Common use of SEVERABILITY; INJUNCTIVE RELIEF Clause in Contracts

SEVERABILITY; INJUNCTIVE RELIEF. 16.1 The terms of the Agreement are severable. If any term hereof is held invalid, illegal, or unenforceable for any reason whatsoever, such term shall be enforced to the fullest extent permitted by applicable law, and the validity, legality, and enforceability of the remaining terms shall not in any way be affected or impaired thereby. 16.2 Both parties acknowledge that remedies at law may be inadequate to provide Licensor or OEM with full compensation in the event of OEM's material breach of sections 7.2 (Trademarks) or 7.5 (Reverse Engineering, Source Code) with respect to Licensor’s Confidential Information and its Trademarks or Licensor's material breach of section 7.5 with respect to OEM’s Confidential Information, and that the non- breaching party shall therefore be entitled to seek injunctive relief in the event of any such material breach. It is not the intention under this Agreement for Licensor to process personal data of Partners or End Users (except for the usage of the SAP HANA Cloud Platform as set forth in the respective Exhibit). Rather, processing of Partner or End User personal data will take place only in exceptional circumstances as an incidental effect of Licensor’s performing its contractual duties. To the extent Licensor does process personal data of Partner or End User and such processing constitutes commissioned data processing by Licensor under EU Directive 95/46/EC (hereinafter referred to as the “Data Protection Directive”) and/or applicable national data protection laws of the EU/EEA Member States, this Annex 1 shall apply. Commissioned Processing of Personal Data This Exhibit stipulates the rights and obligations of Partner and Licensor in connection with personal data processed by Licensor on behalf of Partner under the Agreement. This Exhibit shall be an integral part of the Agreement.

SEVERABILITY; INJUNCTIVE RELIEF. 16.1 The terms of the Agreement are severable. If any term hereof is held invalid, illegal, or unenforceable for any reason whatsoever, such term shall be enforced to the fullest extent permitted by applicable law, and the validity, legality, and enforceability of the remaining terms shall not in any way be affected or impaired im- paired thereby. 16.2 Both parties acknowledge that remedies at law may be inadequate to provide Licensor or OEM with full compensation in the event of OEM's material breach of sections 7.2 (Trademarks) or 7.5 (Reverse Engineering, Source Code) with respect to Licensor’s Confidential Information and its Trademarks or LicensorLi- censor's material breach of section 7.5 with respect to OEM’s Confidential Information, and that the non- breaching party shall therefore be entitled to seek injunctive relief in the event of any such material breach. It is not the intention under this Agreement for Licensor to process personal data of Partners or End Users (except for the usage of the SAP HANA Cloud Platform as set forth in the respective Exhibit). Rather, processing pro- cessing of Partner or End User personal data will take place only in exceptional circumstances as an incidental inci- dental effect of Licensor’s performing its contractual duties. To the extent Licensor does process personal data of Partner or End User and such processing constitutes commissioned data processing by Licensor under EU Directive 95/46/EC (hereinafter referred to as the “Data Protection Directive”) and/or applicable national data protection laws of the EU/EEA Member States, this Annex 1 shall apply. Commissioned Processing of Personal Data This Exhibit stipulates the rights and obligations of Partner and Licensor in connection with personal data processed by Licensor on behalf of Partner under the Agreement. This Exhibit shall be an integral part of the Agreement.

SEVERABILITY; INJUNCTIVE RELIEF. 16.1 The terms of the Agreement are severable. If any term hereof is held invalid, illegal, or unenforceable for any reason whatsoever, such term shall be enforced to the fullest extent permitted by applicable law, and the validity, legality, and enforceability of the remaining terms shall not in any way be affected or impaired thereby. 16.2 Both parties acknowledge that remedies at law may be inadequate to provide Licensor or OEM with full compensation in the event of OEM's material breach of sections 7.2 (Trademarks) or 7.5 (Reverse Engineering, Source Code) with respect to Licensor’s Confidential Information and its Trademarks or Licensor's material breach of section 7.5 with respect to OEM’s Confidential Information, and that the non- non-breaching party shall therefore be entitled to seek injunctive relief in the event of any such material breach. It is not the intention under this Agreement for Licensor to process personal data of Partners or End Users (except for the usage of the SAP HANA Cloud Platform as set forth in the respective Exhibit). Rather, processing of Partner or End User personal data will take place only in exceptional circumstances as an incidental effect of Licensor’s performing its contractual duties. To the extent Licensor does process personal data of Partner or End User and such processing constitutes commissioned data processing by Licensor under EU Directive 95/46/EC (hereinafter referred to as the “Data Protection Directive”) and/or applicable national data protection laws of the EU/EEA Member States, this Annex 1 shall apply. Commissioned Processing of Personal Data This Exhibit stipulates the rights and obligations of Partner and Licensor in connection with personal data processed by Licensor on behalf of Partner under the Agreement. This Exhibit shall be an integral part of the Agreement.