Common use of DPA APPLIES Clause in Contracts

DPA APPLIES. If the Customer entity signing this DPA is a party to the Agreement, this DPA is an addendum to and forms part of the Agreement. If the Customer entity signing this DPA has entered into an Order Form with Xactly pursuant to the Agreement (an “Ordering Document”), but is not itself a party to the Agreement, this DPA is an addendum to that Ordering Document and applicable renewal Ordering Documents. Each Customer Affiliate that enters into its own Ordering Document under the terms of the Customer’s Agreement shall likewise be entitled to the rights and obligations of this DPA, provided, however, each Customer Affiliate shall exercise its rights under this DPA through Customer, unless otherwise required by applicable law. If the Customer entity signing this DPA is neither a party to an Ordering Document nor the Agreement, this DPA is not valid and is not legally binding. Such entity should request that the Customer entity that is a party to the Agreement executes this DPA, and Affiliates of such Customer entity will benefit under this DPA via Section 9.1.2 below.

DPA APPLIES. If the Customer entity signing this DPA is a party to the Agreement, this DPA is an addendum to and forms part of the Agreement. If the Customer entity signing this DPA has entered into an Order Form with Xactly pursuant to the Agreement (an “Ordering Document”), but is not itself a party to the Agreement, this DPA is an addendum to that Ordering Document and applicable renewal Ordering Documents. Each Customer Affiliate that enters into its own Ordering Document under the terms of the Customer’s Agreement shall likewise be entitled to the rights and obligations of this DPA, provided, however, each Customer Affiliate shall exercise its rights under this DPA through Customer, unless otherwise required by applicable law. If the Customer entity signing this DPA is neither a party to an Ordering Document nor the Agreement, this DPA is not valid and is not legally binding. Such entity should request that the Customer entity that is a party to the Agreement executes this DPA, and Affiliates of such Customer entity will benefit under this DPA via Section 9.1.2 below.

DPA APPLIES. If the Customer entity signing this DPA is a party to the Agreement, this DPA is an addendum to and forms part of the Agreement. If the Customer entity signing this DPA has entered into an Order Form with Xactly pursuant to the Agreement (an “Ordering Document”), but is not itself a party to the Agreement, this DPA is an addendum to that Ordering Document and applicable renewal Ordering Documents. Each Customer Affiliate that enters into its own Ordering Document under the terms of the Customer’s Agreement shall likewise be entitled to the rights and obligations of this DPA, provided, however, each Customer Affiliate shall exercise its rights under this DPA through Customer, unless otherwise required by applicable lawlaw and all Customer Affiliate claims shall be considered claims made by Customer and shall be subject to any liability restrictions set forth in the Agreement. If the Customer entity signing this DPA is neither a party to an Ordering Document nor the Agreement, this DPA is not valid and is not legally binding. Such entity should request that the Customer entity that is a party to the Agreement executes this DPA, and Affiliates of such Customer entity will benefit under this DPA via Section 9.1.2 below.