Common use of Entire Agreement and Conflicts Clause in Contracts

Entire Agreement and Conflicts. This ESMA, Order Forms, and any exhibits, attachments, or addendums thereto set forth the entire agreement and understanding of the parties relating to the subject matter of this ESMA, and supersede all prior or contemporaneous agreements, proposals, negotiations, conversations, discussions and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom. This ESMA and Order Forms hereunder will prevail over any additional, conflicting or inconsistent terms and conditions which may appear on any purchase order furnished by Customer, and any additional terms and conditions in any such purchase order will have no force or effect, notwithstanding Cloudera’s acceptance or execution of such purchase order. In the event of a conflict between the terms of any Order Form with the terms of this ESMA, the terms of the Order Form will control, but (a) only with respect to the specific Cloudera Product(s) or Services purchased under such Order Form, and (b) only if the Order Form specifically references the conflicting provisions(s) of this ESMA with the intention to supersede such provision(s).

Entire Agreement and Conflicts. This ESMA, Order Forms, and any exhibits, attachments, or addendums thereto set forth the entire agreement and understanding of the parties relating to the subject matter of this ESMA, and supersede all prior or contemporaneous agreements, proposals, negotiations, conversations, discussions and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom. This ESMA and Order Forms hereunder will prevail over any additional, conflicting or inconsistent terms and conditions which may appear on any purchase order furnished by Customer, and any additional terms and conditions in any such purchase order will have no force or effect, notwithstanding Cloudera’s acceptance or execution of such purchase order. In the event of a conflict between the terms of any Order Form with the terms of this ESMA, the terms of the Order Form will control, but (a) only with respect to the specific Cloudera Product(s) or Services purchased under such Order Form, and (b) only if the Order Form specifically references the conflicting provisions(s) of this ESMA with the intention to supersede such provision(s).provision(s).‌