270 Legal [Sample Agreements]

SUN SERVICEMANAGER SM AGREEMENT

This Sun ServiceManagerSM Agreement (“Agreement”) is entered into between Sun Microsystems, Inc., with its principal place of business at 901 San Antonio Road, Palo Alto, California 94303 (“Sun”) and Strategic Technologies, Inc., with its principal place of business at 301 Gregson Drive Cary, North Carolina 27511 (“Reseller”). Reseller is an authorized Sun Direct Value Added Reseller (“DVAR”) or Indirect Value Added Reseller (“IVAR”) (Reseller Agreement No CS-US-004107-R) in the United States.

1. SCOPE. This Agreement establishes the terms and conditions under which Reseller will market and sell, or incorporate for resale, Sun hardware maintenance, software support and other services (“Services”) in the United States to end-user support customers other than the Federal Government (“Support Customers”). Services include, but are not limited to, Sun’s service support programs (“Support Programs”), educational services and consulting services.

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3. RESELLER OBLIGATIONS.

3.1 Sale and Support. Reseller will use its best efforts to offer, promote, market and sell Services. The sale and support of Services must be performed at all times by Reseller’s full-time personnel who are trained and certified as specified by Sun. Reseller will contract with its Support Customers to provide Services which it resells to its Support Customer on terms substantially similar in all material respects to those contained in Sun’s end-user contracts. Notwithstanding the foregoing, Reseller has the right to establish the prices, and all other commercial terms, at which it resells Services to its Support Customers.
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Click here for the complete Sun ServiceManager (sm) Agreement