Relationship with the Agreement. 2.1 The parties agree that DPA shall replace any existing DPA the parties may have previously entered into in connection with the Services.
2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict.
2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement.
2.4 Any claims against MailChimp or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall any party limit its liability with respect to any individual's data protection rights under this DPA or otherwise. Customer further agrees that any regulatory penalties incurred by MailChimp in relation to the Customer Data that arise as a result of, or in connection with, Customer’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce MailChimp’s liability under the Agreement as if it were liability to the Customer under the Agreement.
2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms.
2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.
Relationship with the Agreement. 10.1. The parties agree that this DPA shall replace and supersede any existing data processing addendum, attachment, exhibit or standard contractual clauses that MindWire and Client may have previously entered into in connection with the Services. MindWire may update this DPA from time to time, with such updated version provided by MindWire to Client by email notice; provided, however, that no such update shall materially diminish the privacy or security of Client Personal Data.
10.2. Except as provided by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict in connection with the Processing of Client Personal Data.
10.3. Notwithstanding anything to the contrary in the Agreement or this DPA, each party’s and all of its Affiliates’ liability, taken together in the aggregate, arising out of or relating to this DPA, the SCCs, and any other data protection agreements in connection with the Agreement (if any), shall be subject to any aggregate limitations on liability set out in the Agreement. Without limiting the parties’ obligations under the Agreement, each party agrees that any regulatory penalties incurred by one party (the “Incurring Party”) in relation to the Client Personal Data that arise as a result of, or in connection with, the other party’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce the Incurring Party’s liability under the Agreement as if it were liability to the other party under the Agreement.
10.4. In no event shall this DPA benefit or create any right or cause of action on behalf of a third party (including a Third-Party Controller), but without prejudice to the rights or remedies available to Data Subjects under Data Protection Laws or this DPA (including the SCCs).
10.5. This DPA will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement. Name Name Signature Signature Title Title Date Date
Appendix 1 Security Measures
Relationship with the Agreement. This IP Assignment Agreement is intended to evidence the consummation of the transactions contemplated by the Asset Purchase Agreement. This IP Assignment Agreement is made without representation or warranty except as provided in and by the Asset Purchase Agreement. This IP Assignment Agreement is in all respects subject to the provisions of the Asset Purchase Agreement and is not intended in any way to supersede, limit or qualify any provision of the Asset Purchase Agreement.
Relationship with the Agreement. 2.1 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict.
2.2 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions of the Agreement, including but not limited to the exclusions and limitations set forth therein. Any claims against Lookout or its Affiliates under this DPA shall be brought solely against the entity that is a party to the Agreement. In no event shall this DPA or any party limit its liability with respect to any Data Subject whose Personal Data is processed under the Agreement.
2.3 Except to the extent required by applicable laws, no one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms.
2.4 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by Data Protection Laws.
2.5 This DPA shall terminate simultaneously and automatically with the termination or expiration of the Agreement.
2.6 Notwithstanding anything to the contrary in the Agreement, in the event of a change in Data Protection Laws or a determination or order by a supervisory authority or competent court affecting this DPA or the lawfulness of any processing activities under this DPA, Lookout may (in its sole discretion) make any amendments to this DPA (or changes to the Service) as are reasonably necessary to ensure continued compliance with Data Protection Laws or any such determination or order.
2.7 Each party acknowledges that the other party may disclose this DPA (including its Annexes and the Standard Contractual Clauses) and any privacy related provisions in the Agreement to a supervisory authority upon request.
Relationship with the Agreement. 2.1 The parties agree that the DPA shall replace any existing data processing addendum the parties may have previously entered into in connection with the Services.
2.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict.
2.3 Any claims brought under or in connection with this DPA shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement.
2.4 Company further agrees that any regulatory penalties incurred by Xxxxxxxx.xx in relation to the Company Data that arise as a result of, or in connection with, Company’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall count toward and reduce Xxxxxxxx.xx’s liability under the Agreement as if it were liability to the Company under the Agreement.
2.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms.
2.6 This DPA shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.
Relationship with the Agreement. 3.1. The parties agree that this DPA replaces and supersedes any existing DPA the parties may have previously entered into in connection with the Services.
3.2. Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. The order of precedence in case of any conflict, exclusively in relation to the processing of personal data under this DPA, will be, in order of priority:
(a) Standard Contractual Clauses, if applicable;
(b) this DPA;
(c) the Agreement.
3.3. Notwithstanding anything to the contrary in the Agreement or this DPA, the liability of each party and each party’s
3.4. Any claims against Atlassian or its affiliates under this DPA can only be brought by the Customer entity that is a party to the Agreement against the Atlassian entity that is a party to the Agreement. In no event will this DPA or any party restrict or limit the rights of any data subject or of any competent supervisory authority.
3.5. This DPA will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by Applicable Data Protection Law.
3.6. This DPA and the Standard Contractual Clauses will terminate simultaneously and automatically upon deletion by Atlassian of the Customer Personal Data processed on behalf of the Customer, in accordance with Section 2.13 of this DPA. Customer name (Required): Address: Signature (Required): Name (Required): Title (Optional): Date (Required): EU Representative (Required only where applicable): Contact details: Data Protection Officer (Required only where applicable): Contact details: Notwithstanding the signatures below of any other Atlassian Entity, an Atlassian Entity is not a party to this Addendum unless they are a party to the Agreement. Data Protection Point of Contact: Xxxxx Xxxxxxxxx Contact Details: xxxxxxxxxxxxxx@xxxxxxxxx.xxx Atlassian Entity Atlassian Cloud Products Signature Jira Software Signature: Name: Xxxxx Xxxxxxxxx Title: Head of Privacy Date: 06/30/2023 Jira Service Management Jira Work Atlassian PTY Ltd. Management Confluence Bitbucket Atlassian Access Atlassian Cloud Apps Xxxxxx Inc. Xxxxxx Xxxxxx Power-Ups Signature: Name: Xxxxx Xxxxxxxxx Title: Head of Privacy Date: 06/30/2023 Dogwood Labs, Inc. (dba Xxxxxxxxxx.xx) Statuspage Signature: Name: Xxxxx Xxxxxxxxx Title: Head of Privacy Date: 06/30/2023 OpsGenie, Inc. Opsgenie Signature: Name: Xxxxx Xxxxxxxxx Title: Head of Privacy Date: 06/30/2023 Agile Craft L...
Relationship with the Agreement. 11.1 This DPA shall remain in effect for as long as Xxxxxxxx carries out Personal Data processing operations on behalf of Customer or until termination of the Agreement (and all Personal Data has been returned or deleted in accordance with Section 7 above).
11.2 The parties agree that this DPA shall replace any existing data processing agreement or similar document that the parties may have previously entered into in connection with the Services.
11.3 In the event of any conflict or inconsistency between this DPA and the Chargifi SaaS Service Agreement, the provisions of the following documents (in order of precedence) shall prevail: (i) Standard Contractual Clauses; then (ii) this DPA; and then (iii) the Chargifi SaaS Service Agreement.
11.4 Except for any changes made by this DPA, the Agreement remains unchanged and in full force and effect.
11.5 No one other than a party to this DPA, its successors and permitted assignees shall have any right to enforce any of its terms.
11.6 This DPA shall be governed by and construed in accordance with the governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws. By signing below, the Parties agree to be bound by the terms and conditions of this DPA, effective as of the Effective Date stated above. This DPA may be executed in one or more counterparts. By: Name: Title: By: Name: Title: (a) Controller (data exporter): Customer
Relationship with the Agreement. 11.1. Except as provided by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict in connection with the Processing of Personal Data.
11.2. Notwithstanding anything to the contrary in the Agreement or this DPA, each party’s and all of its Affiliates’ liability, takentogether in the aggregate, arising out of or relating to this DPA, the Standard Contractual Clauses, and any other data protection agreements in connection with the Agreement (if any), shall be subject to any aggregate limitations on liability set out in the Agreement.
11.3. In no event shall this DPA, the Agreement, or any party to the Agreement, restrict or limit the rights of any Data Subject or of any competent supervisory authority.
11.4. This DPA will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement.
Relationship with the Agreement. 3.1 This Addendum supersedes any conflicting or inconsistent provisions in the Agreement related to data protection and, in the event of ambiguity, this Addendum will prevail. The Agreement, as amended and modified by this Addendum, otherwise remains in full force and effect.
3.2 Any claims brought under or in connection with this Addendum shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. Where the Model Clauses apply, any claims brought under the Model Clauses shall also be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. In no event shall either party limit its liability with respect to any Data Subject rights under the Model Clauses.
3.3 No one other than a party to this Addendum, its successors and permitted assignees shall have any right to enforce any of its terms.
3.4 This Addendum shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Law.
3.5 This Addendum and the Model Clauses (if applicable) shall terminate simultaneously and automatically with the termination or expiration of the Agreement.
Relationship with the Agreement. 3.1. This Addendum supersedes any conflicting or inconsistent provisions in the Agreement related to data protection and, in the event of ambiguity, this Addendum will prevail. The Agreement, as amended and modified by this Addendum, otherwise remains in full force and effect.
3.2. Any claims brought under or in connection with this Addendum shall be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement.
3.3. No one other than a party to this Addendum, its successors and permitted assignees shall have any right to enforce any of its terms.
3.4. This Addendum shall be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by the CCPA and/or the CPRA.
3.5. This Addendum shall terminate simultaneously and automatically with the termination or expiration of the Agreement.
3.6. Both parties agree that this Addendum shall be interpreted in favour of their intent to comply with the CCPA and CPRA and therefore any ambiguity shall be resolved in favour of a meaning that complies and is consistent with the CCPA and CPRA (as applicable).
