CUSTOMER SERVICE AGREEMENT. 4.1 To give effect to the obligations, limitations and liabilities contained in this Agreement, Provider agrees that prior to granting Customer access to the Authorized Services, Provider will enter into a Customer Service Agreement with Customer that includes (i) a grant of license to the Customer and its Customer Users which corresponds with and does not exceed Provider’s rights as set out in Section 3 and (ii) a provision according to which SAP shall be entitled to claim damages or seek equitable relief as a third party beneficiary in case the Customer violates any of the license terms of the Customer Service Agreement. Nothing in this Agreement shall prevent SAP from pursuing an action for an infringement of SAP's intellectual property rights by the Customer. 4.2 If requested by SAP, Provider will represent and warrant to SAP that Provider has entered into such a Customer Service Agreement with Customer, provided always that no contractual relationship will exist between SAP and any Customer except as set forth in Section 4.1 above or under any supplementary contract which SAP expressly agrees to enter into directly with a Customer in connection with the Authorized Services.
Appears in 27 contracts
Samples: Outsourcing Agreement, Outsourcing Agreement, Outsourcing Agreement
CUSTOMER SERVICE AGREEMENT. 4.1 To give effect to the obligations, limitations and liabilities contained in this Agreement, Provider agrees that prior to granting Customer access to the Authorized Services, Provider will enter into a Customer Service Agreement with Customer that includes (i) a grant of license to the Customer and its Customer Users which corresponds with and does not exceed Provider’s rights as set out in Section 3 and (ii) a provision according to which SAP shall be entitled to claim damages or seek equitable relief as a third party beneficiary in case the Customer violates any of the license terms of the Customer Service Agreement. Nothing in this Agreement shall prevent SAP from pursuing an action for an infringement of SAP's intellectual property rights Intellectual Property Rights by the Customer.
4.2 If requested by SAP, Provider will represent and warrant to SAP that Provider has entered into such a Customer Service Agreement with Customer, provided always that no contractual relationship will exist between SAP and any Customer except as set forth in Section 4.1 3.1.6 above or under any supplementary contract which SAP expressly agrees to enter into directly with a Customer in connection with the Authorized Services.
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Samples: Outsourcing Agreement, Outsourcing Agreement, Outsourcing Agreement