Examples of Cloud Service Schedule in a sentence
Fees and other charges described in this Agreement, Order Forms or Cloud Service Schedule do not include federal, state or local sales, VAT, GST, foreign withholding (including foreign income withholding), use, property, excise, service, or similar taxes (“Tax(es)”) now or hereafter levied, all of which shall be for OEM’s account.
OEM shall provide the Cloud Service to End Users only in accordance with this Agreement, including without limitation, the restrictions listed in Section 2.2 below, the Minimum Terms, the Supplemental Terms, the applicable Order Form and the Cloud Service Schedule.
The following order of precedence (in descending order of priority) shall be applied in the event of conflict or inconsistency between provisions of the components of this Agreement: (i) Cloud Service Schedule, (ii) the Order Form or Addendum to the Agreement; (iii) the Exhibits; (iv) this Agreement (excluding applicable exhibits and schedules attached or referenced thereto) and (v) the Cloud GTC.
Upon reasonable notice to OEM, SAP may audit, at SAP’s expense, the records of OEM and any other person acting on its behalf relating to OEM’s activities under this Agreement to determine OEM’s compliance hereunder, including the compliance with the Minimum License Terms and the calculation of the fees due under this Agreement, applicable Order Forms and Cloud Service Schedule.
SAP shall provide the Cloud Service to End Users in accordance with the Cloud GTC (as defined in Section 2.1(c)), the applicable Order Form and Cloud Service Schedule.
The foregoing warranty shall not apply: (i) if the Cloud Service is not used in accordance with this Agreement, the Order Form, Cloud Service Schedule and/or any Documentation; or (ii) if the non-conformity is caused by third party services, content or products or any modifications, configurations or customizations to the Cloud Service; or (iii) to free (no fee) or trial licenses of the Cloud Service.
SAP reserves the right to reject a Cloud Service Schedule and/or the CPPD Schedule in its sole and reasonable discretion, if OEM is in violation of this Agreement, the prospective End User is a competitor of SAP, SAP reasonably believes that SAP´s intellectual property rights may not be respected by the End User, or the Cloud Service Schedule, or the CPPD, in form or content is not in compliance with the terms of this Agreement.
After the Initial Term, the subscription term for the relevant Cloud Service is automatically extended for subsequent periods of equal length but in no event longer than one year, unless otherwise set forth in a Cloud Service Schedule (each a “Renewal Term”), except as terminated in accordance with this Agreement.
OEM shall execute a Cloud Service Schedule with SAP for each subscription by OEM of a Cloud Service, whether the Cloud Service is used for production or non-production use.
For the Cloud Application Service, a Cloud Service Schedule must be executed separately for each End User’s utilization of the Cloud Application Service.