Right to Resell to End Users on a Sell-Through Basis; Partner Own Use. Partner is authorized to order XxxxX Services through a NetApp authorized Distribution Partner or directly from NetApp, as applicable, for resale to End Users, on a non-exclusive sell-through basis only and subject to the Pass-Through Requirement. NetApp will provide End User with the XxxxX Services identified in each Order from Partner, subject to End User’s compliance with the Keystone XxxxX Terms and Partner’s compliance with the terms and conditions of this XxxxX Resale Attachment. If Partner wants to purchase XxxxX Services for its own internal use, including for use in a Service Provider Offering, Partner may do so pursuant to Section 1.4 of this Partner Agreement.
Right to Resell to End Users. Subject to the terms and conditions herein, Partner is authorized, on a non- exclusive basis, to order Subscription Services directly from NetApp solely for resale to End Users. NetApp will provide End User with the Subscription Services identified in each Partner Order entered into by NetApp and Partner, subject to End User’s compliance with the End User Terms and Partner’s compliance with the terms and conditions of this Keystone Resale Attachment. You may not act as a reseller - either in the capacity of a prime contractor or a subcontractor - of Subscription Services to an End User that is either a U.S. federal government entity, a U.S. state or local government entity, or a U.S. public educational institution, unless NetApp has given You express written approval to do so. This prohibition includes using Subscription Services to provide a managed service to a U.S. federal government entity, a U.S. state or local government entity, or a U.S. public educational institution absent express written approval from NetApp. In the event NetApp does provide such written approval, the U.S. Federal Government Supplemental Terms and/or the State, Local Government and Higher Education Terms Attachments, as applicable, shall also apply to You.
