End User License Agreement - Subscription Sample Contracts

END USER LICENSE AGREEMENT - SUBSCRIPTION
End User License Agreement - Subscription • September 16th, 2019 • Delaware

This End User License Agreement - Subscription (“Agreement”) is incorporated by reference into each order form and statement of work, and to any mutually agreed upon, and executed or accepted (as applicable) purchase order or other ordering document (“Order(s)”), by NetBrain (defined below) and the Customer or its Affiliate (defined below) identified in the Order. Each such Order, together with the terms and conditions of this Agreement, shall constitute a separate agreement. The NetBrain entity specified in the applicable Order shall constitute “NetBrain” for purposes of such Order and this Agreement, and Customer or the Customer’s Affiliate entering into the Order shall constitute “Customer” hereunder for purposes of such Order and this Agreement. For the avoidance of doubt, the contracting NetBrain entity shall be solely responsible for the performance of its obligations hereunder and no other NetBrain Affiliate shall have any responsibilities or liability with respect thereto. NetB