Common use of Purchase Requirements Clause in Contracts

Purchase Requirements. During the term of this Agreement as set forth in Section 4, you are required to purchase Services for each Instance from either (i) Service Provider, when the Software Instance is obtained from Service Provider, or (ii) Red Hat or a Red Hat authorized business partner, when the Software Instance is obtained from Red Hat or authorized business partner. If you are using any of the Services to support or maintain instances of Red Hat or non-Red Hat software (other than Software Instances obtained from and for which you have paid Services Provider) either within or outside the Portal, then you are required to notify Red Hat of such use and pay Red Hat the standard published software subscription fees for such use (e.g. xxxxx://xxx.xxxxxx.xxx/wapps/store/catalog.html) under the terms of the Red Hat Enterprise Agreement, a copy of which is set forth at xxx.xxxxxx.xxx/xxxxxxxx. Distributing the Software and Services (or any portion) to a third party outside the Portal or using the Software and/or Services to support a third party without paying for each Instance is a material breach of this Agreement even though the open source license applicable to individual software packages may give you the right to distribute those packages (and this Agreement is not intended to interfere with your rights under those individual licenses). For clarification purposes, this Agreement does not apply to Software subscriptions purchased from Red Hat directly for use outside the Portal or in conjunction with the Red Hat Cloud Access program (as set forth at xxxxx://xxx.xxxxxx.xxx/solutions/cloud/access/enroll.html).

Purchase Requirements. During the term of this Agreement as set forth in Section 46, you are required to purchase Services for each Instance from either (i) Service Provider, when the Software Instance is obtained from Service Provider, Provider or (ii) Red Hat or a Red Hat authorized business partner, when the Software Instance is obtained from Red Hat or authorized business partner. If you are using any of the Services to support or maintain instances Instances of Red Hat or non-Red Hat software (other than Software Instances obtained from and for which you have under a paid Services ProviderSubscription) either within or outside the Portal, then you are required to notify Red Hat of such use and pay Red Hat the standard published software subscription fees for such use (e.g. xxxxx://xxx.xxxxxx.xxx/wapps/store/catalog.html) under the terms of the Red Hat Enterprise Agreement, a copy of which is set forth at xxx.xxxxxx.xxx/xxxxxxxx. Distributing the Software and Subscription Services (or any portion) to a third party outside the Portal or using the Software and/or Subscription Services to support a third party without paying for each Instance the respective fees is a material breach of this Agreement even though the open source license applicable to individual software packages may give you the right to distribute those packages (and this Agreement is not intended to interfere with your rights under those individual licenses). For clarification purposes, this Agreement does not apply to Software subscriptions purchased from Red Hat directly for use outside the Portal or in conjunction with the Red Hat Cloud Access program (as set forth at xxxxx://xxx.xxxxxx.xxx/solutions/cloud/access/enroll.html). The Red Hat Cloud Access program is the method through which you may migrate Software subscriptions purchased from Red Hat to use on the Service Provider’s Portal.