Common use of System Availability Clause in Contracts

System Availability. 2.1. The SA SLA shall not apply to Licensed Software from a third party unless otherwise expressly set forth in the Order Form. 2.2. Downtime caused by factors outside of SAP’s reasonable control include, but is not limited to the following: 2.2.1. Customer’s failure to meet Customer’s responsibilities (including ordering maintenance for the Licensed Software, using a version or release of the Licensed Software and/or Subscription Software on current maintenance) as set forth in the Agreement. 2.2.2. Downtime caused by Customer. 2.2.3. Interruptions as a result of requirements stipulated by a third-party manufacturer of the Licensed Software. 2.2.4. Interruptions or shutdowns of the Computing Environment, or portions thereof (or Servers for Server Provisioning) resulting from the quality of the Licensed Software provided by the Customer and/or Customer’s customizations or modifications of the Licensed Software, Subscription Software or Computing Environment (or Servers for Server Provisioning), unless this is the responsibility of SAP under this Agreement. 2.2.5. Restore times of user data (recovery of database data from a media backup) where SAP was not the root cause for the required restoration.

Appears in 7 contracts

Samples: Service Level Agreement, Service Level Agreement, Service Level Agreement

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