Common use of PARTNER TRANSACTIONS Clause in Contracts

PARTNER TRANSACTIONS. 3.1 The terms of this Master Subscription Agreement (excluding terms relating to delivery of and payment for the Dynatrace Offering) and the applicable Platform Usage Terms (together, the “Resale End-User Terms”) govern the use of any Dynatrace Offering by or for the benefit of an End-User. By its use of the Dynatrace Offering, such End-User agrees to and is bound by the Resale End-User Terms, which are incorporated by reference into the contract for such resale transaction as if such End-User was a Customer hereunder. Dynatrace LLC is, and both End-User and Partner hereby acknowledge and appoint Dynatrace LLC as, a third-party beneficiary of the Resale End-User Terms. Dynatrace is entering into this Agreement in reliance on its status as a third-party beneficiary to the Resale End User Terms between Customer and the End User, and Dynatrace shall be entitled to enforce the Resale End User Terms directly against the End User. Dynatrace is not responsible for any acts, omissions, products or services provided by Partner. Partner is not authorized to modify the Resale End-User Terms or make any commitment for Dynatrace, and Dynatrace is not bound by any obligations to End-User other than as set forth in the Resale End-User Terms. 3.2 End-User’s access to and use of Dynatrace Offerings is determined by the Order Form between Partner and Dynatrace identifying the End-User. The amount paid or payable by the Partner for End-User’s use of the Dynatrace Offerings will be deemed the amount paid or payable by Customer under the Agreement for the purpose of Section 17 (Limitation of Liability).

PARTNER TRANSACTIONS. 3.1 The terms of this Master Subscription Agreement (excluding terms relating to delivery of and payment for the Dynatrace Offering) and the applicable Platform Usage Terms (together, the “Resale End-User Terms”) govern the use of any Dynatrace Offering by or for the benefit of an End-User. By its use of the Dynatrace Offering, such End-User agrees to and is bound by the Resale End-User Terms, which are incorporated by reference into the contract for such resale transaction as if such End-User was a Customer hereunder. Dynatrace LLC is, and both End-User and Partner hereby acknowledge and appoint Dynatrace LLC as, a third-party beneficiary of the Resale End-User Terms. Dynatrace is entering into this Agreement in reliance on its status as a third-party beneficiary to the Resale End User Terms between Customer and the End User, and Dynatrace shall be entitled to enforce the Resale End User Terms directly against the End User. Dynatrace is not responsible for any acts, omissions, products or services provided by Partner. Partner is not authorized to modify the Resale End-User Terms or make any commitment for Dynatrace, and Dynatrace is not bound by any obligations to End-User other than as set forth in the Resale End-User Terms. When the End-User is a managed service provider, the MSP Terms attached hereto as Attachment A apply. 3.2 End-User’s access to and use of Dynatrace Offerings is determined by the Order Form between Partner and Dynatrace identifying the End-User. The amount paid or payable by the Partner for End-User’s use of the Dynatrace Offerings will be deemed the amount paid or payable by Customer under the Agreement for the purpose of Section 17 (Limitation of Liability).

PARTNER TRANSACTIONS. 3.1 The terms of this Master Subscription Agreement (excluding terms relating to delivery of and payment for the Dynatrace Offering) and the applicable Platform Usage Terms Supplement (together, the “Resale End-User Terms”) govern the use of any Dynatrace Offering by or for the benefit of an End-User. By its use of the Dynatrace Offering, such End-User agrees to and is bound by the Resale End-User Terms, which are incorporated by reference into the contract for such resale transaction as if such End-User was a Customer hereunder. Dynatrace LLC is, and both End-User and Partner hereby acknowledge and appoint Dynatrace LLC as, a third-party beneficiary of the Resale End-User Terms. Dynatrace is entering into this Agreement in reliance on its status as a third-party beneficiary to the Resale End User Terms between Customer and the End User, and Dynatrace shall be entitled to enforce the Resale End User Terms directly against the End User. Dynatrace is not responsible for any acts, omissions, products or services provided by Partner. Partner is not authorized to modify the Resale End-User Terms or make any commitment for Dynatrace, and Dynatrace is not bound by any obligations to End-User other than as set forth in the Resale End-User Terms. 3.2 End-User’s access to and use of Dynatrace Offerings is determined by the Order Form between Partner and Dynatrace identifying the End-User. The amount paid or payable by the Partner for End-User’s use of the Dynatrace Offerings will be deemed the amount paid or payable by Customer under the Agreement for the purpose of Section 17 (Limitation of Liability).