PopUp Flow Down Terms and Conditions
Subject to the terms and conditions of the Reseller Agreement between the Reseller and PopUp Mainframe (PopUp), Reseller acknowledges that PopUp permits Reseller to enter into an End User Agreement with the end user customer, which shall include the following sections of the current version of the PopUp Product License and Services Agreement (available at https://www.popup-mainframe.com/legal), which is incorporated hereunder: Section 1.2, Definitions of “Documentation”, “License Term”, and “License Type”; Section 2 (License); Section 3 (Non-PopUp Software); Section 4 (Confidentiality); Section 5 (Warranty); Section 6 (Indemnification); Section 7 (Limitation of Liability); Section 8 (Expiration and Termination); Section 11.4 (Payment); and Section 12 (General). Reseller represents and warrants that it has executed an End User Agreement, which includes the above-listed flow down terms and conditions or a substantially similar agreement as the PopUp Product License and Services Agreement, with the End User as of the Effective Date of the End User Agreement. Reseller shall indemnify and hold PopUp harmless for any additional terms and conditions agreed to by Reseller and end user customer. In no event will PopUp be liable for any additional terms and conditions agreed to by Reseller and the end user customer.