Common use of AGREEMENTS WITH CUSTOMERS Clause in Contracts

AGREEMENTS WITH CUSTOMERS. The Products are provided by the Third Party Vendor. All Terms of Use or Service as established by the Third Party Vendor and as set forth inter alia at xxxxx://xxx.xxxxxxx.xxx/company/legal/license-agreements, including all separate agreements set forth therein, shall apply to the VAR’s resale activity and to the VAR’s Customers, including but not limited to the VAR’s indemnity of the Third Party Vendor based upon the VAR’s acts or omissions and including indemnity of the Third Party Vendor for any infringement claims arising from the combination by the VAR and/or Customers of Third Party Vendor’s intellectual property with the VAR or any third party’s intellectual property. The VAR agrees to provide each Customer with terms of use and gain their acceptance. You covenant, represent and warrant that you will present the Microsoft Cloud Agreement to each of your Customers and obtain their enforceable agreement to the Microsoft Cloud Agreement before permitting them to access or use the Products. You covenant, represent and warrant that no subscription for the Products shall be activated for or used by your Customers before the Customer agrees to the Terms of Use. You will track and record acceptance by your Customers of the Terms of Use or Service and will provide such information to the Company upon request. The Company may modify these terms and conditions at any time. SCHEDULE 5 - VEEAM 1. PRODUCTS VEEAM

AGREEMENTS WITH CUSTOMERS. The Products are provided by the Third Party Vendor. All Terms of Use or Service as established by the Third Party Vendor and as set forth inter alia at xxxxx://xxx.xxxxxxx.xxx/company/legal/license-agreements, including all separate agreements set forth therein, the Microsoft Cloud Agreement ( xxxxx://xxxx.xxxxxxxxx.xxx/en-us/partner-center/agreements ) shall apply to the VAR’s resale activity and to the VAR’s Customers, including but not limited to the VAR’s indemnity of the Third Party Vendor based upon the VAR’s acts or omissions and including indemnity of the Third Party Vendor for any infringement claims arising from the combination by the VAR and/or Customers of Third Party Vendor’s intellectual property with the VAR or any third party’s intellectual property. The VAR agrees to provide each Customer with terms of use and gain their acceptance. You covenant, represent and warrant that you will present the Microsoft Cloud Agreement to each of your Customers and obtain their enforceable agreement to the Microsoft Cloud Agreement before permitting them to access or use the Products. You covenant, represent and warrant that no subscription for the Products shall be activated for or used by your Customers before the Customer agrees to the Terms of Use. You will track and record acceptance by your Customers of the Terms of Use or Service and will provide such information to the Company upon request. The Company may modify these terms and conditions at any time. SCHEDULE 5 - VEEAM 1. PRODUCTS VEEAM.