NetSuite; Third Party Beneficiary. Notwithstanding anything to the contrary, including any terms or conditions and privacy policy posted on the Web Site, NetSuite shall have no obligation, responsibility or liability to End User arising out of or related to the Localized Product, Web Site, or the operation or use thereof, or any ancillary products or services provided by NetSuite KK. In particular, the only obligations and responsibility to End User regarding the Localized Products and Web Site shall be those by NetSuite KK as expressly set forth in these Product Use Terms. END USER AGREES THAT IT, AND ITS AFFILIATES AND USERS, SHALL NOT ASSERT OR BRING ANY CLAIM OR ACTION AGAINST NETSUITE OR ITS AFFILIATES IN CONNECTION WITH THE LOCALIZED PRODUCT, THE WEB SITE, OR THE PERFORMANCE OR USE THEREOF, WHETHER BASED UPON THESE PRODUCT USE TERMS OR OTHERWISE, INCLUDING FOR ANY FAILURE OF THE LOCALIZED PRODUCTS AND INCLUDING BASED UPON ANY ANCILLARY OR RELATED LOCALIZED PRODUCTS OR SERVICES. Notwithstanding the foregoing, NetSuite is and shall be a third party beneficiary of, with the power to enforce, these Product Use Terms (including without limitation any disclaimers and limitations of liability) against the End User. No terms or conditions in these Product Use Terms shall limit any remedies available to NetSuite.
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Samples: Distribution Agreement, Distribution Agreement (Netsuite Inc)
NetSuite; Third Party Beneficiary. Notwithstanding anything to the contrary, including any terms or conditions and privacy policy posted on the Web Site, NetSuite shall have no obligation, responsibility or liability to End User arising out of or related to the Localized Product, Web Site, or the operation or use thereof, or any ancillary products or services provided by NetSuite KKReseller. In particular, the only obligations and responsibility to End User regarding the Localized Products and Web Site shall be those by NetSuite KK Reseller as expressly set forth in these Product Use Terms. END USER AGREES THAT IT, AND ITS AFFILIATES AND USERS, SHALL NOT ASSERT OR BRING ANY CLAIM OR ACTION AGAINST NETSUITE OR ITS AFFILIATES IN CONNECTION WITH THE LOCALIZED PRODUCT, THE WEB SITE, OR THE PERFORMANCE OR USE THEREOF, WHETHER BASED UPON THESE PRODUCT USE TERMS OR OTHERWISE, INCLUDING FOR ANY FAILURE OF THE LOCALIZED PRODUCTS AND INCLUDING BASED UPON ANY ANCILLARY OR RELATED LOCALIZED PRODUCTS OR SERVICES. Notwithstanding the foregoing, NetSuite is and shall be a third party beneficiary of, with the power to enforce, these Product Use Terms (including without limitation any disclaimers and limitations of liability) against the End User. No terms or conditions in these Product Use Terms shall limit any remedies available to NetSuite.
Appears in 2 contracts
Samples: Preferred Reseller Agreement, Preferred Reseller Agreement (Netsuite Inc)
NetSuite; Third Party Beneficiary. Notwithstanding anything to the contrary, including any terms or conditions and privacy policy posted on the Web Site, NetSuite shall have no obligation, responsibility or liability to End User arising out of or related to the Localized Product, Web Site, or the operation or use thereof, or any ancillary products or services provided by NetSuite KKTranscosmos. In particular, the only obligations and responsibility to End User regarding the Localized Products and Web Site shall be those by NetSuite KK Transcosmos as expressly set forth in these Product Use Terms. END USER AGREES THAT IT, AND ITS AFFILIATES AND USERS, SHALL NOT ASSERT OR BRING ANY CLAIM CLAM OR ACTION AGAINST NETSUITE OR ITS AFFILIATES IN CONNECTION WITH THE LOCALIZED PRODUCT, THE WEB SITE, OR THE PERFORMANCE OR USE THEREOF, WHETHER BASED UPON THESE PRODUCT USE TERMS OR OTHERWISE, INCLUDING FOR ANY FAILURE OF THE LOCALIZED PRODUCTS AND INCLUDING BASED UPON ANY ANCILLARY OR RELATED LOCALIZED PRODUCTS OR SERVICES. Notwithstanding the foregoing, NetSuite is and shall be a third party beneficiary of, with the power to enforce, these Product Use Terms (including without limitation any disclaimers and limitations of liability) against the End User. No terms or conditions in these Product Use Terms shall limit any remedies available to NetSuite.
Appears in 1 contract