SAP OBLIGATIONS Clause Samples

SAP OBLIGATIONS. 4.1. Instructions from Customer 4.1.1. SAP will process Personal Data only in accordance with documented instructions from Customer. The Agreement (including this DPA) constitutes such documented initial instructions and Customer may provide further instructions during the performance of the SAP Service. 4.1.2. SAP will use reasonable efforts to follow any other Customer instructions, as long as they are required by Data Protection Law, technically feasible and do not require changes to the performance of the SAP Service. If any of the before-mentioned exceptions apply, or SAP otherwise cannot comply with an instruction or is of the opinion that an instruction infringes Data Protection Law, SAP will immediately notify Customer (e-mail permitted). 4.2. Processing on Legal Requirement SAP may also process Personal Data where required to do so by applicable law. In such a case, SAP shall inform Customer of that legal requirement before processing unless that law prohibits such information on important grounds of public interest.

SAP OBLIGATIONS. 2.1 SAP shall process Personal Data only in accordance with the Data Controller’s instructions submitted by Customer. SAP shall use reasonable commercial efforts to follow and comply with the instructions received from Customer as long as they are legally required and technically feasible and do not require any material modifications to the functionality of the Service or underlying software. SAP shall notify Customer if SAP considers an instruction submitted by Customer to be in violation of the applicable Data Protection Law. SAP shall not be obligated to perform a comprehensive legal examination. If and to the extent SAP is unable to comply with an instruction it shall promptly notify (email permitted) Customer hereof. 2.2 SAP may, upon the instruction of Customer and with Customer’s necessary cooperation, correct, erase and/or block any Personal Data if and to the extent the functionality of the Service does not allow the Customer, its Data Controllers or Authorized Users to do so. In the event that SAP needs to access any of Customer’s systems or Customer’s instance of the Service remotely to execute an instruction or provide technical support, e.g. via application sharing, Customer hereby grants to SAP the permission for such remote access. Further, Customer will name a contact person that – if necessary – can grant to SAP the required access rights. 2.3 For processing Personal Data, SAP and its Subprocessors shall only use personnel who are subject to a binding obligation to observe data secrecy or secrecy of telecommunications, to the extent applicable, pursuant to the applicable Data Protection Law. SAP shall itself and shall require that its Subprocessors regularly train individuals to whom they grant access to Personal Data in data security and data privacy. 2.4 SAP shall, as a minimum, implement and maintain appropriate technical and organizational measures as described in Appendix 2 of the Exhibit to keep Personal Data secure and protect it against unauthorized or unlawful processing and accidental loss, destruction or damage. Since SAP provides the Service to all customers uniformly via a hosted, web-based application, all appropriate and then current technical and organizational measures apply to SAP’s entire customer base hosted out of the same data center and subscribed to the same Service. Customer understands and agrees that the technical and organizational measures are subject to technical progress and development. In that regard, SAP i...

SAP OBLIGATIONS. 4.1 SAP shall process personal data and other operating data of Customer and its Affiliates as provided to SAP by Customer, which may include (without limitation) the correction, erasure and/or the blocking of such data if and to the extent the functionality of the Service does not allow the Customer or Named User to do so. SAP shall notify Customer if SAP considers an instruction given by Customer on behalf of the data controller to be in violation of data protection laws. SAP shall not be obligated to perform a comprehensive legal examination. 4.2 For processing Customer Data, SAP shall only use personnel who have demonstrably committed themselves to observe data secrecy and secrecy of telecommunications pursuant to the applicable data protection laws. SAP shall use commercially reasonable efforts to ensure that those employees to whom it grants access to Customer Data are regularly trained on IT security and data protection. 4.3 SAP shall implement all technical and organizational measures to comply with requirements pursuant to applicable data protection laws. SAP undertakes to Customer that it has taken and will, on a continuing basis, take appropriate technical and organizational measures to keep Customer Data secure and protect it against unauthorized or unlawful processing and accidental loss, destruction or damage. In particular, SAP shall take and regularly check the following protection measures, as further described in Appendix 2: a) Physical access control: SAP shall install an access control system. b) Access control: SAP shall control and log access to data processing systems. c) Access limitation control: SAP shall define, implement and monitor a concept for user rights, rules for passwords and login procedures to remotely or physically access the Service by its personnel, as required to operate, maintain, support or secure the Service. d) Transmission control: SAP shall ensure Customer Data transmission in encrypted form or by a secure alternative procedure. Transmissions must be logged and guidelines for Customer Data transmissions must be laid down in writing. e) Input control: SAP shall implement a detailed logging system for input, modification and deletion or blocking of Customer Data to the greatest extent supported by the Service. f) Job control: SAP shall define in writing and establish control mechanisms to ensure that Customer Data is processed strictly in accordance with the instructions of the data controller as provided to SAP...

SAP OBLIGATIONS. 2.1.1 SAP will nominate a contact person who will coordinate any revenue related topics between the Parties under this Exhibit. This person shall be the SPOC for the Partner who is authorized to make or accept required declarations on behalf of SAP. SAP will publish applicable fees on SAP price list or any other pricing document made available to Partner for the purposes the Agreement. 2.1.2 SAP will provide Partner access to the development licenses for the purposes of this Agreement as described in Exhibit A – 1 (Development Licenses). 2.1.3 SAP agrees to provide Partner access to the SAP Store subject to the terms and conditions outlined in Exhibit B – 2 (SAP Store). 2.1.4 SAP agrees to provide to Partner a SAP Platform Partner Base Service which currently encompasses the following: Access to partner service advisors with the necessary details including telephone and e-mail information. The partner service advisor may provide Partner with an enablement plan for partner organization, may facilitate technical knowledge related to SAP products and solutions, new features, and may orchestrate access to other SAP Services (“SAP Services”), such as: • Business enablement services • Access to SAP community forums • Technical enablement services: o Access to product documentation, online tutorials and other learning material o Online (remote) enablement sessions regarding SAP Platform components & tools o Access to SAP technology and application roadmaps • Marketing and sales enablement services: o Partner reference letter o Listing in SAP Platform Partner Directory o Best practices for SAP Store listings SAP reserves the right to reassign an advisor without notice. SAP may adjust the description of the advisor’s role, tasks and change add or stop SAP Services or elements thereof upon prior written notice to the partner, e.g. via web-based publication of an applicable SAP PartnerEdge program guide which will be incorporated herein by reference. Access to SAP Services which are Innovation Pack-specific require that Partner has subscribed to the corresponding Innovation Pack.

SAP OBLIGATIONS. 2.1. SAP will allow Customer to incorporate the Customer Solution into Customer’s Cloud Service environment.

SAP OBLIGATIONS. SAP will nominate a contact person who will coordinate any revenue related topics between the Parties under this Appendix. This person shall be the single point of contact for the Company who is authorized to make or accept required declarations on behalf of SAP.

SAP OBLIGATIONS. 3.1 SAP will provide Customer access to the Cloud Applications Studio for the purposes of this Agreement. 3.2 SAP will provide Customer with required information to allow Customer to keep the Customer Solution compatible and interoperable with the Customer´s SAP Cloud Solution subscription. 3.3 SAP will incorporate the Customer Solution into Customer´s SAP Cloud Solution environment. SAP shall not be responsible for the support of the Customer Solution. SAP will activate or de- activate the Customer Solution upon notification by Customer. SAP is not responsible for uploading the Customer Solution into Customer’s SAP Cloud Solution environment. SAP reserves the right to refuse to incorporate the Customer Solution into Customer’s SAP Cloud Solution Environment, or to temporarily or permanently deactivate the Customer Solution at any time if (i) SAP reasonably believes such Customer Solution may have a negative impact on Customer´s SAP Cloud Solution system or (ii), Customer is in breach of any term or condition of its Agreement with SAP. Use of the Customer Solution is at Customer’s sole risk and SAP shall not be responsible for any changes or modifications of Customer Data by or through the Customer Solution. SAP incorporates the Customer Solution into Customer’s SAP Cloud Solution environment free of charge, “AS IS” and without any warranty, express or implied. SAP does not warrant that the Customer Solution is or will be available without interruption, including, without limitation, during any standard maintenance windows for the SAP Cloud Solution. However, SAP will use reasonable endeavours to make the Customer Solution available based on the SAP Cloud Solution service level agreement applicable to the SAP Cloud Solution. SAP shall not be responsible for any negative impact of the Customer Solution -on on the availability, functionality or performance of Customer´s SAP Cloud Solution system.

SAP OBLIGATIONS. SAP shall follow its archiving procedures for Customer Data as set out in the SAP Hybris Commerce, cloud edition Services Description. In the event of any loss or damage to Customer Data, SAP shall use commercially reasonable efforts to restore the lost or damaged Customer Data from the latest back- up of such Customer Data maintained by SAP in accordance with the archiving procedure described in its SAP Hybris Commerce, cloud edition Services Description. SAP shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party, (except those third parties sub- contracted by SAP to perform the Cloud Service). 4.2. SAP의 의무. SAP는 SAP Hybris Commerce, cloud edition 서비스 내역에 명시된 것처럼 고객 데이터에 대한 자체 아카이빙 절차를 따릅니다. 고객 데이터에 손실 또는 손상이 발생하는 경우, SAP는 SAP Hybris Commerce, cloud edition 서비스 내역에 명시된 아카이빙 절차에 따라 SAP가 유지관리하는 그러한 고객 데이터의 최신 백업으로부터 손실 또는 손상된 고객 데이터를 복구하기 위해 상업적으로 타당한 노력을 기울입니다. SAP는 제3자가 야기한 고객 데이터의 손실, 파괴, 변경 또는 공개에 대해 책임을 지지 않습니다(단, 그러한 제3자가 클라우드 서비스를 수행하도록 SAP로부터 하청을 받은 경우는 제외).

SAP OBLIGATIONS. 4.1. Instructions from Customer 4.1.1. SAP will process Personal Data only in accordance with documented instructions from Customer. The Agreement (including this DPA) constitutes such documented initial instructions and Customer may provide further instructions during the performance of the SAP Service.