Common use of U.S. Public Sector Restrictions and Regulations Clause in Contracts

U.S. Public Sector Restrictions and Regulations. You will not act as a reseller - either in the capacity of a prime contractor or a subcontractor - of Products or 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 NetApp Products and 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 This Keystone Flex Subscription Resale Terms Attachment to the Partner Agreement (“Keystone Resale Attachment”) provides additional terms and conditions regarding resale of NetApp Subscription Services (as defined below) to End Users.

U.S. Public Sector Restrictions and Regulations. You will not act as a reseller - either in the capacity of a prime contractor or a subcontractor - of Products or 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 NetApp Products and 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 You. This Keystone Flex Subscription Keystone® Storage-as-a-Service Resale Terms Attachment to the Partner Sphere Agreement (“Keystone XxxxX Resale Attachment”) provides sets forth the additional terms and conditions regarding resale of NetApp Subscription Services (as defined below) under which Partner may resell to End UsersUsers certain access and use rights to NetApp’s proprietary data storage capacity, paid for by End Users on a consumption basis (“XxxxX Services”).