7.4.1 Zendesk`s DPA can be performed here: www.zendesk.com/company/data-processing-form/. As performed by Subscriber, dpa is hereby incorporated into the terms of this Agreement by reference herein. „Documentation” means any written or electronic documentation, image, video, text or sound that indicates the functionality of the Services or describes the Service Plans, as applicable, that Zendesk has made available to you or made available to you in the relevant Zendesk Help Centers, the Website or the zendesk Developer Website (developer.zendesk.com/); provided, however, that the Materials expressly exclude all „community-moderated” forums as provided or accessible through such Knowledge Base(s). You („Subscriber”, „you”, „your” or related terms) purchase a subscription to a Service (as defined below) operated by Zendesk from an independent third party authorized to sell such subscriptions („Reseller”) under a separate agreement with Zendesk („Reseller Agreement”). In addition to all terms and conditions relating to your use of the Service under an agreement between you and Reseller, this Agreement contains the terms that govern your access to and use of the Service. Zendesk is an express beneficiary of this Agreement, and by purchasing a subscription to the Service, you expressly acknowledge and agree that Zendesk has the right to enforce this Agreement against you and that this Agreement constitutes the entire Agreement and all prior agreements between you and Zendesk with respect to your subscription to the Service or your access to or use under this Agreement and your agreement between you. and the reseller. By accepting this Agreement, either by accessing or using a Service, or by authorizing, authorizing or authorizing an agent or end user to access or use a Service, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company, organization, or other legal entity (a „Legal Entity”), you agree to this Agreement for that legal entity and represent to Zendesk that you have the authority to bind that entity and its affiliates to this Agreement, in which case the terms „Subscriber,” „you,” „Your,” or any related capital terms herein refer to that entity and its affiliates. If you do not have such authority or if you do not agree to this Agreement, you may not accept this Agreement and may not use any of the Services.
To order a subscription to the Solution on behalf of a specific End User, Reseller must place an order that references this Agreement and that Order must be accepted by Elastic Projects („Order”). Reseller may only sell the Solution to the End User specified in the Order („End User”). The order must also include the contact`s name, email address, and end-user location. Under no circumstances may the Solution be resold to any entity other than the End User. For the avoidance of doubt, the solution is licensed, not sold. .