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. In such case, the Salesforce entity that is party to the Agreement is party to this DPA. If the Customer entity signing this DPA has executed an Order Form with SFDC or its Affiliate pursuant to the Agreement, but is not itself a party to the Agreement, this DPA is an addendum to that Order Form and applicable renewal Order Forms, and the Salesforce entity that is party to such Order Form is party to this DPA. If the Customer entity signing this DPA is neither a party to an Order Form nor the Agreement, this DPA is not valid and is not legally binding. Such entity should request that the Customer entity who is a party to the Agreement executes this DPA. If the Customer entity signing the DPA is not a party to an Order Form nor a Master Subscription Agreement directly with SFDC, but is instead a customer indirectly via an authorized reseller of Salesforce services, this DPA is not valid and is not legally binding. Such entity should contact the authorized reseller to discuss whether any amendment to its agreement with that reseller may be required. This DPA shall not replace any comparable or additional rights relating to Processing of Customer Data contained in Customer’s Agreement (including any existing data processing addendum to the Agreement).

Appears in 2 contracts

Samples: Data Processing Addendum, Data Processing Addendum

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DPA APPLIES. If the Customer entity signing this DPA is a party to the an Agreement, this DPA is an addendum to and forms part of thatAgreement and the Agreement. In such case, the Salesforce Trimble entity that is party to the Agreement is party to this DPA. - If the Customer entity signing this DPA has executed submitted an Order Form with SFDC order that has been accepted by Trimble or any of its Affiliate pursuant to the AgreementAffiliates, but is not itself a party to the Agreement, this DPA is an addendum to that Order Form and applicable order (including any renewal Order Forms, order) and the Salesforce Xxxxxxx entity that is party to on which such Order Form order has been placed is party to this DPA. - If the Customer entity signing this DPA is neither a party to an Order Form order nor the Agreement, this DPA is not valid and is not legally binding. Such entity should request that the Customer its affiliated entity who is a party to the Agreement executes this DPA, or requests in writing to become part of the Agreement. - If the Customer entity signing the DPA is not a party to an Order Form nor a Master Subscription Agreement directly with SFDC, but is instead a customer indirectly has purchased Xxxxxxx services via an authorized reseller of Salesforce servicesXxxxxxx, Customer has to indicate so on page 6 and provide a Xxxxxxx or Reseller issued customer number, or in lack thereof confirmation from the reseller that Customer is subscribed to a Xxxxxxx service. In this case, this DPA is not valid will be considered as a direct agreement between Customer and is not legally binding. Such entity should contact the authorized reseller to discuss whether any amendment to its agreement with that reseller may be requiredXxxxxxx. This DPA shall not replace any comparable or additional rights relating to Processing of Customer Data contained in Customer’s the Agreement (including any existing data processing addendum to the Agreement).

Appears in 1 contract

Samples: Data Processing Agreement

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DPA APPLIES. If the Customer Client entity signing this DPA is a party to the Agreement, this DPA is an addendum to and forms part of the Agreement. In such case, the Salesforce Brand Embassy entity that is party to the Agreement is party to this DPA. If the Customer Client entity signing this DPA has executed an Order Form with SFDC BE or its Affiliate pursuant to the Agreement, but is not itself a party to the Agreement, this DPA is an addendum to that Order Form and applicable renewal Order Forms, and the Salesforce Brand Embassy entity that is party to such Order Form is party to this DPA. If the Customer Client entity signing this DPA is neither a party to an Order Form nor the Agreement, this DPA is not valid and is not legally binding. Such entity should request that the Customer Client entity who is a party to the Agreement executes this DPA. If the Customer Client entity signing the DPA is not a party to an Order Form nor a Master Subscription Services Agreement directly with SFDCBE, but is instead a customer indirectly via an authorized reseller of Salesforce servicesServices, this DPA is not valid and is not legally binding. Such entity should contact the authorized reseller to discuss whether any amendment to its agreement with that reseller may be required. This DPA shall not replace any comparable or additional rights relating to Processing of Customer Client Data contained in CustomerClient’s Agreement (including any existing data processing addendum to the Agreement).

Appears in 1 contract

Samples: Data Processing Addendum

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