Common use of Indirect Purchases Clause in Contracts

Indirect Purchases. If You purchase XaaS Services from a Hitachi Partner, Hitachi will provide the XaaS Services to You under these Terms and the applicable Service Catalogue (if any), which will form the binding “XaaS Agreement” between Hitachi and You for the applicable XaaS Services as further described in the Definitions section. You will enter a separate agreement with the Hitachi Partner for the purchase of the XaaS Services covering matters such as ordering, pricing, commitment, service credits (if any) and payment terms. Hitachi will not be a party to, nor will be bound by the terms of Your agreement with the Hitachi Partner. Any terms of the agreement between the Hitachi Partner and You will not apply to the XaaS Agreement.

Indirect Purchases. If You purchase XaaS Services from a Hitachi Partner, Hitachi will provide the XaaS Services to You under these Terms and the applicable Service Catalogue (if any), which will form the binding “XaaS Agreement” between Hitachi Partner and You for the applicable XaaS Services as further described in the Definitions section. You will enter a separate agreement with the Hitachi Partner for the purchase of the XaaS Services covering matters such as ordering, pricing, commitment, service credits (if any) and payment terms. Hitachi will not be a party to, nor will be bound by the terms of Your agreement with the Hitachi Partner. Any terms of the agreement between the Hitachi Partner and You will not apply to the XaaS Agreement.