Reseller Obligation Regarding End User License Agreement. Reseller acknowledges and agrees that all Software sold, distributed, or otherwise made available by Reseller to any end user or end customer (each, an “End Customer”) is subject to the End User License Agreement currently located at https://tecplot.com/eula/ (as may be updated by Company from time to time, the “EULA”). Prior to or contemporaneously with each sale, distribution, or other transfer of the Software to an End Customer, Reseller shall ensure that such End Customer has received, reviewed, and affirmatively agreed to be bound by the then-current version of the EULA. Reseller shall not deliver, activate, or otherwise provide access to the Software to any End Customer who has not agreed to the EULA.

No Modification of the EULA. Reseller shall not modify, supplement, or waive any term or condition of the EULA, nor make any representations or warranties to any End Customer on behalf of Company that are inconsistent with or in addition to those set forth in the EULA, without the prior written consent of Company.

Indemnification. Reseller shall indemnify, defend, and hold harmless Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) Reseller’s failure to obtain an End Customer’s acceptance of the EULA as required herein, or (b) any unauthorized modification of, or supplement to, the EULA made by Reseller.

Termination for Breach. A material breach of this provision by Reseller shall constitute a material breach of this Purchase Order and shall entitle Company, in addition to any other remedies available at law or in equity, to immediately terminate this Purchase Order and any related agreements upon written notice to Reseller.