Common use of Partner Orders Clause in Contracts

Partner Orders. This Section 9 applies if Customer purchases the Cloud Services products and/or Services through an authorized channel partner of Aternity (“Partner”). (a) Customer will pay the applicable fees to the Partner, as negotiated solely between Customer and the applicable Partner (instead of paying Aternity); the terms and conditions in Sections 7 and 8 and Sections 3(b) and 4 of Attachment A will not apply. (b) Any order details (identity of Cloud Services and Services purchased along with the number of licenses issued and the term of any applicable license or subscription) will be as stated in the Order submitted to Aternity by the Partner on Customer’s behalf. (c) If Customer is entitled to a refund under this Agreement, then unless otherwise specified by Aternity, Aternity will refund any applicable fees to the Partner and the Partner will be solely responsible for refunding the appropriate amounts to Customer. (d) Partners are not authorized to modify the terms of this Agreement or make any promises or commitments on Aternity’s behalf. (e) The amount paid or payable by the Partner to Aternity for Customer’s use of the applicable Cloud Product and/or Services under this Agreement will be deemed the amount actually paid or payable by Customer to Aternity under this Agreement for purposes of calculating the liability cap in Section 13.

Partner Orders. This Section 9 6 applies if Customer purchases the Cloud Services products Software and/or Services through an authorized channel partner of Aternity (“Partner”). (a) Customer will pay the applicable fees to the Partner, as negotiated solely between Customer and the applicable Partner (instead of paying Aternity); the terms and conditions in Sections 7 4 and 8 5 and Sections 3(b) and 4 of Attachment A will not apply. (b) Any order details (identity of Cloud Services Software and Services purchased along with the number of licenses issued and the term of any applicable license or subscription) will be as stated in the Order submitted to Aternity by the Partner on Customer’s behalf. (c) If Customer is entitled to a refund under this Agreement, then unless otherwise specified by Aternity, Aternity will refund any applicable fees to the Partner and the Partner will be solely responsible for refunding the appropriate amounts to Customer. behalf. (d) Partners are not authorized to modify the terms of this Agreement or make any promises or commitments on Aternity’s behalf.’s (e) The amount paid or payable by the Partner to Aternity for Customer’s use of the applicable Cloud Product Software and/or Services under this Agreement will be deemed the amount actually paid or payable by Customer to Aternity under this Agreement for purposes of calculating the liability cap in Section 139.