Authorized Partner Orders Sample Clauses

Authorized Partner Orders. (a) If you received Software or an Appliance under an Order Form and agreement with an Authorized Partner (“Reseller Purchase Agreement”) and not PurpleCube, then notwithstanding anything to the contrary in this Agreement: (a) your use of the Software or Appliance is subject to any additional terms in the Reseller Purchase Agreement, including any limitations on use of the Software or Appliance in conjunction with third-party applications; and (b) Sections 3.2 and 3.3 will not apply to such Order Form, provided that you agree to pay the Authorized Partner the fees agreed in the Reseller Purchase Agreement associated with the licenses Software licensed and any Professional Services purchased, and you have no direct payment obligations to PurpleCube for such purchase. (b) Any licensing, support, warranty, and other terms provided for the Software and Professional Services shall be exclusive as stated in this Agreement, and any additional or conflicting terms offered by the Authorized Partner shall be of no effect between you and PurpleCube. (c) Notwithstanding anything in this Agreement to the contrary: (i) the Reseller Purchase Agreement does not modify any of the terms of this Agreement; and (ii) the Reseller Purchase Agreement is between you and the Authorized Partner and is not binding on PurpleCube. PurpleCube may terminate this Agreement (including your right to use the Software) if PurpleCube fails to receive payment for using the Software or Appliance from the Authorized Partner or if you breach any term of this Agreement. 4.1 To the extent outlined in the Order Form, PurpleCube shall provide Support as specified in this Section 4.1 and accordance with PurpleCube’s then-current support policies located at PurpleCube’s support website, as may be updated by PurpleCube from time to time (“Support Site”). (a) Maintenance and Support: PurpleCube will provide the following: (i) Updates, if any, and appropriate Documentation, and (ii) assistance by telephone and email concerning the Software, including (1) clarification of functions and features of the Software;