Common use of AUTHORIZED PARTNERS Clause in Contracts

AUTHORIZED PARTNERS. If Customer licensed the Software through an authorized reseller, partner or OEM of Exasol (“Authorized Partner”) then, notwithstanding anything to the contrary in this Agreement: (a) Customer’s use of the Software is subject to any additional terms in its agreement with the Authorized Partner; provided that such additional terms shall not negate or otherwise modify the terms of this Agreement; (b) Customer agrees to pay the Authorized Partner the Fees and other applicable fees, and Customer will have no direct Fee payment obligations to Exasol for such Software; (c) Customer’s agreement with the Authorized Partner is between Customer and the Authorized Partner and is not binding on Exasol; and (d) Exasol may terminate this Agreement (including Customer’s right to use the Software) if Exasol does not receive payment for Customer’s use of the Software from the Authorized Partner or if Customer breaches any term of this Agreement. If Customer’s warranty and support terms stated in its agreement with the Authorized Partner are different from those set forth in this Agreement, then such different terms are solely between Customer and the Authorized Partner and Exasol will have no obligations to Customer under this Agreement with respect to such different terms. Except as set forth in the preceding sentence, if there is any conflict or inconsistency between this Agreement and Customer’s agreement with Authorized Partner, then this Agreement will control (and will resolve such inconsistency) as between Exasol and Customer.

AUTHORIZED PARTNERS. If Customer licensed acquired the Software through an authorized reseller, partner or OEM of Exasol (“Authorized Partner”) then, notwithstanding anything to the contrary in this Agreement: (a) Customer’s use of the Software is subject to any additional terms in its the agreement with provided by the Authorized Partner; provided that such additional terms shall not negate or otherwise modify the terms of this Agreement; (b) Customer agrees to pay the Authorized Partner the Fees and other applicable fees, and Customer will have no direct Fee payment obligations to Exasol for such Software; (c) Customer’s agreement with the Authorized Partner is between Customer and the Authorized Partner and is not binding on Exasol; and (d) Exasol may terminate this Agreement (including Customer’s right to use the Software) if Exasol does not receive payment for Customer’s use of the Software from the Authorized Partner or if Customer breaches any term of this Agreement. If Customer’s warranty and support terms stated in its agreement with the Authorized Partner are different from those set forth in this Agreement, then such different terms are solely between Customer and the Authorized Partner and Exasol will have no obligations to Customer under this Agreement with respect to such different terms. Except as set forth in the preceding sentence, if there is any conflict or inconsistency between this Agreement and Customer’s agreement with Authorized Partner, then this Agreement will control (and will resolve such inconsistency) as between Exasol and Customer.

AUTHORIZED PARTNERS. If Customer licensed acquired the Software through an authorized reseller, partner partner, distributor or OEM of Exasol Outcold Solutions (“Authorized Partner”) then, notwithstanding anything to the contrary in this Agreement: (a) Customer’s use of the Software is subject to any additional terms in its the agreement with provided by the Authorized Partner; provided that such additional terms shall not negate or otherwise modify the terms of this Agreement; (b) Customer agrees to pay the Authorized Partner the License Fees and other applicable fees, and Customer will have no direct License Fee payment obligations to Exasol Outcold Solutions for such Software; (c) Customer’s agreement with the Authorized Partner is between Customer and the Authorized Partner and is not binding on ExasolOutcold Solutions; and (d) Exasol Outcold Solutions may terminate this Agreement (including Customer’s right to use the Software) if Exasol Outcold Solutions does not receive payment for Customer’s use of the Software from the Authorized Partner or if Customer breaches any term of this Agreement. If Customer’s warranty and support terms stated in its agreement with the Authorized Partner are different from those set forth in this Agreement, then such different terms are solely between Customer and the Authorized Partner and Exasol Outcold Solutions will have no obligations to Customer under this Agreement with respect to such different terms. Except as set forth in the preceding sentence, if there is any conflict or inconsistency between this Agreement and Customer’s agreement with Authorized Partner, then this Agreement will control (and will resolve such inconsistency) as between Exasol Outcold Solutions and Customer.

AUTHORIZED PARTNERS. If Customer licensed acquired the Software through an authorized reseller, partner or OEM of Exasol Cyphre (“Authorized Partner”) then, notwithstanding anything to the contrary in this License Agreement: (a) Customer’s use of the Software is subject to any additional terms in its the agreement with provided by the Authorized Partner; provided that such additional terms shall not negate or otherwise modify the terms of this Agreement; (b) Customer agrees to pay the Authorized Partner the Fees and other applicable fees, and Customer will have no direct Fee payment obligations to Exasol Cyphre for such Software; (c) Customer’s agreement with the Authorized Partner is between Customer and the Authorized Partner and is not binding on ExasolCyphre; and (d) Exasol Cyphre may terminate this License Agreement (including Customer’s right to use the Software) if Exasol Cyphre does not receive payment for Customer’s use of the Software from the Authorized Partner or if Customer breaches any term of this License Agreement. If Customer’s warranty and support terms stated in its agreement with the Authorized Partner are different from those set forth in this License Agreement, then such different terms are solely between Customer and the Authorized Partner and Exasol Cyphre will have no obligations to Customer under this License Agreement with respect to such different terms. Except as set forth in the preceding sentence, if there is any conflict or inconsistency between this License Agreement and Customer’s agreement with Authorized Partner, then this License Agreement will control (and will resolve such inconsistency) as between Exasol Cyphre and Customer.

AUTHORIZED PARTNERS. If Customer licensed acquired the Software through an authorized reseller, partner or OEM of Exasol 4Securitas (“Authorized Partner”) then, notwithstanding anything to the contrary in this Agreement: (a) Customer’s use of the Software is subject to any additional terms in its the agreement with provided by the Authorized Partner; provided that such additional terms shall not negate or otherwise modify the terms of this Agreement; (b) Customer agrees to pay the Authorized Partner the Fees and other applicable fees, and Customer will have no direct Fee payment obligations to Exasol 4Securitas for such Software; (c) Customer’s agreement with the Authorized Partner is between Customer and the Authorized Partner and is not binding on Exasol4Securitas; and (d) Exasol 4Securitas may terminate this Agreement (including Customer’s right to use the Software) if Exasol 4Securitas does not receive payment for Customer’s use of the Software from the Authorized Partner or if Customer breaches any term of this Agreement. If Customer’s warranty and support terms stated in its agreement with the Authorized Partner are different from those set forth in this Agreement, then such different terms are solely between Customer and the Authorized Partner and Exasol 4Securitas will have no obligations to Customer under this Agreement with respect to such different terms. Except as set forth in the preceding sentence, if there is any conflict or inconsistency between this Agreement and Customer’s agreement with Authorized Partner, then this Agreement will control (and will resolve such inconsistency) as between Exasol 4Securitas and Customer.

AUTHORIZED PARTNERS. If Customer licensed acquired the Software through an authorized reseller, partner partner, distributor or OEM of Exasol Outcold Solutions (the “Authorized Partner”) then, notwithstanding anything to the contrary in this Agreement: (a) Customer’s use of the Software is subject to any additional terms in its the agreement with provided by the Authorized Partner; provided that such additional terms shall not negate or otherwise modify the terms of this Agreement; (b) Customer agrees to pay the Authorized Partner the License Fees and other applicable fees, and Customer will have no direct License Fee payment obligations to Exasol Outcold Solutions for such Software; (c) Customer’s agreement with the Authorized Partner is between Customer and the Authorized Partner and is not binding on ExasolOutcold Solutions; and (d) Exasol Outcold Solutions may terminate this Agreement (including Customer’s right to use the Software) if Exasol Splunk does not receive payment for Customer’s use of the Software from the Authorized Partner or if Customer breaches any term of this Agreement. If Customer’s warranty and support terms stated in its agreement with the Authorized Partner are different from those set forth in this Agreement, then such different terms are solely between Customer and the Authorized Partner and Exasol Splunk will have no obligations to Customer under this Agreement with respect to such different terms. Except as set forth in the preceding sentence, if there is any conflict or inconsistency between this Agreement and Customer’s agreement with Authorized Partner, then this Agreement will control (and will resolve such inconsistency) as between Exasol Outcold Solutions and Customer.

AUTHORIZED PARTNERS. If Customer licensed acquired the Software Services through an authorized reseller, partner or OEM of Exasol Chronicle (“Authorized Partner”“) then, notwithstanding anything to the contrary in this Agreement: (a) Customer’s use of the Software Services is subject to any additional terms in its the agreement with provided by the Authorized Partner; provided that such additional terms shall not negate or otherwise modify the terms of this Agreement; (b) Customer agrees to pay the Authorized Partner the Fees and other applicable fees, and Customer will have no direct Fee payment obligations to Exasol Chronicle for such SoftwareServices; (c) Customer’s agreement with the Authorized Partner is between Customer and the Authorized Partner and is not binding on ExasolChronicle; and (d) Exasol Chronicle may terminate this Agreement (including Customer’s right to use the SoftwareServices) if Exasol Chronicle does not receive payment for Customer’s use of the Software Services from the Authorized Partner or if Customer breaches any term of this Agreement. If Customer’s warranty and support service terms stated in its agreement with the Authorized Partner are different from those set forth in this Agreement, then such different terms are solely between Customer and the Authorized Partner and Exasol Chronicle will have no obligations to Customer under this Agreement with respect to such different terms. Except as set forth in the preceding sentence, if there is any conflict or inconsistency between this Agreement and Customer’s agreement with Authorized Partner, then this Agreement will control (and will resolve such inconsistency) as between Exasol Chronicle and Customer.

AUTHORIZED PARTNERS. If Customer licensed acquired the Software through an authorized reseller, partner or OEM of Exasol EXASOL (“Authorized Partner”) then, notwithstanding anything to the contrary in this Agreement: (a) Customer’s use of the Software is subject to any additional terms in its the agreement with provided by the Authorized Partner; provided that such additional terms shall not negate or otherwise modify the terms of this Agreement; (b) Customer agrees to pay the Authorized Partner the Fees and other applicable fees, and Customer will have no direct Fee payment obligations to Exasol EXASOL for such Software; (c) Customer’s agreement with the Authorized Partner is between Customer and the Authorized Partner and is not binding on ExasolEXASOL; and (d) Exasol EXASOL may terminate this Agreement (including Customer’s right to use the Software) if Exasol EXASOL does not receive payment for Customer’s use of the Software from the Authorized Partner or if Customer breaches any term of this Agreement. If Customer’s warranty and support terms stated in its agreement with the Authorized Partner are different from those set forth in this Agreement, then such different terms are solely between Customer and the Authorized Partner and Exasol EXASOL will have no obligations to Customer under this Agreement with respect to such different terms. Except as set forth in the preceding sentence, if there is any conflict or inconsistency between this Agreement and Customer’s agreement with Authorized Partner, then this Agreement will control (and will resolve such inconsistency) as between Exasol EXASOL and Customer.

AUTHORIZED PARTNERS. If Customer licensed acquired the Software through an authorized reseller, partner or OEM of Exasol Splunk (“Authorized Partner”) then, notwithstanding anything to the contrary in this Agreement: (a) Customer’s use of the Software is subject to any additional terms in its the agreement with provided by the Authorized Partner; provided that such additional terms shall not negate or otherwise modify the terms of this Agreement; (b) Customer agrees to pay the Authorized Partner the License Fees and other applicable fees, and Customer will have no direct License Fee payment obligations to Exasol Splunk for such Software; (c) Customer’s agreement with the Authorized Partner is between Customer and the Authorized Partner and is not binding on ExasolSplunk; and (d) Exasol Splunk may terminate this Agreement (including Customer’s right to use the Software) if Exasol Splunk does not receive payment for Customer’s use of the Software from the Authorized Partner or if Customer breaches any term of this Agreement. If Customer’s warranty and support terms stated in its agreement with the Authorized Partner are different from those set forth in this Agreement, then such different terms are solely between Customer and the Authorized Partner and Exasol Splunk will have no obligations to Customer under this Agreement with respect to such different terms. Except as set forth in the preceding sentence, if there is any conflict or inconsistency between this Agreement and Customer’s agreement with Authorized Partner, then this Agreement will control (and will resolve such inconsistency) as between Exasol Splunk and Customer.