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HomeMy WebLinkAboutStaff Report 2509-5240CITY OF PALO ALTO CITY COUNCIL Monday, September 29, 2025 Council Chambers & Hybrid 5:30 PM     Agenda Item     AA1.Approve Purchase Order C26195416 with Carahsoft, Utilizing a General Services Administration Blanket Purchase Agreement, to Procure SAP S/4 HANA Suite of Products and Corresponding Software and Hosting Services for a 5-Year Term for a Not- To-Exceed Amount of $6,640,429; and Approve a Budget Amendment in the Technology Fund as Recommended by Finance Committee; CEQA Status - Not a Project New Item Added 8 2 7 1 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: IT Department Meeting Date: September 29, 2025 Report #:2509-5240 TITLE Approve Purchase Order C26195416 with Carahsoft, Utilizing a General Services Administration Blanket Purchase Agreement, to Procure SAP S/4 HANA Suite of Products and Corresponding Software and Hosting Services for a 5-Year Term for a Not-To-Exceed Amount of $6,640,429; and Approve a Budget Amendment in the Technology Fund as Recommended by Finance Committee; CEQA Status - Not a Project RECOMMENDATION Finance Committee and staff recommend that the City Council: a. Approve and authorize the City Manager or their designee to execute PO C26195416 with Carahsoft, utilizing a General Services Agreement (GSA) Blanket Purchase Agreement Contract Number 47QSWA18D008F, to procure SAP S/4HANA suite of products and corresponding software and hosting services for a 5-year term (December 31, 2025 to December 31, 2030), with a total not-to-exceed amount of $6,640,429 (Attachment A). b. Amend the Fiscal Year 2026 Budget Appropriation for the Technology Fund by [requires a two-thirds approval by the Council]: a. Increasing the expenditure appropriation for the Enterprise Resource Planning Upgrade 2026 Project (TE-19000) in the Information Technology Department by $1,660,000 b. Decreasing the Technology Reserve by $1,660,000 EXECUTIVE SUMMARY Approval of this contract and subsequent consulting services will result in the upgrade of the City’s Enterprise Resource Planning (ERP) system, currently SAP, to the most current version. Support for the version of the SAP ERP platform the City operates on will end on January 1, 2028 requiring the City to either upgrade or replace the system. Alternatively, the City could assume increased risk using an unsupported platform, this is not recommended. In total, the upgrade is estimated to cost $13.3 million over five years, net of incentives estimated to save 8 2 7 1 the City $3.4 million if contract is signed by the end of September 2025. Once transitioned, this new licensing contract will increase ongoing annual costs, approximately $660,000 above the current $1 million baseline (this is expected in years three through five). BACKGROUND 1 1 Informational ERP System Status Report 8 2 7 1 Contract Number 47QSWA18D008F1.2 A cooperative purchasing agreement allows multiple entities to purchase goods and services at negotiated rates and are created by combining the buying needs of multiple entities to achieve a more economical purchase. Professional expertise is required to successfully implement S/4 HANA and related software solutions. To support this migration the City is looking to enter into an agreement with an SAP authorized professional services provider that will provide technical support for this upgrade, the contract is estimated to be four to five million in one-time costs. Once the business requirements are finalized, staff will return to Council with the contract and necessary budget actions to appropriate funds from the Technology Reserve for this project. ANALYSIS The Finance Committee heard staff’s recommendation at its meeting on September 16, 20253 and unanimously recommended City Council approval. The Committee commented on the importance of being on a fully support version and innovations using features such as AI to improve process efficiencies. Department users of the system including human resources and administrative services acknowledged recent improvements and the desire for more improvements and efficiencies to be achieved in the new version. The Committee agreed with taking advantage of the sizeable incentive that would be received by issuing a PO before the end of September. SAP has offered the City a Transformation Incentive for its cloud services — a cloud credit valued at $1,583,053 as well as no annual cost increase over the term — available through SAP’s partner, Carahsoft. In total, this incentive is estimated to save the City $3.4 million if contract is signed by the end of September 2025. Carahsoft is a technology solutions provider that services the public sector. The agreement includes language allowing the city to cancel for convenience prior to the start date if needed. Savings of $3.4 million cost avoidance is expected if this PO is signed before the end of September 2025 from the following components: 1) Price protection estimate of $1.5 million. No annual contract cost of living adjustment for five years, maintenance will remain flat at $1.66 million annually. 2) Business incentive of $1.7 million. Incentive of one year ”free” of licensing costs from SAP 2 GSA Contract: 47QSWA18D008F https://www.gsaadvantage.gov/ref_text/47QSWA18D008F/100V5C.3VR800_47QSWA18D008F_47QSWA18D008F- 11-24-2024-565316.PDF 3 FInance Committee, September 16, 2025, Item #3, https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=64844&dbid=0&repo=PaloAlto 8 2 7 1 3) System maintenance of $318,000. Elimination of dual system maintenance costs if the upgraded system is live before 2027. Table #1: Cost Summary (December 2025 – December 2030) Year Annual Cost Year 1 (2025–2026)$1,659,489 Year 2 (2026–2027)$1,660,107 Year 3 (2027–2028)$1,660,107 Year 4 (2028–2029)$1,660,107 Year 5 (2029–2030)$1,660,107 Cloud Credit ($1,583,053) Total (5 Years)$6,640,429 FISCAL/RESOURCE IMPACT The ERP system upgrade is expected to cost the City a total of $13.3 million over the first 5 years, including implementation and transition costs as well as the recommended software and hosting services costs. The recommended agreement will add approximately $660,000 in additional SAP licensing costs on top of the current $1 million baseline in years three through five, upon full implementation. During the initial year, the City must maintain its existing SAP licensing, hosting, and maintenance agreements; total costs in the first year will be higher than in subsequent years. In addition, staff anticipates returning to Council with a separate contract for one-time implementation and migration services associated with S/4 HANA, which will also be funded primarily from the Technology Reserve. Once fully implemented, the legacy licenses, hosting, and maintenance agreements will be retired and no longer required. Funding for the first and second year, including this purchase order, is available in the Technology Fund, specifically the Technology Reserve. This Reserve is intended to cover system upgrades costs such as these. The FY 2026 forecasted ending balance for the Technology Reserve is $18 million. If this budget amendment is approved, the reserve balance is anticipated to be $16.4 million at year-end. For years 3–5, the costs will be allocated to City departments through the Internal Service Fund process and appropriated annually, subject to Council approval as part of the annual budget process. The Information Technology (IT) Department is funded by an Internal Service Fund (ISF) that allocates costs across the City to provide technology-related services to other departments and funds. Approximately 49% of services are provided to the General Fund, with the remaining 51% supporting Enterprise, special revenue, and other internal service funds. STAKEHOLDER ENGAGEMENT The services were coordinated with internal stakeholders and the service provider. 8 2 7 1 ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: GOVERNMENT - PRICE QUOTATION SAP GOVERNMENT AT CARAHSOFT 11493 SUNSET HILLS ROAD | SUITE 100 | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | SAP@CARAHSOFT.COM TO:Jitendra Kulkarni IT Enterprise Systems Manager City Of Palo Alto 250 Hamilton Ave 2nd Floor Palo Alto, CA 94301 USA EMAIL:jitendra.kulkarni@cityofpaloalto.org PHONE: (925) 216-6256 FROM:Jonathan Gutierrez Carahsoft Technology Corp. 11493 Sunset Hills Road Suite 100 Reston, Virginia 20190 EMAIL:Jonathan.Gutierrez@carahsoft.com PHONE: (571) 662-3375 FAX: (703) 871-8505 TERMS:GSA Schedule No: 47QSWA18D008F Term: August 22, 2018 - August 21, 2028 FTIN: 52-2189693 Shipping Point: FOB Destination Credit Cards: VISA/MasterCard/AMEX Remit To: Same as Above Payment Terms: Net 30 (On Approved Credit) Cage Code: 1P3C5 DUNS No: 088365767 UEI: DT8KJHZXVJH5 Business Size: Other than Small Sales Tax May Apply QUOTE NO:57709533 QUOTE DATE:07/17/2025 QUOTE EXPIRES:09/30/2025 RFQ NO: SHIPPING:ESD TOTAL PRICE:$1,659,489.13 TOTAL QUOTE:$1,659,489.13 LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE BASE YEAR 1 8008678a-611 SAP S/4HANA Cloud, Digital Access, private edition (1- 1000 Tier; Block Of 1000 Document; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8008678a Start Date: 12/31/2025 End Date: 12/30/2026 $52.63 GSA 50 $2,631.50 2 8011726-1-Infinite-611 SAP Cloud, memory extension for productive tiers, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011726-1-Infinite Start Date: 12/31/2025 End Date: 12/30/2026 $26,315.79 GSA 1 $26,315.79 3 8011727-1-Infinite-611 SAP Cloud, memory extension for non-productive tiers, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011727-1-Infinite Start Date: 12/31/2025 End Date: 12/30/2026 $15,789.47 GSA 1 $15,789.47 4 8008794-611 SAP Additional File Storage, private cloud edition (1- Infinite Tier; Block Of 128 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8008794 Start Date: 12/31/2025 End Date: 12/30/2026 $1,052.63 GSA 12 $12,631.56 5 8008910a-611 SAP Core Human Capital Management Cloud, private edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8008910a Start Date: 12/31/2025 End Date: 12/30/2026 $22.97 GSA 1,100 $25,267.00 6 8008911a-611 SAP Time Tracking Cloud, private edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8008911a Start Date: 12/31/2025 End Date: 12/30/2026 $19.15 GSA 1,100 $21,065.00 CONFIDENTIAL PAGE 1 of 10 QUOTE DATE:07/17/2025 QUOTE NO:57709533 GOVERNMENT - PRICE QUOTATION SAP GOVERNMENT AT CARAHSOFT 11493 SUNSET HILLS ROAD | SUITE 100 | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | SAP@CARAHSOFT.COM LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE 7 8008783a-611 SAP Payroll Processing, private cloud edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8008783a Start Date: 12/31/2025 End Date: 12/30/2026 $36.37 GSA 1,100 $40,007.00 8 8011504-1-2000-611 SAP U.S. Payroll Tax Calculation by BSI, private cloud edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8011504-1-2000 Start Date: 12/31/2025 End Date: 12/30/2026 $13.59 GSA 1,100 $14,949.00 9 8018116-1-100-611 SAP S/4HANA Cloud Private Edition, utilities (1-100 Tier; Block Of 1000 Point of Delivery; Minimum of 25 Blocks; Per Year) SAP Industries, Inc. - 8018116-1-100 Start Date: 12/31/2025 End Date: 12/30/2026 $372.05 GSA 100 $37,205.00 10 8008690-611 SAP S/4HANA Cloud, additional non-productive tier, private edition (S) (1-Infinite Tier; Block Of 1 Tenant; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8008690 Start Date: 12/31/2025 End Date: 12/30/2026 $110,526.32 GSA 1 $110,526.32 11 8011084-611 SAP long-term backup, monthly cloud backup with 1-year retention, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011084 Start Date: 12/31/2025 End Date: 12/30/2026 $3,789.47 GSA 2 $7,578.94 12 8011088-611 SAP long-term backup, yearly backup with 4-year retention, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011088 Start Date: 12/31/2025 End Date: 12/30/2026 $1,368.42 GSA 2 $2,736.84 13 8019271-1-infinite-611 SAP Business Data Cloud, core capacity (1-Infinite Tier; Block Of 1 Capacity Unit; Minimum of 640 Block; Per Year) SAP Industries, Inc. - 8019271-1-infinite Start Date: 01/01/2026 End Date: 12/31/2026 $9.9311 GSA 31,762 $315,431.60 14 8019709-1-Infinite-611 Customer-Managed Data Products (1-Infinite Tier; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8019709-1-Infinite Start Date: 01/01/2026 End Date: 12/31/2026 $15,771.45 GSA 1 $15,771.45 15 8019361-271-410-611 SAP Cloud ERP Private (271-410 Tier; Block Of 1 Full Use Equivalent; Minimum of 60 Block; Per Year) SAP Industries, Inc. - 8019361-271-410 Start Date: 12/31/2025 End Date: 12/30/2026 $2,650.22 GSA 313 $829,518.86 16 8016532-1-Infinite-611 SAP AI Unit (1-Infinite Tier; Block of 100 Capacity Unit; Per Year) SAP Industries, Inc. - 8016532-1-Infinite Start Date: 12/31/2025 End Date: 12/30/2026 $586.47 GSA 140 $82,105.80 17 8010751-611 Cloud Platform Enterprise Agreement, reseller edition ($12121-Infinite Tier; Block of 1 Spend Volumes; Per Year) SAP Industries, Inc. - 8010751 Start Date: 12/31/2025 End Date: 12/30/2026 $1.05 GSA 20,000 $21,000.00 CONFIDENTIAL PAGE 2 of 10 QUOTE DATE:07/17/2025 QUOTE NO:57709533 GOVERNMENT - PRICE QUOTATION SAP GOVERNMENT AT CARAHSOFT 11493 SUNSET HILLS ROAD | SUITE 100 | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | SAP@CARAHSOFT.COM LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE 18 8019676-1001-5000-611 WalkMe Premium for SAP S/4HANA Private Cloud Edition (1001-5000 Tier; Block Of 1 Active User; Minimum of 100 Block; Per Year) SAP Industries, Inc. - 8019676-1001-5000 Start Date: 12/31/2025 End Date: 12/30/2026 $71.78 GSA 1,100 $78,958.00 BASE YEAR SUBTOTAL:$1,659,489.13 SUBTOTAL:$1,659,489.13 TOTAL PRICE:$1,659,489.13 TOTAL QUOTE:$1,659,489.13 SUGGESTED OPTIONS LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE YEAR 2 19 8008678a-611 SAP S/4HANA Cloud, Digital Access, private edition (1- 1000 Tier; Block Of 1000 Document; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8008678a Start Date: 12/31/2026 End Date: 12/30/2027 $52.63 GSA 50 $2,631.50 20 8011726-1-Infinite-611 SAP Cloud, memory extension for productive tiers, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011726-1-Infinite Start Date: 12/31/2026 End Date: 12/30/2027 $26,315.79 GSA 1 $26,315.79 21 8011727-1-Infinite-611 SAP Cloud, memory extension for non-productive tiers, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011727-1-Infinite Start Date: 12/31/2026 End Date: 12/30/2027 $15,789.47 GSA 1 $15,789.47 22 8008794-611 SAP Additional File Storage, private cloud edition (1- Infinite Tier; Block Of 128 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8008794 Start Date: 12/31/2026 End Date: 12/30/2027 $1,052.63 GSA 12 $12,631.56 23 8008910a-611 SAP Core Human Capital Management Cloud, private edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8008910a Start Date: 12/31/2026 End Date: 12/30/2027 $22.97 GSA 1,100 $25,267.00 24 8008911a-611 SAP Time Tracking Cloud, private edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8008911a Start Date: 12/31/2026 End Date: 12/30/2027 $19.15 GSA 1,100 $21,065.00 25 8008783a-611 SAP Payroll Processing, private cloud edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8008783a Start Date: 12/31/2026 End Date: 12/30/2027 $36.37 GSA 1,100 $40,007.00 CONFIDENTIAL PAGE 3 of 10 QUOTE DATE:07/17/2025 QUOTE NO:57709533 GOVERNMENT - PRICE QUOTATION SAP GOVERNMENT AT CARAHSOFT 11493 SUNSET HILLS ROAD | SUITE 100 | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | SAP@CARAHSOFT.COM SUGGESTED OPTIONS LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE 26 8011504-1-2000-611 SAP U.S. Payroll Tax Calculation by BSI, private cloud edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8011504-1-2000 Start Date: 12/31/2026 End Date: 12/30/2027 $13.59 GSA 1,100 $14,949.00 27 8018116-1-100-611 SAP S/4HANA Cloud Private Edition, utilities (1-100 Tier; Block Of 1000 Point of Delivery; Minimum of 25 Blocks; Per Year) SAP Industries, Inc. - 8018116-1-100 Start Date: 12/31/2026 End Date: 12/30/2027 $372.05 GSA 100 $37,205.00 28 8008690-611 SAP S/4HANA Cloud, additional non-productive tier, private edition (S) (1-Infinite Tier; Block Of 1 Tenant; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8008690 Start Date: 12/31/2026 End Date: 12/30/2027 $110,526.32 GSA 1 $110,526.32 29 8011084-611 SAP long-term backup, monthly cloud backup with 1-year retention, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011084 Start Date: 12/31/2026 End Date: 12/30/2027 $3,789.47 GSA 2 $7,578.94 30 8011088-611 SAP long-term backup, yearly backup with 4-year retention, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011088 Start Date: 12/31/2026 End Date: 12/30/2027 $1,368.42 GSA 2 $2,736.84 31 8019271-1-infinite-611 SAP Business Data Cloud, core capacity (1-Infinite Tier; Block Of 1 Capacity Unit; Minimum of 640 Block; Per Year) SAP Industries, Inc. - 8019271-1-infinite Start Date: 01/01/2027 End Date: 12/31/2027 $9.95 GSA 31,762 $316,031.90 32 8019709-1-Infinite-611 Customer-Managed Data Products (1-Infinite Tier; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8019709-1-Infinite Start Date: 01/01/2027 End Date: 12/31/2027 $15,789.47 GSA 1 $15,789.47 33 8019361-271-410-611 SAP Cloud ERP Private (271-410 Tier; Block Of 1 Full Use Equivalent; Minimum of 60 Block; Per Year) SAP Industries, Inc. - 8019361-271-410 Start Date: 12/31/2026 End Date: 12/30/2027 $2,650.22 GSA 313 $829,518.86 34 8016532-1-Infinite-611 SAP AI Unit (1-Infinite Tier; Block of 100 Capacity Unit; Per Year) SAP Industries, Inc. - 8016532-1-Infinite Start Date: 12/31/2026 End Date: 12/30/2027 $586.47 GSA 140 $82,105.80 35 8010751-611 Cloud Platform Enterprise Agreement, reseller edition ($12121-Infinite Tier; Block of 1 Spend Volumes; Per Year) SAP Industries, Inc. - 8010751 Start Date: 12/31/2026 End Date: 12/30/2027 $1.05 GSA 20,000 $21,000.00 CONFIDENTIAL PAGE 4 of 10 QUOTE DATE:07/17/2025 QUOTE NO:57709533 GOVERNMENT - PRICE QUOTATION SAP GOVERNMENT AT CARAHSOFT 11493 SUNSET HILLS ROAD | SUITE 100 | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | SAP@CARAHSOFT.COM SUGGESTED OPTIONS LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE 36 8019676-1001-5000-611 WalkMe Premium for SAP S/4HANA Private Cloud Edition (1001-5000 Tier; Block Of 1 Active User; Minimum of 100 Block; Per Year) SAP Industries, Inc. - 8019676-1001-5000 Start Date: 12/31/2026 End Date: 12/30/2027 $71.78 GSA 1,100 $78,958.00 YEAR 2 SUBTOTAL:$1,660,107.45 YEAR 3 37 8008678a-611 SAP S/4HANA Cloud, Digital Access, private edition (1- 1000 Tier; Block Of 1000 Document; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8008678a Start Date: 12/31/2027 End Date: 12/30/2028 $52.63 GSA 50 $2,631.50 38 8011726-1-Infinite-611 SAP Cloud, memory extension for productive tiers, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011726-1-Infinite Start Date: 12/31/2027 End Date: 12/30/2028 $26,315.79 GSA 1 $26,315.79 39 8011727-1-Infinite-611 SAP Cloud, memory extension for non-productive tiers, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011727-1-Infinite Start Date: 12/31/2027 End Date: 12/30/2028 $15,789.47 GSA 1 $15,789.47 40 8008794-611 SAP Additional File Storage, private cloud edition (1- Infinite Tier; Block Of 128 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8008794 Start Date: 12/31/2027 End Date: 12/30/2028 $1,052.63 GSA 12 $12,631.56 41 8008910a-611 SAP Core Human Capital Management Cloud, private edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8008910a Start Date: 12/31/2027 End Date: 12/30/2028 $22.97 GSA 1,100 $25,267.00 42 8008911a-611 SAP Time Tracking Cloud, private edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8008911a Start Date: 12/31/2027 End Date: 12/30/2028 $19.15 GSA 1,100 $21,065.00 43 8008783a-611 SAP Payroll Processing, private cloud edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8008783a Start Date: 12/31/2027 End Date: 12/30/2028 $36.37 GSA 1,100 $40,007.00 44 8011504-1-2000-611 SAP U.S. Payroll Tax Calculation by BSI, private cloud edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8011504-1-2000 Start Date: 12/31/2027 End Date: 12/30/2028 $13.59 GSA 1,100 $14,949.00 CONFIDENTIAL PAGE 5 of 10 QUOTE DATE:07/17/2025 QUOTE NO:57709533 GOVERNMENT - PRICE QUOTATION SAP GOVERNMENT AT CARAHSOFT 11493 SUNSET HILLS ROAD | SUITE 100 | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | SAP@CARAHSOFT.COM SUGGESTED OPTIONS LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE 45 8018116-1-100-611 SAP S/4HANA Cloud Private Edition, utilities (1-100 Tier; Block Of 1000 Point of Delivery; Minimum of 25 Blocks; Per Year) SAP Industries, Inc. - 8018116-1-100 Start Date: 12/31/2027 End Date: 12/30/2028 $372.05 GSA 100 $37,205.00 46 8008690-611 SAP S/4HANA Cloud, additional non-productive tier, private edition (S) (1-Infinite Tier; Block Of 1 Tenant; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8008690 Start Date: 12/31/2027 End Date: 12/30/2028 $110,526.32 GSA 1 $110,526.32 47 8011084-611 SAP long-term backup, monthly cloud backup with 1-year retention, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011084 Start Date: 12/31/2027 End Date: 12/30/2028 $3,789.47 GSA 2 $7,578.94 48 8011088-611 SAP long-term backup, yearly backup with 4-year retention, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011088 Start Date: 12/31/2027 End Date: 12/30/2028 $1,368.42 GSA 2 $2,736.84 49 8019271-1-infinite-611 SAP Business Data Cloud, core capacity (1-Infinite Tier; Block Of 1 Capacity Unit; Minimum of 640 Block; Per Year) SAP Industries, Inc. - 8019271-1-infinite Start Date: 01/01/2028 End Date: 12/31/2028 $9.95 GSA 31,762 $316,031.90 50 8019709-1-Infinite-611 Customer-Managed Data Products (1-Infinite Tier; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8019709-1-Infinite Start Date: 01/01/2028 End Date: 12/31/2028 $15,789.47 GSA 1 $15,789.47 51 8019361-271-410-611 SAP Cloud ERP Private (271-410 Tier; Block Of 1 Full Use Equivalent; Minimum of 60 Block; Per Year) SAP Industries, Inc. - 8019361-271-410 Start Date: 12/31/2027 End Date: 12/30/2028 $2,650.22 GSA 313 $829,518.86 52 8016532-1-Infinite-611 SAP AI Unit (1-Infinite Tier; Block of 100 Capacity Unit; Per Year) SAP Industries, Inc. - 8016532-1-Infinite Start Date: 12/31/2027 End Date: 12/30/2028 $586.47 GSA 140 $82,105.80 53 8010751-611 Cloud Platform Enterprise Agreement, reseller edition ($12121-Infinite Tier; Block of 1 Spend Volumes; Per Year) SAP Industries, Inc. - 8010751 Start Date: 12/31/2027 End Date: 12/30/2028 $1.05 GSA 20,000 $21,000.00 54 8019676-1001-5000-611 WalkMe Premium for SAP S/4HANA Private Cloud Edition (1001-5000 Tier; Block Of 1 Active User; Minimum of 100 Block; Per Year) SAP Industries, Inc. - 8019676-1001-5000 Start Date: 12/31/2027 End Date: 12/30/2028 $71.78 GSA 1,100 $78,958.00 YEAR 3 SUBTOTAL:$1,660,107.45 CONFIDENTIAL PAGE 6 of 10 QUOTE DATE:07/17/2025 QUOTE NO:57709533 GOVERNMENT - PRICE QUOTATION SAP GOVERNMENT AT CARAHSOFT 11493 SUNSET HILLS ROAD | SUITE 100 | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | SAP@CARAHSOFT.COM SUGGESTED OPTIONS LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE YEAR 4 55 8008678a-611 SAP S/4HANA Cloud, Digital Access, private edition (1- 1000 Tier; Block Of 1000 Document; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8008678a Start Date: 12/31/2028 End Date: 12/30/2029 $52.63 GSA 50 $2,631.50 56 8011726-1-Infinite-611 SAP Cloud, memory extension for productive tiers, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011726-1-Infinite Start Date: 12/31/2028 End Date: 12/30/2029 $26,315.79 GSA 1 $26,315.79 57 8011727-1-Infinite-611 SAP Cloud, memory extension for non-productive tiers, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011727-1-Infinite Start Date: 12/31/2028 End Date: 12/30/2029 $15,789.47 GSA 1 $15,789.47 58 8008794-611 SAP Additional File Storage, private cloud edition (1- Infinite Tier; Block Of 128 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8008794 Start Date: 12/31/2028 End Date: 12/30/2029 $1,052.63 GSA 12 $12,631.56 59 8008910a-611 SAP Core Human Capital Management Cloud, private edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8008910a Start Date: 12/31/2028 End Date: 12/30/2029 $22.97 GSA 1,100 $25,267.00 60 8008911a-611 SAP Time Tracking Cloud, private edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8008911a Start Date: 12/31/2028 End Date: 12/30/2029 $19.15 GSA 1,100 $21,065.00 61 8008783a-611 SAP Payroll Processing, private cloud edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8008783a Start Date: 12/31/2028 End Date: 12/30/2029 $36.37 GSA 1,100 $40,007.00 62 8011504-1-2000-611 SAP U.S. Payroll Tax Calculation by BSI, private cloud edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8011504-1-2000 Start Date: 12/31/2028 End Date: 12/30/2029 $13.59 GSA 1,100 $14,949.00 63 8018116-1-100-611 SAP S/4HANA Cloud Private Edition, utilities (1-100 Tier; Block Of 1000 Point of Delivery; Minimum of 25 Blocks; Per Year) SAP Industries, Inc. - 8018116-1-100 Start Date: 12/31/2028 End Date: 12/30/2029 $372.05 GSA 100 $37,205.00 64 8008690-611 SAP S/4HANA Cloud, additional non-productive tier, private edition (S) (1-Infinite Tier; Block Of 1 Tenant; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8008690 Start Date: 12/31/2028 End Date: 12/30/2029 $110,526.32 GSA 1 $110,526.32 CONFIDENTIAL PAGE 7 of 10 QUOTE DATE:07/17/2025 QUOTE NO:57709533 GOVERNMENT - PRICE QUOTATION SAP GOVERNMENT AT CARAHSOFT 11493 SUNSET HILLS ROAD | SUITE 100 | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | SAP@CARAHSOFT.COM SUGGESTED OPTIONS LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE 65 8011084-611 SAP long-term backup, monthly cloud backup with 1-year retention, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011084 Start Date: 12/31/2028 End Date: 12/30/2029 $3,789.47 GSA 2 $7,578.94 66 8011088-611 SAP long-term backup, yearly backup with 4-year retention, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011088 Start Date: 12/31/2028 End Date: 12/30/2029 $1,368.42 GSA 2 $2,736.84 67 8019271-1-infinite-611 SAP Business Data Cloud, core capacity (1-Infinite Tier; Block Of 1 Capacity Unit; Minimum of 640 Block; Per Year) SAP Industries, Inc. - 8019271-1-infinite Start Date: 01/01/2029 End Date: 12/31/2029 $9.95 GSA 31,762 $316,031.90 68 8019709-1-Infinite-611 Customer-Managed Data Products (1-Infinite Tier; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8019709-1-Infinite Start Date: 01/01/2029 End Date: 12/31/2029 $15,789.47 GSA 1 $15,789.47 69 8019361-271-410-611 SAP Cloud ERP Private (271-410 Tier; Block Of 1 Full Use Equivalent; Minimum of 60 Block; Per Year) SAP Industries, Inc. - 8019361-271-410 Start Date: 12/31/2028 End Date: 12/30/2029 $2,650.22 GSA 313 $829,518.86 70 8016532-1-Infinite-611 SAP AI Unit (1-Infinite Tier; Block of 100 Capacity Unit; Per Year) SAP Industries, Inc. - 8016532-1-Infinite Start Date: 12/31/2028 End Date: 12/30/2029 $586.47 GSA 140 $82,105.80 71 8010751-611 Cloud Platform Enterprise Agreement, reseller edition ($12121-Infinite Tier; Block of 1 Spend Volumes; Per Year) SAP Industries, Inc. - 8010751 Start Date: 12/31/2028 End Date: 12/30/2029 $1.05 GSA 20,000 $21,000.00 72 8019676-1001-5000-611 WalkMe Premium for SAP S/4HANA Private Cloud Edition (1001-5000 Tier; Block Of 1 Active User; Minimum of 100 Block; Per Year) SAP Industries, Inc. - 8019676-1001-5000 Start Date: 12/31/2028 End Date: 12/30/2029 $71.78 GSA 1,100 $78,958.00 YEAR 4 SUBTOTAL:$1,660,107.45 YEAR 5 73 8008678a-611 SAP S/4HANA Cloud, Digital Access, private edition (1- 1000 Tier; Block Of 1000 Document; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8008678a Start Date: 12/31/2029 End Date: 12/30/2030 $52.63 GSA 50 $2,631.50 74 8011726-1-Infinite-611 SAP Cloud, memory extension for productive tiers, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011726-1-Infinite Start Date: 12/31/2029 End Date: 12/30/2030 $26,315.79 GSA 1 $26,315.79 CONFIDENTIAL PAGE 8 of 10 QUOTE DATE:07/17/2025 QUOTE NO:57709533 GOVERNMENT - PRICE QUOTATION SAP GOVERNMENT AT CARAHSOFT 11493 SUNSET HILLS ROAD | SUITE 100 | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | SAP@CARAHSOFT.COM SUGGESTED OPTIONS LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE 75 8011727-1-Infinite-611 SAP Cloud, memory extension for non-productive tiers, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011727-1-Infinite Start Date: 12/31/2029 End Date: 12/30/2030 $15,789.47 GSA 1 $15,789.47 76 8008794-611 SAP Additional File Storage, private cloud edition (1- Infinite Tier; Block Of 128 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8008794 Start Date: 12/31/2029 End Date: 12/30/2030 $1,052.63 GSA 12 $12,631.56 77 8008910a-611 SAP Core Human Capital Management Cloud, private edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8008910a Start Date: 12/31/2029 End Date: 12/30/2030 $22.97 GSA 1,100 $25,267.00 78 8008911a-611 SAP Time Tracking Cloud, private edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8008911a Start Date: 12/31/2029 End Date: 12/30/2030 $19.15 GSA 1,100 $21,065.00 79 8008783a-611 SAP Payroll Processing, private cloud edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8008783a Start Date: 12/31/2029 End Date: 12/30/2030 $36.37 GSA 1,100 $40,007.00 80 8011504-1-2000-611 SAP U.S. Payroll Tax Calculation by BSI, private cloud edition (1-2000 Tier; Block Of 1 User; Minimum of 500 Blocks; Per Year) SAP Industries, Inc. - 8011504-1-2000 Start Date: 12/31/2029 End Date: 12/30/2030 $13.59 GSA 1,100 $14,949.00 81 8018116-1-100-611 SAP S/4HANA Cloud Private Edition, utilities (1-100 Tier; Block Of 1000 Point of Delivery; Minimum of 25 Blocks; Per Year) SAP Industries, Inc. - 8018116-1-100 Start Date: 12/31/2029 End Date: 12/30/2030 $372.05 GSA 100 $37,205.00 82 8008690-611 SAP S/4HANA Cloud, additional non-productive tier, private edition (S) (1-Infinite Tier; Block Of 1 Tenant; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8008690 Start Date: 12/31/2029 End Date: 12/30/2030 $110,526.32 GSA 1 $110,526.32 83 8011084-611 SAP long-term backup, monthly cloud backup with 1-year retention, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011084 Start Date: 12/31/2029 End Date: 12/30/2030 $3,789.47 GSA 2 $7,578.94 84 8011088-611 SAP long-term backup, yearly backup with 4-year retention, private edition (1-Infinite Tier; Block Of 256 Gigabyte; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8011088 Start Date: 12/31/2029 End Date: 12/30/2030 $1,368.42 GSA 2 $2,736.84 CONFIDENTIAL PAGE 9 of 10 QUOTE DATE:07/17/2025 QUOTE NO:57709533 GOVERNMENT - PRICE QUOTATION SAP GOVERNMENT AT CARAHSOFT 11493 SUNSET HILLS ROAD | SUITE 100 | RESTON, VIRGINIA 20190 PHONE (703) 871-8500 | FAX (703) 871-8505 | TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM | SAP@CARAHSOFT.COM SUGGESTED OPTIONS LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE 85 8019271-1-infinite-611 SAP Business Data Cloud, core capacity (1-Infinite Tier; Block Of 1 Capacity Unit; Minimum of 640 Block; Per Year) SAP Industries, Inc. - 8019271-1-infinite Start Date: 01/01/2030 End Date: 12/31/2030 $9.95 GSA 31,762 $316,031.90 86 8019709-1-Infinite-611 Customer-Managed Data Products (1-Infinite Tier; Minimum of 1 Block; Per Year) SAP Industries, Inc. - 8019709-1-Infinite Start Date: 01/01/2030 End Date: 12/31/2030 $15,789.47 GSA 1 $15,789.47 87 8019361-271-410-611 SAP Cloud ERP Private (271-410 Tier; Block Of 1 Full Use Equivalent; Minimum of 60 Block; Per Year) SAP Industries, Inc. - 8019361-271-410 Start Date: 12/31/2029 End Date: 12/30/2030 $2,650.22 GSA 313 $829,518.86 88 8016532-1-Infinite-611 SAP AI Unit (1-Infinite Tier; Block of 100 Capacity Unit; Per Year) SAP Industries, Inc. - 8016532-1-Infinite Start Date: 12/31/2029 End Date: 12/30/2030 $586.47 GSA 140 $82,105.80 89 8010751-611 Cloud Platform Enterprise Agreement, reseller edition ($12121-Infinite Tier; Block of 1 Spend Volumes; Per Year) SAP Industries, Inc. - 8010751 Start Date: 12/31/2029 End Date: 12/30/2030 $1.05 GSA 20,000 $21,000.00 90 8019676-1001-5000-611 WalkMe Premium for SAP S/4HANA Private Cloud Edition (1001-5000 Tier; Block Of 1 Active User; Minimum of 100 Block; Per Year) SAP Industries, Inc. - 8019676-1001-5000 Start Date: 12/31/2029 End Date: 12/30/2030 $71.78 GSA 1,100 $78,958.00 YEAR 5 SUBTOTAL:$1,660,107.45 SUGGESTED OPTIONS SUBTOTAL:$6,640,429.80 Quote Notes: City of Palo Alto must reference Carahsoft Quote Number 57709533 and GSA MAS 8F : 47QSWA18D008F on any resulting purchase order. City of Palo Alto's access to and use of the SAP Cloud Services, and SAP's obligations thereto, are subject to the following, which are collectively referred to as the "Customer Cloud Agreement", and which are given priority in the order listed: 1) Appendix A - Additional Terms Document (attached hereto) 2) Exhibit 1 - End User Selected SAP BW Capacity Services (attached hereto) 2) SAP Product Development Schedule (attached hereto) 3) Cloud Services Supplement (will vary based on solution) (attached hereto) 4) SAP Support Schedule (attached hereto) 5) SAP Service Level Agreement (attached hereto) 6) SAP GSA Data Processing Agreement (attached hereto) 7) SAP GSA General Terms and Conditions for SAP Cloud Services (attached hereto) CONFIDENTIAL PAGE 10 of 10 QUOTE DATE:07/17/2025 QUOTE NO:57709533 Page 1 of 6 APPENDIX A - ADDITIONAL TERMS 1.ADDITIONAL TERMS The Agreement is subject to the following modifications: 1.1. Product Development Schedule The Product Development Schedule (attached hereto) is incorporated into and becomes an integral part of the Order Form. 1.EXPORT RESTRICTIONS SAP's Export Control and Sanctions Compliance: SAP software products and services are subject to the export control and sanctions laws of various countries, including witho ut limitation, the laws of Germany, the European Union, and the United States of America. Destination Restrictions: Taking into account overall business risks, SAP products and services are not available for export, reexport, transfer and/or use in the following countries/regions (subject to change without notice): •Crimea Region / Sevastopol •the so-called Donetsk People’s Republic (DNR) / Luhansk People’s Republic (LNR) •the non-government controlled areas of Ukraine in the oblasts of Kherson and Zaporizhzhia •Cuba •Iran •North Korea •Syria In the light of various tightened sanctions, some SAP products and services may not be available in Russia and Belarus. Additionally, transactions with or related to certain destinations that pose an elevated export control or sanctions risk for SAP are subject to enhanced due diligence requirements, which may include authorization from the competent authorities. End-User Restrictions: SAP products and services are not available to entities and individuals with whom transactions are prohibited under applicable export control and sanctions laws, including those listed on any applicable sanctioned party lists (e.g., European Union Sanctions List, U.S. Specially Designated National (SDN) lists, U.S. Denied Persons List, BIS Entity List, United Nations Security Council Sanctions). End-Use Restrictions: A license, authorization or other documentation may be required to proceed with transactions involving restricted end -uses, including: •Military end-uses that may implicate an arms embargo or similar restriction; •Certain civil nuclear end-uses; or •Industry-specific end-use restrictions, such as those related to certain energy and financial sectors. All such transactions are subject to enhanced due diligence and licensing determinations are made on a case-by-case basis. SAP software and services may not be used for end-uses relating to the development, design, manufacture or production of nuclear, chemical or biological weapons (“Weapons of Mass Destruction”). Export Classification: SAP products are classified for export under the Annex I of the Regulation 2021/821 ("EU Dual -use Regulation")/EC and U.S. Export Administration Regulations (US EAR). A listing of U.S. and EU Export Control Classification Numbers (ECCN), applicable U.S. license exceptions and CCATS (where applicable) is available at the SAP ECCN MATRIX link below. All information provided in the SAP ECCN Matrix may be subject to change without notice. Please contact ExportControlClassification@sap.com with any questions regarding the SAP ECCN Matrix. 2.CLOUD PLATFORM ENTERPRISE AGREEMENT 2.1. Application This Section applies only to CPEA Cloud Services as defined below. Page 2 of 6 2.2. Definitions 2.2.1. “Active Cloud Service” means an Eligible Cloud Service that End User activated and has not deactivated. 2.2.2. “Cloud Credits” means the monetary amount available for the relevant Cloud Credits Period, as specified under “Usage Metric Limitation/Volume” in Schedule 1 in this Order Form for the Initial Term and calculated accordingly for each Cloud Credits Period thereafter. 2.2.3. “Cloud Credits Period” means: 2.2.3.1. for the Initial Term, each period starting on a Product Start Date and ending on the next Product End Date as set forth for t he CPEA Cloud Services and the Cloud Platform Voucher in Schedule 1 in this Order Form; and 2.2.3.2. for each Renewal Subscription Term, (a) every 12 months period, (b) unless the remaining part of the current Renewal Subscription Term is shorter than 12 months, in which case the last period will be equal to the remaining part of the Renewal Subscription Term, whereby each period starts on the first day after the previous Cloud Credits Period ended. 2.2.4. “CPEA Cloud Services” means Cloud Services designated as "Cloud Platform Enterprise Agreement" in Schedule 1 in this Order Form. 2.2.5. “Eligible Cloud Services” means the cloud services listed in the Eligible Cloud Services List. 2.2.6. “Eligible Cloud Services List” is the list of Eligible Cloud Services found on the SAP Business Technology Platform Website here https://cloudplatform.sap.com/capabilities/price-list.cpea-resell.html. 2.2.7. "Free Tier Cloud Services" means designated Eligible Cloud Services provided for no fee and marked with “Service Plan: Free” in the Eligible Cloud Services List. 2.3. Excess Use 2.3.1. The terms and conditions of the Cloud Resell Agreement apply to the CPEA Cloud Services as well as to the Cloud Platform Voucher. However, any terms relating to excess use in particular Article 4 “Changes to Usage Metric”, Section 3. “Over usage of Usage Metric” of the Sell Cloud Model shall not apply. 2.4. Consumption of Cloud Credits 2.4.1. During any Cloud Credits Period, Cloud Credits can be used by End User to activate any of the Eligible Cloud Services through the administrative cockpit of the SAP Business Technology Platform. Each Active Cloud Service is deemed a Cloud Service as defined in the Cloud Resell Agreement and is subject to its product-specific Supplemental Terms. 2.4.2. If End User has Cloud Credits available for the current Cloud Credits Period, SAP will: (a) deduct fees for the activation and/or use of the Active Cloud Services by End User from the Cloud Credits based on the corresponding metric, range, if applicable, and per-unit list price as specified in the Eligible Cloud Services List; and (b) provide a monthly balance statement reflecting the activation and/or use of the Active Cloud Services by End User for the preceding calendar month and the remaining balance of Cloud Credits. 2.4.3. If the Cloud Credits for the current Cloud Credits Period have been fully consumed, SAP will invoice End User monthly in arrears for the activation and/or use of the Active Cloud Services instead. 2.4.4. Cloud Credits will only be available during the current Cloud Credits Period. SAP may increase the Cloud Credits during a Cloud Credits Period by executing an order form for additional Cloud Credits. 2.4.5. Any unused Cloud Credits are forfeited by End User at the end of the current Cloud Credits Period and will not be available for use in any subsequent Cloud Credits Period. 2.4.6. SAP reserves the right to inform End User directly of such consumption of Cloud Credits. 2.5. Activation and Deactivation of Active Cloud Services 2.5.1. During any Cloud Credits Period, End User can activate any of the Eligible Cloud Services through the administrative cockpit of the SAP Business Technology Platform. Each Active Cloud Service is deemed a Cloud Service as defined in the Cloud Resell Agreement and is subject to its product specific Supplemental Terms. 2.5.2. SAP confirms that: (a) End User is solely responsible for deactivating any Active Cloud Service. (b) the technical administrator set out in this Order Form (and any successor designated by End User) is authorized by End User to activate and deactivate Eligible Cloud Services. End User is solely responsible for any acts or omissions taken by such administrators. 2.6. Fee Changes Page 3 of 6 Deviating from the relevant terms of the Cloud Resell Agreement, SAP may increase the fees as follows: 2.7. Changes to Eligible Cloud Services List Deviating from the relevant terms of the Cloud Resell Agreement, SAP may increase the per-unit list prices as follow: 2.7.1. Changes to Per-Unit List Prices Increases in the per-unit list prices for Eligible Cloud Services will not exceed 3.3%. SAP shall give notice of price increases to End User by email at least 45 days before the start of the next Renewal Term. The increased per-unit list prices shall apply to the Eligible Cloud Services at the beginning of the next Renewal Term. If SAP notifies End User of an increase less than 45 days prior to upcoming Renewal Term, the increase shall not apply at the start of the upcoming Renewal Term but from the one thereafter onwards. 2.7.2. Reductions in Per-Unit List Prices SAP shall reflect reductions in per-unit list prices for Eligible Cloud Services on the next full monthly report or invoice if such reduced per-unit list price is lower than the per-unit list price in effect on the later of the Effective Date of the Order Form or the date the Cloud Service becomes an Eligible Cloud Service. 2.7.3. Information of End User SAP may inform the End User of increases or reductions in the per-unit list prices for Eligible Cloud Services by email or through the administrative cockpit of the SAP Business Technology Platform. 2.7.4. Adding and Removing Eligible Cloud Services 2.7.4.1. SAP may add Cloud Services and associated per-unit list prices to the Eligible Cloud Services List during the Initial Term and any Renewal Term. SAP may remove any Eligible Cloud Service from the Eligible Cloud Services List by giving the End User 6 months’ prior notice. SAP shall give such notice by email or through the administrative cockpit of the SAP Business Technology Platform. However, End User may keep such Eligible Cloud Services activated for the remainder of its then-current Initial Term or Renewal Term. 2.7.4.2. Notwithstanding the above, the following Eligible Cloud Services in the region/data center marked as “Neo” on the Eligible Cloud Services List are being sunset on December 31, 2028 (“Sunset Services”); Carahsoft has to inform End User and ensure that irrespective of End User’s Initial Term or Renewal Term, End User may activate and keep such Sunset Services subscription no longer than December 31, 2028: Alert Notification Bandwidth Custom Domain Data Quality Services Document Service Event Mesh Forms Service by Adobe Identity Authentication Java Server Portal SAP ASE SAP Fiori Cloud SAP HANA Service SAP Integration (Process Integration) SAP Translation Hub SAP Web IDE Dynatrace Agent Activation service for SAP BTP SAP Mobile Services, Agentry component SAP Authorization and Trust Management service SAP Connectivity service Identity Provisioning service Page 4 of 6 SAP Keystore service SAP Monitoring service for SAP BTP OAuth 2.0 on SAP BTP SAP Solution Lifecycle Management service for SAP BTP 2.8. Relationship to Subscription Cloud Services Any use of a Cloud Service by End User in excess of the Usage Metric stated in the Order Form will be regarded as use of an Active Cloud Service and End User will be billed accordingly. 2.9. Free Tier Cloud Services SAP may provide End User with Free Tier Cloud Services based on the following restrictions: 2.9.1. Free Tier Cloud Service may only be used for non-productive testing and evaluation and may not be used to process Personal Data. 2.9.2. End User's use of the Free Tier Cloud Services is subject to the specifications in the administrative cockpit of the SAP Business Technology Platform ("Cockpit Specifications"). SAP may modify the Cockpit Specifications at any time without notice. SAP may terminate End User's use of the Free Tier Cloud Services without advance notice for failure to adhere to the Cockpit Specifications. 2.9.3. SAP may remove any Free Tier Cloud Service from the Eligible Cloud Services List upon one month's prior notice. SAP shall give such notice by email or through the administrative cockpit of the SAP Business Technology Platform. 2.9.4. SAP may deactivate End User's Free Tier Cloud Services if, in SAP's sole determination, End User is not actively using the services. 2.9.5. SAP will not provide any support for the Free Tier Cloud Services and the Support Schedule does not apply. 3. PRICE PROTECTION At any time during the Initial Subscription Term, Customer may purchase additional Usage Metrics of the Cloud Service(s) or subscribe to additional Cloud Services as listed below by signing an “Add/Upsell” Order Form and paying the annual fee specif ied in the table below. Product Name Usage Metric Price Per Unit SAP S/4HANA Cld, Digital Access, priv ed 1000 Document $52.63 SAP Cld, mem ext f. prod tiers, priv ed 256 Gigabyte $26,315.79 SAP Cld, mem ext f. non-prd, Priv Ed 256 Gigabyte $15,789.47 SAP Addit File Storage, priv cld ed 128 Gigabyte $1,052.63 SAP Core HCM Cld, priv ed 1 User $22.97 SAP Time Track Cld, priv ed 1 User $19.15 SAP Payroll Processing, pce 1 User $36.37 SAP S/4HANA Cloud Pr. Ed., utilities 1000 Point of Delivery $372.05 S/4 Cld, addt non-prod tier, priv ed (S) 1 Tenant $110,526.32 SAP LT Backup, monthly and 1 yr, PE 256 Gigabyte $3,789.47 SAP LT Backup, yearly backup and 4 yr,PE 256 Gigabyte $1,368.42 SAP Business Data Cloud core capacity 1 Capacity Unit $9.95 Customer Managed Data Products 1 Flat Fee $15,789.47 SAP Cloud ERP Private 1 Full Use Equivalent $2,650.22 SAP AI Unit 100 Capacity Unit $586.47 WalkMe Premium for SAP S/4HANA Priv Cl 1 Active User $71.78 4. TRANSFORMATION INCENTIVE 4.1. End User is not in default of any payments to SAP, SAP grants a credit in the amount set forth herein ("Cloud Credit"). The Cloud Credit is applied towards fees in future invoices issued under this Order Form. 4.2. SAP grants the Cloud Credit as follows: (i) the initial Cloud Credit is granted on the Product Start Date for the Private Clo ud Services (as defined below) (“Phase 1”), and (ii) the remaining Cloud Credit is granted when End User (or Carahsoft on behalf of End User) submits the completed clean core questionnaire via SAP Cloud ALM and makes a selection to use (a) SAP professional services; (b) a Qualified Partner; or (c) End User’s own resources to support End User’s conversion, migration, or greenfield implementation of the RISE Cloud Services and eligible Cloud Services under the Transformation Incentive (“Phase 2”). A “Qualified Partner” is an implementation partner listed on https://www.sap.com/partners/find.html, which has a minimum competency level of “Essential” for the Private Cloud Services. “Private Cloud Services” means SAP Cloud ERP Private, AND Page 5 of 6 RISE with SAP S/4HANA Cloud, private edition. 4.3. SAP grants a Cloud Credit in the amount of USD $ 791,526.63 in Phase 1. 4.4. SAP grants a Cloud Credit in the amount of USD $ 791,526.63 in Phase 2. 4.5. Subject to the immediately subsequent section below, the Cloud Credit shall be applied towards the fees in such future invoices for SAP Cloud Services until the Cloud Credit has been fully applied. Any remaining balance of the Cloud Credit after the termination or expiration of the subscription to SAP Cloud Services shall be forfeited. 4.6. The Cloud Credit must be fully applied within 24 months of the Order Form Effective Date, after which the Cloud Credit shall expire, and no refund or remuneration will be provided. 5. ADDITIONAL TERMS FOR SAP BUSINESS DATA CLOUD, CORE CAPACITY 5.1.1. Management of End User Capacity Service Selection and SAP Provisioning and Delivery End User’s selection of specific Capacity Services from those available with the SAP Business Data Cloud, core capacity Cloud Service (as set forth in the SAP Business Data Cloud Supplement) and SAP’s provisioning and delivery thereof (all subject to the Usage Metric Limitation and Subscription Term for the SAP Business Data Cloud, core capacity Cloud Service) will be documented and managed using: (a) for Capacity Services (other than SAP BW Capacity Services), the Customer portal found at https://me.sap.com/home (inclusive of any successor site(s) made available by SAP, “SAP for Me”) will be used; and (b) for SAP BW Capacity Services, “Exhibit 1, End User Selected SAP BW Capacity Services”, which is incorporated herein and made a part hereof as “Exhibit 1” to the Order Form. For purposes of clarity, if End User does not select any SAP BW Capacity Services as of the effective date of the Order Form: (i) only a “shell” Exhibit 1 will be included as of the effective date of this Order Form; (ii) should End User subsequently (i.e., during the Subscription Term) desire any SAP BW Capacity Services, End User will notify SAP of the same and the parties will work in good faith to complete the Exhibit 1 shell and incorporate such completed Exhibit 1 as part of this Order Form via written amendment; and (iii) no SAP BW Capacity Services will be provisioned or delivered hereunder until the requirements in (ii) are complete. 5.1.2. Regarding SAP BW Capacity Services Provisioning and availability of SAP BW Capacity Services may be delayed beyond the Product Start Date for SAP Business Data Cloud, core capacity. Applicable product start dates for SAP BW Capacity Services will be as set forth in Exhibit 1. 5.1.3. Regarding SAP Databricks Capacity Services (all of which are non-SAP developed cloud services) 5.1.3.1. Special Terms Applicable to SAP Databricks Capacity Services Notwithstanding anything in the Agreement to the contrary, the following special terms apply to all SAP Databricks Capacity Services in the SAP Business Data Cloud Supplement: 5.1.3.1.1. End User has the option to consume SAP Databricks Capacity Services, provided that End User first accepts a separate agreement with Databricks (“Databricks Agreement”), which is provided for acceptance during provisioning of the SAP Databricks Capacity Services. A reference copy of the Databricks Agreement is available for preview at https://www.databricks.com/legal/sap-databricks-tos. End User has no entitlement to and cannot use the SAP Databricks Capacity Services if it does not enter into a Databricks Agreement. 5.1.3.1.2. SAP is not a party to the Databricks Agreement and has no control over the Databricks Agreement. 5.1.3.1.3. The following subject matter is governed exclusively by the Databricks Agreement: (a) all data protection obligations applicable to processing of Personal Data by or within SAP Databricks Capacity Services; and (b) all administrative, physical, and technical safeguards to protect the security and confidentiality of SAP Databricks Capacity Services and the Databricks Customer Data. “Databricks Customer Data” means any Customer Data processed by or within SAP Databricks Capacity Services. 5.1.3.1.4. For clarity, the DPA in the Agreement with SAP does not apply to SAP Databricks Capacity Services. 5.1.3.1.5. SAP is not a processor or subprocessor of any Personal Data by or within SAP Databricks Capacity Services, and SAP is not responsible for any processing of Personal Data by Databricks, or for Databricks complying with any data protection or privacy laws applicable to Personal Data. 5.1.3.1.6. The Security Measures of the SAP Cloud Services apply to SAP Cloud Services independently processing Customer Data outside of SAP Databricks Capacity Services, and do not apply to SAP Databricks Capacity Services. SAP is not responsible for providing or maintaining any security or technical and organizational measures of any kind for SAP Databricks Capacity Services or Databricks Customer Data in SAP Databricks Capacity Services. The security and data protection Page 6 of 6 commitments for SAP Databricks Capacity Services and Databricks Customer Data are made solely between End User and Databricks pursuant to the Databricks Agreement. References to SAP Cloud Services in this section do not include SAP Databricks Capacity Services. 5.1.3.1.7. All responsibility, liability, any regulatory requirements, and allocation of risk for Databricks Customer Data in SAP Databricks Capacity Services are exclusively between End User and Databricks pursuant to the Databricks Agreement, and SAP has no responsibility or liability for damages of any kind relating to Databricks Customer Data in SAP Databricks Capacity Services except to the extent caused by SAP. 5.1.3.1.8. Electing to use SAP Databricks Capacity Services is an option for customers with a subscription for the SAP Business Data Cloud, core capacity Cloud Service; Carahsoft does not have any right of refund on the basis that End User has elected not to enter into the Databricks Agreement to use SAP Databricks Capacity Services. 5.1.3.1.9. If Databricks notifies SAP that it is terminating the Databricks Agreement due to a material uncured breach by End User, End User’s subscription to all SAP Databricks Capacity Services will automatically terminate upon the termination effective date of the Databricks Agreement and Databricks will de-activate End User’s access to all SAP Databricks Capacity Services. End User will not be entitled to a refund or reduction of the Capacity Units as a result of an SAP Databricks Capacity Services termination, but End User may instead allocate the remaining balance of the Capacity Units to consume other eligible non-SAP Databricks Capacity Services as set forth in the SAP Business Data Cloud Supplemental Terms. 5.1.3.1.10. Without limiting the foregoing, no term in the Databricks Agreement will be deemed to modify the Agreement or any other agreement between End User and SAP, unless otherwise expressly agreed in writing by SAP. EXHIBIT 1 END USER SELECTED SAP BW CAPACITY SERVICES Single Phase [00-Jan-1900 - 00-Jan-1900] Business Data Cloud - Capacity Service In Blocks Of Sales Unit Metric DR Relevant Quantity CU Rate Per Block Monthly CUs SAP BW/4HANA Cloud, base package, private edition 1 Tenant Y SAP BW/4HANA Cloud, additional non-productive, base package, private edition 256 Gigabytes of Memory N SAP BW NetWeaver Cloud, base package, private edition 1 Tenant Y SAP BW NetWeaver Cloud, additional non-productive, base package, private edition 256 Gigabytes of Memory N SAP BI Java Server Cloud, private edition (8 cores) 1 Tenant Y SAP BI Java Server Cloud, additional non-productive, private edition (8 cores) 32 Gigabytes of Memory N SAP Cloud, memory extension for product tiers, private edition 256 Gigabytes of Memory Y SAP Cloud, memory extension for non-productive tiers, private edition 256 Gigabytes of Memory N SAP S/4HANA Cloud Private Edition Application Server for Linux, additional production tenant 1 Tenant Y SAP S/4HANA Cloud Private Edition Application Server for Linux, additional production tenant, upgrade 64 Gigabytes of Memory Y SAP S/4HANA Cloud Private Edition Application Server for Linux, additional non-production tenant 1 Tenant N SAP S/4HANA Cloud Private Edition Application Server for Linux, additional non-production tenant, upgrade 64 Gigabytes of Memory N SAP IaaS Server Linux Cloud, private edition (128GB) 1 Tenant N SAP Additional Database Storage, private cloud edition 128 Gigabytes of Storage Y SAP Additional File Storage, private cloud edition 128 Gigabytes of Storage N SAP Connection Package for productive tiers, private cloud edition 1 Tenant Y SAP Connection Package for non-productive tiers, private cloud edition 1 Tenant N SAP Business Planning and Consolidation, professional edition for SAP BW/4HANA Cloud (planning only), private edition 1 User Y SAP Business Planning and Consolidation, professional edition for SAP BW/4HANA Cloud, private edition 1 User Y SAP Business Planning and Consolidation, standard edition for SAP BW/4HANA Cloud, private edition 1 User Y SAP Business Planning and Consolidation, standard edition for SAP BW/4HANA Cloud (planning only), private edition 1 User Y SAP Business Planning and Consolidation, professional edition for SAP NetWeaver Cloud (planning only), private edition 1 User Y SAP Business Planning and Consolidation, professional edition for SAP NetWeaver Cloud, private edition 1 User Y SAP Business Planning and Consolidation, standard edition for SAP NetWeaver Cloud, private edition 1 User Y SAP Business Planning and Consolidation, standard edition for SAP NetWeaver Cloud (planning only), private edition 1 User Y SAP S/4HANA Cloud, disaster recovery, private edition 1 % of Net Recurring Fee (1) The minimum duration for SAP BW/4HANA Cloud, base package, private edition and SAP BW NetWeaver Cloud, base package, private edition Capacity Services is 1 year. (2) The maximum system size supported for a HANA DB is 12 terabytes of memory. (3) If the end date for any SAP BW Capacity Service(s) precedes expiration of the Subscription Term for SAP Business Data Cloud, core capacity, End User must provide SAP at least 60 days advance written notice of End User’s desire to extend the end date for such SAP BW Capacity Services. If timely End User notice is not received, or if timely nd User notice is received but the parties do not subsequently enter into a timely written amendment extending the end date for such SAP BW Capacity Services, then such SAP BW Capacity Services will be decommissioned based upon the original end date. The following footnotes only apply if the quantity is blank and no dates are reflected in the above table: (4) As of the effective date of this Order Form, End User has not selected any SAP BW Capacity Services. As such, this is a “shell” Exhibit 1. (5) This “shell” Exhibit 1 only shows a single phase. If in the future the parties agree, via written amendment, to enable any SAP BW Capacity Services, additional phase(s) may be possible. SAP Product Development Schedule enGLOBAL.v.3-2021 Page 1 of 1 SAP Product Development Schedule This Product Development Schedule details how SAP, SAP SE, or SAP Affiliates (“SAP Group”) uses Customer Data for general product research and development, including creating new products, services, or components not specific to a given service or customer (together, “Product Development”). 1. PRODUCT DEVELOPMENT PROCESSING Notwithstanding anything in the Agreement, the SAP Group may also process Customer Data in accordance with this Product Development Schedule for Product Development purposes globally, provided the output of such processing does not identify Customer, Authorized Users, natural persons, or otherwise reveal Customer Confidential Information (“Product Development Processing”). The following additional rules shall apply to Product Development Processing: a) Personal Data used for Product Development Processing must be either (i) anonymized during or directly after extraction from Customer’s instance of the Cloud Service before being further used for Product Development, or (ii) extracted for immediate Product Development Processing using automated extraction and processing technologies (e.g., algorithms or software), and then automatically deleted thereafter. Except as set out above or otherwise set out in the Agreement, Personal Data is only used to provide and support the Cloud Service and Consulting Service. b) During Product Development Processing, the SAP Group will not (a) use Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data processed for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation or (b) isolate the content of Customer Data in a manner that puts the SAP Group in a position to identify individual data subjects during or after Product Development Processing. c) Product Development Processing is subject to the same confidentiality and non-disclosure protections applicable to Customer Data. d) Product Development Processing will be performed using appropriate technical and organizational measures to provide a level of security appropriate to the risk of Product Development Processing. e) Any result, output or derivative of Product Development or Product Development Processing shall be treated as Cloud Materials. Customer shall retain all ownership rights in Customer Data. f) Notwithstanding anything in the Agreement, only the data processing, non-disclosure, and security terms identified in this Product Development Schedule shall apply to Product Development Processing. 2. PERMISSION MANAGEMENT Where SAP makes such functionality available to Customer (e.g., customer dashboard), Customer may remove Product Development Processing permissions under this Product Development Schedule. SAP Cloud ERP Private and RISE with SAP S/4HANA Cloud, private edition Supplement enGLOBAL.v.4-2025 Page 1 of 10 SAP Cloud ERP Private and RISE with SAP S/4HANA Cloud, private edition Supplemental Terms and Conditions This Supplement is part of an Agreement for SAP Cloud Services between SAP and Customer and applies only to SAP Cloud ERP Private; SAP Cloud ERP Private, base option; RISE with SAP S/4HANA Cloud, private edition, base; RISE with SAP S/4HANA Cloud, private edition and experience management; RISE with SAP S/4HANA Cloud, private edition, premium and premium plus; SAP extended services for SAP S/4HANA Cloud, private edition; and RISE with SAP S/4HANA Cloud, private edition, upgrade option Cloud Services and their optional add-ons to which Customer is subscribed (the “Cloud Service”). Any documents referenced in this Supplement are available upon request. 1. CLOUD SERVICE 1.1. The Usage Metrics and additional terms of the Cloud Service are described in the SAP Cloud ERP Private and RISE with SAP S/4HANA Cloud, private edition Service Description Guide (“SDG”) available at https://www.sap.com/about/trust-center/agreements/cloud/cloud-services.html?tag=agreements:product-use- support-terms/service-description-guides&sort=latest_desc (“Service Description Guide”). 1.2. Certain features integrated in the Cloud Service and described as “Cloud Features” as described in the SDG and/or the then-current Documentation may be provisioned on the SAP Business Technology Platform, a multi - tenant cloud platform (“BTP”). 1.3. Cloud Service Software may only be accessed and used as a part of the Cloud Service subscribed to by Customer. “Cloud Service Software” means the software included in the Cloud Service as part of the Cloud Service. 1.4. If Customer subscribes to the RISE with SAP S/4HANA Cloud, private edition base, premium, or premium plus Cloud Service, Customer will receive access to the following additional, multi -tenant cloud services subject to the limitations indicated herein (collectively, “Bundled Cloud Services”). Use of each Bundled Cloud Service is subject to the supplemental terms located at http://www.sap.com/agreements-cloud-supplement. Bundled Cloud Service RISE with SAP S/4HANA Cloud, private edition, base RISE with SAP S/4HANA Cloud, private edition, premium (“Premium”) RISE with SAP S/4HANA Cloud, private edition, premium plus (“Premium Plus”)* Bundled Cloud Services Limitation SAP Build Work Zone, standard edition X X X For each Full Usage Equivalent of RISE with SAP S/4HANA Cloud, private edition, Customer is entitled to 1 Active User SAP Build Apps, Enterprise Edition X X See table in Section 1.4.1 SAP Build Process Automation X X See table in Section 1.4.1 CPEA Voucher If specified in the Order Form If specified in the Order Form As indicated in the Order Form SAP S/4HANA Cloud for Group Reporting, private edition X X X For Base and Premium, 50 Objects. For Premium Plus, see table in Section 1.4.1 SAP Group Reporting Data Collection X X X For Base and Premium, 50 Objects. For Premium Plus, see table in Section 1.4.1 SAP Analytics Cloud for planning, X X 10 Standard Users and 1 Professional User SAP Cloud ERP Private and RISE with SAP S/4HANA Cloud, private edition Supplement enGLOBAL.v.4-2025 Page 2 of 10 predictive standard and professional edition, dedication option SAP S/4HANA Cloud for Cash Management X See table in Section 1.4.1 SAP S/4HANA Cloud for Receivables Management X See table in Section 1.4.1 SAP Business Network Supplier Portal X X 100,000 Documents SAP Sustainability Control Tower X 10 Records SAP Sustainability Footprint Management X 10 Records SAP Datasphere X X See table in Section 1.4.1 SAP AI Unit If specified in the Order Form. X For Premium, as indicated in the Order Form. For Premium Plus, see Section 2 Joule X X X 2,500 Messages Per FUE Per Contract Year *If Customer subscribes to RISE with SAP S/4HANA Cloud, private edition, upgrade option, Customer is eligible to receive the difference in Bundled Cloud Services between those received under the RISE with SAP S/4HANA Cloud, premium order form and those specified herein for RISE with SAP S/4HANA Cloud, premium plus based on the usage volume under the RISE with SAP S/4HANA Cloud, premium order form . 1.4.1. Additional access limitations apply to Bundled Cloud Services as noted in the tables immediately below. FUEs SAP Build Apps, Enterprise Edition* SAP Build Process Automation* Standard Users Advanced Users Attended Automation Unattended Automation 1 - 135 1 Base Package 20 5 1 2 136 - 550 1 Base Package 20 5 1 2 551 – 1,000 2 Base Packages 50 10 2 4 1,001 – 2,000 2 Base Packages 50 10 2 4 2,001 – 4,000 2 Base Packages 50 10 2 4 4,001 – 6,000 3 Base Packages plus 25 Active Users 100 20 4 8 6,001 – 12,000 3 Base Packages plus 25 Active Users 100 20 4 8 12,001 – 25,000 3 Base Packages plus 75 Active Users 150 75 4 8 25,000 + 3 Base Packages plus 225 Active Users 300 100 5 10 *Use is subject to the BTP Supplement. SAP Cloud ERP Private and RISE with SAP S/4HANA Cloud, private edition Supplement enGLOBAL.v.4-2025 Page 3 of 10 FUEs SAP S/4HANA Cloud for Group Reporting, private edition and SAP Group Reporting Data Collection SAP S/4HANA Cloud for Cash Management, private edition and SAP S/4HANA Cloud for Receivables Management, private edition 1 - 135 50 Objects 2 Users and 2 Revenue 136 - 550 50 Objects 2 Users and 2 Revenue 551 – 1,000 100 Objects 4 Users and 4 Revenue 1,001 – 2,000 100 Objects 4 Users and 4 Revenue 2,001 – 4,000 150 Objects 4 Users and 4 Revenue 4,001 – 6,000 150 Objects 8 Users and 8 Revenue 6,001 – 12,000 200 Objects 8 Users and 8 Revenue 12,001 – 25,000 400 Objects 12 Users and 12 Revenue 25,000 + 625 Objects 16 Users and 16 Revenue FUEs SAP Datasphere (per Month) 1 - 135 1,700 Capacity Units 136 - 550 1,700 Capacity Units 551 – 1,000 3,400 Capacity Units 1,001 – 2,000 3,400 Capacity Units 2,001 – 4,000 5,100 Capacity Units 4,001 – 6,000 5,100 Capacity Units 6,001 – 12,000 6,800 Capacity Units 12,001 – 25,000 6,800 Capacity Units 25,000 + 6,800 Capacity Units 1.4.2. For RISE with SAP S/4HANA Cloud, private edition; RISE with SAP S/4HANA Cloud, private edition and experience management; RISE with SAP S/4HANA Cloud, private edition, base; RISE with SAP S/4HANA Cloud, private edition, premium; and RISE with SAP S/4HANA Cloud, private edition, premium plus renewals, Customer is entitled to the same Bundled Cloud Services and subject to the same Bundled Cloud Services limitations as referenced in the RISE with SAP S/4HANA Cloud, private edition Supplemental Terms and Conditions in effect at the effective date of the initial order form for the Cloud Service. 1.5. Embedded Launch Activities. Embedded Launch Activities are included for a first-time subscription of SAP Cloud ERP Private, RISE with SAP S/4HANA Cloud, private edition, premium and premium plus and RISE with SAP S/4HANA Cloud, base, as specified in the corresponding SAP Cloud ERP Private or SAP S/4HANA Cloud private edition Embedded Launch Activities Specifications Documentation. 1.6. Transformation Preparation Services. During the Initial Subscription Term, SAP will provide the consulting services described in the corresponding scope document available at https://www.sap.com/about/trust- SAP Cloud ERP Private and RISE with SAP S/4HANA Cloud, private edition Supplement enGLOBAL.v.4-2025 Page 4 of 10 center/agreements.html#services (“Transformation Preparation Services for SAP Business Suite”) as a one-time inclusion with Customer’s initial subscription to SAP Cloud ERP Private, subject to Customer’s execution of a corresponding Services Order Form. 2. ARTIFICIAL INTELLIGENCE 2.1. Artificial Intelligence. Artificial intelligence (“AI”) features and technologies, that are made available under the Agreement, are subject to the SAP AI Terms available at the following (or a successor) link SAP Agreements | SAP Trust Center | About SAP SE. 2.2. Joule and SAP AI Unit. The SAP AI Services and AI Unit Supplemental Terms and Conditions (“SAP AI Unit Supplement”) apply to the SAP AI Unit and Joule Bundled Cloud Services. All capitalized terms used in this Section but not defined shall have the meaning stated in the SAP AI Unit Supplement. For SAP AI Unit, Customer is entitled to the Capacity Unit amount specified below based on the Cloud Service Usage Metric volume as indicated in the Order Form. Customer may exercise the Capacity Units on AI Services as listed on the then- current AI Services List titled “AI Services List” and accessible at https://www.sap.com/about/agreements/policies/cloud-service-specifications.html?sort=latest_desc or as made available through the administrative cockpit of the respective platform. Full Use Equivalents (FUEs) Capacity Units Per Contract Year 1 - 135 20,000 136 - 550 30,000 551 – 1,000 90,000 1,001 – 2,000 150,000 2,001 – 4,000 200,000 4,001 – 6,000 250,000 6,001 – 12,000 275,000 12,001 – 25,000 450,000 25,000 + 900,000 2.3. If Customer exceeds use of the Capacity Units referenced in this Supplement, SAP will require Customer to purchase SAP AI Unit in addition to pay fees for excess use that have accrued from the date the excess use began. 2.4. If Customer exceeds the Message quantity for Joule referenced in this Supplement, Customer must pay fees in excess use that have accrued from the date the excess use began based on SAP’s prices on the date the excess use began and purchase SAP AI Units for continued use of Joule. 3. ADDITIONAL TERMS 3.1. Starter System. With a subscription to the Cloud Service, SAP shall grant the Customer access to a sandbox environment for a limited duration (“Starter System”). The Starter System shall remain accessible for a period of ninety (90) days from the Product Start Date or thirty (30) days following the provisioning of the Cloud Service development (DEV) environment by SAP, whichever comes later. Thereafter, SAP will deactivate the Starter System, and any data residing on the servers hosting the Starter System shall be permanently removed. For the avoidance of doubt, the Starter System is a non-production environment to be used solely for testing purposes and may have limited support, as further described in Documentation. SAP Cloud ERP Private and RISE with SAP S/4HANA Cloud, private edition Supplement enGLOBAL.v.4-2025 Page 5 of 10 3.2. SAP Cloud ALM. With a subscription to the Cloud Service, Customer may access SAP Cloud ALM. Use of SAP Cloud ALM is subject to the Usage Rights located at https://support.sap.com/en/alm/usage-rights.html. The support services for SAP Cloud ALM are governed by SAP Enterprise Support, cloud editions as described in the Cloud Support Schedule. All references to “Cloud Services” in the Cloud Support Schedule are replaced with “SAP Cloud ALM.” 3.3. System Maintenance 3.3.1. SAP performs regular, scheduled maintenance activities to maintain the Cloud Service, including OS security patch levels, database and application patches, infrastructure maintenance and other scheduled proactive activities. Such maintenance activities will be scheduled by SAP in collaboration with Customer and will occur once a month during a 4-hour window on a weekday and/or a weekend (for production environments) (“Scheduled Downtime”). SAP will provide Customer at least seven (7) business days’ advance notice before any Scheduled Downtime. If Customer object to such Scheduled Downtime within five (5) days of SAP’s notice, SAP and Customer will reasonably schedule maintenance activities for a date, time, and duration as mutually agreed between SAP and Customer based on requirements and resources. If SAP and Customer do not agree on a schedule within seven (7) business days from the date of SAP’s notice, SAP shall perform based on the Scheduled Downtime. If Customer fails to cooperate with the scheduling and/or performance of such maintenance activities in a timely manner as recommended by SAP, Customer shall be solely responsible for any resulting issues in the Cloud Service, including unexpected downtime. 3.3.2. Notwithstanding the foregoing, SAP reserves the right to perform Emergency Maintenance activities at any time without Customer’s prior consent. SAP will use reasonable efforts to provide Customer with forty-eight (48) hours advance notice regarding performance of Emergency Maintenance. In case of Cloud Service downtime during such Emergency Maintenance, such downtime will be considered “Emergency Downtime” as defined in the SLA (defined in Section 3.4 below). “Emergency Maintenance” are maintenance activities reasonably necessary to prevent or mitigate circumstances that may otherwise pose a significant impact to the Cloud Service. 3.3.3. Customer is responsible for requesting and coordinating with SAP the application of security patches (all security patches with priorities “critical,” “high,” “medium,” or “low”) by way of a service request ticket. Such patches will be applied during Scheduled Downtime or other Agreed Downtime, as defined in the SLA. Support. Support for the Cloud Service will be provided by SAP as described in the Support Policy or Schedule for SAP Cloud Services referenced in the Order Form, as supplemented by the description in Attachment 1 to this Supplement. For the avoidance of doubt, the support services described in the Agreement may only be used to support Cloud Services to which this Agreement applies, as specified in the Order Form, and may not be used to support any other SAP products or third-party solutions, including SAP products purchased under a separate agreement between an affiliate of Customer and SAP (or a distributor of SAP products). Customer acknowledges that if Customer uses any such services for other SAP products or third-party solutions without a separate SAP support agreement for such products, SAP will invoice Customer the applicable accrued fees associated with such time period of use plus a reinstatement fee for support for such products. 3.4. Service Level Agreement. The Service Level Agreement applicable to the SAP S/4HANA Private Cloud Edition Cloud Services is the Service Level Agreement for Private Cloud Edition Services and Tailored Option Services (“SLA”), except the 99.5% System Availability service level in the SLA is replaced with 99.7% unless otherwise indicated in the Order Form. The Service Level Agreement for SAP Cloud Services applies to Bundled Cloud Services that are not RISE with SAP S/4HANA Cloud, private edition Cloud Services. 3.4.1. Section 3 of the SLA (Backup and Computing Environment Incident Reaction Time) shall apply only to Incidents (defined in the SLA) associated with SAP tasks and services applicable to the Computing Environment (defined in the SLA) as identified in the RISE with SAP S/4HANA Cloud, Private Edition Roles and Responsibilities Documentation made available to Customer on SAP’s website, at https://help.sap.com/, or upon request. 3.5. Modifications and Add-Ons. 3.5.1. Definitions. 3.5.1.1. “Add-on” means any development that adds new and independent functionality to the SAP Cloud Service Software, but does not modify existing SAP functionality, and is developed using SAP application programming interfaces or other integration points or other SAP code that allows other software products to communicate with SAP Cloud ERP Private and RISE with SAP S/4HANA Cloud, private edition Supplement enGLOBAL.v.4-2025 Page 6 of 10 or call on SAP Cloud Service Software. All Add-ons developed by SAP, independently or jointly with Customer, shall be considered Cloud Material and as such, all intellectual property rights in and related to the Add -ons developed by SAP (independently or jointly with Customer) including any derivatives thereof are owned by SAP, SAP SE, their Affiliates or licensors. 3.5.1.2. “Customer ABAP Add-on” means an Add-on developed in the ABAP programming language and developed by or on behalf of Customer without SAP’s participation. 3.5.1.3. “SAP-provided Add-on” means any Add-on that is not a Customer ABAP Add-on and is an Add-on made available for the Cloud Service. 3.5.1.4. “Additional Add-on” means any Add-on that is published by SAP as an SAP certified Add-on on the SAP Certified Solutions Directory. 3.5.1.5. "Modification" means (i) a change to the delivered source code or metadata; or (ii) any development, other than a change to the delivered source code or metadata, that customizes, enhances or changes existing functionality of the SAP Cloud Service Software. For purposes of this Cloud Service, Cloud Materials include all Modifications. For the avoidance of doubt, all intellectual property rights in and related to the Modifications and derivatives thereof are owned by SAP, SAP SE, their Affiliates or licensors. Customer has the right to develop and/or use Customer ABAP Add-ons, SAP-provided Add-ons, and Additional Add-ons to the SAP Cloud Service Software in furtherance of its permitted use of the Cloud Service under this Agreement. Where Customer is also subscribed to SAP extended services for SAP S/4 HANA Cloud, private edition, Customer is only permitted to use SAP-provided Add-ons and Additional Add-ons. For RISE with SAP S/4HANA Cloud, private edition; RISE with SAP S/4HANA Cloud, private edition, base; RISE with SAP S/4HANA Cloud, private edition and experience management; and RISE with SAP S/4HANA Cloud, private edition, premium only, Customer has the right to develop and use Modifications to the SAP Cloud Service Software in furtherance of its permitted use of the Cloud Service under this Agreement. Where Customer is also subscribed to SAP extended services for SAP S/4HANA Cloud, private edition, Custom er is not permitted to make Modifications. Customer is responsible for all installation, management and support for any Modifications, Customer ABAP Add-ons, and Additional Add-ons. Customer is responsible for testing and resolving source code issues, compatibility issues, security vulnerabilities or other conflicts that may arise from Modifications, Customer ABAP Add-ons, and/or Additional Add-ons permitted under this Agreement and any patches or workarounds, or other changes provided by SAP for the Cloud Service Software, in a timely manner. The SLA and Support Schedule shall not apply to any Customer ABAP Add-ons. Modifications, Customer ABAP Add-ons, and Additional Add- Ons must not enable the circumventing of any restrictions set forth in the Agreement, nor impair or degrade the performance, system availability, operability, or security of the Cloud Service. Customer will inform SAP without undue delay about any issues or vulnerabilities with the Modifications, Customer ABAP Add-ons, or Additional Add-ons that may impair or degrade the Cloud Service. SAP shall not be responsible for any such impairments or degradations of the Cloud Service caused by Customer ABAP Add-ons. For the avoidance of doubt, SAP reserves the right to restrict or require the removal any Add -ons that (i) it determines may pose any such risk to the Cloud Service and/or (ii) it determines does not meet the quality standards for SAP-provided Add-ons; or (iii) where Customer is in breach of the Agreement. In exchange for the right to develop Customer ABAP Add-ons under the Agreement, Customer covenants, on behalf of itself, successors and assigns, not to assert against SAP SE, their Affiliates or licensors, any rights in any Customer ABAP Add-ons, or any claims of any rights, against any SAP product, service, or future SAP development. Customer ABAP Add-ons and all rights associated therewith, shall be the exclusive property of Customer subject to SAP’s rights in and to the Cloud Service and Cloud Materials as indicated in this Agreement; provided Customer shall not commercialize any such Customer ABAP Add-ons developed under this Agreement. Customer grants to SAP (including SAP SE, its Affiliates, and subcontractors) a non -exclusive right to process, use, and display Customer ABAP Add-ons to provide and support the Cloud Service and as set out in the Agreement. In exchange for the right to develop Customer ABAP Add-ons under the Agreement, Customer covenants, on behalf of itself, successors, and assigns, not to assert against SAP SE, their Affiliates or licensors, any rights in Customer ABAP Add-on, or any claims of any rights, against any SAP product, service, or future SAP development. SAP Cloud ERP Private and RISE with SAP S/4HANA Cloud, private edition Supplement enGLOBAL.v.4-2025 Page 7 of 10 3.6. Other Customer-Provided Software. Except as set forth above in connection with Add-ons, Customer may not use any other Customer-provided software in the Cloud Service, including on the operating system. If SAP, on an exceptional basis, permits Customer to use any such Customer-provided software, each of the requirements and restrictions applicable to Add-Ons set forth above shall apply to such Customer provided software. Customer is responsible for obtaining all necessary rights from third parties required for SAP to run and host any Customer- provided software in the Cloud Service environment. Customer will, at SAP’s request, provide written verification of such rights. Customer grants to SAP the nonexclusive right to use the Customer-provided software for the sole purpose of and only to the extent necessary for SAP to provide the Cloud Service. Customer acknowledges that additional fees may apply in connection with management and support of such Customer-provided software in the Cloud Service. 3.7. Customer Data Return. Prior to termination or expiration of the Subscription Term, at Customer`s request, SAP shall provide to Customer, within a reasonable time period and in a reasonable backup media format utilized by SAP, a final export of the Customer Data in the Cloud Service. Customer must verify the usability of this export within two weeks of receipt. In the event Customer does not provide verification within the two -week period, the exported Customer Data shall be deemed usable. 3.8. Additional Services. Customer may request Additional Services (or the SAP Services Team may request such services on Customer’s behalf) through a service request on the SAP Service Request Platform or an equivalent platform. SAP will inform Customer (or Partner, if applicable) of the fees for the requested Additional Service, and Customer (or Partner) shall confirm the purchase of such service. Any Additional Services completed by SAP will be invoiced monthly in arrears. “Additional Services” are tasks rela ted to the Cloud Service systems identified in the RISE with SAP S/4HANA Cloud, Private Edition Roles and Responsibilities Documentation (available to Customer on SAP’s website or upon request) as “Additional Service.” 4. CUSTOMER RESPONSIBILITIES 4.1. SAP`s provision, operation and support of the Cloud Service is subject to Customer`s reasonable cooperation and providing, no later than five (5) business days from the effective date of the Order Form, necessary information (including any on-boarding documentation), authorizations and qualified resources for such activities. Customer authorizes SAP to set up and use an administrative user in the Cloud Service systems as needed to provision and confirm Customer’s subscribed usage and technical compliance of the Cloud Service. SAP shall be permitted to audit (at least once annually and in accordance with SAP standard procedures, which may include an on-site and/or remote audit) the Customer’s use of the Cloud Service and the Bundled Cloud Service(s) to verify compliance with Usage Metrics, volume, and the Agreement. Customer shall cooperate reasonably in the conduct of such audits. 4.2. Customer may only process, transmit, and store cardholder data, or Customer Data that includes a unique payment card number that identifies an issuer and a particular cardholder account , in the Cloud Service with a subscription to the SAP Digital Payments, base package cloud service and SAP Firewall Service, private cloud edition. 4.3. In connection with Customer’s obligations related to Customer Data under the Agreement, Customer Data includes all Customer-provided Software used in the Cloud Service environment. 4.4. Customer is responsible for the definition, documentation, and execution of its business processes in the Cloud Service, including, but not limited to configuration of systems ’ management and application and data security policies and batch processing requirements. Customer is responsible for providing SAP necessary and sufficient documentation of its applicable processes and Customer ABAP Add-ons for SAP to perform its responsibilities under the Agreement. 4.5. Upgrades and Releases 4.5.1. Customer is responsible for having upgrades and new releases of the Cloud Service Software installed. Technical installation of such upgrades and new releases is performed by SAP on request. Customer must only use a version or release of the Cloud Service Software for which software maintenance and support are current, as provided by SAP. For purposes of this Section, “current” means it is covered by Mainstream Maintenance or as otherwise identified in the Release Strategy. Such support is provided according to the current maintenance phases of SAP software releases as described in the SAP Release and Maintenance Strategy, available at SAP Cloud ERP Private and RISE with SAP S/4HANA Cloud, private edition Supplement enGLOBAL.v.4-2025 Page 8 of 10 https://support.sap.com/releasestrategy (“Release Strategy”). For all Additional and Customer ABAP Add-ons, simplification and incompatibility checks must be executed by Customer. Customer is responsible for evaluating the results of such checks to ensure that implemented business processes, backend and frontend applications and integrations are running after changes to the Cloud Service Software. SAP’s obligations under the Agreement and Documentation are dependent on Customer maintaining the Cloud Service Software as current. SAP is not responsible for the reliability, performance, availability, functionality, security, or any other related issues experienced with the Cloud Service Software that may result from running a release that is not current and is not liable to Customer for any loss or damage that might arise from a Cloud Service Software’s inoperability or unavailability because it is not current. 4.5.2. Where Customer is also subscribed to SAP extended services for SAP S/4HANA Cloud, private edition, upgrades to the then-current version of the Cloud Service Software are required every two contract years. 4.5.3. If SAP is not able to perform upgrades due to the lack of Customer’s cooperation, (i) SAP’s ability to provide support may be limited and SAP assumes no responsibilities for such limitations and (ii) the System Availability Service Levels in the SLA shall not apply. 4.6. Customer is responsible for the connection to the Cloud Service, including the Internet connection to the Point of Demarcation. SAP’s responsibility shall not extend beyond the Point of Demarcation. Point of Demarcation means the outbound firewall (or, in case of a VPN for access, the point of connection of the SAP network to the VPN) of SAP’s computing environment used to provide the Cloud Service. 4.7. If Customer fails to fulfil any Customer obligations set forth in this Supplement, Customer is responsible for the ramifications of such failure including delays, subsequent costs, and any performance, availability, functionality, support, and/or security issues experienced with the Cloud Service Software. SAP Cloud ERP Private and RISE with SAP S/4HANA Cloud, private edition Supplement enGLOBAL.v.4-2025 Page 9 of 10 Attachment 1 to RISE with SAP S/4HANA Cloud, private edition Supplemental Terms and Conditions Support Services This Attachment sets forth the support services provided in addition to the support services of the Support Schedule for Cloud Services under the Agreement. This Attachment does not apply to Cloud Features. 1. SCOPE OF ADDITIONAL SUPPORT SERVICES. The additional support services apply to Cloud Service Software excluding software to which special support agreements apply exclusively (“Enterprise Support Solutions”). 1.1. Continuous Improvement and Innovation 1.1.1. SAP may make available ABAP source code for SAP software applications included in Enterprise Support Solutions (excluding third-party software) and additionally released and supported function modules. 1.1.2. Software change management including changed configuration settings or Enterprise Support Solutions software upgrades, is supported, with content, tools, and additional information. 1.2. Global Support Backbone 1.2.1. SAP Notes on SAP’s Customer Support Website document software malfunctions and contain information on how to remedy, avoid and bypass errors. SAP Notes may contain coding corrections. SAP Notes also document related issues, customer questions, and recommended solutions (e.g. customizing settings). 1.2.2. SAP Note Assistant, a tool to install specific corrections and improvements to SAP components, is included. 1.3. Mission Critical Support For Customer custom code built with the SAP development workbench, SAP provides mission -critical support root-cause analysis (Root Cause Analysis for Custom Code), according to the Global Incident Handling process and response levels for priority “very high” and priority “high” cases as set forth in the Support Schedule for Cloud Services. If the Customer custom code is documented according to SAP’s then -current standards available at http://support.sap.com/supportstandards, SAP may provide guidance to assist Customer in issue resolution. 1.4. SAP Application Lifecycle Management 1.4.1. Subject to Customer’s purchase of one of the SAP Solution Manager for SAP S/4HANA Cloud, private edition add-ons, Customer may access and use SAP Solution Manager Enterprise Edition (and any successor thereto) during the Subscription Term solely for the following purposes: (i) delivery of SAP Enterprise Support, cloud editions, and (ii) application lifecycle management for Enterprise Support Solutions and other SAP cloud or on- premise solutions for which Customer has a current support agreement with SAP. Su ch application lifecycle management is limited to: (i) implementation, configuration, testing, operations, continuous improvement, and diagnostics; (ii) case management (service desk), problem management and change request management as enabled using SAP CRM technology integrated in SAP Solution Manager Enterprise Edition (Customer does not require a separate package license to SAP CRM); (iii) mobile application lifecycle management scenarios using SAP NetWeaver Gateway (or equivalent technology) integrated in SAP Solution Manager Enterprise Edition; (iv) management of application lifecycle management projects for Enterprise Support Solutions and any other software licensed by Customer from third parties and included in the Customer’s Cloud Service environment and for hardware systems, supported by Customer’s IT team (“Customer IT Solutions”) using the project management functionality of SAP Project and Portfolio Management integrated in SAP Solution Manager Enterprise Edition except that the portfolio management functionality of SAP Project and Portfolio Management is not in scope of SAP Solution Manager Enterprise Edition and will need to be licensed separately by Customer; and SAP Cloud ERP Private and RISE with SAP S/4HANA Cloud, private edition Supplement enGLOBAL.v.4-2025 Page 10 of 10 (v) administration, monitoring, reporting and business intelligence as enabled using SAP NetWeaver technology integrated in SAP Solution Manager Enterprise Edition. Business intelligence may also be performed provided the appropriate SAP BI software is licensed by Customer as part of the Enterprise Support Solutions. 1.4.2. SAP Solution Manager Enterprise Edition may not be used for purposes other than those stated above. 1.4.3. SAP in its sole discretion may from time to time on SAP’s Customer Support Website (available at https://support.sap.com) under http://support.sap.com/solutionmanager update the use cases for SAP Solution Manager Enterprise Edition under this Section. 1.4.4. SAP Solution Manager Enterprise Edition shall only be used during the term of the Agreement subject to the rights set forth herein and exclusively for Customer's SAP-related support purposes in support of Customer’s internal business operations. The right to use any SAP Solution Manager Enterprise Edition capabilities under this Attachment 1 other than those listed above is subject to a separate written agreement with SAP, even if such capabilities are accessible through or related to SAP Solution Manager E nterprise Edition. Customer shall be entitled to allow any of its employees to use web self-services in the SAP Solution Manager Enterprise Edition during the term of the Agreement such as creating support tickets, requesting support ticket status, ticket confirmation and change approvals directly related to Customer IT Solutions. 1.4.5. Use of SAP Solution Manager Enterprise Edition may not be offered by Customer as a service to third parties; provided, third parties authorized to access Cloud Services under the Agreement may have access to SAP Solution Manager Enterprise Edition solely for SAP-related support purposes in support of Customer’s internal business operations in accordance with the terms of the Agreement. 1.5. Other Components, Methodologies, and Content. 1.5.1. Process descriptions and process content that may be used as pre-configured test templates and test cases via the SAP Solution Manager Enterprise Edition. In addition, the SAP Solution Manager Enterprise Edition assists Customer’s testing activities. 1.5.2. Tools and content for SAP Application Lifecycle Management (accessible via SAP Solution Manager Enterprise Edition and/or the Enterprise Support Solutions and/or the applicable Documentation for Enterprise Support Solutions and/or SAP’s Customer Support Website) to help increase efficiency: (i) Tools for implementation, configuration, testing, operations, and system administration. (ii) Best practices, guidelines, methodologies, process descriptions and process content. This content supports the usage of the tools for SAP Application Lifecycle Management. SAP US Payroll Tax Calculation by BSI Supplement enGLOBAL.v.4-2025 Page 1 of 2 SAP U.S. Payroll Tax Calculation by BSI SAP U.S. Payroll Tax Calculation by BSI, private cloud edition SAP U.S. Payroll Tax Calculation by BSI, option for government organizations SAP U.S. Payroll Tax Calculation by BSI, add-on for SAP SuccessFactors Payroll Supplemental Terms and Conditions This Supplement is part of an Agreement between SAP and Customer and applies solely to the (i) SAP U.S. Payroll Tax Calculation by BSI, Cloud Service and (ii) SAP U.S. Payroll Tax Calculation by BSI, private cloud edition Cloud Service, (iii) SAP U.S. Payroll Tax Calculation by BSI, option for government organizations Cloud Service, and (iv) SAP U.S. Payroll Tax Calculation by BSI, add-on for SAP SuccessFactors Payroll Cloud Service (each individually as the “Cloud Service”). 1. USAGE METRIC The Usage Metric for the Cloud Service is User. “User” is any individual authorized to access the Cloud Service. For the Cloud Service, an individual with a unique active profile and whose data is processed by the Cloud Service is counted. 2. ADDITIONAL TERMS 2.1. Prerequisite. A current subscription to SAP SuccessFactors Employee Central Payroll is a prerequisite to a subscription to SAP U.S. Payroll Tax Calculation by BSI and SAP U.S. Payroll Tax Calculation by BSI, option for government organizations. A current subscription to SAP SuccessFactors Payroll is a prerequisite to a subscription to SAP U.S. Payroll Tax Calculation by BSI, add-on for SAP SuccessFactors Payroll. A current subscription to SAP Payroll Cloud, private edition is a prerequisite to a subscription to SAP U.S. Payroll Tax Calculation by BSI, private cloud edition. 2.2. Limitations. Customer is limited to a maximum of ten (10) designated contacts (“Administrative Users”). 2.3. Downloadable Component. In addition to the hosted portion of the Cloud Service, SAP may make available for download by Customer a connector to be used to connect on-premise HCM solutions to the Cloud Service (the “Integration Component”). The use of the Integration Component is limited to use with the Cloud Service and Customer may not use the Integration Component for any other purpose. The Integration Component is part of the Cloud Service and Customer’s use is limited to use by Named Users and only for the term of the Order Form. The Integration Component may not be modified or altered in any way except by SAP. Any such modifications will negate SAP’s obligation to provide Support and void SAP’s warranty obligations under this Agreement. Customer shall utilize the most current version of the Integration Component made available by SAP, and Customer acknowledges that failure to use the most current version may result in diminished performance of the Cloud Service. Customer is solely responsible for the security of the Integration Component and is responsible for maintaining a dequate security measures, including firewalls, to prevent unauthorized access to the Integration Component. Upon termination or expiration of the Order Form, Customer’s right to use the Integration Component shall cease. 2.4. Exclusions. Customer shall be solely responsible for any inaccuracy or delay in tax calculations, payments, filings, or reports to the extent directly caused by inaccurate or corrupt Customer Data, misuse, overrides, or taxing or regulatory authorities. SAP and its licensors shall have no liability under this Agreement to any third party for any errors or delays in located taxes, errors or delays in calculations, payments, filing or reports and SAP and its licensors shall have no liability to taxing authorities or individuals whose payroll data is processed using the Cloud Service (or a part thereof) for underpayments or non-payments, interest or penalties. SAP US Payroll Tax Calculation by BSI Supplement enGLOBAL.v.4-2025 Page 2 of 2 3. MAINTENANCE WINDOWS SAP can use the following maintenance windows for planned downtimes: Maintenance Windows Regular Maintenance Windows Saturday 12:00 a.m. to 4:00 a.m. Eastern U.S. time zone 4. SYSTEM AVAILABILITY. Downtime required for updates due to changed regulatory requirements shall not be counted against the System Availability SLA. 5. DATA RETENTION. Incremental and full database back-ups occur daily. A full back-up is performed each Friday, in place of the daily incremental back-up, with the last full back-up at the end of each month retained in offsite storage for no less than one (1) year. The retention period for Customer Data is 30 days after contract termination. Customer Data will be made available in .pdf format during such period. SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 1 of 31 SAP Business Data Cloud Cloud Service Supplemental Terms and Conditions This Supplement is part of an Agreement between SAP and Customer and applies solely to the SAP Business Data Cloud Cloud Service, which includes the SAP Business Data Cloud, core capacity and the SAP Business Data Cloud Intelligent Applications Cloud Services. 1. DEFINITIONS 1.1. “Add-on” means any development that adds new and independent functionality to the SAP BW Capacity Services (as defined below), but does not modify existing SAP functionality, and is developed using SAP application programming interfaces or other integration points or other SAP code that allows other software products to communicate with or call on the SAP BW Capacity Service. 1.2. “Additional Add-on” means any Add-on that is published by SAP as an SAP certified Add-on in the SAP Certified Solutions Directory. 1.3. “API Calls” are the communication of an action to or from the Cloud Service to or from another system / technology that occurs via a defined application programming interface. 1.4. “Capacity Service Category” is a logical grouping of the SAP Datasphere Capacity Services. 1.5. “Capacity Service(s)” means the services identified in Attachment A of this Supplement, as may be updated by SAP from time-to-time with additional Capacity Services. 1.6. “Capacity Unit” is a ratio of services consumed via the Capacity Service and is calculated as set forth in this Supplement. 1.7. “Capacity Units of Measure” is a block used to measure consumption of a Capacity Service. 1.8. “Capacity Unit Value” is the numerical value assigned to a specific Capacity Service that, when multiplied by the number of used Capacity Units of Measure, results in the consumed Capacity Units. 1.9. “Customer ABAP Add-on” means an Add-on developed in the ABAP programming language and developed by or on behalf of Customer without SAP’s participation. 1.10. “Data Sources” means certain software product(s) and/or certain SAP database instance(s) for which Customer has secured an enumerated license that specifically lists or names the permitted activities or actions allowed under a valid license agreement including but not limited to, for example, SAP’s General Terms and Conditions for SAP Software and Support agreement. 1.11. “Databricks Unit” or “DBU” is a normalized unit of processing power used for measurement and pricing SAP Databricks Capacity Services. 1.12. “Databricks Storage Unit” or “DSU” is a standardized unit for measuring storage usage across multiple Databricks products. DSUs consumed by different Databricks products may vary by region, storage type, volume of data stored, or transactions. 1.13. “Flat Fee” is a fixed fee for the Cloud Service. 1.14. “Full Use Equivalent” or “FUE” is the aggregation method by which Customer may allocate individuals access to the Capacity Service in accordance with the ratios set forth in this Supplement. 1.15. “Gigabyte” or “GB” is the amount of capacity in the Capacity Service. 1.16. “Hour” is the total hours the SAP Databricks Enterprise SAP Private Connectivity Endpoint Capacity Services are provisioned, rounded up to the nearest whole hour (i.e., 60 minutes). 1.17. "Modification" means (i) a change to the delivered source code or metadata; or (ii) any development, other than a change to the delivered source code or metadata, that customizes, enhances or changes existing functionality of the SAP BW Capacity Services. 1.18. “SAP Data Product(s)” means enriched Customer Data, where enrichment is any type of reorganization, summarization, reporting or enhancement with metadata. SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 2 of 31 1.19. “SAP-provided Add-on” means any Add-on that is not a Customer ABAP Add-on and is an Add-on made available for the SAP BW Capacity Services. 1.20. “Tenant” is a customer-specific instance of the Capacity Service. 1.21. “User” is any individual authorized to access the Capacity Service. Users are counted separately per customer- specific instance. 1.22. “% of Net Recurring Fee” is a calculation based on the stated percentage multiplied by the stated net recurring Capacity Unit Value per month. 2. GENERAL TERMS 2.1. Any Capacity Service provided as a non-productive environment, such as a test tenant, or for quality assurance may only be used for non-productive development and testing. 2.2. The Service Level Agreement for Cloud Services referred to in the Order Form, is amended so that each reference to the “Cloud Service” therein is deleted and replaced with “Capacity Services” for the Capacity Services that are set forth in Attachment A, Tables 1 and 2, to this Supplement. 2.3. In the event that SAP adds new services to the SAP Business Data Cloud Cloud Service, during Customer’s Subscription Term: (a) SAP will release a new Supplement reflecting such new services (“Updated Supplement”); (b) Customer’s use of such new services will be subject to any applicable new terms in the Updated Supplement; and (c) any Customer use of such new services will be deemed Customer’s acceptance of the Updated Supplement, solely as applicable to such new services. For purposes of clarification, all services other than new services will remain governed by the applicable Supplement(s) in effect under the Agreement prior to the Updated Supplement. 2.4. Data Extraction / APIs 2.4.1. APIs and similar connectors, tools, or interfaces developed for or by SAP or its affiliated companies (“SAP APIs”) may only be used to extract data from the Cloud Services as described in the documentation for the respective SAP API. The use of SAP APIs to extract data from the Cloud Service to third-party applications or products (e.g. non-SAP software, data warehouses or data lakes) is not permitted, unless this is explicitly described as a function of the SAP API in the documentation for the SAP API. 2.4.2. Customer and third-party applications (e.g. APIs that are not SAP APIs) may not be used to extract data from the Cloud Services. 2.4.3. SAP may verify whether access of the Cloud Services via API(s) originates from SAP software. It is not permitted to circumvent this authentication, including, but not limited to, using technical means that identify a third-party application or product as SAP software during authentication. 2.5. Artificial intelligence (“AI”) features and technologies, that are made available under the Agreement, are subject to the SAP AI Terms available at the following (or a successor) link: SAP Agreements | SAP Trust Center | About SAP SE. 2.6. No Waiver. SAP’s failure to enforce any provision of this Agreement shall not be construed as a waiver of SAP’s right to enforce such provision at any later time. 3. SAP BUSINESS DATA CLOUD, CORE CAPACITY USAGE METRIC 3.1. The SAP Business Data Cloud, core capacity Cloud Service is made up of the Capacity Services set forth in Attachment A, Tables 1-4. 3.2. The Usage Metric for this Cloud Service is Capacity Unit per month except for the SAP Datasphere Capacity Services, which are measured as set forth in Attachment A, Table 1, and the SAP Databricks Capacity Services, which are measured as set forth in Attachment A, Table 4. 3.3. For Capacity Services that use Gigabytes, where storage or memory capacity is counted, the metric entitlement is not time-bound and does not deplete with usage, unless otherwise specified in th is Supplement. 3.4. Each Capacity Service in Attachment A, Tables 1, 2, and 3 has a corresponding Capacity Unit of Measure and Capacity Unit Value. To calculate the number of Capacity Units consumed through use of a Capacity Service, SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 3 of 31 the total amount of Capacity Units of Measure used during a month is multiplied by the Capacity Unit Value to arrive at the number of Capacity Units consumed by that Capacity Service. Customer may consume Capacity Units up to the total amount stated in the Order Form for each month. Unused Capacity Units may not be carried over into any subsequent month. Calculation example: In Table 1, for the "Disk Storage" Capacity Service, if 256GB (16 blocks) were consumed for 730 hours in one month, the resulting consumption would be 46.72 Capacity Units (i.e., 16 blocks x 0.004 Capacity Unit Value x 730 hours = 46.72 Capacity Units). 3.5. For clarification, in Schedule 1 of the Order Form, the clause that reads “Usage Metric Limitation shows the maximum quantity that Customer may use over a 12-month period, unless:” includes a drafting error and instead should read as follows: “Usage Metric Limitation shows the maximum quantity that Customer may use over a 1-month period, unless:”. 3.6. The Cloud Service includes 16GB of Catalog Storage. 4. SAP DATASPHERE CAPACITY SERVICES 4.1. Availability of these Capacity Services and the amount of Memory differs by Subprocessor, which is detailed in the product specific documentation. 4.2. The SAP Datasphere, SAP BW Bridge Capacity Service includes SAP BTP ABAP environment, runtime, which may only be used with the Capacity Services listed in Attachment A, Table 1. 4.3. Certain SAP Datasphere Capacity Services include data marketplace functionality that allows Customers to buy, sell or share data products stored in such Capacity Services. SAP is not party to any transaction or contractual arrangement between Customers in relation to the exchange of data products, and SAP shall not be liable for any damages incurred by a Customer related to any such transaction. 4.4. These Capacity Services must not be used to access, directly or indirectly, a third -party database(s) licensed under an SAP, SAP Affiliates’, or any of their respective resellers’ or distributors’ runtime license, except communication (including data transfers) via application-level APIs between the Capacity Service and software applications, running on any such third-party database. 4.5. Customer may use up to 2,000 OData API Calls per 1 GB of compute memory, per Tenant, per month. SAP reserves the right to charge additional fees for use that exceeds the stated amount. Use of OData APIs for data extraction is prohibited. 4.6. Use of the OpenSQL interface is limited to 1 GB of network data transfer per 1 GB of compute memory, per Tenant, per month. SAP reserves the right to charge additional fees for use that exceeds the stated amount. 4.7. These Capacity Services include the optional use of the on -premise component, SAP Landscape Transformation Replication Server (“SLT”), which use is limited solely to loading data into these Capacity Services. 4.8. Customer may only use the data product generator available under Customer’s subscription to SAP BW Capacity Services to automate the publication of data to the SAP Datasphere Capacity Services set forth in Attachment A, Table 1. 5. SAP DATABRICKS CAPACITY SERVICES 5.1. Use of the SAP Databricks Capacity Services, as set forth in Attachment A, Table 4 of this Supplement, are subject to the terms of this Supplement and the SAP Databricks Capacity Services terms in the applicable Order Form under which the SAP Business Data Cloud, core capacity Cloud Service is subscribed to. 5.2. The Service Level Agreement for Cloud Services, referenced in the Order Form, applies to the SAP Databricks Capacity Service, except as set forth in this Section 5.2. 5.2.1. “Databricks Gateway” means the infrastructure connecting Customer with the SAP Databricks Capacity Services. 5.2.2. “Downtime” is the total minutes in the Month during which SAP Databricks Capacity Services does not respond to a request from the Databricks Gateway, excluding Excluded Downtime. SAP Databricks Capacity Services SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 4 of 31 are considered to “not respond” for a given Workspace for a minute, if all continual attempts within the minute to establish connectivity between the Workspace and the Databricks Gateway fail. 5.2.3. “Excluded Downtime” means the total minutes in the Month attributable to a Maintenance Window; or unavailability caused by factors outside of SAP’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided if reasonable care had been exercised. For clarity, such events include cloud/hyperscaler or internet service provider outages and services interruptions t hat cannot be reasonably worked around (such as region-wide outages). 5.2.4. “Maintenance Window” is a pre-announced period when the SAP Databricks Capacity Services are not available due to scheduled maintenance and upgrades, as notified by SAP, who will provide notice to subscribed Customers of such periods at least 72 hours in advance (such notification will be through SAP Customer communication channel(s), such as SAP for Me), and each scheduled maintenance period will last a maximum of 60 minutes. 5.2.5. “Month” means each full calendar month. The SLA is only applicable to full Months. 5.2.6. “System Availability SLA” is a 99.93% System Availability Percentage during each Month for the production version of the SAP Databricks Capacity Service and calculated in accordance with the formula defined under System Availability Percentage. 5.2.7. “Workspace” means an SAP Databricks Capacity Service environment. 6. SAP BW NETWEAVER CLOUD PRIVATE EDITION AND SAP BW/4HANA CLOUD PRIVATE EDITION CAPACITY SERVICES (“SAP BW CAPACITY SERVICES”) 6.1. SAP HANA, runtime edition 6.1.1. SAP HANA, runtime edition (“runtime edition”) is a runtime database included in certain SAP BW Capacity Services. The runtime edition includes the components set forth in Sections 6.1.2. and 6.1.3. The runtime edition and said components may only be used in conjunction with Customer's use of the SAP BW Capacity Services. 6.1.2. SAP HANA PLATFORM EDITION (includes); (a) SAP HANA Rules Framework; (b) SAP HANA, data privacy option; (c) SAP HANA, predictive option; (d) SAP HANA, spatial and graph option; (e) SAP HANA, search and text option; (f) SAP HANA, smart data quality; (g) SAP Smart Data Integration; and (h) SAP HANA, native storage extension. 6.1.2.1. SAP HANA PLATFORM EDITION includes the SAP HANA Studio, SAP HANA Cockpit and SAP Web IDE components. All data modeling, distribution, creation and extension of data structures, including tables and virtual tables via SAP HANA smart data access used in the runtime edition must be performed via the SAP BW Capacity Services. Use of SAP Smart Data Integration is limited solely to loading data into the runtime edition or the SAP BW Capacity Services. Data may be loaded from an appropriately licensed Data Source via SAP Smart Data Integration or via the SAP BW Capacity Services. SAP Smart Data Integration may also be used with SAP HANA smart data access in a data federation scenario. Any bypass or circumvention of access restrictions is strictly prohibited. 6.1.3. The optional, limited use of the following on -premise components: SAP Data Integrator, SLT, SAP HANA Studio, and SAP HANA Cockpit. Use of SAP Data Integrator and SLT is limited solely to loading data into the runtime edition or the SAP BW Capacity Service. 6.1.4. Customer is expressly prohibited from performing the mass extraction of any data, except where such data extraction is explicitly permitted via the use of licensed SAP tools, such as, but not limited to, the SAP Data Services and SLT. Such data may only be extracted to and consumed by one or more of the following: SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 5 of 31 (a) SAP HANA, enterprise edition; (b) SAP HANA, standard edition; (c) SAP Cloud Platform, SAP HANA service; (d) SAP HANA Cloud; (e) SAP HANA, EE Cloud; and (f) SAP Datasphere Capacity Services. 6.2. Use of the SAP HANA Studio, SAP HANA Cockpit, SAP Web IDE components, and SAP Business Application Studio is limited solely to administering, monitoring and creating custom views for the runtime edition database instance. All reporting must be performed via the SAP BW Capacity Service or via custom views created using SAP HANA Studio, SAP Web IDE, or SAP Business Application Studio. Such custom views may be accessed by SAP business intelligence tools. Use of SAP Web IDE may require an additional infrastructure subscription and is limited to the creation of views for reporting purposes only. 6.3. Disaster Recovery 6.3.1. Customer must subscribe to the SAP S/4HANA Cloud, disaster recovery, private edition Capacity Service, in order for the SAP BW Capacity Services to be eligible for the Disaster Recovery services as described and available in the document entitled “Disaster Recovery Services and Customer Invoked Failover Services for Private Cloud Edition Services, Tailored Option Services, and SAP BW Capacity Services Service Description Documentation” and available at: https://www.sap.com/about/agreements/policies/hec- services.html?sort=latest_desc&search=disaster%20recovery&tag=language:english, subject to this Section 6.3. 6.3.2. In order for Customer to be eligible for the 4-hour recovery time objective services (“RTO”), as described in the document entitled “Disaster Recovery Services and Customer Invoked Failover Services for Private Cloud Edition Services, Tailored Option Services, and SAP BW Capacity Services Service Description Documentation” and available at: https://www.sap.com/about/agreements/policies/hec- services.html?sort=latest_desc&search=disaster%20recovery&tag=language:english, in addition to subscribing to the SAP S/4HANA Cloud, disaster recovery, private edition Capacity Service, Customer must also subscribe to the SAP S/4HANA Cloud Private Edition, 4-hour recovery time objective Capacity Service, subject to this Section 6.3. 6.3.3. Disaster Recovery and 4-hour recovery time objective services do not apply to a) those SAP BW Capacity Services specifically marked as not eligible for Disaster Recovery or RTO in Table 3; or b) any non-productive environments. 6.4. Storage on Servers 6.4.1. HANA Servers. The usable storage amount for HANA servers, unless otherwise stated, is equal to the HANA memory size. 6.4.2. Application Servers. The allocated storage on application servers must only be used for system operation and must not be used to store Customer Data. 6.5. Maximum Database Sizes 6.5.1. The maximum tenant size supported for HANA database servers, as well as the tenant size limits depend on the availability of services in a specific data center with a specific subprocessor. 6.5.2. The standard maximum system size supported for a HANA database is 12 terabytes of memory. 6.5.3. Only single-node HANA databases are supported. 6.6. Maintenance. Support for the SAP BW Capacity Services is provided by SAP as described in the Support Schedule for Cloud Services referenced in the Order Form, and as further detailed in Attachment C to this Supplement. 6.7. Service Level Agreement. The Service Level Agreement for Cloud Services referenced in the Order Form does not apply to the SAP BW Capacity Services. Instead, it is replaced with the Service Level Agreement set forth in the Attachment B. SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 6 of 31 6.8. Additional Service(s). Customer may request additional service(s) (or the SAP services team may request such services on Customer’s behalf) through a service request on the SAP service request platform or an equivalent platform. SAP will inform Customer of the fees for the requested additional service, and Customer shall confirm the purchase of such service. Any additional services completed by SAP will be invoiced by SAP monthly in arrears. 6.9. Add-ons and Modifications 6.9.1. Customer has the right to use Customer ABAP Add-ons, SAP-provided Add-ons, and Additional Add-ons, and the right to develop Customer ABAP Add-ons for the SAP BW Capacity Services in furtherance of its permitted use of such Capacity Services. Where Customer is also subscribed to SAP extended services for SAP BW Capacity Services, Customer is only permitted to use SAP-provided Add-ons and Additional Add-ons. 6.9.2. For the following SAP BW Capacity Services: (a) SAP S/4HANA Cloud Private Edition; (b) SAP S/4HANA Cloud, private edition, base; (c) SAP S/4HANA Cloud, private edition and experience management; and (d) SAP S/4HANA Cloud, private edition, premium only, Customer has the right to develop and use Modifications to these Capacity Services in furtherance of its permitted use of such Capacity Services. Where Customer is also subscribed to SAP extended services for SAP BW Capacity Services, Customer is not permitted to develop or use Modifications. 6.9.3. Customer is responsible for all installation, management and support for any Modifications, Customer ABAP Add-ons, and Additional Add-ons. Customer is responsible for testing and resolving source code issues, compatibility issues, security vulnerabilities or other conflicts that may arise from Modifications, Customer ABAP Add-ons, and/or Additional Add-ons in a timely manner. The SLA and Support Schedule shall not apply to any Customer ABAP Add-ons. Modifications, Customer ABAP Add-ons, and Additional Add-ons must not enable the circumventing of any restrictions set forth in the Agreement, nor impair or degrade the performance, system availability, operability, or security of the SAP S/BW Capacity Services. Customer shall notify SAP, without undue delay, of any issues or vulnerabilities in the Modifications, Customer ABAP Add-ons, or Additional Add-ons that may impair or degrade the SAP BW Capacity Services. SAP shall not be responsible for any such impairments or degradations of the SAP BW Capacity Services caused by Customer ABAP Add- ons. SAP reserves the right to restrict or require the removal of any Add-ons and Modifications if SAP determines that: (i) the Add-on or Modification may pose a risk to the SAP BW Capacity Services; (ii) the Add- ons does not meet SAP’s published quality standards; (iii) are in breach of the Agreement by Customer; or (iv) enable the extraction of SAP Data Products to non-SAP applications via SAP APIs. 6.9.4. Customer ABAP Add-ons and all rights associated thereto, shall be the exclusive property of Customer, subject to SAP’s rights in and to the SAP BW Capacity Services and Cloud Materials as indicated in this Agreement; provided Customer shall not commercialize any such Customer ABAP Add -ons developed under this Agreement. Customer grants to SAP (including SAP SE, its Affiliates, and subcontractors) a non -exclusive right to process, use, and display Customer ABAP Add-ons to provide and support the SAP BW Capacity Services and as set out in the Agreement. In exchange for Customer’s right to develop, subject to the Agreement, Customer ABAP Add-ons, Customer covenants, on behalf of itself, successors, and assigns, not to assert against SAP SE, their Affiliates or licensors, any rights in Customer ABAP Add -on, or any claims of any rights, against any SAP product, service, or future SAP development. 6.9.5. For the purposes of this Cloud Service, Cloud Materials shall include: (i) all Add-ons developed by SAP, independently or jointly with Customer, and (ii) all Modifications. All intellectual property rights in and related to such Add-ons and Modifications, including any derivatives thereof are owned by SAP, SAP SE, their Affiliates or licensors. 6.9.6. Except as set forth above in connection with Add-ons and Modifications, Customer may not use any other Customer-provided software in the SAP BW Capacity Services, including on the operating system. If SAP, on an exceptional basis, permits Customer to use any such Customer -provided software, each of the requirements and restrictions applicable to Add-ons and Modifications set forth above shall apply, in addition to the following terms: (a) Customer is responsible for obtaining all necessary rights from third parties required for SAP to run and host any Customer-provided software in conjunction with the SAP BW Capacity Services; (b) Customer will, at SAP’s request, provide written verification of such rights; (c) Customer grants to SAP the non-exclusive right to use the Customer-provided software for the sole purpose of and only to the extent necessary for SAP to provide the SAP BW Capacity Services; and (d) Customer acknowledges that additional SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 7 of 31 fees may apply in connection with management and support of such Customer-provided software in the Capacity Services. 6.10. Customer Data Return. Prior to termination or expiration of the Subscription Term, at Customer’s request, SAP shall provide to Customer, within a reasonable time period and in a reasonable backup media format utilized by SAP, a final export of the Customer Data in the SAP BW Capacity Service. Customer must verify the usability of this export within two weeks of receipt. In the event Customer does not provide verification within the two-week period, the exported Customer Data shall be deemed usable. 6.11. Customer Responsibilities 6.11.1. SAP’s provision, operation and support of the SAP BW Capacity Service is subject to Customer`s reasonable cooperation and providing necessary information (including any on -boarding documentation), authorizations and qualified resources for such activities no later than 5 business days from the Order Form Eff ective Date. Customer authorizes SAP to set up and use an administrative user in the SAP BW Capacity Service systems as needed to provision and confirm Customer’s subscribed usage and technical complianc e of the SAP BW Capacity Service. SAP shall be permitted to audit (at least once annually and in accordance with SAP standard procedures, which may include an on-site and/or remote audit) the Customer’s use of the SAP BW Capacity Service to verify compliance with Usage Metrics, volume, and the Agreement. Customer shall cooperate reasonably in the conduct of such audits. 6.11.2. Customer is responsible for the definition, documentation, and execution of its business processes in the SAP BW Capacity Service, including, but not limited to configuration of systems’ management and application and data security policies and batch processing requirements. Customer is responsible for providing SAP necessary and sufficient documentation of its appli cable processes and Customer ABAP Add-ons for SAP to perform its responsibilities under the Agreement. 6.12. Upgrades and Releases 6.12.1. Customer is responsible for arranging technical installations by SAP of upgrades and new releases of the SAP BW Capacity Services. Customer must only use a version or release of the SAP BW Capacity Service for which software maintenance and support are current, as provided by SAP. For purposes of this Section, “current” means it is covered by mainstream maintenance as identified and available at: SAP Release and Maintenance Strategy. 6.12.2. For all additional and Customer ABAP Add-ons, simplification and incompatibility checks must be executed by Customer. Customer is responsible for evaluating the results of such checks to ensure that implemented business processes, backend and frontend applications and integrations are running after changes to the SAP BW Capacity Service. 6.12.3. SAP’s obligations under the Agreement and Documentation are dependent on Customer maintaining the SAP BW Capacity Service as current. SAP is not responsible for the reliability, performance, availability, functionality, security, or any other related issues experienced with the SAP BW Capacity Service that may result from running a release that is not current and is not liable to Customer for any loss or damage that might arise from a SAP BW Capacity Service’s inoperability or unavailability because it is n ot current. 6.12.4. If SAP is not able to perform upgrades due to the lack of Customer’s cooperation, (i) SAP’s ability to provide support may be limited and SAP assumes no responsibilities for such limitations and (ii) the System Availability Service Levels in the SLA shall not apply. 6.12.5. Customer is responsible for the connection to the SAP BW Capacity Services, including the internet connection to the Point of Demarcation. SAP’s responsibility shall not extend beyond the Point of Demarcation. “Point of Demarcation” means the outbound firewall (or, in case of a VPN for access, the point of connection of the SAP network to the VPN) of SAP’s computing environment used to provide the SAP BW Capacity Services. 6.12.6. If Customer fails to fulfil any Customer obligations set forth in this Supplement, Customer is responsible for the ramifications of such failure including delays, subsequent costs, and any performance, availability, functionality, support, and/or security issues experienced with the SAP BW Capacity Services. SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 8 of 31 6.13. Connection Package for Productive Tiers, Private Edition For this SAP BW Capacity Service, customers must select one of the services, from the table below, that must be installed in the same location as the applicable SAP BW/4HANA Cloud, base package, private edition Capacity Service or the SAP BW NetWeaver Cloud, base package, private edition Capacity Service: Service Included 01 VPN Connection Set of 5 up to VPN connections 02 Direct line connection point Infrastructure deployed: Depending on the datacenter of choice the following will be delivered: SAP DC: 1 x MPLS, 400Mbit/s Azure: 1 x Expressroute, 200 Mbit/s AWS: 1 x Direct Connect, 200Mbit/s GCP: 1 x Interconnect, 2 x 100Mbit/s (Redundant) 03 SAP Router Infrastructure deployed: 1 x Productive Server (8GiB memory) 04 SAP Web Dispatcher Infrastructure deployed: 1 x Productive Server (8GiB memory) 05 SAP Data Services Agent (DS Agent) Infrastructure deployed: 2 x Productive Servers (16GiB memory) 06 Data Provision Agent (DP Agent) Infrastructure deployed: 2 x Productive Servers (16GiB memory) 07 SAP Analytics Cloud Agent (SAC Agent) Infrastructure deployed: 1 x Productive Server (16GiB memory) 08 SAP Cloud Connector Infrastructure deployed: 2 x Productive Servers (8GiB memory) 09 Redwood RunMyJobs Agent Infrastructure deployed: 1 x Productive Server (8GiB memory) 10 OpenText ADA Core Archive Connector Infrastructure deployed: 1 x Productive Server (16GiB memory) 11 SCM Optimizer Infrastructure deployed: Choose between: 1 x Productive Server (64GiB memory) or 1 x Non-productive Server (64GiB memory) 12 Separate ERS/CS Used to separate the ERS (Enqueue Replication Service) and CS (Central Services) onto dedicated servers. Infrastructure deployed: 2 x Productive Servers (8GiB memory) 13 Load Balancer Infrastructure deployed: Up to 5 Load Balancers depending on hyperscaler and usage type 14 Customer Integration Server Support all 3 scenarios: • SMTP Relay (Outbound) • Samba • SFTP Infrastructure deployed: 2 x Productive Servers (8GiB memory each) active-passive mode. Note: Storage included is only for the operating system. User file storage needs to be added in addition. 15 Additional egress data Not available 16 Extra Bandwidth Service delivers only one of below options: AWS Direct Connect: 1000Mbit/s Azure ExpressRoute: 1000Mbit/s GCP Interconnect: 1000Mbit/s 17 VPC/VNET Peering Not available 18 AWS Transit Gateway Not available SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 9 of 31 6.14. Connection Package for Non-Productive Tiers, Private Edition 6.14.1. For this SAP BW Capacity Service, customers must select one of the following Capacity Services that must be installed in the same location as the applicable non-productive tier: (a) SAP BW/4HANA Cloud, base package, private edition, (b) SAP BW/4HANA Cloud, additional non-productive, base package, private edition, (c) SAP BW NetWeaver Cloud, base package, private edition, or (d) SAP BW NetWeaver Cloud, additional non-productive, base package, private edition. Service Included 01 VPN Connection Set of up to 5 VPN connections 02 Direct line connection point Infrastructure deployed: Depending on the datacenter of choice the following will be delivered: SAP DC: 1 x Cloud Peering, 400Mbit/s or SAP DC: 1 x MPLS, 1Gbit port speed Azure: 1 x Expressroute, 200 Mbit/s AWS: 1 x Direct Connect, 200Mbit/s GCP: 1 x Interconnect, 2 x 100Mbit/s (Redundant) 03 SAP Router Infrastructure deployed: 1 x Non-productive Server (8GiB memory, 10GB storage) 04 SAP Web Dispatcher Infrastructure deployed: 1 x Non-productive Server (8GiB memory, 50GB storage) 05 SAP Data Services Agent (DS Agent) Infrastructure deployed: 1 x Non-productive Server (16GiB memory, 20GB storage) 06 Data Provision Agent (DP Agent) Infrastructure deployed: 1 x Non-productive Server (16GiB memory, 50GB storage) 07 SAP Analytics Cloud Agent (SAC Agent) Infrastructure deployed: 1 x Non-productive Server (16GiB memory, 50GB storage) 08 SAP Cloud Connector Infrastructure deployed: 1 x Non-productive Server (8GiB memory, 20GB storage) 09 Redwood RunMyJobs Agent Infrastructure deployed: 1 x Non-productive Server (8GiB memory, 256GB storage) 10 OpenText ADA Core Archive Connector Infrastructure deployed: 1 x Non-productive Server (16GiB memory, 150GB storage) 11 SCM Optimizer Not available 12 Separate ERS/CS Not available 13 Load Balancer Not available 14 Customer Integration Server Not available 15 Additional egress data Service delivers only one of below options: AWS: 10TB/month Azure VPN: 5TB/month or Azure ExpressRoute: 10TB/month GCP: 2TB/month 16 Extra Bandwidth Service delivers only one of below options: AWS Direct Connect: 500Mbit/s Azure ExpressRoute: 500Mbit/s GCP Interconnect: 500Mbit/s 17 VPC/VNET Peering Up to 10 Connections 18 AWS Transit Gateway Service delivers only one of below options: AWS Transit Gateway Attachment: 1 or AWS Transit Gateway Package: 1 6.15. SAP S/4HANA Cloud, Disaster Recovery, Private Edition 6.15.1. Disaster Recovery Services Setup. This SAP BW Capacity Service entails detailed planning which, as part of Customer's implementation project for the applicable productive systems, will be mutually agreed upon by SAP and Customer. SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 10 of 31 6.16. SAP S/4HANA Cloud Private Edition Application Server for Linux, Additional Production Tenant 6.16.1. This SAP BW Capacity Service includes access to one application server with 64GB of memory. The application server size is based on the respective system landscape usage tiers where it is added and may require additional memory. 6.17. SAP S/4HANA Cloud Private Edition Application Server for Linux, Additional Nonproduction Tenant 6.17.1. This SAP BW Capacity Service includes access to one application server with 64GB of memory. The application server size is based on the respective system landscape usage tiers where it is added and may require additional memory. 6.18. SAP S/4HANA Cloud Private Edition Application Server for Linux, Additional Production Tenant, Upgrade 6.18.1. The maximum available memory to upgrade is up to 512GiB. 6.19. SAP S/4HANA Cloud Private Edition Application Server for Linux, Additional Nonproduction Tenant, Upgrade 6.19.1. The maximum available memory to upgrade is up to 512GiB. 6.20. SAP BW/4HANA Cloud, Base Package, Private Edition 6.20.1. System sizing: Size Database /Application System Productive Tier System Non-Productive Tier One Size HANA DB 1 x 256GiB memory, 256GB usable storage 1 x 256GiB memory, 256GB usable storage App Server 1 x 64GiB memory 1 x 32GiB memory 6.20.2. This Capacity Service includes: (a) SAP Web Dispatcher (productive and non-productive) (8GiB memory each, installed on dedicated servers), (b) SAP Cloud Connector (productive and non-productive) (8GiB memory each, installed on dedicated servers) per customer’s virtual network (VNET), unless Customer already has SAP Cloud Connector via another subscription, (c) Common transport folder of 100GB of storage for all transport files, (d) SAP Analytics Cloud Agent (productive and non-productive) (16GiB memory each, installed on dedicated servers, available on customer request), and (e) SAP Data Provisioning Agent (productive and non-productive) (16GiB MEMORY each, installed on dedicated servers, available on customer request). 6.21. SAP BW/4HANA Cloud, Additional Non-Productive, Base Package, Private Edition 6.21.1. System sizing: Size Database /Application System Non-Productive Tier One Size HANA DB 1 x 256GiB memory, 256GB usable storage App Server 1 x 64GiB memory 6.21.2. This Capacity Service includes SAP Web Dispatcher (non-productive) (8GiB memory, installed on dedicated server). SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 11 of 31 6.22. SAP BW NetWeaver Cloud, Base Package, Private Edition 6.22.1. System sizing: Size Database /Application System Productive Tier System Non-Productive Tier One Size HANA DB 1 x 256GiB memory, 256GB usable storage 1 x 256GiB memory, 256GB usable storage App Server 1 x 64GiB memory 1 x 32GiB memory 6.22.2. This Capacity Service includes: (a) SAP Web Dispatcher (productive and non-productive) (8GiB memory each, installed on dedicated servers), (b) SAP Cloud Connector (productive and non-productive) (8GiB memory each, installed on dedicated servers) per customer’s virtual network (VNET), unless Customer already has SAP Cloud Connector via another subscription, (c) Common transport folder of 100GB of storage for all transport files, (d) SAP Analytics Cloud Agent (productive and non-productive) (16GiB memory each, installed on dedicated servers, available on customer request), and (e) SAP Data Provisioning Agent (productive and non-productive) (16GiB MEMORY each, installed on dedicated servers, available on customer request). 6.23. SAP BW NetWeaver Cloud, Additional Non-Productive Base Package, Private Edition 6.23.1. System sizing: Size Database /Application System Non-Productive Tier One Size HANA DB 1 x 256GiB memory, 256GB usable storage App Server 1 x 64GiB memory 6.23.2. This Capacity Service includes SAP Web Dispatcher (non-productive) (8GiB memory, installed on dedicated server). 6.24. SAP BI Java Server Cloud, Private Edition 6.24.1. System sizing: Size Database /Application System Productive Tier System Non-Productive Tier 8 cores Java Application Server 1 x 32GiB memory 1 x 32GiB memory 6.25. SAP BI Java Server Cloud, additional non-productive, Private Edition 6.25.1. System sizing: Size Database /Application System Non-Productive Tier 8 cores Java Application Server 1 x 32 GiB memory SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 12 of 31 6.26. SAP IaaS Server Linux Cloud, private edition 6.26.1. System sizing: Size Database/Application System Size 128 GiB IAAS Server 1 x 128 GiB memory 6.27. SAP Business Planning and Consolidation Professional Edition for SAP BW/4HANA Cloud (Planning Only), Private Edition 6.27.1. This Capacity Service may be used solely for the creation and calculation of budget, plan, or forecast data . The calculation and reporting of the consolidated financial results of a group of companies or for separate financial statement reporting where the application is being used to calculate and report investments at equity, applying generally accepted accounting concepts related to accounting for business combinations and/or equity accounting for investments, is not permitted. Customer must license this Capacity Service whenever data extraction to third-party systems is required, with the exception of use cases involving data extraction in the form of static reports (i.e. PDF). 6.28. SAP Business Planning and Consolidation, Professional Edition for SAP BW/4HANA Cloud, Private Edition 6.28.1. Customer must license this Capacity Service whenever data extraction to third-party systems is required, with the exception of use cases involving data extraction in the form of static reports (i.e. PDF). 6.29. SAP Business Planning and Consolidation, Standard Edition for SAP BW/4HANA Cloud, Private Edition 6.29.1. Use of this Capacity Service is limited to: (a) direct input and/or editing of quantitative and qualitative data into the application; (b) execution of existing reports or creation of reports on existing data structures; (c) execution of changes to workflow tasks; and (d) viewing data, except that users accessing the package through an interface are limited to viewing data only. 6.29.2. The consolidation functionality is limited to running controls on data submitted by Users. 6.29.3. The planning functionality is limited to performing planning tasks only on existing models. 6.30. SAP Business Planning and Consolidation Standard Edition for SAP BW/4HANA Cloud (Planning Only), Private Edition 6.30.1. Use of this Capacity Service is limited to: (a) direct input and/or editing of quantitative and qualitative data into the application; (b) execution of existing reports or creation of reports on existing data structures; (c) execution of changes to workflow tasks; and (d) viewing data, except that users accessing the package through an interface are limited to viewing data only. 6.30.2. The consolidation functionality is limited to running controls on data submitted by Users. 6.30.3. The planning functionality is limited to performing planning tasks only on existing models. 6.31. SAP Business Planning and Consolidation Professional Edition for SAP NetWeaver Cloud (Planning Only), Private Edition 6.31.1. This Capacity Service may be used solely for the creation and calculation of budget, plan, or forecast data. The calculation and reporting of the consolidated financial results of a group of companies or for separate financial statement reporting where the application is being used to calculate and report investments at equity , applying generally accepted accounting concepts related to accounting for business combinations and / or SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 13 of 31 equity accounting for investments, is not permitted. Customer must license this Capacity Service whenever data extraction to third-party systems is required, with the exception of use cases involving data extraction in the form of static reports (i.e. PDF). 6.32. SAP Business Planning and Consolidation Professional Edition for SAP NetWeaver Cloud, Private Edition 6.32.1. Customer must license this Capacity Service whenever data extraction to third-party systems is required, with the exception of use cases involving data extraction in the form of static reports (i.e. PDF). 6.33. SAP Business Planning and Consolidation Standard Edition for SAP NetWeaver Cloud, Private Edition 6.33.1. For this Capacity Service, use is limited to: (a) direct input and/or editing of quantitative and qualitative data into the application; (b) execution of existing reports or creation of reports on existing data structures; (c) execution of changes to workflow tasks; and (d) viewing data, except that users accessing the package through an interface are limited to viewing data only. 6.33.2. The consolidation functionality is limited to running controls on data submitted by Users. 6.33.3. The planning functionality is limited to performing planning tasks only on existing models. 6.34. SAP Business Planning and Consolidation Standard Edition for SAP NetWeaver Cloud (Planning Only), Private Edition 6.34.1. For this Capacity Service, use is limited to: (a) direct input and/or editing of quantitative and qualitative data into the application; (b) execution of existing reports or creation of reports on existing data structures; (c) execution of changes to workflow tasks; and (d) viewing data, except that users accessing the package through an interface are limited to viewing data only. 6.34.2. The consolidation functionality is limited to running controls on data submitted by Users. 6.34.3. The planning functionality is limited to performing planning tasks only on existing models. 6.35. SAP HANA, EE Cloud, upgrade, private edition 6.35.1. SAP HANA, EE Cloud, upgrade, private edition ("HANA Enterprise") is an upgrade to the SAP HANA database from runtime edition (see Section 6.1) to HANA Enterprise. The required number of blocks is based on the productive system size. 6.35.2. HANA Enterprise may be used with an unlimited number of Data Sources, subject to the applicable licensed level. 6.35.3. HANA Enterprise includes the following runtime edition components: (a) SAP HANA Operation Process Intelligence; (b) SAP HANA, information management option; (c) SAP HANA, data privacy option; (d) SAP HANA, spatial and graph option; (e) SAP HANA, predictive option; (f) SAP HANA, search and text option; and (g) SAP HANA native storage extension (use of HANA Native Storage Extension Buffer Cache component is subject to the applicable licensed level). SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 14 of 31 6.35.4. Customer may use SAP HANA smart data access to query data from any Data Sources, provided HANA Enterprise has been appropriately sized for all such data that is queried and joined with other Data Sources via SAP HANA smart data access. 6.35.5. SAP HANA, information management option includes SAP HANA smart data integration and SAP HANA smart data quality. 6.35.6. Use of SAP HANA, data privacy option is limited solely to the SAP HANA Data Masking Engine, SAP HANA Data anonymization Engine, Column Encryption, and Shared SAP Business Application Authorizations. 6.35.7. Use of SAP HANA, predictive option is limited solely to the HANA PAL/R engine, Automated Predictive Library (APL), and TensorFlow integration. 6.35.8. Use of SAP HANA, search and text option is limited solely to the SAP HANA Search Engine and Text Analysis Engine. 6.36. SAP Cloud, large memory extension for productive tiers, private edition 6.36.1. This SAP BW Capacity Service extends productive SAP HANA systems beyond 12 terabytes, to an SAP- supported size. 6.37. SAP Cloud, large memory extension for non-productive tiers, private edition 6.37.1. This SAP BW Capacity Service extends non-productive HANA database beyond 12 terabytes, to an SAP- supported size. 6.38. SAP IQ cold store Cloud, base package, private edition 6.38.1. System sizing: Database System Productive Tier System Non-Productive Tier IQ DB Usable DB Size 512GB Server size, 1 x 64GiB memory Usable DB Size 512GB Server size, 1 x 64GiB memory 6.39. SAP IQ cold store Cloud, upgrade, private edition 6.39.1. Use of this SAP BW Capacity Service must conform to the following sizing: 512GB, 1TB, 3TB, 5TB, 10TB, 20TB, 30TB. 6.40. SAP IQ cold store Cloud, additional non-productive tier, base package, private edition 6.40.1. System sizing: Database System Non-Productive Tier IQ DB Usable DB Size 512GB Server size, 1 x 64GiB memory 6.41. SAP IQ cold store Cloud, additional non-productive tier, upgrade, private edition 6.41.1. Use of this SAP BW Capacity Service must conform to the following sizing: 512GB, 1TB, 3TB, 5TB, 10TB, 20TB, 30TB. 6.42. RISE with SAP, private edition 99.9% Service Level Agreement (SLA) 6.42.1. Unless otherwise indicated in Table 3 of Attachment A, the SAP BW Capacity Services are eligible to upgrade the System Availability Percentage for productive environments stated in Section 1.15 of Attachment B from 99.7% to 99.9%. 6.43. SAP Business Warehouse Cloud, GxP, Private Edition 6.43.1. This SAP BW Capacity Service is solely available for the Capacity Services as specified in Table 3, Attachment A. SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 15 of 31 7. SAP BUSINESS DATA CLOUD INTELLIGENT APPLICATIONS CLOUD SERVICES 7.1. Customer must have a current subscription to the SAP Business Data Cloud, core capacity Cloud Service in order to use any of the Cloud Services listed in this Section 7. 7.1.1. Provided Customer has a current subscription to the SAP HANA Cloud Cloud Service, Customer may consume SAP Data Products solely to be used within the SAP Hana Cloud Cloud Service. 7.2. Cloud ERP Intelligence Cloud Service 7.2.1. The Usage Metric for this Cloud Service is FUE. 7.2.2. Use of this Cloud Service is subject to the terms of the Agreement and conditioned on: 7.2.2.1. Customer subscribing to one of the Cloud Services listed in Section 7.2.2.3. (a-d), and 7.2.2.2. Customer’s subscription to this Cloud Service must be equal to or greater than the same number of FUEs as Customer subscribes to in the corresponding application for one of the Cloud Services in Section 7.2.2.3.(a)- (g). 7.2.2.3. Separately subscribed Cloud Services: (a) RISE with SAP S/4HANA Cloud Private Edition, base; (b) RISE with SAP S/4HANA Cloud Private Edition, premium; (c) RISE with SAP S/4HANA Cloud Private Edition, premium plus; (d) RISE with SAP S/4HANA Cloud, private edition, core, tailored option; (e) SAP Cloud ERP Private; (f) SAP Cloud ERP Private, base option; or (g) SAP Cloud ERP Private, tailored option. 7.3. Customer-Managed Data Products Cloud Service 7.3.1. The Usage Metric for this Cloud Service is Flat Fee. 7.3.2. Subject to Section 7.1 of this Supplement, Customer is entitled to an increase of 1,000 Capacity Units per month of the SAP Business Data Cloud, core capacity Cloud Service, which may only be used on Capacity Services listed in Attachment A, Tables 1, 2, 3, and 4. SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 16 of 31 ATTACHMENT A to SAP Business Data Cloud Supplemental Terms and Conditions Table 1: SAP Datasphere Capacity Services Capacity Service Category Capacity Service Capacity Unit of Measure Capacity Unit Value SAP Datasphere Foundation Datasphere SaaS Foundation Tenant per hour 0.926 High-Performance Workload Memory-Optimized Compute 16 GB Memory per hour 0.570 High Memory-Optimized Compute 16 GB Memory per hour 0.485 CPU-Optimized Compute 16 GB Memory per hour 0.715 High CPU-Optimized Compute 16 GB Memory per hour 1.065 Memory-Optimized Elastic Compute 16 GB Memory per hour 0.798 CPU-Optimized Elastic Compute 16 GB Memory per hour 1.028 High CPU-Optimized Elastic Compute 16 GB Memory per hour 1.488 High-Scale Workload Spark Compute 4 GB Memory per hour 0.149 Object Store 1 TB Storage per hour 0.103 Object Store Requests 1,000 API Calls 0.026 Storage Disk Storage 16 GB Storage per hour 0.004 Catalog Catalog Storage (512MB included each month) 1 GB Storage per hour 1.096 SAP Datasphere, SAP BW Bridge Data Lake Relational Engine 1 TB per hour 0.767 SAP Datasphere, SAP BW Bridge 128 GB Storage per hour 1.447 Integration Data Integration (200 hours included each month) 5 GB Memory per hour 0.784 Premium Outbound Integration 20 GB Variable Premium Outbound Integration is priced according to blocks, as set forth below: Premium Outbound Integration Blocks of 20 GB Capacity Unit Value Per Block First 10 500 Next 15 350 Next 25 200 Next 50 100 Next 9999+ 35 SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 17 of 31 Table 2: SAP Analytics Cloud Capacity Services Capacity Service Capacity Unit of Measure Tier Capacity Unit Value SAP Analytics Cloud for business intelligence, public system option User 25 - 200 25.60 201 - 500 21.60 501 - 1,000 17.38 1,001 - 3,000 15.95 3,001 - 5,000 12.64 5,001+ 10.54 SAP Analytics Cloud for planning, standard edition, public system option User 10 - 200 72.85 201 - 500 57.98 501 - 1,000 46.70 1,001+ 41.57 SAP Analytics Cloud for planning, professional edition, public system option User 1+ 820.43 SAP Analytics Cloud, test tenant, public system option User 20+ 47.05 SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 18 of 31 Table 3: SAP BW Capacity Services Capacity Service Capacity Unit of Measure Block “Standard” Capacity Unit Value Promotion Period 1: Capacity Unit Value Promotion Period 2: Capacity Unit Value SAP BW/4HANA Cloud, base package, private edition3 Tenant 1 35,346.15 27,029.41 30,633.33 SAP BW/4HANA Cloud, additional non-productive, base package, private edition1,2,3 GB Memory 256 8,466.10 6,474.08 7,337.29 SAP Business Planning and Consolidation professional edition for SAP BW/4HANA Cloud (planning only), private edition User 1 166.62 166.62 166.62 SAP Business Planning and Consolidation, professional edition for SAP BW/4HANA Cloud, private edition User 1 244.35 244.35 244.35 SAP Business Planning and Consolidation, standard edition for SAP BW/4HANA Cloud, private edition User 6 - 200 97.09 97.09 97.09 201 - 500 80.91 80.91 80.91 501 - 1000 64.73 64.73 64.73 1001+ 50.10 50.10 50.10 SAP Business Planning and Consolidation standard edition for SAP BW/4HANA Cloud (planning only), private edition User 8 - 200 65.70 65.70 65.70 201 - 500 52.07 52.07 52.07 501 - 1000 41.65 41.65 41.65 1001+ 32.25 32.25 32.25 SAP BW NetWeaver Cloud, base package, private edition3 Tenant 1 35,346.15 27,029.41 30,633.33 SAP BW NetWeaver Cloud, additional non-productive, base package, private edition1,2,3 GB Memory 256 8,466.10 6,474.08 7,337.29 SAP Business Planning and Consolidation professional edition for SAP NetWeaver Cloud (planning only), private edition User 1 166.62 166.62 166.62 SAP Business Planning and Consolidation professional edition for SAP NetWeaver Cloud, private edition User 1 244.35 244.35 244.35 SAP Business Planning and Consolidation standard edition for SAP NetWeaver Cloud, private edition User 6 - 200 97.09 97.09 97.09 201 - 500 80.91 80.91 80.91 501 - 1000 64.73 64.73 64.73 1001+ 50.10 50.10 50.10 SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 19 of 31 Capacity Service Capacity Unit of Measure Block “Standard” Capacity Unit Value Promotion Period 1: Capacity Unit Value Promotion Period 2: Capacity Unit Value SAP Business Planning and Consolidation standard edition for SAP NetWeaver Cloud (planning only), private edition User 8 - 200 65.70 65.70 65.70 201 - 500 52.07 52.07 52.07 501 - 1000 41.65 41.65 41.65 1001+ 32.25 32.25 32.25 SAP Cloud, memory extension for productive tiers, private edition GB Memory 256 2,950.82 2,256.51 2,557.38 SAP Cloud, memory extension for non-productive tiers, private edition1 GB Memory 256 1,541.61 1,178.88 1,336.07 SAP Cloud, large memory extension for productive tiers, private edition2 GB Memory 1,024 32,035.61 24,497.82 27,764.20 SAP Cloud, large memory extension for non-productive tiers, private edition1,2 GB Memory 1,024 13,881.03 10,614.90 12,030.22 SAP S/4HANA Cloud Private Edition Application Server for Linux, additional production tenant Tenant 1 2,567.07 2,567.07 2,567.07 SAP S/4HANA Cloud Private Edition Application Server for Linux, additional production tenant, upgrade2 GB Memory 64 732.54 732.54 732.54 SAP S/4HANA Cloud Private Edition Application Server for Linux, additional nonproduction tenant1,2 Tenant 1 2,103.39 1,608.48 1,822.94 SAP S/4HANA Cloud Private Edition Application Server for Linux, additional nonproduction tenant, upgrade1,2 GB Memory 64 732.54 732.54 732.54 SAP BI Java Server Cloud, private edition (8 cores) Tenant 1 7,098.49 5,428.26 6,152.03 SAP BI Java Server Cloud, additional non-productive, private edition (8 cores)1,2 GB Memory 32 2,671.76 2,043.11 2,315.52 SAP HANA, EE Cloud, upgrade, private edition 256 GB Memory 1 - 2 16,904.33 16,904.33 16,904.33 3 - 6 12,294.24 12,294.24 12,294.24 7 - 15 9,220.20 9,220.20 9,220.20 16 - 31 6,916.12 6,916.12 6,916.12 32+ 3,586.69 3,586.69 3,586.69 SAP Additional Database Storage, private cloud edition3 GB Storage 128 476.49 387.15 412.96 SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 20 of 31 Capacity Service Capacity Unit of Measure Block “Standard” Capacity Unit Value Promotion Period 1: Capacity Unit Value Promotion Period 2: Capacity Unit Value SAP Additional File Storage, private cloud edition1,2 GB Storage 128 124.40 95.13 107.82 SAP IQ cold store Cloud, base package, private edition1,2 Tenant 1 7,822.50 7,822.50 7,822.50 SAP IQ cold store Cloud, additional non-productive tier, base package, private edition1,2 Tenant 1 2,537.41 2,537.41 2,537.41 SAP IQ cold store Cloud, upgrade, private edition1,2 GB Storage 512 1,391.12 1,391.12 1,391.12 SAP IQ cold store Cloud, additional non-productive tier, upgrade, private edition1,2 GB Storage 512 738.25 738.25 738.25 SAP IaaS server Linux Cloud, private edition (128GB)1,2 Tenant 1 1,735.53 1,504.13 1,504.13 connection package for productive tiers, private edition Tenant 1 2,658.97 2,033.13 2,304.44 connection package for non- productive tiers, private cloud edition1,2 Tenant 1 1,061.37 811.64 919.85 SAP Profitability and Performance Management Cloud, private edition GB Memory 1 47.60 47.60 47.60 SAP S/4HANA Cloud, disaster recovery, private edition1,2 % of Net Recurring Fee 1 17% 17% 17% RISE with SAP, private edition 99.9% Service Level Agreement (SLA)1,2 % of Net Recurring Fee 1 50.1% 50.1% 50.1% SAP S/4HANA Cloud, 4-hour recovery time objective, private edition1,2 % of Net Recurring Fee 1 5% 5% 5% SAP Business Warehouse Cloud, GxP, private edition1,2 % of Net Recurring Fee 1 11% 11% 11% 1 Not eligible for the SAP S/4HANA Cloud, disaster recovery, private edition or SAP S/4HANA Cloud, 4-hour recovery time objective, private edition Capacity Services 2 Not eligible for the RISE with SAP, private edition 99.9% Service Level Agreement (SLA) Capacity Service. 3Eligible for the SAP Business Warehouse Cloud, GxP, private edition capacity service. SAP BW Capacity Services Promotion: Customers are eligible to subscribe to the SAP BW Capacity Services Promotion during the “Promotion Periods” as indicated in Table 3 of this Attachment A. “Promotion Period 1” is valid through and including December 31, 2025. “Promotion Period 2” is valid from January 1, 2026 through and including SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 21 of 31 December 31,2026. So long as the applicable Order Form Effective Date is a date within a Promotion Period, the applicable Promotion Period Capacity Unit Value shall apply for the duration of Customer’s Initial Subscription Term. After Customer’s Initial Subscription Term expires, the applicable Promotion Period Capacity Unit Value terminates and will adjust to the “Standard” Capacity Unit Value. For the purposes of the SAP BW Capacity Services, the “Standard” Capacity Unit Value refers to the non-promotional rate charged for the applicable SAP BW Capacity Services. SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 22 of 31 Table 4: SAP Databricks Capacity Services Capacity Service Hyper- scaler Region Capacity Unit of Measure Block “Standard” Capacity Unit Value Promotion Period (valid through April 30, 2026): Capacity Unit Value Enterprise SAP Automated Serverless Compute AWS AP (Seoul) DBU 1 0.888 0.533 Enterprise SAP Automated Serverless Compute AWS AP (Singapore) DBU 1 0.888 0.533 Enterprise SAP Automated Serverless Compute AWS AP (Tokyo) DBU 1 0.888 0.533 Enterprise SAP Automated Serverless Compute AWS Europe (Frankfurt) DBU 1 0.888 0.533 Enterprise SAP Automated Serverless Compute AWS US East (N. Virginia) DBU 1 0.799 0.48 Enterprise SAP Public Connectivity Data Processed AWS AP (Seoul) GB 1 0.105 0.063 Enterprise SAP Public Connectivity Data Processed AWS AP (Singapore) GB 1 0.105 0.063 Enterprise SAP Public Connectivity Data Processed AWS AP (Tokyo) GB 1 0.111 0.067 Enterprise SAP Public Connectivity Data Processed AWS Europe (Frankfurt) GB 1 0.093 0.056 Enterprise SAP Public Connectivity Data Processed AWS US East (N. Virginia) GB 1 0.08 0.048 Enterprise SAP Private Connectivity Endpoint AWS AP (Seoul) Hour 1 0.024 0.015 Enterprise SAP Private Connectivity Endpoint AWS AP (Singapore) Hour 1 0.024 0.015 Enterprise SAP Private Connectivity Endpoint AWS AP (Tokyo) Hour 1 0.025 0.015 Enterprise SAP Private Connectivity Endpoint AWS Europe (Frankfurt) Hour 1 0.022 0.014 Enterprise SAP Private Connectivity Endpoint AWS US East (N. Virginia) Hour 1 0.018 0.011 Enterprise SAP Databricks Storage AWS AP (Seoul) DSU 1 0.045 0.027 Enterprise SAP Databricks Storage AWS AP (Singapore) DSU 1 0.045 0.027 Enterprise SAP Databricks Storage AWS AP (Tokyo) DSU 1 0.045 0.027 SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 23 of 31 Capacity Service Hyper- scaler Region Capacity Unit of Measure Block “Standard” Capacity Unit Value Promotion Period (valid through April 30, 2026): Capacity Unit Value Enterprise SAP Databricks Storage AWS Europe (Frankfurt) DSU 1 0.045 0.027 Enterprise SAP Databricks Storage AWS US East (N. Virginia) DSU 1 0.041 0.025 Enterprise SAP Inter-Availability Zone Egress AWS Global GB 1 0.018 0.011 Enterprise SAP Inter-Region Egress From AWS AP (Seoul) GB 1 0.143 0.086 Enterprise SAP Inter-Region Egress From AWS AP (Singapore) GB 1 0.16 0.096 Enterprise SAP Inter-Region Egress From AWS AP (Tokyo) GB 1 0.16 0.096 Enterprise SAP Inter-Region Egress From AWS Europe (Frankfurt) GB 1 0.036 0.022 Enterprise SAP Inter-Region Egress From AWS US East (N. Virginia) GB 1 0.036 0.022 Enterprise SAP Interactive Serverless Compute AWS AP (Seoul) DBU 1 1.776 1.066 Enterprise SAP Interactive Serverless Compute AWS AP (Singapore) DBU 1 1.864 1.119 Enterprise SAP Interactive Serverless Compute AWS AP (Tokyo) DBU 1 1.864 1.119 Enterprise SAP Interactive Serverless Compute AWS Europe (Frankfurt) DBU 1 1.776 1.066 Enterprise SAP Interactive Serverless Compute AWS US East (N. Virginia) DBU 1 1.687 1.013 Enterprise SAP Internet Egress From AWS AP (Seoul) GB 1 0.224 0.135 Enterprise SAP Internet Egress From AWS AP (Singapore) GB 1 0.214 0.129 Enterprise SAP Internet Egress From AWS AP (Tokyo) GB 1 0.203 0.122 Enterprise SAP Internet Egress From AWS Europe (Frankfurt) GB 1 0.16 0.096 Enterprise SAP Internet Egress From AWS US East (N. Virginia) GB 1 0.16 0.096 Enterprise SAP Model Serving AWS AP (Seoul) DBU 1 0.153 0.092 SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 24 of 31 Capacity Service Hyper- scaler Region Capacity Unit of Measure Block “Standard” Capacity Unit Value Promotion Period (valid through April 30, 2026): Capacity Unit Value Enterprise SAP Model Serving AWS AP (Singapore) DBU 1 0.157 0.095 Enterprise SAP Model Serving AWS AP (Tokyo) DBU 1 0.16 0.096 Enterprise SAP Model Serving AWS Europe (Frankfurt) DBU 1 0.15 0.09 Enterprise SAP Model Serving AWS US East (N. Virginia) DBU 1 0.125 0.075 Enterprise SAP Model Training AWS AP (Seoul) DBU 1 1.509 0.906 Enterprise SAP Model Training AWS AP (Singapore) DBU 1 1.509 0.906 Enterprise SAP Model Training AWS AP (Tokyo) DBU 1 1.509 0.906 Enterprise SAP Model Training AWS Europe (Frankfurt) DBU 1 1.385 0.831 Enterprise SAP Model Training AWS US East (N. Virginia) DBU 1 1.154 0.693 Enterprise SAP Private Connectivity Data Processed AWS Global GB 1 0.018 0.011 Enterprise SAP Serverless SQL Compute AWS AP (Seoul) DBU 1 1.687 1.013 Enterprise SAP Serverless SQL Compute AWS AP (Singapore) DBU 1 1.563 0.938 Enterprise SAP Serverless SQL Compute AWS AP (Tokyo) DBU 1 1.776 1.066 Enterprise SAP Serverless SQL Compute AWS Europe (Frankfurt) DBU 1 1.616 0.97 Enterprise SAP Serverless SQL Compute AWS US East (N. Virginia) DBU 1 1.243 0.746 Enterprise SAP Enhanced Security and Compliance - for Workspaces AWS Global % of all SAP Databrick s Capacity Unit value 1 15% 15% Enterprise SAP Anthropic Model Serving AWS Global DBU 1 0.125 0.075 Object Storage for SAP Databricks ALL Global TB Storage per hour 1 0.103 0.103 Object Store Requests for SAP Databricks ALL Global API Calls 1,000 0.026 0.026 SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 25 of 31 SAP Databricks Capacity Services Promotion: Customers are eligible to subscribe to the SAP Databricks Capacity Services Promotion during the “Promotion Period” as indicated in Table 4 of this Attachment A. The “Promotion Period” is valid from the start of the SAP Databricks Capacity Service consumption through and including April 30, 2026 at which time the Promotion Period terminates and adjusts to the “Standard” Capacity Unit Value. For the purposes of the SAP Databricks Capacity Services, the “Standard” Capacity Unit Value refers to the non -promotional rate charged for the applicable SAP Databricks Capacity Services. SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 26 of 31 ATTACHMENT B to SAP Business Data Cloud Supplemental Terms and Conditions Service Level Agreement for SAP BW Capacity Services This Service Level Agreement applies solely to the SAP BW Capacity Services. 1. DEFINITIONS 1.1. “Agreed Downtime” means any downtime requested by SAP or Customer and mutually agreed by the parties. 1.2. “Business Day” means any day from Monday to Friday with the exception of the public holidays observed at Customer’s address identified in the Order Form. 1.3. “Computing Environment” means the data center facilities, servers, networking equipment, operating systems, and data storage mechanisms selected and used by SAP to provide the SAP BW Capacity Service(s) for the Customer and includes the productive Computing Environment (“PRD”), and any other Computing Environment used for non-productive purposes (“NON-PRD”), as agreed in the Order Form. 1.4. “Credit” means 2% of the Monthly Capacity Unit Value consumed for the affected SAP BW Capacity Service(s) for each 1% below the SA SLA, not to exceed 100% of the Capacity Unit Value consumed by the Customer for the relevant Month for the affected SAP BW Capacity Service(s), but subject to section 5 of this Service Level Agreement. 1.5. “Downtime” means the Total Minutes in the Month during which the SAP BW Capacity Service does not respond to a request from SAP’s Point of Demarcation for the data center providing the Capacity Service, excluding Excluded Downtime. 1.6. “Emergency Downtime” means downtime during emergency patch deployment and emergency operating system upgrades as described in the Attachment C. 1.7. “Excluded Downtime” means the Total Minutes in the Month attributable to: Scheduled Downtime; or Agreed Downtime; or Emergency Downtime; or downtime caused by factors outside of SAP’s reasonable control such as unpredictable and unforeseeable events that could not have been avoided even if reasonable care had been exercised (see examples in Section 2); or downtime of a NON-PRD system caused by using the NON- PRD for failover/to repair to a PRD system. 1.8. “Incident” means unplanned interruptions or material reduction in service quality to the Computing Environment that is reported by Authorized Users. 1.9. “Incident Reaction Time” means the amount of time (e.g. in hours or minutes) between when the SAP Support Level 1 organization is notified of the Customer-reported Incident and the first action is taken by an SAP support person, familiar with the Customer’s environment, to repair the Incident. 1.10. “Local Time” means the time zone in Customer’s address identified in the Order Form. 1.11. “Month” means a calendar month. 1.12. “Scheduled Downtime” means downtime scheduled at a mutually agreed time as described in the Attachment C. 1.13. “System” means one or more interrelated and interdependent components such as databases, servers, networks, load balancers, web dispatchers, tenants, etc. which when taken as a whole are used to operate a tier. Each combination of components used within each tier is equivalent to one System. System Availability Percentage is measured at the tier level. 1.14. “System Availability Percentage” for each System is calculated and defined as follows: =(Total Minutes in the Month− Downtime Total Minutes in the Month )∗100 SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 27 of 31 1.15. “System Availability Service Level” or “SA SLA” means the applicable System Availability Percentage specified below during each Month for the Computing Environment (and Server for Server Provisioning, if applicable) after System handover to the Customer: a) 99.7% System Availability Percentage for productive environments (PRD) unless a higher System Availability Percentage is identified in the Order Form; b) 95.0% System Availability Percentage for non-productive environments (NON-PRD) unless a higher System Availability Percentage is identified in the Order Form. 1.16. “Total Minutes in the Month” are measured 24 hours at 7 days a week during a Month. 2. SYSTEM AVAILABILITY 2.1. The SA SLA shall not apply to Customer-provided software unless otherwise expressly set forth in the Order Form. 2.2. Excluded Downtime includes downtime caused by factors outside of SAP’s reasonable control include, but is not limited to the following: 2.3. Customer’s failure to meet Customer’s responsibilities as set forth in the Agreement. 2.4. Downtime caused by Customer. 2.5. Interruptions as a result of requirements stipulated by a third-party manufacturer of the Customer-provided software. 2.6. Interruptions or shutdowns of the Computing Environment, or portions thereof resulting from the quality of the Customer-provided software and/or Customer’s customizations or modifications of the Customer-provided software or Computing Environment (or Servers for Server Provisioning), unless this is the responsibility of SAP under this Agreement. 2.7. Restore times of user data (recovery of database data from a media backup) where SAP was not the root cause for the required restoration. 3. BACKUP AND COMPUTING ENVIRONMENT INCIDENT REACTION TIME Description Computing Environment Service Levels Backup Frequency and retention period for Databases PRD Daily full backup and log file backup per SAP product standard. 30 days retention time. Backup of the PRD will be replicated to an alternate data center or location. NON-PRD Weekly full backup and log file backup per SAP product standard. 14 days retention time. Backup of the NON-PRD will be replicated to an alternate data center or location. Long Term Backup* PRD and/or NON-PRD Monthly full back up – 1 year retention time Quarterly full back up – 1 year retention time Yearly full back up – up to 5 years retention time Backup Frequency and retention period for File systems PRD Monthly full backup and daily incremental. Two Months retention time. Backup of the PRD will be replicated to an alternate data center or location. NON-PRD Monthly full backup and daily incremental. Two Months retention time. Backup of the NON-PRD will be replicated to an alternate data center or location. SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 28 of 31 Description Computing Environment Service Levels Incident Reaction Time for Incident Management Incident Priority Very High 20 minutes (7x24) and (i) resolution or (ii) workaround or (iii) action plan within 4hrs for PRD Incident Priority High 2 hours (7x24) for PRD 4 hours [Local Time on Business Days] for NON-PRD Incident Priority Medium 4 hours [Local Time on Business Days] for PRD and NON- PRD Incident Priority Low 1 Business Day for PRD and NON-PRD *Applies if this optional service is purchased in an Order Form. The retention periods for Long Term Backup will end at the earlier of the retention time set forth herein or the end of Customer’s Cloud Service subscription term. 3.1. Incident Priorities. The following priority levels apply to all Incidents (such priority to be assigned by Customer, and which may be re-assigned by SAP based on the criteria below and acting reasonably): 3.1.1. Very High: An Incident should be categorized with the priority "Very High" if the incident reported has very serious consequences for normal business processes or IT processes related to core business processes, and urgent work cannot be performed. This is generally caused by the following circumstances: 3.1.1.1. A PRD system is completely down. 3.1.1.2. The imminent go-live or upgrade is jeopardized. 3.1.1.3. The core business processes of Customer are seriously affected. 3.1.1.4. A workaround is not available. 3.1.1.5. The Incident requires immediate processing because the malfunction may cause serious losses. 3.1.2. High: An Incident should be categorized with the priority "High" if normal business processes are seriously affected. Necessary tasks cannot be performed. This is caused by incorrect or inoperable functions in the Computing Environment that are required immediately. The Incident is to be processed as quickly as possible because a continuing malfunction can seriously disrupt the entire productive business flow. 3.1.3. Medium: An Incident should be categorized with the priority "Medium" if normal business processes are affected. The problem is caused by incorrect or inoperable functions in the Computing Environment. A message should be categorized with the priority "Medium" if normal business transactions are affected. 3.1.4. Low: An Incident should be categorized with the priority "Low" if the problem has little or no effect on normal business processes. The problem is caused by incorrect or inoperable functions in the Computing Environment that are not required daily or are rarely used. 3.2. This section does not apply to Server Provisioning. 3.3. This section shall only apply to Incidents associated with any additional services that Customer orders through a service request for SAP tasks and services applicable to the Computing Environment as identified in documents pertaining to those additional services . 4. SERVICE LEVEL REPORTING 4.1. SAP shall track and report to Customer the Service Levels set forth herein in a monthly summary report. 4.2. In the event that one or more of the Service Levels set forth herein are not met, Customer may notify the assigned SAP account manager and request to analyze the Service Level metric statistics based on the monthly summary report provided by SAP. 4.3. SAP will then promptly: SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 29 of 31 4.3.1. determine the root cause or possible root cause of the failure (if known) to meet the Service Level; and 4.3.2. unless failure is excused, develop a corrective action plan, and submit such plan to Customer for written approval (which will not be unreasonably withheld or delayed) and, following Customer’s written approval implement the plan in a reasonable period of time (and in accordance with any agreed timescales). 4.4. If applicable, SAP will provide the specific Credit as described in Section 5 below. 4.5. SAP will be relieved of its obligation to pay any applicable Credits and will not be in breach of the Service Level where the root cause analysis (as reasonably performed by SAP) indicates the failure to meet the relevant Service Level was caused by Customer and shall therefore be treated as Excluded Downtime. In the event that Customer disagrees with the root cause analysis, the parties will discuss the root cause analysis. 5. SERVICE LEVEL FAILURES 5.1. Credits 5.1.1. If SAP fails to meet the applicable SA SLA, Customer is entitled to claim a Credit , which is calculated as the sum of the Credits for NON-PRD, PRD and Server Provisioning (as applicable), for SAP’s failure to meet the respective SA SLA for the affected Capacity Services. Claims for a Credit must be made in good faith through a documented submission of a support case within 30 Business Days after receipt of the monthly SA SLA report. 5.1.2. When Customer’s entitlement of the Credit is confirmed by SAP in writing (email permitted), SAP will apply such Credit to a future invoice relating to the Cloud Service or provide a refund if no future invoice is due under the Agreement. 5.1.3. Customer acknowledges that the Credits are the sole and exclusive remedy for SAP’s failure to meet the specified Service Level, except to the extent prohibited by applicable law. 5.1.4. Customers who have not subscribed to the Capacity Service directly from SAP must claim the Credit from their applicable SAP partner. 5.2. Termination. In the event SAP fails to meet the SA SLA for PRD Computing Environments for (i) 3 consecutive Months, or (ii) 5 or more Months during any 12-month period, Customer may terminate its subscription to the affected Cloud Service by providing SAP with written notice within 30 days of Customer’s receipt of the respective summary monthly report. Termination shall become effective 1 Month after SAP’s receipt of such notice (or any later date set out by Customer in its notice). For the avoidance of dou bt, this termination right shall supersede any and all other termination provision in the GTC for failure to meet an SA SLA, and such termination right from the GTC shall not apply. 6. SERVICE REQUESTS 6.1. Customers may request specific tasks related to the Computing Environment via the SAP Service Request Platform (“Service Request”). To the extent Service Requests are distinct from an Incident, SAP will address Service Requests during the following hours of operations: PRD 24x7 subject to Excluded Downtime NON-PRD 24x5 (Business Days) subject to Excluded Downtime 6.2. The services are provided in English only. SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 30 of 31 ATTACHMENT C to SAP Business Data Cloud Supplemental Terms and Conditions Maintenance and Additional Support Services for SAP BW Capacity Services This Attachment C Maintenance and Additional Support Services for SAP BW Capacity Services applies solely to the SAP BW Capacity Services. 1. ADDITIONAL SUPPORT SERVICES 1.1. Additional support services are provided beyond those in the Support Schedule for Cloud Services. The additional support services apply to the SAP BW Capacity Services excluding any software to which special support agreements apply exclusively (“Enterprise Support Solutions”). 1.1.1. Continuous Improvement and Innovation a) SAP may make available ABAP source code for SAP software applications included in Enterprise Support Solutions (excluding third-party software) and additionally released and supported function modules. b) Software change management including changed configuration settings or Enterprise Support Solutions software upgrades, is supported, with content, tools, and additional information. 1.1.2. Global Support Backbone a) SAP Notes on SAP’s Customer Support Website document software malfunctions and contain information on how to remedy, avoid and bypass errors. SAP Notes may contain coding corrections. SAP Notes also document related issues, customer questions, and recommen ded solutions (e.g. customizing settings). b) SAP Note Assistant, a tool to install specific corrections and improvements to SAP components, is included. 1.1.3. Mission Critical Support. For Customer custom code built with the SAP development workbench, SAP provides mission-critical support root-cause analysis (Root Cause Analysis for Custom Code), according to the Global Incident Handling process and response levels for priority “very high” and priority “high” cases as set forth in the Support Schedule for Cloud Services. If the Customer custom code is documented according to SAP’s then-current standards available at http://support.sap.com/supportstandards, SAP may provide guidance to assist Customer in issue resolution. 2. MAINTENANCE 2.1. This section describes maintenance activities (“Maintenance”) that include but are not limited to, operating system security patch levels, database and application patches, infrastructure maintenance and other activities. 2.2. Maintenance will be scheduled by SAP in collaboration with Customer and will occur once a month during a 4 - hour window on a weekday and for productive environments on a weekend (“Scheduled Downtime”). SAP will provide Customer at least 7 business days’ advance notice before any Scheduled Downtime. If Customer objects to such Scheduled Downtime within 5 business days of SAP’s notice, SAP and Customer will mutually agree on another reasonable date, time, and duration for Maintenance based on applicable requirements and available resources. If SAP and Customer do not agree on a Scheduled Downtime within 7 business days from the date of SAP’s notice, SAP shall perform Maintenance based on the originally Scheduled Downtime. 2.3. If Customer fails to cooperate with the scheduling and/or performance of Maintenance, recommended by SAP, or in a timely manner, Customer shall be solely responsible for any resulting issues in SAP BW Capacity Services, including unexpected downtime. 2.4. Notwithstanding the foregoing, SAP reserves the right to perform Emergency Maintenance (as defined herein) activities at any time without Customer’s prior consent. SAP will use reasonable efforts to provide Customer with at least 48 hours’ advance notice for Emergency Maintenance. In case of SAP BW Capacity Service SAP Business Data Cloud Supplement enGLOBAL.v.6-2025 Page 31 of 31 downtime during such Emergency Maintenance, such downtime will be considered “Excluded Downtime” as defined in the SLA for SAP BW Capacity Services (Attachment B). “Emergency Maintenance” is Maintenance that is reasonably necessary to prevent or mitigate circumstances that may otherwise pose a significant impact to the SAP BW Capacity Services, other Capacity Services or to the Cloud Service. 2.5. Customer must request and coordinate with SAP application of security patches with priorities “critical,” “high,” “medium,” or “low” via a service request ticket. Such patches will be applied during Scheduled Downtime or other Agreed Downtime, as defined in the Attachment B. SAP AI Units Supplement enGLOBAL.v.5-2025 Page 1 of 1 SAP AI Units Supplemental Terms and Conditions This Supplement is part of an Agreement between SAP and Customer and applies to SAP AI Units. 1. USAGE METRICS 1.1. The Usage Metric for SAP AI Units is Capacity Unit. 1.2. As defined in the Order Form, a Capacity Unit refers to the number of units available for a given Availability Period and includes a ratio of services consumed via the Cloud Service, calculated using the applicable Per - Unit Factor as set forth in the AI Features Guide. 1.2.1. The Capacity Unit consumption for each Eligible AI Service, as specified in the AI Features Guide, is measured using one of the three methods below: 1.2.2. A “Record” is an individual data object of supported file types ingested by the Cloud Service and/or available for retrieval. 1.2.3. A “Request” is a response or action that uses AI to retrieve information or perform tasks. The number of requests consumed is a measure of the time and effort per use of the AI feature. 1.2.4. A “User” is an individual authorized to use the AI feature. 2. ADDITIONAL TERMS Use of SAP AI Units is subject to the SAP AI Terms, which are hereby incorporated into the Agreement and accessible at https://www.sap.com/about/trust-center/agreements.html. WalkMe Supplement enGLOBAL.v.4-2025 Page 1 of 3 WalkMe Cloud Services Supplemental Terms and Conditions This Supplement is part of an Agreement between SAP and Customer and applies solely to the WalkMe Cloud Services listed below (each individually a “WalkMe Cloud Service”). Each WalkMe Cloud Service is a Cloud Service under the GTC. WalkMe Cloud Services listed under numbers 1 to 12 may also be collectively referred to as WalkMe Premium Cloud Services. 1. WalkMe Premium for finance 2. WalkMe Premium for supply chain 3. WalkMe Premium for SAP Business Network solutions 4. WalkMe Premium for SAP BTP solutions 5. WalkMe Premium for SAP Business Data Cloud 6. WalkMe Premium for SAP CX solutions 7. WalkMe Premium for SAP S/4HANA Cloud Public Edition 8. WalkMe Premium for SAP S/4HANA Cloud Private Edition 9. WalkMe Premium for SAP Signavio solutions 10. WalkMe Premium for SAP LeanIX solutions 11. WalkMe Premium for SAP SuccessFactors HCM 12. WalkMe Premium for SAP Ariba solutions 13. WalkMe Digital Adoption Platform 14. WalkMe Discovery 1. USAGE METRIC 1.1. The Usage Metric for the WalkMe Cloud Services is Active User. “Active User” is any individual who accesses the Cloud Service. Such individual must also qualify as an Authorized User as defined in the GTC. For avoidance of doubt, any individual who views, consumes, is presented with, or otherwise accesses and engages with: (a) SAP Materials provided as part of the WalkMe Cloud Service; and/or (b) the Content (as defined below) shall be deemed an Active User. “Content” means content created by or for Customer and published using WalkMe Cloud Services. 1.2. Except for the WalkMe Cloud Services specified in sections 1.3 and 1.4, Customer shall subscribe to a minimum block of 100 Active Users. WalkMe Supplement enGLOBAL.v.4-2025 Page 2 of 3 1.3. Customer shall subscribe to a minimum block of 500 Active Users for the WalkMe Digital Adoption Platform Cloud Service. 1.4. There is no minimum block subscription requirement for the WalkMe Premium for SAP SuccessFactors HCM, WalkMe Premium for SAP Ariba solutions, or WalkMe Discovery Cloud Services. 1.5. Customer shall implement unique user identification (“UUID”) for Active Users as specified in the Documentation. Failure to implement UUIDs will result in SAP performing a usage calculation based on per- session cookies to calculate the number of Active Users, potentially leading to higher fees and reduced data quality. Customer acknowledges the imprecision and potential adverse effects of cookie -based tracking. 1.6. For the purposes of evaluating Customer’s excess use of a WalkMe Cloud Service, SAP will count all Active Users in the previous 6 (six) full calendar months with the data updated on the first of each month. Any use that exceeds the contractually agreed Usage Metric volume will be considered. 2. ADDITIONAL TERMS 2.1. WalkMe Premium Cloud Services. 2.1.1 Customer acknowledges and agrees that a) a valid subscription to the corresponding SAP Cloud Service(s) is a prerequisite for the use of the respective WalkMe Premium Cloud Service and b) the details of the corresponding SAP Cloud Service(s) are specified in the name of the WalkMe Premium Cloud Service in question and the Documentation. The WalkMe Premium Cloud Service(s) shall be added to the existing Agreement via an amendment. The term of the WalkMe Premium Cloud Service(s) shall be co-terminus with the corresponding SAP Cloud Service subscription, unless otherwise specified in the amendment. 2.1.2 Customer is authorized to use such WalkMe Premium Cloud Service, SAP Materials, Documentation, and Content only in connection with the corresponding SAP Cloud Service. 2.2. WalkMe Digital Adoption Platform and WalkMe Discovery Cloud Service. 2.2.1 If Customer wishes to access and use WalkMe Digital Adoption Platform Cloud Service and/or WalkMe Discovery Cloud Service in connection with any SAP Cloud Service, then Customer must maintain valid subscriptions to such SAP Cloud Service(s). These SAP Cloud Service subscriptions are not included and must be licensed separately. 2.2.2 Customer may access and use WalkMe Digital Adoption Platform Cloud Service and WalkMe Discovery Cloud Service in connection with a) SAP Cloud Services and b) Permitted Target Applications. "Permitted Target Applications" include any supported software applications that are Customer-developed or third-party applications to which Customer has valid licenses or subscriptions. It is Customer’s sole responsibility to verify that access and use of these Cloud Services on Permitted Target Applications is technically feasible and legally permissible. 2.2.3 Third-party Terms for Permitted Target Applications. For Permitted Target Applications that are subject to third-party license or subscription terms, Customer acknowledges and agrees to comply with all terms and conditions, including but not limited to, any applicable license agreements, terms of service, or other contractual obligations. Customer is solely responsible for compliance with such third-party terms. SAP is not responsible, without limitation, for any infringement of any third-party rights or terms resulting from Customer’s use of the WalkMe Digital Adoption Platform Cloud Service and WalkMe Discovery Cloud Service with Permitted Target Applications. 2.3. AI Technology. AI Technology provided with the WalkMe Cloud Services is subject to the SAP AI Terms accessible at https://www.sap.com/about/trust-center/agreements.html. 2.4. Personal Data Processing. Customer will not use the analytics capabilities of any WalkMe Cloud Service for any prohibited employee monitoring, other electronic surveillance technique or any violation of anti-wiretap or similar laws and regulations. Customer will reimburse SAP for any damages suffered resulting from Customer’s noncompliance with the usage restrictions mentioned in the preceding sentence. 2.5. Use of Content. Customer may only use the Content in connection with its subscription to the WalkMe Cloud Services. For the avoidance of doubt, the Content may not be distributed or otherwise shared with third partie s other than Active Users for use in connection with the Customer and its Affiliates’ internal business operations. WalkMe Supplement enGLOBAL.v.4-2025 Page 3 of 3 SAP, SAP SE, their Affiliates or licensors own and shall retain all rights, including ownership and IP Rights to the default Content designs and "look and feel" thereof. Support Schedule for Cloud Services enGLOBAL.v.10-2022 Page 1 of 5 SUPPORT SCHEDULE FOR CLOUD SERVICES This Support Schedule is part of the Agreement for Cloud Services between SAP and Customer. 1. DEFINITIONS 1.1. "Go-Live" marks the point in time from when, after set-up of the Cloud Services for Customer, the Cloud Services can be used by Customer for processing real data in live operation mode and for running Customer's internal business operations in accordance with its agreement for such Cloud Services. 1.2. "Local Business Hours" means 8 a.m. (08:00) to 6 p.m. (18:00) Monday to Friday excluding local holidays, in accordance with local time zone applicable to the Customer's address. 1.3. "SAP's Customer Support Website" means SAP's customer facing support website (see: https://support.sap.com unless a different support website is listed in the Agreement or https://support.sap.com/contactus). In selected Cloud Services, support can also be accessed via the application itself. 2. SCOPE OF SUPPORT AND SUCCESS OFFERINGS 2.1. General 2.1.1. SAP offers the following: a) SAP Enterprise Support, cloud editions: Foundational engagement support as part of the Cloud Service with focus on customer interaction and case resolution. b) SAP Preferred Success: An add-on to SAP Enterprise Support, cloud editions that includes strategic guidance, solution-specific best practices and success programs to help drive consumption and value realization. c) SAP Enterprise Support, cloud editions is included in the subscription fees for the Cloud Services stated in the Order Form unless alternative support terms are agreed. SAP Preferred Success may be purchased for eligible Cloud Services for an additional fee, as an add-on to SAP Enterprise Support, cloud editions. SAP Preferred Success is not available, and not provided, for any third-party cloud services purchased through SAP. 2.1.2. Beginning on the effective date of Customer's agreement for Cloud Services, Customer may contact SAP's support organization as the primary point of contact for support services. 2.1.3. Customer Interaction Center languages: SAP provides initial telephone contact for Customer Contacts through the SAP one support phone number "CALL-1-SAP" (see CALL-1-SAP page: https://support.sap.com/contactus) or via other solution specific hotlines in the following languages: English (24x7) and, depending on local office hours and availability, in German, French, Italian, Spanish, Polish, Russian (during European office hours); Japanese, Chinese, Korean, Bahasa (during Asia/Pacific office hours); Portuguese and Spanish (during Latin America office hours). Issues which lead to a support case which is processed by specialized technical or third party support engineers worldwide are handled in English only. 2.2. Mission Critical Support Feature editions 24x7 mission critical upport for P1 and P2 s (English only) case handling by SAP for issues Corrective Action Section 3 below). prioritized case handling and Corrective Targets (as set forth in Section 3 -mission critical upport for P3 and P4 es (English only) (as set nhanced Initial 3 below). Support Schedule for Cloud Services enGLOBAL.v.10-2022 Page 2 of 5 Feature 24x7 Customer interaction that customers may contact channels described in Section . Enterprise . support backbone 's knowledge database and extranet -to-end supportability cases that occur in integrated SAP Cloud both SAP Cloud Services and SAP support 2.3. Learning and Empowerment Feature itions Remote SAP support content and services (e.g., -the-Expert sessions) in various formats -paced -style SAP's SAP section. demo systems, live sessions instructors, examinations and ertifications specific to the Cloud Service Customer Contacts. -style interactive remote delivery 's discretion. update nformation -service through web and community. 2.4. Collaboration Feature SAP support advisory ervices with -related requests and advise on the . -Mission Critical Support Support Schedule for Cloud Services enGLOBAL.v.10-2022 Page 3 of 5 Feature Support via web and platform for social business collaboration media-based empowerment documenting the ture , specific to the partner ical guidance and is at SAP's discretion. best -person delivery, uccess plan outlines steps towards 2.5. Innovation and Value Realization Feature rt, cloud editions Proactive checks upport services . Such are delivered remotely upon ustomer request. -led checks, providing best ractices or recommended ). roadmaps -service through web. . -service or request through web for 2 . Support Schedule for Cloud Services enGLOBAL.v.10-2022 Page 4 of 5 2.6. Application Lifecycle Management Feature Application lifecycle management ("ALM") oftware or online services for application Feature scope and availability details forth on SAP's Customer Support (see: https://support.sap.com/en/alm (see: -rights). livered as part of SAP Enterprise . 3. CUSTOMER RESPONSE LEVELS 3.1. SAP responds to submitted support cases as described in the table below. Priority P1 case should be categorized with the priority very high" if the problem has very serious a) a down; b) the imminent system Go- cannot be completed; c) t processes are seriously affected case requires immediate processing because : Within 1 hour of case submission. : Unless otherwise Target: SAP to provide for cases a resolution; or workaround; or action plan 4 hours. High  case should be categorized with the priority high" if normal business processes are seriously inoperable functions case is to be processed as quickly as : Within 4 hours of case submission 2 hours of case submission for SAP customers. : Unless otherwise 6 hours. Target: SAP to provide for cases resolution; or workaround; or action plan 3 business days for SAP Preferred Success case should be categorized with the priority medium" if normal business processes are : Within 1 business day of case 4 business hours of case SAP Preferred Success : Unless otherwise Support Schedule for Cloud Services enGLOBAL.v.10-2022 Page 5 of 5 Priority for non-defect Issues and 10 business days for product defect issues. -defect issue is a reported support case that ve a defect in the applicable Cloud , case should be categorized with the priority low" if the problem has little or no effect on processes. The problem is : Within 2 business days of case thin 1 business day of : Unless otherwise ry week. 3.2. The following types of cases are excluded from customer response levels as described above: a) cases regarding a release, version or functionalities of Cloud Services developed specially for Customer (including those developed by SAP Custom Development or by SAP subsidiaries or individual content services); b) the root cause behind the case is not a malfunction but missing functionality (development request); c) the case is a consulting or how-to request. 4. CUSTOMER RESPONSIBILITIES 4.1. Customer Contact 4.1.1. Customer shall designate at least 2 and up to 5 qualified English-speaking contact persons per Cloud Service (each a "Customer Contact"). Customer Contacts include designated support contact, authorized support contact, key user, application administrator or system administrators whose roles within specific Cloud Services are authorized to contact or access the Customer Interaction Center, SAP Support Advisory Services and Mission Critical Support services. 4.1.2. The Customer Contact is responsible for managing all business-related tasks of the Cloud Service related to Customer's business, such as: a) support end users and manage their cases. This includes searching for known solutions in available documentation and liaising with SAP in the event of new problems; b) manage background jobs and the distribution of business tasks across users (if available); c) manage and monitor connections to Customer's third-party systems (if available); d) support the adoption of the Cloud Service. 4.2. Contact Details Customer will provide contact details (in particular, e-mail address and telephone number) by which the Customer Contact or the authorized representative of the Customer Contact can be contacted at any time. Customer will update its Customer Contacts for a Cloud Service through SAP's Customer Support Website. Only authorized Customer Contacts may contact SAP's support organization. 4.3. Cooperation Customer Contact shall reasonably cooperate with SAP to resolve support cases,and will have adequate technical expertise and knowledge of its configuration of the Cloud Services to provide relevant information to enable SAP to reproduce, troubleshoot and resolve the experienced error. Service Level Agreement for SAP Cloud Services enGLOBAL.v.8-2023 Page 1 of 1 SERVICE LEVEL AGREEMENT FOR CLOUD SERVICES 1. DEFINITIONS 1.1. “Credit” means 2% of the Monthly Subscription Fees for the affected subscription-based Cloud Service or the monthly Cloud Credits (as defined in the Order Form) consumed for the affected consumption-based Cloud Service, for each 1% below the System Availability SLA, not to exceed 100% of the fees paid or Cloud Credit consumed by the Customer for the relevant Month for the affected Cloud Service. 1.2. “Downtime” means the Total Minutes in the Month during which the production version of the Cloud Service is not available, except for Excluded Downtimes. 1.3. “Excluded Downtime” means the Total Minutes in the Month attributable to a Maintenance Window; or any Major Upgrade Window for which the Customer has been notified at least 5 business days in advance; or unavailability caused by factors outside of SAP’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable care had been exercised. 1.4. “Maintenance Window” means the weekly maintenance windows for the Cloud Service identified on https://support.sap.com/maintenance-windows. SAP may update the Maintenance Window from time to time in accordance with the Agreement. 1.5. “Major Upgrade Window” means the extended upgrade maintenance windows for the Cloud Service identified on https://support.sap.com/maintenance-windows. SAP may update the Major Upgrade Window from time to time in accordance with the Agreement. 1.6. “Month” means a calendar month. 1.7. “Monthly Subscription Fees” means the monthly (or 1/12 of the annual fee) subscription fees paid for the applicable Cloud Service which did not meet the System Availability SLA. 1.8. “System Availability Percentage” is calculated and defined as follows: � Total Minutes in the Month−Excluded Downtime − Downtime Total Minutes in the Month−Excluded Downtime �∗100 1.9. “System Availability SLA” means a 99.7% System Availability Percentage during each Month for the production version of the Cloud Service. 1.10. “Total Minutes in the Month” are measured 24 hours at 7 days per week during a Month. 1.11. “UTC” means Coordinated Universal Time standard is the start time for the applicable Maintenance Window and Major Upgrade Window. 2. SYSTEM AVAILABILITY SLA AND CREDITS 2.1. Credit If SAP fails to meet the System Availability SLA for a particular Month, Customer may claim a Credit, which Customer may apply to a future invoice for the Cloud Service that did not meet the System Availability SLA (subject to Sections 2.1.1 and 2.1.2 below). 2.1.1. Claims for a Credit must be made in good faith and through a documented submission of a support case within 30 business days after the end of the relevant Month in which SAP did not meet the System Availability SLA for the Cloud Service. 2.1.2. Customers who have not subscribed to the Cloud Service directly from SAP must claim the Credit from their applicable SAP partner. 2.2. System Availability Report SAP will provide Customer with a monthly report describing the System Availability Percentage for the Cloud Service either by email following a request to Customer’s assigned SAP account manager; through the Cloud Service; or through an online portal made available to Customer, if and when such online portal is available. 3. CHANGES TO WINDOWS 3.1. SAP shall provide Customer 1 month’s advance notice before changing its Maintenance and Major Upgrade Windows (unless such change is a reduction in the duration of the applicable Maintenance or Major Upgrade Windows). If Customer wishes to be notified of changes to Maintenance Windows and Major Upgrade Windows via email, it must subscribe to receive notifications at https://support.sap.com/maintenance-windows. Data Processing Agreement for Cloud Services enGLOBAL.v.8-2021 (GSA Indirect 9-18-23) Page 1 of 9 DATA PROCESSING AGREEMENT FOR CLOUD SERVICES 1. DEFINITIONS 1.1. “Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data; for the purposes of this DPA, where Customer acts as processor for another controller, it shall in relation to SAP be deemed as additional and independent Controller with the respective controller rights and obligations under t his DPA. 1.2. “Data Protection Law” means the applicable legislation protecting the fundamental rights and freedoms of persons and their right to privacy with regard to the processing of Personal Data under the Agreement. 1.3. “Data Subject” means an identified or identifiable natural person as defined by Data Protection Law. 1.4. “EEA” means the European Economic Area, namely the European Union Member States along with Iceland, Liechtenstein and Norway. 1.5. “GDPR” means the General Data Protection Regulation 2016/679. 1.6. “My Trust Center” means information available on the SAP support portal (see: https://support.sap.com/en/my-support/trust-center.html) or the SAP agreements website (see: https://www.sap.com/about/trust-center/agreements.html) or any subsequent website(s) made available by SAP to Customer. 1.7. “New SCC Relevant Transfer” means a transfer (or an onward transfer) to a Third Country of Personal Data that is either subject to GDPR or to applicable Data Protection Law and where any required adequacy means under GDPR or applicable Data Protection Law can be met by entering into the New Standard Contractual Clauses. 1.8. “New Standard Contractual Clauses” means the unchanged standard contractual clauses, published by the European Commission, reference 2021/914 or any subsequent final version thereof which shall automatically apply. To avoid doubt Modules 2 and 3 shall apply as set out in Section 8. 1.9. “Personal Data” means any information relating to a Data Subject which is protected under Data Protection Law. For the purposes of the DPA, it includes only personal data which is: a) entered by Customer or its Authorized Users into or derived from their use of the Cloud Service; or b) supplied to or accessed by SAP or its Subprocessors in order to provide support under the Agreement. Personal Data is a sub-set of Customer Data (as defined under the Agreement). 1.10. “Personal Data Breach” means a confirmed: a) accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or unauthorized third -party access to Personal Data; or b) similar incident involving Personal Data, in each case for which a Controller is required under Data Protection Law to provide notice to competent data protection authorities or Data Subjects. 1.11. “Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller, be it directly as processor of a contro ller or indirectly as subprocessor of a processor which processes personal data on behalf of the controller. 1.12. “Schedule” means the numbered Appendix with respect to the Standard Contractual Clauses (2010) and the numbered Annex with respect to the New Standard Contractual Clauses. 1.13. “Standard Contractual Clauses (2010)” means the Standard Contractual Clauses (processors) published by the European Commission, reference 2010/87/EU. 1.14. “Subprocessor” or “sub-processor” means SAP Affiliates, SAP SE, SAP SE Affiliates and third parties engaged by SAP, SAP SE or SAP SE’s Affiliates in connection with the Cloud Service and which process Personal Data in accordance with this DPA. Data Processing Agreement for Cloud Services enGLOBAL.v.8-2021 (GSA Indirect 9-18-23) Page 2 of 9 1.15. “Technical and Organizational Measures” means the technical and organizational measures for the relevant Cloud Service published on My Trust Center (see: https://www.sap.com/about/trust- center/agreements/cloud/cloud-services.html?search=Technical%20Organizational%20Measures ). 1.16. “Third Country” means any country, organization or territory not acknowledged by the European Union under Article 45 of GDPR as a safe country with an adequate level of data protection. 2. BACKGROUND 2.1. Purpose and Application 2.1.1. This document (“DPA”) is incorporated into the Agreement and forms part of a written (including in electronic form) contract between SAP and Customer. 2.1.2. This DPA applies to Personal Data processed by SAP and its Subprocessors in connection with its provision of the Cloud Service. 2.1.3. This DPA does not apply to non-production environments of the Cloud Service if such environments are made available by SAP. Customer shall not store Personal Data in such environments. 2.2. Structure Schedules 1 and 2 are incorporated into and form part of this DPA. They set out the agreed subject-matter, the nature and purpose of the processing, the type of Personal Data, categories of data subjects (Schedule 1) and the applicable Technical and Organizational Measures (Schedule 2). 2.3. Governance 2.3.1. SAP acts as a Processor and Customer and those entities that it permits to use the Cloud Service act as Controllers under the DPA. 2.3.2. Customer acts as a single point of contact and shall obtain any relevant authorizations, consents and permissions for the processing of Personal Data in accordance with this DPA, including, where applicable approval by Controllers to use SAP as a Processor. Where authorizations, consent, instructions or permissions are provided by Customer these are provided not only on behalf of the Customer but also on behalf of any other Controller using the Cloud Service. Where SAP informs or gives notice to Customer, such information or notice is deemed received by those Controllers permitted by Customer to use the Cloud Service. Customer shall forward such information and notices to the relevant Controllers. 2.4. For the avoidance of doubt, nothing in this DPA (including without limitation, Section 1.2 “Data Protection Law”, 1.4 “EEA”, 1.5 “GDPR”, 1.7 “New SCC relevant Transfer”, 1.8 “New Standard Contractual Clauses”, 1.13 “Standard Contractual Clauses (2010)” and Section 1.16 “Third Country” and Section 8, “International Processing” shall be construed as imposing GDPR compliance obligations on Customer in situations w here Customer’s use of the SAP Cloud Services would not otherwise subject Customer to GDPR requirements as a Controller. 3. SECURITY OF PROCESSING 3.1. Applicability of the Technical and Organizational Measures SAP has implemented and will apply the Technical and Organizational Measures. Customer has reviewed such measures and agrees that as to the Cloud Service selected by Customer in the Order Form the measures are appropriate taking into account the state of the art, the costs of implementation, nature, scope, context and purposes of the processing of Personal Data. 3.2. Changes 3.2.1. SAP applies the Technical and Organizational Measures to SAP’s entire customer base hosted out of the same data center or receiving the same Cloud Service. SAP may change the Technical and Organizational Measures at any time without notice so long as it maintains a comparable or better level of security. Individual measures may be replaced by new measures that serve the same purpose without diminishing the security level protecting Personal Data. Data Processing Agreement for Cloud Services enGLOBAL.v.8-2021 (GSA Indirect 9-18-23) Page 3 of 9 3.2.2. SAP will publish updated versions of the Technical and Organizational Measures on My Trust Center and where available Customer may subscribe to receive e-mail notification of such updated versions. 4. SAP OBLIGATIONS 4.1. Instructions from Customer SAP will process Personal Data only in accordance with documented instructions from Customer . The Agreement (including this DPA) constitutes such documented initial instructions and each use of the Cloud Service then constitutes further instructions. SAP will use reasonable efforts to follow any other Customer instructions, as long as they are required by Data Protection Law, technically feasible and do not require changes to the Cloud Service. If any of the before-mentioned exceptions apply, or SAP otherwise cannot comply with an instruction or is of the opinion that an instruction infrin ges Data Protection Law, SAP will immediately notify Customer (email permitted). 4.2. Processing on Legal Requirement SAP may also process Personal Data where required to do so by applicable law. In such a case, SAP shall inform Customer of that legal requirement before processing unless that law prohibits such information on important grounds of public interest. 4.3. Personnel To process Personal Data, SAP and its Subprocessors shall only grant access to authorized personnel who have committed themselves to confidentiality. SAP and its Subprocessors will regularly train personnel having access to Personal Data in applicable data security and data privacy measures. 4.4. Cooperation 4.4.1. At Customer’s request, SAP will reasonably cooperate with Customer and Controllers in dealing with requests from Data Subjects or regulatory authorities regarding SAP’s processing of Personal Data or any Persona l Data Breach. 4.4.2. If SAP receives a request from a Data Subject in relation to the Personal Data processing hereunder, SAP will promptly notify Customer (where the Data Subject has provided information to identify the Customer) via e-mail and shall not respond to such request itself but instead ask the Data Subject to redirect its request to Customer. 4.4.3. In the event of a dispute with a Data Subject as it relates to SAP’s processing of Personal Data under this DPA, the Parties shall keep each other informed and, where appropriate, reasonably co-operate with the aim of resolving the dispute amicably with the Data Subject. 4.4.4. SAP shall provide functionality for production systems that supports Customer's ability to correct, delete or anonymize Personal Data from a Cloud Service, or restrict its processing in line with Data Protection Law. Where such functionality is not provided, SAP will correct, delete or anonymize any Personal Data, or restrict its processing, in accordance with the Customer's instruction and Data Protection Law. 4.5. Personal Data Breach Notification SAP will notify Customer without undue delay after becoming aware of any Personal Data Breach and provide reasonable information in its possession to assist Customer to meet Customer’s obligations to report a Personal Data Breach as required under Data Protection Law. SAP may provide such information in phases as it becomes available. Such notification shall not be interpreted or construed as an admission of fault or liability by SAP. 4.6. Data Protection Impact Assessment If, pursuant to Data Protection Law, Customer (or its Controllers) are required to perform a data protection impact assessment or prior consultation with a regulator, at Customer’s request, SAP will provide such documents as are generally available for the Cloud Service (for example, this DPA, the Agreement, Audit Reports and Certifications). Any additional assistance shall be mutually agreed between the Parties. Data Processing Agreement for Cloud Services enGLOBAL.v.8-2021 (GSA Indirect 9-18-23) Page 4 of 9 5. DATA EXPORT AND DELETION 5.1. Export and Retrieval by Customer During the Subscription Term and subject to the Agreement, Customer can access its Personal Data at any time. Customer may export and retrieve its Personal Data in a standard format. Export and retrieval may be subject to technical limitations, in which case SAP and Customer will find a reasonable method to allow Customer access to Personal Data. 5.2. Deletion Before the Subscription Term expires, Customer may use SAP’s self-service export tools (as available) to perform a final export of Personal Data from the Cloud Service (which shall constitute a "return" of Personal Data). At the end of the Subscription Term, Customer hereby instructs SAP to delete the Personal Data remaining on servers hosting the Cloud Service within a reasonable time period in line with Data P rotection Law (not to exceed 6 months) unless applicable law requires retention. 6. CERTIFICATIONS AND AUDITS 6.1. Customer Audit Customer or its independent third party auditor reasonably acceptable to SAP (which shall not include any third party auditors who are either a competitor of SAP or not suitably qualified or independent) may audit SAP’s control environment and security practices relevant to Personal Data processed by SAP only if: a) SAP has not provided sufficient evidence of its compliance with the Technical and Organizational Measures that protect the production systems of the Cloud Service through providing either: (i) a certification as to compliance with ISO 27001 or other standards (scope as defined in the certificate); or (ii) a valid ISAE3402 or ISAE3000 or other SOC1-3 attestation report. Upon Customer’s request audit reports or ISO certifications are available through the third party auditor or SAP; b) a Personal Data Breach has occurred; c) an audit is formally requested by Customer’s data protection authority; or d) provided under mandatory Data Protection Law conferring Customer a direct audit right and provided that Customer shall only audit once in any 12 month period unless mandatory Data Protection Law requires more frequent audits. 6.2. Other Controller Audit Any other Controller may assume Customer's rights under Section 6.1 only if it applies directly to the Controller and such audit is permitted and coordinated by Customer. Customer shall use all reasonable means to combine audits of multiple other Controllers to avoid multiple audits.unless the audit must be undertaken by the other Controller itself under Data Protection Law. If several Controllers whose Personal Data is processed by SAP on the basis of the Agreement require an audit, Customer shall use all reasonable means to combine the audits and to avoid multiple audits. 6.3. Scope of Audit Customer shall provide at least 60 days advance notice of any audit unless mandatory Data Protection Law or a competent data protection authority requires shorter notice. The frequency and scope of any audits shall be mutually agreed between the parties acting reasonably and in good faith. Customer audits shall be limited in time to a maximum of 3 business days. Beyond such restrictions, the parties will use current certifications or other audit reports to avoid or minimize repetitive audits. Customer shall provide the results of any audit to SAP. 6.4. Cost of Audits Customer shall bear the costs of any audit unless such audit reveals a material breach by SAP of this DPA, then SAP shall bear its own expenses of an audit. If an audit determines that SAP has breached its obligations under the DPA, SAP will promptly remedy the breach at its own cost. Data Processing Agreement for Cloud Services enGLOBAL.v.8-2021 (GSA Indirect 9-18-23) Page 5 of 9 7. SUBPROCESSORS 7.1. Permitted Use SAP is granted a general authorization to subcontract the processing of Personal Data to Subprocessors, provided that: a) SAP or SAP SE on its behalf shall engage Subprocessors under a wr itten (including in electronic form) contract consistent with the terms of this DPA in relation to the Subprocessor’s processing of Personal Data. SAP shall be liable for any breaches by the Subprocessor in accordance with the terms of this Agreement; b) SAP will evaluate the security, privacy and confidentiality practices of a Subprocessor prior to selection to establish that it is capable of providing the level of protection of Personal Data required by this DPA; and c) SAP’s list of Subprocessors in place on the effective date of the Agreement is published by SAP on My Trust Center or SAP will make it available to Customer upon request, including the name, address and role of each Subprocessor SAP uses to provide the Cloud Service. 7.2. New Subprocessors SAP’s use of Subprocessors is at its discretion, provided that: a) SAP will inform Customer in advance (by email or by posting on the My Trust Center) of any intended additions or replacements to the list of Subprocessors including name, address and role of the new Subprocessor; and b) Customer may object to such changes as set out in Section 7.3. 7.3. Objections to New Subprocessors 7.3.1. If Customer has a legitimate reason under Data Protection Law to object to the new Subprocessors’ processing of Personal Data, Customer may terminate the Agreement (limited to the Cloud Service for which the new Subprocessor is intended to be used) on writ ten notice to SAP. Such termination shall take effect at the time determined by the Customer which shall be no later than 30 days from the date of SAP’s notice to Customer informing Customer of the new Subprocessor. If Customer does not terminate within this 30 day period, Customer is deemed to have accepted the new Subprocessor. 7.3.2. Within the 30 day period from the date of SAP’s notice to Customer informing Customer of the new Subprocessor, Customer may request that the parties discuss in good faith a resolution to the objection. Such discussions shall not extend the period for termination and do not affect SAP’s right to use the new Subprocessor(s) after the 30 day period. 7.3.3. Any termination under this Section 7.3 shall be deemed to be without fault by either party and shall be subject to the terms of the Agreement. 7.4. Emergency Replacement SAP may replace a Subprocessor without advance notice where the reason for the change is outside of SAP’s reasonable control and prompt replacement is required for security or other urgent reasons. In this case, SAP will inform Customer of the replacement Subprocessor as soon as possible following its appointment. Section 7.2 applies accordingly. 8. INTERNATIONAL PROCESSING 8.1. Conditions for International Processing SAP shall be entitled to process Personal Data, including by using Subprocessors, in accordance with this DPA outside the country in which the Customer is located as permitted under Data Protection Law. 8.2. Applicability of the Standard Contractual Clauses (2010) 8.2.1. Where, for the period up to and including 26 September 2021, Personal Data of a Controller that is subject to GDPR is processed in a Third Country, or where Personal Data of a Swiss or United Kingdom based Controller Data Processing Agreement for Cloud Services enGLOBAL.v.8-2021 (GSA Indirect 9-18-23) Page 6 of 9 or another Controller is processed in a Third Country and such international processing requires an adequacy means under the laws of the country of the Controller and the required adequacy means can be met by entering into Standard Contractual Clauses (2010), then: a) SAP and Customer enter into the Standard Contractual Clauses (2010); b) Customer joins the Standard Contractual Clauses (2010) entered into by SAP or SAP SE and the Subprocessor as an independent owner of rights and obligations; or c) other Controllers whose use of the Cloud Services has been authorized by Customer under the Agreement may also enter into Standard Contractual Clauses (2010) with SAP or the relevant Subprocessors in the same manner as Customer in accordance with Section 8.2.1 a) and b) above. In such case, Customer will enter into the Standard Contractual Cl auses (2010) on behalf of the other Controllers. 8.2.2. The Standard Contractual Clauses (2010) shall be governed by the law of the country in which the relevant Controller is established. 8.2.3. Where applicable Data Protection Law adopts the New Standard Contractual Clauses as meeting any required adequacy means as an alternative or update to the Standard Contractual Clauses (2010) then the New Standard Contractual Clauses shall apply in accordance with Section 8.3. 8.3. Applicability of New Standard Contractual Clauses 8.3.1. The following shall apply with effect from 27 September 2021 and shall solely apply in respect of New SCC Relevant Transfers: 8.3.1.1. Where SAP is not located in a Third Country and acts as a data exporter, SAP (or SAP SE on its behalf) has entered in to the New Standard Contractual Clauses with each Subprocessor as the data importer. Module 3 (Processor to Processor) of the New Standard Contractual Clauses shall apply to such New SCC Relevant Transfers. 8.3.1.2. Where SAP is located in a Third Country: SAP and Customer hereby enter into the New Standard Contractual Clauses with Customer as the data exporter and SAP as the data importer which shall apply as follows: a) Module 2 (Controller to Processor) shall apply where Customer is a Controller; and b) Module 3 (Processor to Processor) shall apply where Customer is a Processor. Where Customer acts as Processor under Module 3 (Processor to Processor) of the New Standard Contractual Clauses, SAP acknowledges that Customer acts as Processor under the instructions of its Controller(s). 8.3.2. Other Controllers or Processors whose use of the Cloud Services has been authorized by Customer under the Agreement may also enter into the New Standard Contractual Clauses with SAP in the same manner as Customer in accordance with Section 8.3.1.28.3.1.2 above. In such case, Customer enters into the New Standard Contractual Clauses on behalf of the other Controllers or Processors. 8.3.3. With respect to a New SCC Relevant Transfer, on request from a Data Subject to the Customer, Customer may make a copy of Module 2 or 3 of the New Standard Contractual Clauses entered into between Customer and SAP (including the relevant Schedules), available to Data Subjects. 8.3.4. The governing law of the New Standard Contractual Clauses shall be the law of Germany. 8.4. Relation of the Standard Contractual Clauses to the Agreement Nothing in the Agreement shall be construed to prevail over any conflicting clause of the Standard Contractual Clauses (2010) or the New Standard Contractual Clauses. For the avoidance of doubt, where this DPA further specifies audit and Subprocessor rules, such specifications also apply in relation to the Standard Contractual Clauses (2010) and the New Standard Contractual Clauses. 8.5. Third Party Beneficiary Right under the New Standard Contractual Clauses Data Processing Agreement for Cloud Services enGLOBAL.v.8-2021 (GSA Indirect 9-18-23) Page 7 of 9 8.5.1. Where Customer is located in a Third Country and acting as a data importer under Module 2 or Module 3 of the New Standard Contractual Clauses and SAP is acting as Customer’s sub-processor under the applicable Module, the respective data exporter shall have the following third party beneficiary right: 8.5.2. In the event that Customer has factually disappeared, ceased to exist in law or has become insolvent (in all cases without a successor entity that has assumed the legal obligations of the Customer by contract or by operation of law), the respective data exporter shall have the right to terminate the affected Cloud Service solely to the extent that the data exporter’s Personal Data is processed. In such event, the respective data exporter also instructs SAP to erase or return the Personal Data. 9.DOCUMENTATION; RECORDS OF PROCESSING 9.1. Each party is responsible for its compliance with its documentation requirements, in particular maintaining records of processing where required under Data Protection Law. Each party shall reasonably assist the other party in its documentation requirements, including providing the information the other party needs from it in a manner reasonably requested by the other party (such as using an electronic system), in order to enable the other party to comply with any obligations relating to maintaining records of processing. Schedule 1 Description of the Processing This Schedule 1 applies to describe the Processing of Personal Data for the purposes of the Standard Contractual Clauses (2010), New Standard Contractual Clauses and applicable Data Protection Law. 1.A. LIST OF PARTIES 1.1. Under the Standard Contractual Clauses (2010) 1.1.1. Data Exporter The data exporter under the Standard Contractual Clauses (2010) is the Customer who subscribed to a Cloud Service that allows Authorized Users to enter, amend, use, delete or otherwise process Personal Data. Where the Customer allows other Controllers to also use the Cloud Service, these other Controllers are also data exporters. 1.1.2. Data Importer SAP and its Subprocessors that provide and support the Cloud Service are data importers under the Standard Contractual Clauses (2010). 1.2. Under the New Standard Contractual Clauses 1.2.1. Module 2: Transfer Controller to Processor Where SAP is located in a Third Country, Customer is the Controller and SAP is the Processor, then Customer is the data exporter and SAP is the data importer. 1.2.2. Module 3: Transfer Processor to Processor Where SAP is located in a Third Country, Customer is a Processor and SAP is a Processor, then Customer is the data exporter and SAP is the data importer. 2.B. DESCRIPTION OF TRANSFER 2.1. Data Subjects Unless provided otherwise by the data exporter, transferred Personal Data relates to the following categories of Data Subjects: employees, contractors, business partners or other individuals having Personal Data stored in the Cloud Service, transmitted to, made available to, accessed or otherwise processed by the data importer. 2.2. Data Categories The transferred Personal Data concerns the following categories of data: Data Processing Agreement for Cloud Services enGLOBAL.v.8-2021 (GSA Indirect 9-18-23) Page 8 of 9 Customer determines the categories of data per Cloud Service subscribed. Customer can configure the data fields during implementation of the Cloud Service or as otherwise provided by the Cloud Service. The transferred Personal Data typically relates to the following categories of data: name, phone numbers, e -mail address, address data, system access / usage / authorization data, company name, contract data, invoice data, plus any application-specific data that Authorized Users enter into the Cloud Service and may include bank account data, credit or debit card data. 2.3. Special Data Categories (if agreed) 2.3.1. The transferred Personal Data may comprise special categories of personal data set out in the Agreement (“Sensitive Data”). SAP has taken Technical and Organizational Measures as set out in Schedule 2 to ensure a level of security appropriate to protect also Sensitive Data. 2.3.2. The transfer of Sensitive Data may trigger the application of the follo wing additional restrictions or safeguards if necessary to take into consideration the nature of the data and the risk of varying likelihood and severity for the rights and freedoms of natural persons (if applicable): a)training of personnel; b)encryption of data in transit and at rest; c)system access logging and general data access logging. 2.3.3. In addition, the Cloud Services provide measures for handling of Sensitive Data as described in the Documentation. 2.4. Purposes of the data transfer and further processing; Nature of the processing 2.4.1. The transferred Personal Data is subject to the following basic processing activities: a)use of Personal Data to set up, operate, monitor and provide the Cloud Service (including operational and technical support); b)continuous improvement of service features and functionalities provided as part of the Cloud Service including automation, transaction processing and machine learning; c)provision of embedded Professional Services; d)communication to Authorized Users; e)storage of Personal Data in dedicated data centers (multi-tenant architecture); f)release, development and upload of any fixes or upgrades to the Cloud Service; g)back up and restoration of Personal Data stored in the Cloud Service; h)computer processing of Personal Data, including data transmission, data retrieval, data access ; i)network access to allow Personal Data transfer; j)monitoring, troubleshooting and administering the underlying Cloud Service infrastructure and database ; k)security monitoring, network-based intrusion detection support, penetration testing; and l)execution of instructions of Customer in accordance with the Agreement. 2.4.2. The purpose of the transfer is to provide and support the Cloud Service. SAP and its Subprocessors may support the Cloud Service data centers remotely. SAP and its Subprocessors provide support when a Customer submits a support ticket as further set out in the Agreement. 2.5. Additional description in respect of the New Standard Contractual Clauses: 2.5.1. Applicable Modules of the New Standard Contractual Clauses a)Module 2: Transfer Controller to Processor b)Module 3: Transfer Processor to Processor 2.5.2. For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing Data Processing Agreement for Cloud Services enGLOBAL.v.8-2021 (GSA Indirect 9-18-23) Page 9 of 9 In respect of the New Standard Contractual Clauses, transfers to Subprocessors shall be on the same basis as set out in the DPA. 2.5.3. The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis). Transfers shall be made on a continuous basis. 2.5.4. The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period. Personal Data shall be retained for the duration of the Agreement and subject to Section 5.2 of the DPA. 3.C. COMPETENT SUPERVISORY AUTHORITY 3.1. In respect of the New Standard Contractual Clauses: 3.1.1. Module 2: Transfer Controller to Processor 3.1.2. Module 3: Transfer Processor to Processor 3.2. Where Customer is the data exporter, the supervisory authority shall be the competent supervisory authority that has supervision over the Customer in accordance with Clause 13 of the New Standard Contractual Clauses. Schedule 2 Technical and Organizational Measures This Schedule 2 applies to describe the applicable technical and organizational measures for the purposes of the Standard Contractual Clauses (2010), New Standard Contractual Clauses and applicable Data Protection Law. SAP will apply and maintain the Technical and Organizational Measures. To the extent that the provisioning of the Cloud Service comprises New SCC Relevant Transfers, the Technical and Organizational Measures set out in Schedule 2 describe the measures and safeguards which have been taken to fully take into consideration the nature of the personal data and the risks involved. If local laws may affect the compliance with the clauses, this may trigger the application of additional safeguards applied during transmission and to the processing of the personal data in the country of destination (if applicable: encryption of data in transit, encryption of data at rest, anonymization, pseudonymization). General Terms and Conditions for SAP Cloud Services (for GSA indirect sales) enNA.v.6-2023 Page 1 of 11 GENERAL TERMS AND CONDITIONS FOR SAP CLOUD SERVICES (for GSA indirect sales) (“Cloud GTC”) 1.DEFINITIONS 1.1. “Affiliate” means any legal entity in which SAP SE or Customer, directly or indirectly, holds more than (fifty percent) 50% of the entity’s shares or voting rights or controls or is under common control with that legal entity. “Control” means the direct or indirect possession of the power to direct or cause the direction of the management and policies of an entity, whether through ownership, by contract or otherwise. Any legal entity will be considered an Affiliate as long as that interest is maintained. 1.2. “Agreement” means the agreement as defined in the applicable Cloud Order Form. For clarity, some services may be performed under a statement of work, which statement of work will be governed by the terms and conditions of this Agreement. 1.3. “Authorized User” means any individual to whom Customer grants access authorization to use the Cloud Service that is an employee, agent, contractor or representative of Customer, Customer's Affiliates, or Customer’s and Customer’s Affiliates’ Business Partners. 1.4. “Business Partner” means a legal entity that requires use of a Cloud Service in connection with Customer’s and its Affiliates’ internal business operations. These may include customers, distributors, service providers or suppliers of Customer and its Affiliates. 1.5. “Cloud Order Form” means the “Cloud Order Form for SAP Cloud Services” concluded between SAP and Reseller that references the Cloud GTC. 1.6. “Cloud Service” means any distinct, hosted, supported and operated on-demand solution provided by SAP to the Customer on behalf of the Reseller, under the Cloud Order Form. 1.7. “Confidential Information” means all information which the disclosing party protects against unrestricted disclosure to others that the disclosing party or its representatives designates as confidential, internal or proprietary at the time of disclosure, or should reasonably be understood to be confidential at the time of disclosure given the nature of the information and the circumstances surrounding its disclosure . 1.8. “Customer” means the entity or individual that has consented to this Agreement by execution of an agreement with Reseller that references this Cloud GTC or by any other legally binding method of acceptance of this Agreement. 1.9. “Customer Data” means any content, materials, data and information that Authorized Users enter into the production system of a Cloud Service or that Customer derives from its use of and stores in the Cloud Service (e.g. Customer-specific reports). Customer Data and its derivatives will not include SAP’s Confidential Information. 1.10. “Documentation” means SAP's then-current technical and functional documentation, relating to the Cloud Services located at https://help.sap.com or which is made available to Customer as part of the Cloud Service, including technical and functional specifications as updated from time to time in accordance with the Agreement. 1.11. “Export Laws” means all applicable import, export control and sanctions laws, including without limitation, the laws of the United States, the EU, and Germany. 1.12. “Feedback” means input, comments or suggestions regarding SAP’s business and technology direction, and the possible creation, modification, correction, improvement or enhancement of the Cloud Service. 1.13. “Intellectual Property Rights” means patents of any type, design rights, utility models or other similar invention rights, copyrights and related rights, trade secret, know-how or confidentiality rights, trademarks, trade names and service marks and any other intangible property rights, whether registered or unregistered, including applications (or rights to apply) and registrations for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired. 1.14. “Reseller” means the entity holding the Multiple Award Schedule contract and identified on the Cloud Order Form. General Terms and Conditions for SAP Cloud Services (for GSA indirect sales) enNA.v.6-2023 Page 2 of 11 1.15. “Representatives” means a party’s Affiliates, employees, contractors, sub-contractors, legal representatives, accountants, or other professional advisors. 1.16. “SAP” means the entity identified by the Cloud Order Form as providing the Cloud Service to Customer. 1.17. “SAP Materials” means any materials (including statistical reports) provided, developed or made available by SAP or via Reseller (independently or with Customer’s or Reseller’s cooperation) in the course of performance under the Agreement, including in the delivery of any support to Customer. SAP Materials do not include Customer Data, Customer Confidential Information or the Cloud Service. SAP Materials may also be referred to in the Agreement as “Cloud Materials”. 1.18. “SAP SE” means SAP SE, the parent company of SAP. 1.19. “Subscription Term” means the initial subscription term and, if applicable, any renewal subscription term of a Cloud Service identified in the Cloud Order Form. 1.20. “Usage Metric” means the standard of measurement for determining the permitted use for a Cloud Service as set forth in a Cloud Order Form. 2. USAGE RIGHTS AND RESTRICTIONS 2.1. Grant of Rights Subject to Reseller’s payment of all fees due to SAP, SAP grants to Customer on behalf of Reseller, a non- exclusive and non-transferable right to use the Cloud Service (including its implementation and configuration), SAP Materials and Documentation solely for Customer’s and its Affiliates’ internal business operations. Customer may use the Cloud Service world-wide, except from countries where such use is prohibited by Export Laws. Permitted uses and restrictions of the Cloud Service also apply to SAP Materials and Documentation. 2.2. Authorized Users Customer may permit Authorized Users to use the Cloud Service. Usage is limited to the Usage Metrics and volumes stated in the Cloud Order Form. Access credentials for the Cloud Service may not be used by more than one individual, but may be transferred from one individual to another if the original user is no longer permitted to use the Cloud Service. Customer is responsible for breaches of the Agreement caused by Authorized Users. 2.3. Verification of Use Customer will monitor its own use of the Cloud Service and report any use in excess of the Usage Metrics and volume to Reseller. SAP may monitor use to verify compliance with Usage Metrics, volume and the Agreement. SAP will be permitted to forward any data regarding use in excess of the Usage Metrics, volume and the Agreement by Customer to Reseller. Further, such monitoring shall be contingent upon adherence to Customer’s security requirements, including any requirement for personnel to be cleared prior to accessing sensitive IT systems or facilities. If Customer’s security requirements are not met, then upon SAP’s request, Customer will run a self-assessment with tools provided by, and at the direction of SAP to verify Customer’s compliance with the terms of this Agreement. 2.4. Third Party Web Services The Cloud Service may include integrations with web services made available by third parties (other than SAP SE or its Affiliates) that are accessed through the Cloud Service and subject to terms and conditions with those third parties. These third party web services are not part of the Cloud Service and the Agreement does not apply to them. SAP is not responsible for the content of these third party web services. 2.5. Mobile Access to Cloud Service Authorized Users may access certain Cloud Services through mobile applications obtained from third -party websites such as Android or Apple app store. The use of mobile applications may be governed by the terms and conditions presented upon download/access to the mobile application and not by the terms of the Agreement. General Terms and Conditions for SAP Cloud Services (for GSA indirect sales) enNA.v.6-2023 Page 3 of 11 2.6. On-Premise Components The Cloud Service may include on-premise components that can be downloaded and installed (including updates) by Customer. The System Availability SLA does not apply to these components. Customer may only use the on-premise components during the Subscription Term. 3. SAP RESPONSIBILITIES 3.1. Provisioning SAP provides access to the Cloud Service as described in the Agreement. SAP makes the Cloud Service available and is responsible for its operation. 3.2. Support SAP provides support for the Cloud Service as referenced in the Cloud Order Form. 3.3. Security SAP will implement and maintain appropriate technical and organizational measures to protect the personal data processed by SAP as part of the Cloud Service as described in the Data Processing Agreement incorporated in the Cloud Order Form in compliance with applicable data protection law. 3.4. Modifications 3.4.1. Scope SAP may modify the Cloud Service (including support services, Maintenance Windows and Major Upgrade Windows), provided that SAP shall not materially degrade the core functionality of the Cloud Service during the Subscription Term. Any such modifications will not restrict or reduce the capabilities in existence at the time of execution of this Agreement without written concurrence from the Government Contracting Officer. 3.4.2. Modification Notices SAP shall provide Customer with reasonable advance notice of modifications to the functionality of the Cloud Service in accordance with Section 13.4, except for any change to a Maintenance Window or Major Upgrade Window which shall be in accordance with the Service Level Agreement. 3.4.3. Customer Termination If the modification materially degrades the Cloud Service and SAP does not provide equivalent functionality, Customer may terminate the Cloud Order Form for the affected Cloud Service by providing written notice to SAP and Reseller within 1 month of SAP’s notice. If SAP does not receive timely notice, Customer is deemed to have accepted the modification. 4. CUSTOMER AND PERSONAL DATA 4.1. Customer Ownership Customer retains all rights in and related to Customer Data. SAP may use Customer provided trademarks solely to provide and support the Cloud Service. 4.2. Customer Data Customer is responsible for Customer Data and entering it into the Cloud Service. Customer grants to SAP (including SAP SE, its Affiliates and subcontractors) a non -exclusive right to process and use Customer Data to provide and support the Cloud Service and as set out in the Agreement. 4.3. Personal Data Customer will collect and maintain all personal data contained in the Customer Data in compliance with applicable data privacy and protection laws. 4.4. Security General Terms and Conditions for SAP Cloud Services (for GSA indirect sales) enNA.v.6-2023 Page 4 of 11 Customer will maintain reasonable security standards for its Authorized Users’ use of the Cloud Service. Customer will not conduct or authorize penetration tests of the Cloud Service without advance approval from SAP. 4.5. Access to Customer Data 4.5.1. During the Subscription Term, Customer can access its Customer Data at any time. Customer may export and retrieve its Customer Data in a standard format. Export and retrieval may be subject to technical limitations, in which case SAP and Customer will find a reasonable method to allow Customer access to Customer Data. 4.5.2. Before the Subscription Term expires, Customer may use SAP’s self-service export tools (as available) to perform a final export of Customer Data from the Cloud Service. 4.5.3. At the end of the Agreement, SAP will delete the Customer Data remaining on servers hosting the Cloud Service unless applicable law requires retention. Retained data is subject to the confidentiality provisions of the Agreement. 4.5.4. In the event of third party legal proceedings relating to Customer Data, SAP will cooperate with Customer and comply with applicable law (both at Customer’s expense) with respect to handling of Customer Data. 5. RESELLER RELATIONSHIP, PRICES AND PAYMENT 5.1. Intentionally left blank 5.2. Intentionally left blank 5.3. Independence of Reseller Reseller is not an agent of SAP. Reseller is an independent entity with no authority to bind SAP or to make representations or warranties on SAP’s behalf. SAP will not be liable for reasonably relying on the accuracy and reliability of written information provided by Reseller. Customer acknowledges and agrees that the Reseller through which Customer has arranged for the procurement of the Cloud Services is not an agent of SAP. 5.4. No Representations or Warranties SAP makes no representations or warranties as to Reseller, any authorized distributor or other reseller, or any other third party, or related to the performance of their products or services, and fully disclaims any such warranties in accordance with Section 7. 5.5 Payment Customer shall pay to Reseller on behalf of SAP the fees for the Cloud Service provided hereunder, in the amount as set forth in the agreement between Reseller and Customer, in accordance with the terms of the Cloud Order Form. 5.6 Renewal Term The fees set forth in the Cloud Order Form will be fixed for the committed subscription term. Following the subscription term of a Cloud Order Form, the subscription may be renewed for one (1) year subscription terms (each, as applicable, a “Renewal Term”) subject to funding and only for the agreed -upon subscription period by executing a written order for the Renewal Term. Pricing is established based upon the GSA Schedule Price List in effect at the time the Renewal Term is entered into. Either party may give the other party written notice (email acceptable) of non-renewal at least thirty (30) days prior to the end of the relevant subscription ter m. 5.7 Additions to Cloud Order Form Customer may add additional Authorized Users or other applicable usage metrics during the term of the Cloud Order Form by executing an addendum or additional schedule with Reseller, as applicable, which shall then become an integral part of the amended Cloud Order Form. The term of each addendum or schedule shall be coterminous with the then-current term of the Cloud Order Form irrespective of the effective date of such addendum and all fees shall be prorated accordingly. Upon renewal of the Cloud Order Form, the term for all Authorized Users or other fee-based metric added to the Cloud Order Form prior to renewal shall be the same as specified in the Cloud Order Form. 5.8 Excess Use General Terms and Conditions for SAP Cloud Services (for GSA indirect sales) enNA.v.6-2023 Page 5 of 11 Customer is responsible for monitoring its use of the Service. Customer shall promptly report to SAP any actual use in excess of the number of Authorized Users (or other applicable usage metric authorized in the Cloud Order Form). SAP shall be entitled to monitor Customer’s number of Authorize d Users (or other applicable usage metric authorized in the Cloud Order Form) regarding usage of the Cloud Service to ensure Customer’s compliance with the Agreement. SAP shall be permitted to forward such data to Reseller. SAP shall invoice Reseller and Customer shall have the opportunity to execute an agreement with Reseller to pay for any usage in excess of the usage metrics set forth in the applicable Cloud Order Form. Such fees shall accrue from the date the excess use began. For the avoidance of doubt, Customer shall not be entitled to claim any reduction of the fees payable under the Cloud Order Form or reduce the Authorized Users (or other applicable usage metric) during the term of a Cloud Order Form or renewal. 5.9 No Cancellation Except as expressly set forth in this Agreement, FAR 52.212-4(l), or the Cloud Order Form, all purchases of subscriptions hereunder are non-cancelable and all fees incurred prior to the termination date are non- refundable. 6. TERM AND TERMINATION 6.1 Term The term of this Agreement begins on the Effective Date set forth in the applicable Cloud Order Form and shall continue in effect as described in the Cloud Order Form. Termination of individual Cloud Order Forms shall leave other Cloud Order Forms unaffected. 6.2 Termination Recourse against the United States for any alleged breach of this Agreement must be made under the terms of the Federal Tort Claims Act or as a dispute under the contract disputes clause (Contract Disputes Act, 41 U.S.C. Chapter 71) as applicable. SAP shall proceed diligently with performance of this Agreement, pending final resolution of any request for relief, claim, appeal, or action arising under the Agreement, and comply with any decision of the Customer. The Agreement shall terminate immediately upon a final judgment obtained under the Contracts Disputes Act terminating the Agreement for Customer's material breach of any provision of the Agreement. SAP may, in its reasonable determination, deactivate Customer’s user name(s) and pass word(s) and/or temporarily suspend access to the Cloud Service or a portion thereof, if and to the extent SAP can substantiate that the continued use of the Cloud Service may result in harm to the Cloud Service (including the security of the systems used to provide the Cloud Service) or other SAP customers, or the rights of third parties, upon prior written notice to Customer as the circumstances permit. 6.3 Effect of Expiration or Termination Upon the effective date of termination, Customer’s access to the Cloud Service will be terminated. Customer shall have the ability to access its Customer Data at any time during the subscription term set forth in the applicable Order Form, unless earlier terminated pursuant to this Article 6. Customer may export and retrieve its Customer Data during a subscription term, which will be subject to technical limitations caused by factors such as (i) the availability of self-service extraction tools compatible with the Cloud Service, (ii) the size of Customer’s instance of the Cloud Service; and (iii) the frequency and/or timing of the export and retrieval. 6.4 Survival Articles 5, 8, 9, 10, 11, 12 and 13 shall survive the expiration or termination of this Agreement. 7. WARRANTIES 7.1. Compliance with Law Each party warrants its current and continuing compliance with all laws and regulations applicable to it in connection with: (a) In the case of SAP, the operation of SAP’s business as it relates to the Cloud Service; and (b) In the case of Customer, Customer Data and Customer’s use of the Cloud Service. General Terms and Conditions for SAP Cloud Services (for GSA indirect sales) enNA.v.6-2023 Page 6 of 11 7.2. Good Industry Practices SAP warrants that it will provide the Cloud Service: (a) in substantial conformance with the Documentation; and (b) with the degree of skill and care reasonably expected from a skilled and experienced global supplier of services substantially similar to the nature and complexity of the Cloud Service. 7.3. Remedy 7.3.1. Provided Customer (or Reseller on Customer’s behalf) notifies SAP in writing with a specific description of the Cloud Service’s non-conformance with the warranty in Section 7.2 without undue delay and SAP validates the existence of such non-conformance, SAP will, at its option and in accordance with Section 7.3.3: (a) correct or replace the non-conforming Cloud Service, or (b) if SAP fails to correct the non-conformance after using reasonable commercial efforts, terminate the access to the non-conforming Cloud Service. 7.3.2. The remedies in Section 7.3.1 do not apply to trivial or non-material cases of non-conformance and are Customer’s sole and exclusive remedies and SAP’s entire liability for breach of the warranty under Section 7.2. The written notification of any non-conformance by Customer (or Reseller on Customer’s behalf) must include sufficient detail for SAP to analyze the alleged non-conformance. Customer must provide commercially reasonable assistance to SAP in analyzing and remediating any non-conformance of the Cloud Service. 7.3.3. SAP will consult with Reseller to define a reasonable amount: (a) by which Reseller may reduce the subscription fees for the non-conforming Cloud Services, in case Reseller has not already paid them, or (b) if Reseller has already paid the subscription fees for the non-conforming Cloud Services, which SAP will refund to Reseller to reflect the non-conformance (unless such refund is prohibited by Export Laws). 7.3.4. SAP may fulfill its warranty obligations with Customer or Reseller on Customer’s behalf. To the extent that SAP fulfills its warranty obligations under Section 7.3.3 via Reseller, Customer will not have any claim against SAP for a breach of the warranty in Section 7.2. 7.4. System Availability 7.4.1. SAP warrants to maintain an average monthly system availability for the production system of the Cloud Service as defined in the applicable Service Level Agreement or Supplement (“SLA”). 7.4.2. Customer’s sole and exclusive remedy for SAP’s breach of the SLA is the issuance of a credit as described in the SLA, whereby the service level credit will be calculated based on the non -discounted subscription fee set out in the order form agreed between SAP and Reseller. Customer must notify Reseller in writing (email permitted) within 21 business days after each calendar month in which SAP does not meet the SLA, so that Reseller can follow SAP’s posted credit claim procedure. When the validity of the service credit is confirmed by SAP in writing (email permitted) to Reseller, SAP will issue the credit to Reseller to forward to Customer. 7.5. Warranty Exclusions The warranties in Sections 7.2 and 7.4 will not apply if: (a) the Cloud Service is not used in accordance with the Agreement or Documentation; (b) any non-conformity is caused by Reseller, Customer, another third party, or by any product, database, content or service not provided by SAP; or (c) the Cloud Service was provided for no fee or is a trial license of the Cloud Service. 7.6. Disclaimer Except as expressly provided in the Agreement, neither SAP nor its subcontractors make any representation or warranties, express or implied, statutory or otherwise, regarding any matter, including the merchantability, suitability, originality, or fitness for a particular use or purpose, non-infringement or results to be derived from the use of or integration with any products or services provided under the Agreement, or that the operation of any products or services will be secure, uninterrupted or error free. Customer agrees that it is not relying on General Terms and Conditions for SAP Cloud Services (for GSA indirect sales) enNA.v.6-2023 Page 7 of 11 delivery of future functionality, public comments or advertising of SAP or product roadmaps in obtaining subscriptions for any Cloud Service. 8. THIRD PARTY CLAIMS 8.1. Claims Brought Against Customer 8.1.1. SAP will defend Customer against claims brought against Customer and its Affiliates by any third party alleging that Customer’s and its Affiliates’ use of the Cloud Service infringes or misappropriates a patent claim, copyright or trade secret right. SAP will indemnify Customer against all damages finally awarded against Customer (or the amount of any settlement SAP enters into) with respect to these claims. 8.1.2. SAP’s obligations under Section 8.1 will not apply if the claim results from: (a) use of the Cloud Service in conjunction with any product or service not provided by SAP; (b) use of the Cloud Service provided for no fee; (c) any use of the Cloud Service not permitted under the Agreement. 8.1.3. If a third party makes a claim or in SAP’s reasonable opinion is likely to make such a claim, SAP may at its sole option and expense: (a) procure for Customer the right to continue using the Cloud Service under the terms of the Agreement ; or (b) replace or modify the Cloud Service to be non-infringing without a material decrease in functionality. If these options are not reasonably available, SAP may terminate Customer’s subscription to the affected Clou d Service upon written notice. 8.1.4. SAP expressly reserves the right to cease such defense of any claim(s) if the applicable Cloud Service is no longer alleged to infringe or misappropriate the third party’s rights. 8.2. Customer Responsibilities Customer shall be responsible for (i) any use of the Cloud Service in violation of any applicable law or regulation; or (ii) an allegation that the Customer Data or Customer’s use of the Cloud Service in violation of this Agreement violates, infringes or misappropriates the rights of a third party. The foregoing shall apply regardless of whether such damage is caused by the conduct of Customer and/or its Authorized Users or by the conduct of a third party using Customer's access credentials. 8.3. Conditions The obligations under this Article 8 are conditioned on (a) the Customer timely notifying SAP in writing of any such claim, provided however that a party’s failure to provide or delay in providing such notice shall not relieve a party of its obligations under this Article 8 except to the extent such failure or delay prejudices the defense (b) the party who is obligated hereunder to defend a claim having the right to control the defense of such claim to the extent permitted by 28 U.S.C. §516; and (c) the party against whom a third party claim is brought reasonably cooperating in the defense of such claim. Any settlement of any claim shall not include a financial or specific performance obligation on or admission of liability by the party against whom the clai m is brought, provided however that SAP may settle any claim on a basis requiring SAP to substitute for the Cloud Service any alternative substantially equivalent non -infringing services. SAP will have the opportunity to intervene in any suit or claim filed against the Customer, at its own expense, through counsel of its own choosing. Neither party shall undertake any action in response to any infringement or misappropriation, or alleged infringement or misappropriation that is prejudicial to the other party’s rights. Nothing contained herein shall be construed in derogation of the U.S. Department of Justice’s right to defend any claim or action brought against the U.S., pursuant to its jurisdictional statute 28 U.S.C. §516. 8.4. Exclusive Remedy The provisions of Section 8 state the sole, exclusive, and entire liability of the parties, their Affiliates, Business Partners and subcontractors to the other party, and is the other party’s sole remedy, with respect to covered third party claims and to the infringement or misappropriation of third party intellectual property rights. General Terms and Conditions for SAP Cloud Services (for GSA indirect sales) enNA.v.6-2023 Page 8 of 11 9. LIMITATION OF LIABILITY 9.1. No Liability 9.1.1. SAP, its licensors or subcontractors will not be responsible or liable under the Agreement: (a) if a Cloud Service is not used in accordance with the Documentation; (b) if the defect or liability is caused by Reseller, Customer or any third party product or service; (c) if the Cloud Service is used in conjunction with any product or service not provided by SAP; (d) for any Customer activities not permitted under the Agreement; or (e) for any claims or damages arising from inherently dangerous use of any of the Cloud Services provided under or in connection with the Agreement. 9.2. No Cap on Liability Neither party’s liability is capped for damages resulting from: (a) the parties’ obligations under Sections 8.1.1 or 8.2 (excluding SAP’s obligation under Section 8.1.1 where the third party claim(s) relates to Cloud Services not developed by SAP); (b) death or bodily injury arising from either party’s gross negligence or willful misconduct; and/ or (c) Customer’s unauthorized use of any Cloud Service or any failure by Customer to pay Reseller any fees due for the Cloud Services. 9.3. Liability Cap Except as set forth in Section 9.1, the maximum aggregate liability of either party (or its respective Affiliates or SAP’s subcontractors) to the other or to any other person or entity for all events (or series of connected ev ents) arising in any twelve (12)-month period will not exceed the annual subscription fees paid by Customer to Reseller for the applicable Cloud Service associated with the damages for that twelve (12)-month period. Any “twelve (12)-month period” commences on the Subscription Term start date or any of its yearly anniversaries. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL BE DEEMED TO IMPAIR THE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR FRAUD OR CRIMES ARISING OUT OF, OR RELATED TO, THIS AGREEMENT UNDER ANY FEDERAL FRAUD STATUTE, INCLUDING THE FALSE CLAIMS ACT, 31 U.S.C. §§ 3729-3733. 9.4. Exclusion of Damages In no case will: (a) either party (or its respective Affiliates or SAP’s subcontractors) be liable to the other party for any special, incidental, consequential, or indirect damages, loss of goodwill or business profits, work stoppage or for exemplary or punitive damages; and (b) SAP be liable for any damages caused by any Cloud Service provided for no fee. 9.5. Extension to group members Any limitations to the liability and obligations of SAP according to th is Section 9 will also apply for the benefit of SAP SE and any of its Affiliates and their respective licensors. 9.6. SAP will not be obliged to provide an indemnity or damages where Customer has been fully compensated or indemnified for the same loss or damage under its agreement with Reseller. 10. INTELLECTUAL PROPERTY RIGHTS 10.1. SAP Ownership 10.1.1. Except for any rights expressly granted to Customer under the Agreement, SAP, SAP SE, their Affiliates or licensors own all Intellectual Property Rights in and any derivative works of: (a) the Cloud Service; (b) SAP Materials; (c) Documentation; and General Terms and Conditions for SAP Cloud Services (for GSA indirect sales) enNA.v.6-2023 Page 9 of 11 (d) any services, design contributions, related knowledge or processes, whether or not developed for Customer. Customer shall execute such documentation and take such other steps as is reasonably necessary to secure SAP’s or SAP SE’s title over such rights. 10.2. Acceptable Use Policy With respect to the Cloud Service, Customer will not: (a) copy, translate, disassemble, decompile, make derivative works, or reverse-engineer the Cloud Service or SAP Materials (or attempt any of the foregoing); (b) enter, store, or transfer any content or data on or via the Cloud Service that is unlawful or infringes any Intellectual Property Rights; (c) circumvent or endanger its operation or security of the Cloud Service; or (d) remove SAP’s copyright and authorship notices. 11. CONFIDENTIALITY 11.1. Use of Confidential Information 11.1.1. The receiving party shall: (a) maintain all Confidential Information of the disclosing party in strict confidence, taking steps to protect the disclosing party’s Confidential Information substantially similar to those steps that the receiving party takes to protect its own Confidential Information, which shall not be less than a reasonable standard of care; (b) not disclose or reveal any Confidential Information of the disclosing party to any person other than its Representatives whose access is necessary to enable it to exercise its rights or perform its rights or perform its obligations under the Agreement and who are under obligations of confidentiality substantially similar to those in Section 11; (c) not use or reproduce any Confidential Information of the disclosing party for any purpose outside the scope of the Agreement; and (d) retain any and all confidential, internal, or proprietary notices or legends which appear on the original and on any reproductions. 11.1.2. Customer shall not disclose any information about the Agreement, its terms and conditions, the pricing or any other related facts to any third party. 11.1.3. Confidential Information of either party disclosed prior to execution of the Agreement will be subject to Section 11. 11.2. Compelled Disclosure The receiving party may disclose the disclosing party's Confidential Information to the extent required by law, regulation, court order or regulatory agency; provided, that the receiving party required to make such a disclosure uses reasonable efforts to give the disclosing party reasonable prior notice of such required disclosure (to the extent legally permitted) and provides reasonable assistance in contesting the required disclosure, at the request and cost of the disclosing party. The receiving party an d its Representatives shall use commercially reasonable efforts to disclose only that portion of the Confidential Information which is legally requested to be disclosed and shall request that all Confidential Information that is so disclosed is accorded confidential treatment. Federal agencies are subject to the Freedom of Information Act, 5 U.S.C. § 552, which requires that information that does not fall under certain exceptions must be released when requested and, therefore, some information may be released despite being characterized as “confidential” by the disclosing party. 11.3. Exceptions The restrictions on use or disclosure of Confidential Information will not apply to any Confidential Information that: General Terms and Conditions for SAP Cloud Services (for GSA indirect sales) enNA.v.6-2023 Page 10 of 11 (a) is independently developed by the receiving party wi thout reference to the disclosing party’s Confidential Information; (b) has become generally known or available to the public through no act or omission by the receiving party; (c) at the time of disclosure, was known to the receiving party free of confidentiality restrictions; (d) is lawfully acquired free of restriction by the receiving party from a third party having the right to furnish such Confidential Information; or (e) the disclosing party agrees in writing is free of confidentiality restrictions. 11.4. Destruction and Return of Confidential Information Upon the disclosing party's request, the receiving party shall promptly destroy or return the disclosing party's Confidential Information, including copies and reproductions of it. The obligation to destroy or return Confidential Information shall not apply: (a) if legal proceedings related to the Confidential Information prohibit its return or destruction, until the proceedings are settled or a final judgment is rendered; (b) to Confidential Information held in archive or back-up systems under general systems archiving or backup policies; or (c) to Confidential Information the receiving party is legally entitled or required to retain. 12. FEEDBACK Customer may at its sole discretion and option provide SAP with Feedback. In s uch instance, SAP, SAP SE and its Affiliates may in their sole discretion retain and freely use, incorporate or otherwise exploit such Feedback without restriction, compensation or attribution to the source of the Feedback . 13. MISCELLANEOUS 13.1. Severability If any provision of the Agreement is held to be wholly or in part invalid or unenforceable, the invalidity or unenforceability will not affect the other provisions of the Agreement. No Waiver A waiver of any breach of the Agreement is not deemed a waiver of any other breach. 13.2. Electronic Signature Electronic signatures that comply with applicable law are deemed original signatures. 13.3. Trade Compliance 13.3.1. SAP and Customer shall comply with Export Laws in the performance of this Agreement. SAP Confidential Information is subject to Export Laws. Customer, its Affiliates, and Authorized Users shall not directly or indirectly export, re-export, release, or transfer Confidential Information in violation of Export Laws. Customer is solely responsible for compliance with Export Laws related to Customer Data, including obtaining any required export authorizations for Customer Data. Customer shall not use the Cloud Service from Crimea/Sevastopol, Cuba, Iran, the People's Republic of Korea (North Korea), the so-called Luhansk Peoples Republic (LNR) and Donetsk Peoples Republic (DNR) or Syria. 13.3.2. Upon SAP’s request, Customer shall provide information and documents to support obtaining an export authorization. Upon written notice to Customer SAP may immediately terminate Customer’s subscription to the affected Cloud Service if: (a) the competent authority does not grant such export authorization within 18 months; or (b) Export Laws prohibit SAP from providing the Cloud Service to Customer. 13.4. Notices All notices will be in writing and given when delivered to the address set forth in a Cloud Order Form. Notices from SAP to Customer may be in the form of an electronic notice to Customer’s authorized representative or administrator. SAP may provide notice of modifications to the Cloud Service under Section 3.4.2 via Documentation, release notes or publication. System notifications and information from SAP relating to the General Terms and Conditions for SAP Cloud Services (for GSA indirect sales) enNA.v.6-2023 Page 11 of 11 operation, hosting or support of the Cloud Service can also be provided within the Cloud Service, or made available via the SAP Support Portal. 13.5. Assignment Customer may not, without SAP’s prior written consent, assign, delegate, pledge or otherwise transfer this Agreement, or any of its rights or obligations under this Agreement, or any SAP materials or SAP Confidential Information, to any party, whether voluntarily or by operation of law, including by way of sale of assets, merger or consolidation. Assignment by SAP is subject to FAR 52.232 -23 “Assignment of Claims” (May 2014) and FAR subpart 42.12 “Novation and Change-of-Name Agreements.” 13.6. Subcontracting SAP may subcontract parts of the Cloud Service to third parties. SAP is responsible for breaches of the Agreement caused by its subcontractors. 13.7. Relationship of the Parties The parties are independent contractors, and no partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties is created by the Agreement. 13.8. Force Majeure In accordance with GSAR 552.212-4(f), Any delay in performance (other than for the payment of amounts due) caused by conditions beyond the reasonable control of the performing party is not a breach of the Agreement. The time for performance will be extended for a period equal to the duration of the conditions p reventing performance. 13.9. Governing Law This Agreement and any claims arising out of or relating to this Agreement and its subject matter shall be governed by and construed under United States Federal law. Venue and statute of limitations shall be established by applicable Federal law. The United Nations Convention on Contracts for the International Sale of Goods and any conflicts of law principles and the Uniform Computer Information Transactions Act (where enacted) will not apply to the Agreement. 13.10. Waiver of Right to Jury Trial Each party waives any right it may have to a jury trial for any claim or cause of action arising out of or in relation to the Agreement. 13.11. Entire Agreement The Agreement constitutes the complete and exclusive statement of the agreement between SAP and Customer in connection with the parties’ business relationship related to the subject matter of the Agreement. All previous representations, discussions, and writings (including any confidentiality agreements) are merged in and superseded by the Agreement and the parties disclaim any reliance on them. The Agreement may be modified solely in writing signed by both parties, except as permitted under Section 3.4. This Agreement, however, shall not take precedence over any specific, negotiated terms contained in a Cloud Order Form. Terms and conditions of any Customer-issued purchase order shall have no force and effect, even if SAP accepts or does not otherwise reject the purchase order.