Common use of Reseller Clause in Contracts

Reseller. If the Customer received the Write-Back Cloud Product under an agreement (“Partner Agreement”) with an authorized Xpand IT Reseller then, notwithstanding anything to the contrary in this Agreement: (a) the Customer use of Write-Back Cloud Product is subject to any additional terms in the Partner Agreement, including any limitations on use of Write-Back Cloud Product in conjunction with third-party applications; and (b) The Customer agrees to pay the Reseller the fees agreed in the Partner Agreement and the Customer have no direct payment obligations to Xpand IT for that purchase. If the Customer warranty and support terms stated in your Partner Agreement are different than what is stated in Sections 11 and 7, then Xpand IT has no warranty or support obligations to the Customer under this Agreement (although the disclaimers of warranties in Section 7.2 still apply to you). If the Customer warranty and support terms passed on in the Partner Agreement are as stated herein, then Sections 11 and 7 shall apply to the Customer as written. Notwithstanding anything in this Agreement to the contrary, (i) the Partner Agreement may not modify any of the remaining terms of this Agreement and (ii) the Partner Agreement is between the Customer and the Reseller and is not binding on Xpand IT. Xpand IT may terminate this Agreement (including your right to use Write-Back Cloud Product) in the event Xpand IT fails to receive payment for the Customer use of Write-Back Cloud Product from the Reseller or if the Customer breaches any term of this Agreement.

Reseller. ‌ If the Customer received the Write-Back Cloud Power BI Product under an agreement (“Partner Agreement”) with an authorized Xpand IT Reseller then, notwithstanding anything to the contrary in this Agreement: (a) the Customer use of Write-Back Cloud Power BI Product is subject to any additional terms in the Partner Agreement, including any limitations on use of Write-Back Cloud Power BI Product in conjunction with third-party applications; and (b) The Customer agrees to pay the Reseller the fees agreed in the Partner Agreement and the Customer have no direct payment obligations to Xpand IT for that purchase. If the Customer warranty and support terms stated in your Partner Agreement are different than what is stated in Sections 11 and 7, then Xpand IT has no warranty or support obligations to the Customer under this Agreement (although the disclaimers of warranties in Section 7.2 still apply to you). If the Customer warranty and support terms passed on in the Partner Agreement are as stated herein, then Sections 11 and 7 shall apply to the Customer as written. Notwithstanding anything in this Agreement to the contrary, (i) the Partner Agreement may not modify any of the remaining terms of this Agreement and (ii) the Partner Agreement is between the Customer and the Reseller and is not binding on Xpand IT. Xpand IT may terminate this Agreement (including your right to use Write-Back Cloud Power BI Product) in the event Xpand IT fails to receive payment for the Customer use of Write-Back Cloud Power BI Product from the Reseller or if the Customer breaches any term of this Agreement.

Reseller. If the Customer received the Write-Back Cloud Power BI Product under an agreement (“Partner Agreement”) with an authorized Xpand IT Reseller then, notwithstanding anything to the contrary in this Agreement: (a) the Customer use of Write-Back Cloud Power BI Product is subject to any additional terms in the Partner Agreement, including any limitations on use of Write-Back Cloud Power BI Product in conjunction with third-party applications; and (b) The Customer agrees to pay the Reseller the fees agreed in the Partner Agreement and the Customer have no direct payment obligations to Xpand IT for that purchase. If the Customer warranty and support terms stated in your Partner Agreement are different than what is stated in Sections 11 and 7, then Xpand IT has no warranty or support obligations to the Customer under this Agreement (although the disclaimers of warranties in Section 7.2 still apply to you). If the Customer warranty and support terms passed on in the Partner Agreement are as stated herein, then Sections 11 and 7 shall apply to the Customer as written. Notwithstanding anything in this Agreement to the contrary, (i) the Partner Agreement may not modify any of the remaining terms of this Agreement and (ii) the Partner Agreement is between the Customer and the Reseller and is not binding on Xpand IT. Xpand IT may terminate this Agreement (including your right to use Write-Back Cloud Power BI Product) in the event Xpand IT fails to receive payment for the Customer use of Write-Back Cloud Power BI Product from the Reseller or if the Customer breaches any term of this Agreement.