Subscriptions Purchased Through Resellers. The parties agree that Customer may purchase through Resellers Subscriptions that are governed by this Agreement. Orders for Subscriptions purchased through a Reseller, including multi-year Subscriptions, are not subject to cancellation by Customer. Where Customer purchases a Subscription through a Reseller, the Reseller will enter into an Order Form with Elastic for the purchase of a Subscription that shows Customer as the “ship to” party and Reseller as the “xxxx to” party, and Reseller and Customer will enter into a separate agreement setting forth the fees to be paid by Customer to Reseller for such Subscription, as well as any other terms or conditions that apply between them. Elastic hereby agrees that, subject to receiving payment from the Reseller, it shall be responsible to Customer, pursuant to the terms and conditions of this Agreement, for providing the Subscriptions under any such Order Form. Customer hereby acknowledges that Elastic will not be responsible for the obligations of any Reseller to Customer under such separate agreement, for the acts or omissions of Reseller, or for any third party products or services furnished to Customer by any Reseller. For the avoidance of doubt, Sections 3.1 and 3.2 below will be of no effect where Customer purchases a Subscription through a Reseller, as payment and taxes will be addressed in the agreement between Reseller and Customer.
Subscriptions Purchased Through Resellers. The parties agree that MSP may purchase through Resellers Subscriptions that are governed by this Agreement. Orders for Subscriptions purchased through a Reseller, including multi-year Subscriptions, are not subject to cancellation by MSP. Where MSP purchases a Subscription through a Reseller, the Reseller will enter into an Order Form with Elastic for the purchase of a Subscription that shows MSP as the “ship to” party and Reseller as the “xxxx to” party, and Reseller and MSP will enter into a separate agreement setting forth the fees to be paid by MSP to Reseller for such Subscription, as well as any other terms or conditions that apply between them. Elastic hereby agrees that, subject to receiving payment from the Reseller, it shall be responsible to MSP, pursuant to the terms and conditions of this Agreement, for providing the Subscriptions under any such Order Form. MSP hereby acknowledges that Elastic will not be responsible for the obligations of any Reseller to MSP under such separate agreement, for the acts or omissions of Reseller, or for any third party products or services furnished to MSP by any Reseller. For the avoidance of doubt, Sections 5.1 and 5.2 below will be of no effect where MSP purchases a Subscription through a Reseller, as payment and taxes will be addressed in the agreement between Reseller and MSP.
