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 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 offer Third-Party Offerings to Customer for Customer’s use, at Your option, if available. If You choose to offer Third-Party Offerings to Customer for Customer’s use, 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). 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 if so, will 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 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 offer Third-Party Offerings to Customer for Customer’s use, at Your option, if available. If You choose to offer Third-Party Offerings to Customer for Customer’s use, 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). 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 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-Party Offerings at any time, and if so, that suspension or termination will provide You with as much prior notice as reasonably practicablenot be deemed a material change to the APEX Service for the purpose of Clause 3.2 (Material Modifications).