Common use of Partner Appointment Clause in Contracts

Partner Appointment. 1.1 XebiaLabs hereby appoints Partner as non-exclusive reseller of term licenses for XebiaLabs’ commercially available software products as specified on XebiaLabs’ website (the “Software”) in combination with support & maintenance services (together, “Subscription”) to a specified (potential) end user, customer of XebiaLabs’ Subscriptions (“End Customer”). Partner shall register this potential End Customer via XebiaLabs’ partner portal (xxxxx://xxxxxxxx.xxxxxxxxx.xxx/English/). 1.2 All offers, quotes, and orders to this (potential) End Customer require the prior written approval of XebiaLabs. 1.3 Partner will resell the Subscriptions to the End Customer in its own name and for its own risk and account. The right of the End Customer to use the Subscription is limited as set forth in XebiaLabs’ Subscription Terms and Conditions (xxxxx://xxxxxxxxx.xxx/terms/) (“End Customer T&Cs”) as can also be found on XebiaLabs’ partner portal (xxxxx://xxxxxxxx.xxxxxxxxx.xxx/English/) and may be updated by XebiaLabs from time to time. At the request of Partner, XebiaLabs will provide Partner with the then-current version of the End Customer T&Cs. Partner will either (i) procure that the End Customer to whom Partner sells a Subscription signs the End Customer T&Cs; or (ii) enter into a written agreement with such End Customer with terms no less protective towards XebiaLabs than the End Customer T&Cs. Partner may not make any representations or warranties which exceed the representations and warranties made by XebiaLabs under the End Customer T&Cs. 1.4 Partner shall always properly credit XebiaLabs as the proprietary owner of the Software, its components and/or its functionalities. 1.5 Partner may only use marketing materials and other information about XebiaLabs, its products and/or its services which have been made publicly available by XebiaLabs or have been pre-approved by XebiaLabs in writing. XebiaLabs may at its discretion update its marketing materials and/or approved information, and Partner - after receiving notification from XebiaLabs thereto - shall only use such updated version(s) going forward. 1.6 Partner will send, in good faith and reasonable consultation with XebiaLabs, appropriate personnel for training by XebiaLabs in the operation and application of the Software if and when requested by XebiaLabs at Partner’s own cost and expense. 1.7 XebiaLabs will provide training to the End Customer upon request by Partner. The terms and conditions regarding training will be agreed separately after consultation with Partner. 1.8 For the term of this Agreement and at no additional cost, Partner may install and use the Software at the potential End Customer for the limited purpose of demonstrating the functions and functionalities of the Software. 1.9 Partner may implement the Software at End Customer to whom Partner has sold a Subscription. Partner will enter into separate terms and conditions directly with such End Customer at Partner’s own cost and expense. 1.10 XebiaLabs retains all rights not expressly granted to Partner under this Agreement.

Partner Appointment. 1.1 XebiaLabs hereby appoints Partner as non-exclusive reseller of term licenses for XebiaLabs’ commercially available software products as specified on XebiaLabs’ website (the “Software”) in combination with support & maintenance services (together, “Subscription”) to a specified (potential) end user, customer user customers of XebiaLabs’ Subscriptions (each an “End Customer”). Partner shall register this each potential End Customer via XebiaLabs’ partner portal (xxxxx://xxxxxxxx.xxxxxxxxx.xxx/English/). 1.2 All offers, quotes, and orders to this (potential) End Customer Customers require the prior written approval of XebiaLabs. 1.3 Partner will resell the Subscriptions to the End Customer in its own name and for its own risk and account. . 1.4 The right of the End Customer to use the Subscription is limited as set forth in XebiaLabs’ Subscription Terms and Conditions (xxxxx://xxxxxxxxx.xxx/terms/) (“End Customer T&Cs”) as can also be found on XebiaLabs’ partner portal (xxxxx://xxxxxxxx.xxxxxxxxx.xxx/English/) and may be updated by XebiaLabs from time to time. At the request of Partner, XebiaLabs will provide Partner with the then-current version of the End Customer T&Cs. Partner will either (i) procure require that the End Customer to whom Partner sells a Subscription signs the End Customer T&Cs; or (ii) enter into a written agreement with such End Customer with terms no less protective towards of XebiaLabs than the End Customer T&Cs. Partner may not make any representations or warranties which exceed the representations and warranties made by XebiaLabs under the End Customer T&Cs. 1.4 1.5 Partner shall always properly credit attribute XebiaLabs as the proprietary owner of the Software, its components and/or its functionalities. 1.5 1.6 Partner may only use marketing materials and other information about XebiaLabs, its products and/or its services which have been made publicly available by XebiaLabs or have been pre-approved by XebiaLabs in writing. XebiaLabs may at its discretion update its marketing materials and/or approved information, and Partner - after receiving notification from XebiaLabs thereto - shall only use such updated version(s) going forward. 1.6 1.7 Partner will send, in good faith and reasonable consultation with XebiaLabs, appropriate personnel for training by XebiaLabs in the operation and application of the Software if and when requested by XebiaLabs at Partner’s own cost and expense. 1.7 1.8 XebiaLabs will provide training to the End Customer Customers upon request by Partner. The , provided that the terms and conditions regarding training will be agreed separately after consultation with Partner. 1.8 For 1.9 During the term of this Agreement and at no additional cost, Partner may install and use the Software at the potential End Customer Customers for the limited purpose of demonstrating the functions and functionalities of the Software. 1.9 1.10 Partner may implement the Software at the End Customer Customers to whom Partner has sold a Subscription. Partner will enter into separate terms and conditions directly with such End Customer Customers at Partner’s own cost and expense. 1.10 1.11 XebiaLabs retains all rights not expressly granted to Partner under this Agreement.

Partner Appointment. 1.1 XebiaLabs hereby appoints Partner as non-exclusive reseller of term licenses for XebiaLabs’ commercially available software products as specified on XebiaLabs’ website (the “Software”) in combination with support & maintenance services (together, “Subscription”) to a specified (potential) end user, customer user customers of XebiaLabs’ Subscriptions (each an “End Customer”). Partner shall register this each potential End Customer via XebiaLabs’ partner portal (xxxxx://xxxxxxxx.xxxxxxxxx.xxx/English/xxx.xxxxxxxxx.xxx/xxxxxxx). 1.2 All offers, quotes, and orders to this (potential) End Customer Customers require the prior written approval of XebiaLabs. 1.3 Partner will resell the Subscriptions to the End Customer in its own name and for its own risk and account. . 1.4 The right of the End Customer to use the Subscription is limited as set forth in XebiaLabs’ Subscription Terms and Conditions (xxxxx://xxxxxxxxx.xxx/terms/) (“End Customer T&Cs”) as can also be found on XebiaLabs’ partner portal (xxxxx://xxxxxxxx.xxxxxxxxx.xxx/English/xxx.xxxxxxxxx.xxx/xxxxxxx) and may be updated by XebiaLabs from time to time. At the request of Partner, XebiaLabs will provide Partner with the then-current version of the End Customer T&Cs. Partner will either (i) procure require that the End Customer to whom Partner sells a Subscription signs the End Customer T&Cs; or (ii) enter into a written agreement with such End Customer with terms no less protective towards of XebiaLabs than the End Customer T&Cs. Partner may not make any representations or warranties which exceed the representations and warranties made by XebiaLabs under the End Customer T&Cs. 1.4 1.5 Partner shall always properly credit attribute XebiaLabs as the proprietary owner of the Software, its components and/or its functionalities. 1.5 1.6 Partner may only use marketing materials and other information about XebiaLabs, its products and/or its services which have been made publicly available by XebiaLabs or have been pre-approved by XebiaLabs in writing. XebiaLabs may at its discretion update its marketing materials and/or approved information, and Partner - after receiving notification from XebiaLabs thereto - shall only use such updated version(s) going forward. 1.6 1.7 Partner will send, in good faith and reasonable consultation with XebiaLabs, appropriate personnel for training by XebiaLabs in the operation and application of the Software if and when requested by XebiaLabs at Partner’s own cost and expense. 1.7 1.8 XebiaLabs will provide training to the End Customer Customers upon request by Partner. The , provided that the terms and conditions regarding training will be agreed separately after consultation with Partner. 1.8 For 1.9 During the term of this Agreement and at no additional cost, Partner may install and use the Software at the potential End Customer Customers for the limited purpose of demonstrating the functions and functionalities of the Software. 1.9 1.10 Partner may implement the Software at the End Customer Customers to whom Partner has sold a Subscription. Partner will enter into separate terms and conditions directly with such End Customer Customers at Partner’s own cost and expense. 1.10 1.11 XebiaLabs retains all rights not expressly granted to Partner under this Agreement.

Partner Appointment. 1.1 XebiaLabs hereby appoints Partner as non-exclusive reseller of term licenses for XebiaLabs’ commercially available software products as specified on XebiaLabs’ website (the “Software”) in combination with support & maintenance services (together, “Subscription”) to a specified (potential) end user, customer user customers of XebiaLabs’ Subscriptions (each an “End Customer”). Partner shall register this each potential End Customer via XebiaLabs’ partner portal (xxxxx://xxxxxxxx.xxxxxxxxx.xxx/English/). 1.2 All offers, quotes, and orders to this (potential) End Customer Customers require the prior written approval of XebiaLabs. 1.3 Partner will resell the Subscriptions to the End Customer in its own name and for its own risk and account. . 1.4 The right of the an End Customer to use the Subscription is limited as set forth in XebiaLabs’ Subscription Terms and Conditions (xxxxx://xxxxxxxxx.xxx/terms/) as can be found on XebiaLabs’ website (“End Customer T&Cs”) as can also be found on XebiaLabs’ partner portal (xxxxx://xxxxxxxx.xxxxxxxxx.xxx/English/) and may be updated by XebiaLabs from time to time. By signing this Agreement, Partner acknowledges that it has read and understood the End Customer T&Cs and has received a copy thereof. At the request of Partner, XebiaLabs will provide Partner with the then-current version of the End Customer T&Cs. Partner will either (i) procure that the each End Customer to whom Partner sells a Subscription signs the End Customer T&Cs; or (ii) enter into a written agreement with such End Customer with terms no less protective towards XebiaLabs than the End Customer T&Cs. Partner may not make any representations or warranties which exceed the representations and warranties made by XebiaLabs under the End Customer T&Cs. 1.4 1.5 Partner shall always properly credit XebiaLabs as the proprietary owner of the Software, its components and/or its functionalities. 1.5 1.6 Partner may only use marketing materials and other information about XebiaLabs, its products and/or its services which have been made publicly available by XebiaLabs or have been pre-approved by XebiaLabs in writing. XebiaLabs may at its discretion update its marketing materials and/or approved information, and Partner - after receiving notification from XebiaLabs thereto - shall only use such updated version(s) going forward. 1.6 1.7 Partner will send, in good faith and reasonable consultation with XebiaLabs, appropriate personnel for training by XebiaLabs in the operation and application of the Software if and when requested by XebiaLabs at Partner’s own cost and expense. 1.7 1.8 XebiaLabs will provide training to the End Customer Customers upon request by Partner. The terms and conditions regarding training will be agreed separately after consultation with Partner. 1.8 1.9 For the term of this Agreement and at no additional cost, Partner may install and use the Software at the potential End Customer Customers for the limited purpose of demonstrating the functions and functionalities of the Software. 1.9 1.10 Partner may implement the Software at End Customer Customers to whom Partner has sold a Subscription. Partner will enter into Master Reseller Agreement November 2018 2 A Failure for which a workaround exists. Partner will respond within 2 Work Days to a Priority 2 Failure. XebiaLabs shall assign a specialist(s) to correct the Failure, begins to provide a temporary workaround or fix and provides ongoing communication on the status of an Update 3 A cosmetic Failure. Partner will respond within 5 Work Days to a cosmetic Failure. XebiaLabs may include an Update in the next Maintenance Release. separate terms and conditions directly with such End Customer Customers at Partner’s own cost and expense. 1.10 1.11 XebiaLabs retains all rights not expressly granted to Partner under this Agreement.