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 You order from Dell through these resale programs are referred to as “Third-Party Offerings”. You may use Third-Party Offerings, at Your option, if available. If You choose to use Third- Party Offerings, 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). 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 You 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. 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-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 You order from Dell through these resale programs are referred to as “Third-Party Offerings”. You may use Third-Party Offerings, at Your option, if available. If You choose to use Third- Third-Party Offerings, 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). 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 You 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. 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-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 – Part A (Material Modifications)provide You with as much prior notice as reasonably practicable.

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 You order from Dell through these resale programs are referred to as “Third-Party Offerings”. You may use Third-Party Offerings, at Your option, if available. If You choose to use Third- Third-Party Offerings, 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). 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 You 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. 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-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 – Part A (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 You order from Dell through these resale programs are referred to as “Third-Party Offerings”. You may use Third-Party Offerings, at Your option, if available. If You choose to use Third- Party Offerings, 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). 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 You 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. 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 excludedexcluded to the extent permitted by law. Dell may suspend or terminate provision and hosting of any Third-Party Offerings 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 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 You order from Dell through these resale programs are referred to as “Third-Party Offerings”. You may use Third-Party Offerings, at Your option, if available. If You choose to use Third- Third-Party Offerings, 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). 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 You 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. 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-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 – Part A 3.2.A (Material ModificationsOption to Terminate). Dell will use reasonable efforts to provide You with as much prior notice as reasonably practicable of such suspension or termination of Third-Party Offerings per above.

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 You order from Dell through these resale programs are referred to as “Third-Party Offerings”. You may use Third-Party Offerings, at Your option, if available. If You choose to use Third- Third-Party Offerings, 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). 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 You 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. You must contact the applicable third-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 marketplace, or using Dell’s then-current Third-Party Product resale programs (e.g. “Extended Technologies Complete”, “Software & Peripherals (S&P)”). Third-Party Products You order from Dell Channel Partner through these resale programs are referred to as “Third-Party Offerings”. You may use Third-Party Offerings, at Your option, if available. If You choose to use Third- Third-Party Offerings, 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). 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 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. You or Channel Partner 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 – Part A 3 (Material Modifications).