Common use of Affiliate Use Clause in Contracts

Affiliate Use. An Affiliate of Customer may access the Cloudera Products and use the Cloudera Software and Cloudera Online Services for which Customer has purchased a Subscription under an applicable Order Form, provided that: (i) such Affiliate agrees in writing with Customer to be bound by and accepts all of the obligations imposed upon Customer under this ESMA (other than payment obligations for which Customer is solely responsible to Cloudera or its Authorized Partner, as applicable) or Customer agrees to be responsible for the acts and omissions of such Affiliate in relation to the applicable Order Form; (ii) the Affiliate is not a Cloudera customer under separate contract, nor actively engaged with Cloudera in discussions for the purchase of Cloudera Products at the time an Order Form is executed pursuant to this ESMA; (iii) the Affiliate is not a direct competitor of Cloudera; and (iv) all of Customer’s obligations under this ESMA and the applicable Order Form will remain in force and undiminished.

Appears in 2 contracts

Samples: Enterprise Subscription Master Agreement, Enterprise Subscription Master Agreement

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Affiliate Use. An Affiliate of Customer may access the Cloudera Products and use the Cloudera Software and Cloudera Online Services for which Customer has purchased a Subscription under an applicable Order Form, provided that: (i) such Affiliate (a) agrees in writing with Customer to be bound by and accepts all of the obligations imposed upon Customer under this ESMA (other than payment obligations for which Customer is solely responsible to Cloudera or its Authorized Partner, as applicable) or (b) Customer agrees to be responsible for the acts and omissions of such Affiliate in relation to the applicable Order Form; (ii) the Affiliate is not a Cloudera customer under separate contract, nor actively engaged with Cloudera in discussions for the purchase of Cloudera Products at the time an Order Form is executed pursuant to this ESMA; (iii) the Affiliate is not a direct competitor of Cloudera; and (iv) all of Customer’s obligations under this ESMA and the applicable Order Form will remain in force and undiminished.

Appears in 2 contracts

Samples: Enterprise Subscription Master Agreement, Enterprise Subscription Master Agreement

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Affiliate Use. An Your Affiliate of Customer may access the Cloudera Products and use the Cloudera Software and Cloudera Online Services for which Customer has purchased a Subscription Products licensed by You under an applicable Order Form, provided that: (i) such Affiliate agrees in writing with Customer You to be bound by and accepts all of the obligations imposed upon Customer You under this ESMA Enterprise Agreement (other than payment obligations for which Customer is You are solely responsible to Cloudera or to its Authorized Partner, as applicable, unless the Affiliate enters into a separate Order Form with Cloudera or an Authorized Partner, as applicable); (ii) or Customer agrees You agree to be responsible for the acts and omissions of such Affiliate in relation to the applicable Order FormAgreement; (iiiii) the Affiliate is not a Cloudera customer under separate contract, nor actively engaged with Cloudera in discussions for the purchase of Cloudera Products at the time an Order Form is executed pursuant to this ESMAEnterprise Agreement; (iiiiv) the Affiliate is not a direct competitor of Cloudera; and (ivv) all of Customer’s Your obligations under this ESMA and the applicable Order Form Agreement will remain in force and undiminished.

Appears in 1 contract

Samples: Enterprise Subscription Agreement

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