Common use of Red Hat Products Clause in Contracts

Red Hat Products. For this Program, “Red Hat Product(s)” means Software (including, without limitation, any pre-released versions) obtained from Red Hat, directly or indirectly. “Software” means Red Hat branded software provided by Red Hat and/or its Affiliates including all modifications, additions or further enhancements, in each case, which are delivered by or obtained from Red Hat, directly or via a third party, and in either binary or source code form or recompiled from source files which are obtained from Red Hat, directly or via a third party. Any Red Hat Products provided to Partner pursuant to this Program are not for resale (“NFR”) products. Partner’s use of the Red Hat Products is subject to the terms and conditions of the Agreement including the applicable End User License Agreement set forth at xxx.xxxxxx.xxx/xxxxxxxx/xxxxx. Merely removing the Red Hat Marks does not change the fact that it is Software obtained from Red Hat nor does it eliminate any payment or other obligations to Red Hat.