Common use of Third-Party Offerings Clause in Contracts

Third-Party Offerings. Dell may offer Third-Party Products for use with the APEX Service through an online marketplace, or using Dell’s then-current Third-Party Product resale programs (e.g. “Extended Technologies Complete”, “Software & Peripherals (S&P)”). Third-Party Products that Distributor orders from Dell through these resale programs are referred to as “Third-Party Offerings”. Distributor may offer Third-Party Offerings to Reseller to offer to Customer for Customer’s use, at Distributor’s option, if available. If Distributor chooses to offer Third-Party Offerings to Reseller for Reseller to offer to Customer for Customer’s use, Distributor, Reseller, and Customer are responsible for complying with any terms applicable to the Third-Party Offerings, including any separate fees imposed by the provider of that Third-Party Offering (whether payable to Dell or directly to the third-party provider). Distributor agrees to comply with the standard license, services, warranty, indemnity, and support terms of the third-party manufacturer/supplier (or an applicable direct agreement between Distributor and the third-party manufacturer/supplier) for the Third Party Offering. Even if Dell invoices for them, Dell does not provide support services for Third-Party Offerings. Distributor must contact the applicable third-party directly for support. Third-Party Offerings are provided “AS IS”. Any warranty, damages or indemnity claims against Dell for Third-Party Offerings are expressly excluded. Dell may suspend or terminate provision and hosting of any Third- Party Offerings at any time, and that suspension or termination will not be deemed a material change to the APEX Service for the purpose of Clause 3.2 (Material Modifications).

Third-Party Offerings. Dell may offer Third-Party Products for use with the APEX Service through an online marketplace, or using Dell’s then-current Third-Party Product resale programs (e.g. “Extended Technologies Complete”, “Software & Peripherals (S&P)”). Third-Party Products that Distributor Reseller orders from Dell through these resale programs are referred to as “Third-Party Offerings”. Distributor Reseller may offer Third-Party Offerings to Reseller to offer to Customer for Customer’s use, at DistributorReseller’s option, if available. If Distributor Reseller chooses to offer Third-Party Offerings to Reseller for Reseller to offer to Customer for Customer’s use, Distributor, Reseller, Reseller and Customer are responsible for complying with any terms applicable to the Third-Party Offerings, including any separate fees imposed by the provider of that Third-Party Offering (whether payable to Dell or directly to the third-party provider). Distributor Reseller agrees to comply with the standard license, services, warranty, indemnity, and support terms of the third-party manufacturer/supplier (or an applicable direct agreement between Distributor Reseller and the third-party manufacturer/supplier) for the Third Third-Party Offering. Even if Dell invoices for them, Dell does not provide support services for Third-Party Offerings. Distributor Reseller must contact the applicable third-party directly for support. Third-Party Offerings are provided “AS IS”. Any warranty, damages or indemnity claims against Dell for Third-Party Offerings are expressly excluded. Dell may suspend or terminate provision and hosting of any Third- Third-Party Offerings at any time, and that suspension or termination will not be deemed a material change to the APEX Service for the purpose of Clause 3.2 (Material Modifications).

Third-Party Offerings. Dell may offer Third-Party Products for use with the APEX Service through an online marketplacemarketplace on the APEX Console, or using Dell’s then-current Third-Party Product resale programs (e.g. “Extended Technologies Complete”, “Software & Peripherals (S&P)”). Third-Party Products that Distributor orders You order from Dell through these resale programs are referred to as “Third-Party Offerings”. Distributor You may offer use Third-Party Offerings to Reseller to offer to Customer for Customer’s useOfferings, at Distributor’s Your option, if available. If Distributor chooses You choose to offer use Third-Party Offerings to Reseller for Reseller to offer to Customer for Customer’s useOfferings, Distributor, Reseller, and Customer You are responsible for complying with any terms applicable to the Third-Party Offerings, including any separate fees imposed by the provider of that Third-Party Offering (whether payable to Dell or directly to the third-party provider). Distributor agrees You agree to comply with the standard license, services, warranty, indemnity, and support terms of the third-party manufacturer/supplier (or an applicable direct agreement between Distributor You and the third-party manufacturer/supplier) for the Third Third-Party Offering. Even if Dell invoices for them, Dell does not provide support services for Third-Party Offerings. Distributor You must contact the applicable third-party directly for support. Third-Party Offerings are provided “AS IS”. Any warranty, damages or indemnity claims against Dell for Third-Party Offerings are expressly excluded. Dell may suspend or terminate provision and hosting of any Third- Third-Party Offerings at any time, and that suspension or termination will not be deemed a material change to the APEX Service for the purpose of Clause 3.2 – Part A (Material Modifications).

Third-Party Offerings. Dell may offer Third-Party Products for use with the APEX Service through an online marketplacemarketplace on the APEX Console, or using Dell’s then-current Third-Party Product resale programs (e.g. “Extended Technologies Complete”, “Software & Peripherals (S&P)”). Third-Party Products that Distributor orders You order from Dell through these resale programs are referred to as “Third-Party Offerings”. Distributor You may offer Third-Party Offerings to Reseller to offer to Customer for Customer’s use, at Distributor’s Your option, if available. If Distributor chooses You choose to offer Third-Party Offerings to Reseller for Reseller to offer to Customer for Customer’s use, DistributorYou, Reseller, and Customer are responsible for complying with any terms applicable to the Third-Party Offerings, including any separate fees imposed by the provider of that Third-Party Offering (whether payable to Dell or directly to the third-party provider). Distributor agrees You agree to comply with the standard license, services, warranty, indemnity, and support terms of the third-party manufacturer/supplier (or an applicable direct agreement between Distributor You and the third-third- party manufacturer/supplier) for the Third Party Offering. Even if Dell invoices for them, Dell does not provide support services for Third-Party Offerings. Distributor You must contact the applicable third-party directly for support. Third-Party Offerings are provided “AS IS”. Any warranty, damages or indemnity claims against Dell for Third-Party Offerings are expressly excluded. Dell may suspend or terminate provision and hosting of any Third- Third-Party Offerings at any time, and that suspension or termination will not be deemed a material change to the APEX Service for the purpose of Clause 3.2 (Material Modifications).

Third-Party Offerings. Dell may offer Third-Party Products for use that interoperate with the APEX Service Offering through an online marketplace, or using Dell’s then-current Third-Party Product resale programs (e.g. “Extended Technologies Complete”, “Software & Peripherals (S&P)”). Third-Party Products that Distributor orders You order from Dell through these resale programs are referred to as “Third-Party Offerings”. Distributor You may offer use Third-Party Offerings to Reseller to offer to Customer for Customer’s useOfferings, at Distributor’s Your option, if available. If Distributor chooses You choose to offer use Third-Party Offerings to Reseller for Reseller to offer to Customer for Customer’s useOfferings, Distributor, Reseller, and Customer You are responsible for complying with any terms applicable to the Third-Party Offerings, including any separate fees imposed by the provider of that Third-Party Offering (whether payable to Dell or directly to the third-party provider). Distributor agrees You agree to comply with the standard license, services, warranty, indemnity, and support terms of the third-party manufacturer/supplier (or an applicable direct agreement between Distributor You and the third-party manufacturer/supplier) for the Third Third-Party Offering. Even if Dell invoices for them, Dell does not provide support services for Third-Party Offerings. Distributor You must contact the applicable third-party directly for support. Third-Party Offerings are provided “AS IS”. Any warranty, damages or indemnity claims against Dell for Third-Party Offerings are expressly excluded. Dell may suspend or terminate provision and hosting of any Third- Third-Party Offerings at any time, and that suspension or termination will not be deemed a material change to the APEX Service Offering for the purpose of Clause 3.2 3.2.A (Material ModificationsOption to Terminate).

Third-Party Offerings. Dell may offer Third-Party Products for use with the APEX Service through an online marketplacemarketplace on the APEX Console, or using Dell’s then-current Third-Party Product resale programs (e.g. “Extended Technologies Complete”, “Software & Peripherals (S&P)”). Third-Party Products that Distributor orders You order from Dell through these resale programs are referred to as “Third-Party Offerings”. Distributor You may offer Third-Party Offerings to Reseller to offer to Customer for Customer’s use, at Distributor’s Your option, if available. If Distributor chooses You choose to offer Third-Party Offerings to Reseller for Reseller to offer to Customer for Customer’s use, Distributor, Reseller, You and Customer are responsible for complying with any terms applicable to the Third-Party Offerings, including any separate fees imposed by the provider of that Third-Party Offering (whether payable to Dell or directly to the third-party provider). Distributor agrees You agree to comply with the standard license, services, warranty, indemnity, and support terms of the third-party manufacturer/supplier (or an applicable direct agreement between Distributor You and the third-party manufacturer/supplier) for the Third Third-Party Offering. Even if Dell invoices for them, Dell does not provide support services for Third-Party Offerings. Distributor You must contact the applicable third-party directly for support. Third-Party Offerings are provided “AS IS”. Any warranty, damages or indemnity claims against Dell for Third-Party Offerings are expressly excluded. Dell may suspend or terminate provision and hosting of any Third- Third-Party Offerings at any time, and that suspension or termination will not be deemed a material change to the APEX Service for the purpose of Clause 3.2 (Material Modifications).

Third-Party Offerings. Dell may offer Third-Party Products for use with the APEX Service through an online marketplace, or using Dell’s then-current Third-Party Product resale programs (e.g. “Extended Technologies Complete”, “Software & Peripherals (S&P)”). Third-Party Products that Distributor orders from Dell through these resale programs are referred to as “Third-Party Offerings”. Distributor may offer Third-Party Offerings to Reseller to offer to Customer for Customer’s use, at Distributor’s option, if available. If Distributor chooses to offer Third-Party Offerings to Reseller for Reseller to offer to Customer for Customer’s use, Distributor, Reseller, and Customer are responsible for complying with any terms applicable to the Third-Party Offerings, including any separate fees imposed by the provider of that Third-Party Offering (whether payable to Dell or directly to the third-party provider). Distributor agrees to comply with the standard license, services, warranty, indemnity, and support terms of the third-party manufacturer/supplier (or an applicable direct agreement between Distributor and the third-party manufacturer/supplier) for the Third Party Offering. Even if Dell invoices for them, Dell does not provide support services for Third-Party Offerings. Distributor must contact the applicable third-party directly for support. Third-Party Offerings are provided “AS IS”. Any warranty, damages or indemnity claims against Dell for Third-Party Offerings are expressly excluded. Dell may suspend or terminate provision and hosting of any Third- Third-Party Offerings at any time, and that suspension or termination will not be deemed a material change to the APEX Service for the purpose of Clause 3.2 (Material Modifications).

Third-Party Offerings. Dell may offer Third-Party Products for use with the APEX Service through an online marketplace, or using Dell’s then-current Third-Party Product resale programs (e.g. “Extended Technologies Complete”, “Software & Peripherals (S&P)”). Third-Party Products that Distributor Reseller orders from Dell through these resale programs are referred to as “Third-Party Offerings”. Distributor Reseller may offer Third-Party Offerings to Reseller to offer to Customer for Customer’s use, at DistributorReseller’s option, if available. If Distributor Reseller chooses to offer Third-Party Offerings to Reseller for Reseller to offer to Customer for Customer’s use, Distributor, Reseller, Reseller and Customer are responsible for complying with any terms applicable to the Third-Party Offerings, including any separate fees imposed by the provider of that Third-Party Offering (whether payable to Dell or directly to the third-party provider). Distributor Reseller agrees to comply with the standard license, services, warranty, indemnity, and support terms of the third-party manufacturer/supplier (or an applicable direct agreement between Distributor Reseller and the third-party manufacturer/supplier) for the Third Third-Party Offering. Even if Dell invoices for them, Dell does not provide support services for Third-Party Offerings. Distributor Reseller must contact the applicable third-party directly for support. Third-Party Offerings are provided “AS IS”. Any warranty, damages or indemnity claims against Dell for Third-in relation to such Third Party Offerings Products are expressly excludedexcluded except where Dell caused the damages in willful misconduct or gross negligence. Dell may suspend or terminate provision and hosting of any Third- Third-Party Offerings at any time, and that suspension or termination will not be deemed a material change to the APEX Service for the purpose of Clause 3.2 (Material Modifications).

Third-Party Offerings. Dell may offer Third-Party Products for use with the APEX Service through an online marketplacemarketplace on the APEX Console, or using Dell’s then-current Third-Party Product resale programs (e.g. “Extended Technologies Complete”, “Software & Peripherals (S&P)”). Third-Party Products that Distributor orders You order from Dell through these resale programs are referred to as “Third-Party Offerings”. Distributor You may offer Third-Party Offerings to Reseller to offer to Customer for Customer’s use, at Distributor’s Your option, if available. If Distributor chooses You choose to offer Third-Party Offerings to Reseller for Reseller to offer to Customer for Customer’s use, DistributorYou, Reseller, and Customer are responsible for complying with any terms applicable to the Third-Party Offerings, including any separate fees imposed by the provider of that Third-Party Offering (whether payable to Dell or directly to the third-party provider). Distributor agrees You agree to comply with the standard license, services, warranty, indemnity, and support terms of the third-party manufacturer/supplier (or an applicable direct agreement between Distributor You and the third-third- party manufacturer/supplier) for the Third Party Offering. Even if Dell invoices for them, Dell does not provide support services for Third-Party Offerings. Distributor You must contact the applicable third-party directly for support. Third-Party Offerings are provided “AS IS”. Any warranty, damages or indemnity claims against Dell for Third-Party Offerings are expressly excluded. Dell may suspend or terminate provision and hosting of any Third- Third-Party Offerings at any time, and that suspension or termination if so, will not be deemed a material change to the APEX Service for the purpose of Clause 3.2 (Material Modifications)provide You with as much prior notice as reasonably practicable.

Third-Party Offerings. Dell may offer Third-Party Products for use with the APEX Service through an online marketplace, or using Dell’s then-current Third-Party Product resale programs (e.g. “Extended Technologies Complete”, “Software & Peripherals (S&P)”). Third-Party Products that Distributor orders from Dell through these resale programs are referred to as “Third-Party Offerings”. Distributor may offer Third-Party Offerings to Reseller to offer to Customer for Customer’s use, at Distributor’s option, if available. If Distributor chooses to offer Third-Party Offerings to Reseller for Reseller to offer to Customer for Customer’s use, Distributor, Reseller, and Customer are responsible for complying with any terms applicable to the Third-Party Offerings, including any separate fees imposed by the provider of that Third-Party Offering (whether payable to Dell or directly to the third-party provider). Distributor agrees to comply with the standard license, services, warranty, indemnity, and support terms of the third-party manufacturer/supplier (or an applicable direct agreement between Distributor and the third-party manufacturer/supplier) for the Third Party Offering. Even if Dell invoices for them, Dell does not provide support services for Third-Party Offerings. Distributor must contact the applicable third-party directly for support. Third-Party Offerings are provided “AS IS”. Any warranty, damages or indemnity claims against Dell for in relation to such Third-Party Offerings Products are expressly excludedexcluded except where Dell caused the damages in willful misconduct or gross negligence. Dell may suspend or terminate provision and hosting of any Third- Third-Party Offerings at any time, and that suspension or termination will not be deemed a material change to the APEX Service for the purpose of Clause 3.2 (Material Modifications).

Third-Party Offerings. Dell may offer Third-Party Products for use with the APEX Service through an online marketplace, or using Dell’s then-current Third-Party Product resale programs (e.g. “Extended Technologies Complete”, “Software & Peripherals (S&P)”). Third-Party Products that Distributor Reseller orders from Dell through these resale programs are referred to as “Third-Party Offerings”. Distributor Reseller may offer Third-Party Offerings to Reseller to offer to Customer for Customer’s use, at DistributorReseller’s option, if available. If Distributor Reseller chooses to offer Third-Party Offerings to Reseller for Reseller to offer to Customer for Customer’s use, Distributor, Reseller, Reseller and Customer are responsible for complying with any terms applicable to the Third-Party Offerings, including any separate fees imposed by the provider of that Third-Party Offering (whether payable to Dell or directly to the third-party provider). Distributor Reseller agrees to comply with the standard license, services, warranty, indemnity, and support terms of the third-party manufacturer/supplier (or an applicable direct agreement between Distributor Reseller and the third-party manufacturer/supplier) for the Third Third-Party Offering. Even if Dell invoices for them, Dell does not provide support services for Third-Party Offerings. Distributor Reseller must contact the applicable third-party directly for support. Third-Party Offerings are provided “AS IS”. Any warranty, damages or indemnity claims against Dell for Third-Party Offerings are expressly excluded. Dell may suspend or terminate provision and hosting of any Third- Third-Party Offerings at any time, and that suspension or termination will not be deemed a material change to the APEX Service for the purpose of Clause 3.2 (Material Modifications).

Third-Party Offerings. Dell may offer Third-Party Products for use with the APEX Service through an online marketplacemarketplace on the APEX Console, or using Dell’s then-current Third-Party Product resale programs (e.g. “"Extended Technologies Complete”", “"Software & Peripherals (S&P)”"). Third-Party Products that Distributor orders You order from Dell through these resale programs are referred to as “"Third-Party Offerings”". Distributor You may offer Third-Party Offerings to Reseller to offer to Customer for Customer’s use, at Distributor’s Your option, if available. If Distributor chooses You choose to offer Third-Party Offerings to Reseller for Reseller to offer to Customer for Customer’s use, DistributorYou, Reseller, and Customer are responsible for complying with any terms applicable to the Third-Party Offerings, including any separate fees imposed by the provider of that Third-Party Offering (whether payable to Dell or directly to the third-party provider). Distributor agrees You agree to comply with the standard license, services, warranty, indemnity, and support terms of the third-party manufacturer/supplier (or an applicable direct agreement between Distributor You and the third-third- party manufacturer/supplier) for the Third Party Offering. Even if Dell invoices for them, Dell does not provide support services for Third-Party Offerings. Distributor You must contact the applicable third-party directly for support. Third-Party Offerings are provided “"AS IS”". Any warranty, damages or indemnity claims against Dell for Third-Party Offerings are expressly excluded. Dell may suspend or terminate provision and hosting of any Third- Third-Party Offerings at any time, and that suspension or termination will not be deemed a material change to the APEX Service for the purpose of Clause 3.2 (Material Modifications).

Third-Party Offerings. Dell may offer Third-Party Products for use with the APEX Service through an online marketplace, or using Dell’s then-current Third-Party Product resale programs (e.g. “Extended Technologies Complete”, “Software & Peripherals (S&P)”). Third-Party Products that Distributor Reseller orders from Dell through these resale programs are referred to as “Third-Party Offerings”. Distributor Reseller may offer Third-Party Offerings to Reseller to offer to Customer for Customer’s use, at DistributorReseller’s option, if available. If Distributor Reseller chooses to offer Third-Party Offerings to Reseller for Reseller to offer to Customer for Customer’s use, Distributor, Reseller, Reseller and Customer are responsible for complying with any terms applicable to the Third-Party Offerings, including any separate fees imposed by the provider of that Third-Party Offering (whether payable to Dell or directly to the third-party provider). Distributor Reseller agrees to comply with the standard license, services, warranty, indemnity, and support terms of the third-party manufacturer/supplier (or an applicable direct agreement between Distributor Reseller and the third-party manufacturer/supplier) for the Third Third-Party Offering. Even if Dell invoices for them, Dell does not provide support services for Third-Party Offerings. Distributor Reseller must contact the applicable third-party directly for support. Third-Party Offerings are provided “AS IS”. Any warranty, damages or indemnity claims against Dell for Third-Party Offerings are expressly excluded. Dell may suspend or terminate provision and hosting of any Third- Third-Party Offerings at any time, and if so, will provide Reseller with as much prior notice as reasonably practicable, and that suspension or termination will not be deemed a material change to the APEX Service for the purpose of Clause 3.2 (Material Modifications).

Third-Party Offerings. Dell may offer Third-Party Products for use with the APEX Service through an online marketplacemarketplace on the APEX Console, or using Dell’s then-current Third-Party Product resale programs (e.g. “Extended Technologies Complete”, “Software & Peripherals (S&P)”). Third-Party Products that Distributor orders You order from Dell through these resale programs are referred to as “Third-Party Offerings”. Distributor You may offer Third-Party Offerings to Reseller to offer to Customer for Customer’s use, at Distributor’s Your option, if available. If Distributor chooses You choose to offer Third-Party Offerings to Reseller for Reseller to offer to Customer for Customer’s use, DistributorYou, Reseller, and Customer are responsible for complying with any terms applicable to the Third-Party Offerings, including any separate fees imposed by the provider of that Third-Party Offering (whether payable to Dell or directly to the third-party provider). Distributor agrees You agree to comply with the standard license, services, warranty, indemnity, and support terms of the third-party manufacturer/supplier (or an applicable direct agreement between Distributor You and the third-third- party manufacturer/supplier) for the Third Party Offering. Even if Dell invoices for them, Dell does not provide support services for Third-Party Offerings. Distributor You must contact the applicable third-party directly for support. Third-Party Offerings are provided “AS IS”. Any You agree to seek recourse from the applicable third-party provider for any claim for indemnity, breach of warranty, or damages or indemnity claims against Dell for relating to any Third-Party Offerings are expressly excludedOffering. Dell may suspend or terminate provision and hosting of any Third- Third-Party Offerings at any time, and that suspension or termination will not be deemed a material change to the APEX Service for the purpose of Clause 3.2 (Material Modifications).