Common use of Import and Export Controls Clause in Contracts

Import and Export Controls. 10.1 The Cloud Service, Documentation and SAP Materials are subject to the export control laws of various countries, including without limit the laws of Ireland, United States and Germany. OEM agrees that it will not submit the Cloud Service, Documentation or other SAP Materials to any government agency for licensing consideration or other regulatory approval without the prior written consent of SAP. OEM agrees to comply with the laws and regulations restricting import, export, re-export, transfer or release to certain entities or destinations of the United States, E.U., Irish and other applicable jurisdictions (“Export Regulations”). With respect to any export, re-export, transfer, or release otherwise permitted under this Agreement to persons within OEM or its Affiliates or to unrelated third parties of: (i) such technology, software, services or commodities; or (ii) the direct product of any such technology; or (iii) any product that OEM creates with content that is supplied by SAP; or (iv) any technology that OEM creates that is based upon or commingled with technology provided by SAP, OEM will comply with the Export Regulations. 10.2 Any import into and/or operation in countries where the import and/or operation is subject to authorization by the authorities of such country shall be in the sole responsibility of OEM. SAP assumes no responsibility or liability for OEM’s failure to obtain any necessary export approvals. OEM shall take all necessary actions and precautions to ensure that its distributors, resellers and other customers do not contravene the Export Regulations. SAP will reasonably cooperate with OEM to identify the export status and requirements of the Cloud Service or other SAP Materials. Notwithstanding anything to the contrary, SAP may refuse the fulfillment of its obligations under this Agreement if and for as long as such fulfillment violates the Export Regulations. The parties shall then consult each other if and how compliance with the Export Regulations may be achieved with commercially reasonable efforts. For the avoidance of doubt: SAP may request money for any modification of its Cloud Service that the parties may agree to, in their sole discretion, in order to make the item compliant. This Section 10 shall survive the expiration or earlier termination of this Agreement. 10.3 With respect to any provision of the Cloud Service, Documentation and SAP Materials to be made by SAP to OEM and/or any other party under this Agreement, OEM acknowledges that the provision of the Cloud Service, Documentation and SAP Materials may be subject to the prior obtaining of export and/or import authorizations from the competent authorities and that this process may considerably delay or prevent the delivery and/or impact SAP’s ability to provide support. OEM shall support SAP in obtaining any required authorization by providing information and/or declarations, e.g. End Use Certificates, as may be requested by SAP.

Import and Export Controls. 10.1 OEM is responsible for complying with all applicable regulations restricting import, export, re-export, transfer or release to certain entities or destinations (“Export Regulations”). The Cloud Service, Documentation Services and other SAP Materials are subject to the export control laws of various countries, including without limit the laws of Ireland, United States States, the EU and Germany. . 10.2 OEM agrees that it will not submit the Cloud Service, Documentation or Services and other SAP Materials to any government agency for licensing consideration or other regulatory approval without the prior written consent of SAP. OEM agrees to comply with the laws SAP and regulations restricting import, will not export, re-exportexport or import any SAP Materials to countries, transfer persons or release to certain entities or destinations of the United States, E.U., Irish and other prohibited by any applicable jurisdictions (“Export Regulations”)export law. With respect to any export, re-export, transfer, or release otherwise permitted under this Agreement to persons within OEM or its Affiliates or to unrelated third parties of: (i) such technology, software, services or commodities; or (ii) the direct product of any such technology; or (iii) any product that OEM creates with content that is supplied by SAP; or (iv) any technology that OEM creates that is based upon or commingled with technology provided by SAP, OEM will comply with the Export Regulations. 10.2 Any import into and/or operation in countries where the import and/or operation is subject to authorization by the authorities of such country shall be in the sole responsibility of OEM. SAP assumes no responsibility or liability for OEM’s failure to obtain any necessary export approvals. OEM shall take all necessary actions and precautions to ensure that its distributorsany permitted distributor, resellers reseller and other customers do not contravene the Export Regulations. SAP will reasonably cooperate End User complies with OEM to identify the export status and requirements of the regulations. 10.3 If SAP makes available any Cloud Service Services or other SAP Materials. Notwithstanding anything to the contrary, SAP may refuse the fulfillment of its obligations under this Agreement if and for as long as such fulfillment violates the Export Regulations. The parties shall then consult each other if and how compliance with the Export Regulations may be achieved with commercially reasonable efforts. For the avoidance of doubt: SAP may request money for any modification of its Cloud Service that the parties may agree to, in their sole discretion, in order to make the item compliant. This Section 10 shall survive the expiration or earlier termination of this Agreement. 10.3 With respect to any provision of the Cloud Service, Documentation and SAP Materials to be made by SAP directly to OEM and/or End Users, OEM will support SAP in obtaining any other party under this Agreementrequired authorization and/or approval from the competent authorities by providing information and/or declarations (e.g., End User certificates) as may be requested by SAP. OEM acknowledges that the provision availability of the Cloud Service, Documentation Services and other SAP Materials may be subject to the prior obtaining of export and/or import authorizations from the competent authorities and that this process may considerably delay or prevent the delivery of Cloud Services, Documentation or SAP Materials, and/or impact SAP’s ability to provide support. support services. 10.4 For OEM shall support SAP in obtaining provision of the Bundled Service or Custom Platform Application to any End User, it is OEM’s sole responsibility to obtain any required authorization and/or approval from the competent authorities to comply with any applicable Export Regulations. SAP assumes no responsibility or liability for OEM’s failure to obtain any such required authorization or approval. OEM acknowledges that in case SAP delivers any Cloud Service or SAP Materials directly to End Users, Section 10.3 above applies especially, without limitation, regarding the provision of support services. SAP will, upon OEM’s reasonable request, provide any required export information regarding any Cloud Service or other SAP Materials originally provided by providing information and/or declarations, e.g. End Use Certificates, as may be requested by SAPSAP to OEM. 10.5 This Section 10 shall survive the expiration or earlier termination of this Agreement.