Right to Distribute Through Resellers. OEM may sublicense the right to distribute the Commercial Software as part of the Bundled Products to its third party distributors and resellers (each, a “Reseller”) provided that: (i) any such Reseller may only distribute the Bundled Products directly to End Users, (ii) OEM must cause the Reseller to enter into a written executed agreement with OEM (“Reseller Agreement”), binding such Reseller to terms and conditions regarding the Elastic products and services substantially similar to, and no less protective of Elastic’s interests than, those in this Agreement, and (iii) OEM shall defend, indemnify and hold Elastic and its Affiliates harmless from any and all costs, losses, damages, liabilities and expenses (including reasonable attorney’s fees and costs of litigation) resulting from OEM’s failure to comply with this Section 2.3 and/or from a Reseller’s breach of a Reseller Agreement.
Appears in 4 contracts
Samples: License and Support Agreement, License and Support Agreement, License and Support Agreement
