreed to by Red Hat Rancher in writing and (ii) not to use or resell the Red Hat Rancher Products or Services in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory rule of law. For certain Programs and only during the term of the Program, Red Hat Rancher may provide Partner with access to non-production, evaluation, development kits and/or not for resale (aka “NFR”) Red Hat Rancher Products for the sole purpose of testing and/or supporting its partners and/or End Users on issues related to Partner’s rights and obligations hereunder. Should Partner resell or use its access to such Red Hat Rancher Products for Partner’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Red Hat Rancher Product(s) under Red HatRancher’s standard terms for such resale and/or use, and to pay the applicable fee for all periods. This Agreement establishes the rights and obligations associated with Red HatRancher’s Programs, Products and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license.

Additional Requirements. 9.1 Red Hat reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Red Hat Products and Services (including rights under any trademarks, copyrights, patents or other intellectual property of Red Hat). While this Agreement is subsisting and for the period of six (6) months following termination of this Agreement, and in the Territory indicated in this Agreement, Partner will agrees not to use Red Hat Products or Services to create an offering competitive with Red Hat, directly or indirectly, or, unless specifically permitted in this Agreement, for the benefit of any other person or entity or permit any third party to make such use. If Red Hat determines that any of the Red Hat Products or Services is being used (in whole or in part) by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Services to third parties outside of the scope of a Program or (c) create revenue without payment of fees to Red Hat for Red Hat Products or Services, Red Hat may immediately suspend performance and/or terminate this Agreement and any Program, and reserves its rights to exercise any and all legal and equitable remedies available to it. 9.2 For each Red Hat Product (or Partner product that incorporates a Red Hat Product or Service, in whole or in part) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Red Hat Product with respect to such conditions as the term (1 or 3 years) and support level. For example, if the End User purchases a one year 24x7 support level Red Hat Enterprise Linux product from Partner, Partner shall purchase a one year Premium (24x7) Red Hat Product from Red Hat. Similarly, Partner is only authorized authoriz ed to resell the complete Red Hat Product it purchased and is not permitted to decouple the Red Hat Product or sell it in parts. For example, Partner will not purchase a one year Red Hat Product from Red Hat and then break it into multiple shorter increments of time for resale. Partner will work with Red Hat to ensure that its resale of Red Hat Products to End Users is consistent with the terms for the Red Hat Products purchased. 9.3 Without limiting the generality of Sections 9.1 or 9.2 above, Partner agrees: (i) not to modify the Red Hat Products or Services in any manner unless agreed to by Red Hat in writing and (ii) not to use or resell the Red Hat Products or Services in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory rule of law. For certain Programs and only during the term of the Program, Red Hat may provide Partner with access to non-production, evaluation, development kits and/or not for resale (aka “NFR”) Red Hat Products for the sole purpose of testing and/or supporting its partners and/or End Users on issues related to PartnerPartner ’s rights and obligations hereunder. Should Partner resell or use its access to such Red Hat Products for PartnerPartner ’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Red Hat Product(s) under Red Hat’s standard terms for such resale and/or use, and to pay the applicable fee for all periods. This Agreement establishes the rights ri ghts and obligations associated with Red Hat’s Programs, Products and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license.

Additional Requirements. 9.1 Red Hat reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Red Hat Products and Services (including rights under any trademarks, copyrights, patents patents, or other intellectual property of Red Hat). Partner will not use the Red Hat Products or Services to create an offering competitive with Red Hat, directly or indirectly, or, unless specifically permitted in this Agreement, or for the benefit of any other person or entity or permit any third party to make such useutilization, unless specifically agreed to in this Agreement. If Red Hat determines that any of the Services or Red Hat Products or Services is are being used (in whole or in part) by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Services to third parties outside of the scope of a Program or (c) create revenue without payment of fees to Red Hat for Red Hat Products or Services, Red Hat may immediately suspend performance and/or terminate this Agreement and any Program, and reserves its rights to exercise any and all legal and equitable remedies available to it.be 9.2 For each Red Hat Product (or Partner product that incorporates a Red Hat Product or Service, in whole or in partSoftware) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Red Hat Product with respect to such conditions as the term (1 or 3 years) and support level. For example, if the End User purchases a one year 24x7 support level Red Hat Enterprise Linux product from Partner, Partner shall purchase a one year Premium (24x7) Red Hat Product from Red Hat. Similarly, Partner is only authorized hereunder to resell the complete Red Hat Product it purchased and is not permitted to decouple the Red Hat Product or sell it in parts. For example, Partner will not purchase a one 1 year Red Hat Product from Red Hat and then break it down into multiple shorter monthly or hourly increments of time for resaleresale to the End User. Partner will work with Red Hat to ensure that its resale of the Red Hat Products Product to End Users is consistent with the terms for guidelines of the Red Hat Products purchased. 9.3 Without limiting the generality of Sections Section 9.1 or 9.2 above, Partner agrees: (i) not to modify the Red Hat Products or Services in any manner unless agreed to by Red Hat in writing manner; and (ii) not to use or resell the Red Hat Products or Services in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory rule of law. For certain Programs and only during the term of the Program, Red Hat may provide Partner with access to non-production, evaluation, development kits and/or not for resale (aka “NFR”) Red Hat Products for the sole purpose of testing and/or supporting its partners and/or End Users on issues related to Partner’s rights and obligations hereunder. Should Partner resell or desire to use its access to such the Red Hat Products for Partner’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Red Hat Product(s) under Red Hat’s standard terms for such resale and/or internal use, and to pay the applicable fee for all periodsperiods of use. This Agreement establishes the rights and obligations associated with Red Hat’s Programs, Products and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license.

Additional Requirements. 9.1 Red Hat reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Red Hat Products and Services (including rights under any trademarks, copyrights, patents or other intellectual property of Red Hat). While this Agreement is subsisting and for the period of six (6) months following termination of this Agreement, and in the Territory indicated in this Agreement, Partner will agrees not to use Red Hat Products or Services to create an offering competitive with Red Hat, directly or indirectly, or, unless specifically permitted in this Agreement, for the benefit of any other person or entity or permit any third party to make such use. If Red Hat determines that any of the Red Hat Products or Services is being used (in whole or in part) by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Services to third parties outside of the scope of a Program or (c) create revenue without payment of fees to Red Hat for Red Hat Products or Services, Red Hat may immediately suspend performance and/or terminate this Agreement and any Program, and reserves its rights to exercise any and all legal and equitable remedies available to it. 9.2 For each Red Hat Product (or Partner product that incorporates a Red Hat Product or Service, in whole or in part) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Red Hat Product with respect to such conditions as the term (1 or 3 years) and support level. For example, if the End User purchases a one year 24x7 support level Red Hat Enterprise Linux product from Partner, Partner shall purchase a one year Premium (24x7) Red Hat Product from Red Hat. Similarly, Partner is only authorized to resell the complete Red Hat Product it purchased and is not permitted to decouple the Red Hat Product or sell it in parts. For example, Partner will not purchase a one year Red Hat Product from Red Hat and then break it into multiple shorter increments of time for resale. Partner will work with Red Hat to ensure that its resale of Red Hat Products to End Users is consistent with the terms for the Red Hat Products purchased. 9.3 Without limiting the generality of Sections 9.1 or 9.2 above, Partner agrees: (i) not to modify the Red Hat Products or Services in any manner unless agreed to by Red Hat in writing and (ii) not to use or resell the Red Hat Products or Services in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory rule of law. For certain Programs and only during the term of the Program, Red Hat may provide Partner with access to non-production, evaluation, development kits and/or not for resale (aka “NFR”) Red Hat Products for the sole purpose of testing and/or supporting its partners and/or End Users on issues related to Partner’s rights and obligations hereunder. Should Partner resell or use its access to such Red Hat Products for Partner’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Red Hat Product(s) under Red Hat’s standard terms for such resale and/or use, and to pay the applicable fee for all periods. This Agreement establishes the rights and obligations associated with Red Hat’s Programs, Products and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license.

Additional Requirements. 9.1 Red Hat reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Red Hat Products and Services (including rights under any trademarks, copyrights, patents or other intellectual property of Red Hat). While this Agreement is subsisting and for the period of six (6) months following termination of this Agreement, and in the Territory indicated in this Agreement, Partner will agrees not to use Red Hat Products or Services to create an offering competitive with Red Hat, directly or indirectly, or, unless specifically permitted in this Agreement, for the benefit of any other person or entity or permit any third party to make such use. If Red Hat determines that any of the Red Hat Products or Services is being used (in whole or in part) by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Services to third parties outside of the scope of a Program or (c) create revenue without payment of fees to Red Hat for Red Hat Products or Services, Red Hat may immediately suspend performance and/or terminate this Agreement and any Program, and reserves its rights to exercise any and all legal and equitable remedies available to it. 9.2 For each Red Hat Product (or Partner product that incorporates a Red Hat Product or Service, in whole or in part) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Red Hat Product with respect to such conditions as the term (1 or 3 years) and support level. For example, if the End User purchases a one year 24x7 support level Red Hat Enterprise Linux product from Partner, Partner shall purchase a one year Premium (24x7) Red Hat Product from Red Hat. Similarly, Partner is only authorized to resell the complete Red Hat Product it purchased and is not permitted to decouple the Red Hat Product or sell it in parts. For example, Partner will not purchase a one year Red Hat Product from Red Hat and then break it into multiple shorter increments of time for resale. Partner will work with Red Hat to ensure that its resale of Red Hat Products to End Users is consistent with the terms for the Red Hat Products purchased. 9.3 Without limiting the generality of Sections 9.1 or 9.2 above, Partner agrees: (i) not to modify the Red Hat Products or Services in any manner unless agreed to by Red Hat in writing and (ii) not to use or resell the Red Hat Products or Services in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production useus e, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory rule of law. For certain Programs and only during the term of the Program, Red Hat may provide Partner with access to non-production, evaluation, development kits and/or not for resale (aka “NFR”) Red Hat Products for the sole purpose of testing and/or supporting its partners and/or End Users on issues related to Partner’s rights and obligations hereunder. Should Partner resell or use its access to such Red Hat Products for Partner’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Red Hat Product(s) under Red Hat’s standard terms for such resale and/or use, and to pay the applicable fee for all periods. This Agreement establishes the rights and obligations associated with Red Hat’s Programs, Products and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license.

Additional Requirements. 9.1 Red Hat reserves all rights not expressly granted in this Agreement and all rights not expressly granted to the Red Hat Products and Services (including rights under any trademarks, copyrights, patents or other intellectual property of Red Hat). Partner will not use Red Hat Products or Services to create an offering competitive with Red Hat, directly or indirectly, or, unless specifically permitted in this Agreement, for the benefit of any other person or entity or permit any third party to make such use. If Red Hat determines that any of the Red Hat H at Products or Services is being used (in whole or in part) by Partner in any way to (a) avoid paying fees that would otherwise be due hereunder, (b) provide Services to third parties outside of the scope of a Program or (c) create revenue without payment of fees to Red Hat for Red Hat Products or Services, Red Hat may immediately suspend performance and/or terminate this Agreement and any Program, and reserves its rights to exercise any and all legal and equitable remedies available to it. 9.2 For each Red Hat Product (or Partner product that incorporates a Red Hat Product or Service, in whole or in part) that Partner sells to an End User under a Program Appendix, Partner shall purchase the equivalent Red Hat Product with respect to such conditions as the term (1 or 3 years) and support level. For example, if the End User purchases a one year 24x7 support level Red Hat Enterprise Linux product from Partner, Partner shall purchase a one year Premium (24x7) Red Hat Product from Red Hat. Similarly, Partner is only authorized to resell the complete Red Hat Product it purchased and is not permitted to decouple the Red Hat Product or sell it in parts. For example, Partner will not purchase a one year Red Hat Product from Red Hat and then break it into multiple shorter increments of time for resale. Partner P artner will work with Red Hat to ensure that its resale of Red Hat Products to End Users is consistent with the terms for the Red Hat Products purchased. 9.3 Without limiting the generality of Sections 9.1 or 9.2 above, Partner agrees: (i) not to modify the Red Hat Products or Services in any manner unless agreed to by Red Hat in writing and (ii) not to use or resell the Red Hat Products or Services in any manner or for any purpose not permitted by this Agreement, including, without limitation, for Partner's own internal or production use, other than as may be expressly permitted in the applicable Program Appendix or by any applicable mandatory rule of law. For certain Programs and only during the term of the Program, Red Hat may provide Partner with access to non-production, evaluation, development kits and/or not for resale (aka “NFR”) Red Hat Products for the sole purpose of testing and/or supporting its partners and/or End Users on issues related to PartnerPartner ’s rights and obligations hereunder. Should Partner resell or use its access to such Red Hat Products for Partner’s own internal or production use other than as expressly permitted in the applicable Program Appendix, Partner agrees to purchase the appropriate Red Hat Product(s) under Red Hat’s standard terms for such resale and/or use, and to pay the applicable fee for all periods. This Agreement establishes the rights and obligations associated with Red Hat’s Programs, Products and Services, and is not intended to limit Partner’s rights to software code under the terms of an open source license.