Terms Of Use
Version 7
TERMS OF USE AGREEMENT FOR SAP’S CUSTOMER INFLUENCE
1. SCOPE
SAP SE, together with its wholly owned subsidiaries (collectively "SAP") created SAP’s Customer Influence website ("CI") to provide a forum where you ("You" or "Your") and other SAP software experts, developers, users, and other interested parties (each, a "User" and collectively, "Users") may share information, post comments, provide reviews, vote on prospective features and engage in conversation threads around SAPs products and services.
2. ACCEPTANCE OF TERMS
Unless otherwise agreed to in a separate signed writing, Your access and use of the CI, Content (defined in Section 3 below), or any forums, wikis, blogs, or services provided on CI (any "Services"), are subject to this Terms of Use Agreement (“TOU”). Additionally, Your use of the CI, Content, and the Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any, "Additional Legal Terms"), which may be posted on the CI where applicable. This TOU and the applicable Additional Legal Terms (together "Controlling Terms") form a legally binding agreement between You and SAP regarding Your access and use of the CI, Content, and the Services. Whenever there is a conflict between the terms in this TOU and the Additional Legal Terms, the terms in the Additional Legal Terms shall control. By accessing or using CI, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You must not attempt to access or use CI. Your access and use of any SAP software or related documentation provided on CI (together "SAP Software") shall be subject to a separate software license agreement made available to You at the time You access or download the SAP Software.
3. LICENSE
By transmitting, uploading or providing any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, suggestions, feedback, ideas, expression of ideas, other materials, or any posting to any forum, wiki, or blog to any web site on the CI or in any follow-up communications, meetings or discussions with SAP respecting such content (collectively, "Content"), You grant to SAP a perpetual, irrevocable, non-exclusive, world-wide, fully-paid up and royalty free license to use such Content without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to You or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Content, and all rights therein; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content or product; and to practice any method, embodying such Content (including the right to sublicense any of the foregoing). You further represent and warrant to SAP that You have the right, title, and/or authority to grant such license to SAP. SAP may elect not to post or publish the Content that You send or upload. If SAP elects to post or publish the Content, SAP may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.
You acknowledge and agree that the relationship between You and SAP is not a confidential, fiduciary, or other special relationship. SAP shall have the right, but not the obligation, to use Your name, likeness, biography and other information about You in connection with any use of the Content You provide. Nothing in this Agreement shall prohibit or restrict SAP’s right to create or obtain other Content similar to or competitive with the Content provided by You. SAP is under no obligation to post or use any Content You may provide and SAP may remove any Content at any time in its sole discretion, even if SAP has previously indicated to You that SAP might or will adopt Your Content.
4. SAP CONTACT AND DISCUSSIONS
SAP is not obligated to evaluate or provide any comments to You regarding Your Content. At SAP’s sole discretion, SAP may contact You with critiques, updates, feedback or questions regarding Your Content (including the status of SAP’s evaluation of Your Content) or invite You to participate in follow-up communications, meetings or discussions respecting Your Content. Any Content that You disclose during such communications, meeting and discussions will be deemed Content under this TOU and subject to the license grant in Section 3 above. In no event will any such contact, communications, meetings or discussions from SAP obligate SAP to adopt Your Content, provide a timeframe for evaluation, or even provide any additional communication regarding Your Content.
5. CHANGE AND NOTICES
SAP reserves the right to make changes to this TOU and to modify, change or discontinue any part or all of the CI and/or the Services at any time. SAP shall notify You of any changes to this TOU when You visit the CI and require You to accept such changes before continuing. SAP may make changes to its products, service offerings and SAP Software at any time without notice.
THE MOST CURRENT VERSION OF THIS TOU CAN BE ACCESSED BY CLICKING THE ‘TERMS OF USE’ LINK AT THE BOTTOM OF EACH WEB PAGE COMPRISING THE CI OR BY CLICKING THE ‘TERMS & CONDITIONS > TERMS OF USE’ LINK AT YOUR USER ACCOUNT DROPDOWN MENU.
6. CONFIDENTIAL INFORMATION
A. Except for websites within CI which are clearly identified as non-public forums (each a "Non-Public Forum"), the CI is intended to be a public forum and You agree not to provide SAP or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Except for Content clearly labeled as confidential that You upload into a Non-Public Forum, any Content that You send or upload to CI will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such Content.
B. You agree not to reproduce any Confidential Information to which You are provided access through CI in any form except as authorized at the time of disclosure. Any reproduction of SAP Confidential Information shall remain the property of SAP and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (d) not to disclose any Confidential Information to any party without the prior written consent of SAP. You do not acquire any rights in Confidential Information except the limited rights as described herein. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Software or Services, or compete with SAP Software or Services in whole or in part. As used herein, ‘Confidential Information’ shall mean all trade secrets and other information or Services which SAP or third parties protect against unrestricted disclosure to others which is either labeled Confidential, accessed through a restricted or non-public area of CI, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and ‘reasonable steps’ means those steps You and/or Your Company take to protect Your own similar Confidential Information, which shall not be less than a reasonable standard of care.
ALL UPLOADS BY YOU INTO CI, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK AND SAP TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF CI.
7. YOUR INFORMATION, PRIVACY, AND DATA PROTECTION
You are solely responsible to provide SAP with Your complete, true, and current User information and to keep Your User information accurate and up to date. You are solely responsible with regard to usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time. You understand and agree that SAP collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Services subject to the Privacy Policy of CI. Collection and processing of such personal information will be treated in compliance with SAPs Privacy Policy, the Federal German Data Protection Act (Bundesdatenschutzgesetz), and other applicable legislation. You agree that SAP may access, preserve and disclose Your account information and/or Content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any Content violates the rights of third parties or (iv) protect the rights, property or personal safety of SAP, Users, and the public.
YOU AGREE TO COMPLY WITH THE TERMS OF THE PRIVACY POLICY OF CI, WHICH CAN BE FOUND BELOW OR BY CLICKING ON THE ‘PRIVACY POLICY’ LINK AT THE BOTTOM OF EACH WEB PAGE COMPRISING CI OR BY CLICKING ON THE ‘TERMS & CONDITIONS > PRIVACY POLICY’ LINK AT YOUR USER PROFILE DROPDOWN MENU.
8. COPYRIGHT POLICY
All SAP Software is the copyrighted work of SAP. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. You agree that You will not use CI to infringe the Intellectual Property Rights of SAP or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of SAP Software, third party software, or any Content accessed on the CI. As used herein, ‘Intellectual Property Rights’ means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications 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.
YOU AGREE TO COMPLY WITH THE TERMS OF THE ‘SAP COPYRIGHT POLICY’, WHICH CAN BE FOUND BELOW OR BY CLICKING ON ‘Copyright’ LINK AT THE BOTTOM OF EACH WEB PAGE COMPRISING THE CI OR BY CLICKING ON THE ‘TERMS & CONDITIONS > COPYRIGHT’ LINK AT YOUR USER PROFILE DROPDOWN MENU.
9. RESPONSIBILITY FOR LINKS AND CONTENT
SAP IS ONLY RESPONSIBLE OR LIABLE FOR THE CONTENT POSTED ON CI TO THE EXTENT REQUIRED BY THE GERMAN TELEMEDIA ACT (TELEMEDIENGESETZ, TMG) AND TO THE FULLEST EXTENT OF APPLICABLE LAW, YOUR USE OF CONTENT SHALL BE AT YOUR OWN RISK. CI may contain links to external websites and information provided on such external websites by SAP partners and third-party service providers. SAP shall not be responsible for the contents of any linked website, or any changes or updates to such websites. You further agree that SAP shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on or through any such linked website. Any Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content.
10. INTELLECTUAL PROPERTY RIGHTS
Subject to any licenses You grant to SAP pursuant to this Agreement, You shall retain ownership of all Intellectual Property Rights in and to the Content provided by You on CI to the extent You are the owner or holder of the Intellectual Property Rights. Nothing in this Agreement shall prohibit You from selling or licensing Your Content to any other party under a separate agreement.
All Intellectual Proprietary Rights to any SAP Software and the Services shall belong to SAP. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any SAP Software for any reason unless otherwise permitted by law. You hereby agree to assign and do assign to SAP any modifications or derivative works of any SAP Software made by You in contravention of this limitation.
11. PERMISSIBLE USE OF CI
You agree not to access or utilize the CI or Services for purposes that are inconsistent with SAP’s legitimate business interests.
• You are permitted to Use the Services only in strict compliance with the terms of this TOU to obtain information, so long as that information is not being gathered for a use in any manner which is or could be detrimental to SAP (unless such use is otherwise protected by law), and/or to provide feedback or other constructive comments to SAP (both positive and negative) and the CI Community.
• Use of the Services for any other purpose is prohibited without the express permission of SAP.
12. TERMINATION AND ACCOUNTABILITY
In the event You are in material breach of the Controlling Terms, SAP may, at its sole discretion, suspend or terminate Your account and refuse You any current or future use of CI. SAP may remove any Content posted on CI at SAPs sole discretion. SAP shall not be liable to You or any third party for any termination or change to CI and/or the Services. If You send or upload Content that is confidential or proprietary of a third party without that third party’s permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of CI or any other Users computer system, SAP may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws.
You agree not to use CI to:
• publish, upload, post, email, transmit or otherwise make available any Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
• defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
• impersonate any person or entity, including, but not limited to, an SAP official, SAP employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
• download any file or Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
• interfere with or disrupt the Services, servers, or networks which support the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
• violate any applicable local, state, national or international law and any regulations;
• harvest, collect, or store personal information or data of other Users.
SAP may, by providing thirty (30) days prior written notice (including email) stating the extent and effective date, terminate this Agreement for convenience in whole or in part at any time.
13. SPECIFIC TERMS TO SAP SOFTWARE AVAILABLE ON CI
Use of the SAP Software is governed by a software license agreement ("License Agreement") which accompanies such SAP Software. You may not use or install any SAP Software which is accompanied by a License Agreement until You first agree to the terms of the License Agreement. You must not modify, decompile, or reverse engineer any SAP Software, except to the extent expressly permitted by applicable law.
14. INDEMNITY
You agree to indemnify and hold SAP, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Your Content or Your usage of the CI or Services, Your breach of this TOU or SAPs Copyright or Privacy Policys, or Your alleged violation of any other rights of a third party.
15. EXCLUSION OF SOFTWARE WARRANTIES
The CI, Content, and Services are being provided to You AS IS. To the fullest extent allowable by law, SAP does not guarantee or warrant any features or qualities of the CI, Content, or Services or give any undertaking with regard to any other quality. Statements and explanations to CI, Content or Services in promotional material or on CI and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published SAP description of or advertisement except to the extent SAP has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of SAPs management.
SAP does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any (i) links to web-pages of third parties contained on CI, or the content obtainable on such web-pages or (ii) information provided by third parties on CI. SAP only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on the CI evidently contains illegal contents or infringements against intellectual property rights. SAP will not permanently control and/or review the linked web-pages and the information provided by third parties but upon sufficiently proven indication will remove the respective link and/or information. SAP shall not be liable for damages caused by the use of the content and/or information, unless such damages have been caused by SAPs willful misconduct, gross negligence or SAPs failure to fulfill its duty to review as stipulated herein.
16. LIMITATION OF LIABILITY
SAP will not be liable or responsible in any way for any Content posted on or linked from CI including, but not limited to, any errors or omissions in Content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any Content.
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, SAP AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE CI, SAP SOFTWARE, OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY SAP SOFTWARE, CONTENT, OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON CI; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON CI; OR (v) ANY OTHER MATTER RELATING TO CI OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY SAP AND IN CASE OF SAPS STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
17. APPLICABLE LAW
This site is created and controlled by SAP in Germany. Therefore, the laws of Germany will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
18. SURVIVAL
Your confidentiality obligations hereunder shall survive termination of Your account. Upon any termination of Your account, or SAPs written request, You must cease use of Confidential Information, Discoveries, and/or Services and return or destroy all Confidential Information in Your possession or control.
19. WAIVER AND SEVERABILITY
The failure of SAP to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
20. EXPORT CONTROL
You agree that Your use of CI or the Services will be in compliance with U.S. and EU export control laws and executive orders. The information provided on and through CI may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States and the European Union.
IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE "CONTROLLED" AS DEFINED BY LAW.
CI may not be accessed or used by any national of certain countries or groups against which the United States and/or European Union have instituted sanctions (including Iran, Cuba, North Korea, Syria, Sudan and Zimbabwe), Specially Designated Nationals, and other proscribed persons who are listed on the Denied Parties list. Further restrictions apply to any end user who will utilize Content provided on CI in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems; or any end user who has been prohibited from participating in the US and/or EU export transactions by any agency of the US government or European Union.
Access Outside of the United States and European Union. If You are accessing CI from outside the United States or the European Union, You are doing so at Your own risk, and You remain fully responsible and liable for familiarity and compliance with these Terms as well as with the laws, regulations, directives, codes, and rules of the United States and European Union, including its import and export compliance laws and regulations, as well those of the jurisdiction from which You are accessing CI, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on CI, or any commercial transactions conducted on or through CI.
Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use CI, Your access of CI, including the presentment of any authorized user ID and password, constitutes Your express representation that (1) the person attempting access thereunder is not a national of any such sanctioned country or group or a Specially Designated National, and (2) is not included on such Denied Parties list, 3) has not been prohibited from participating in US and/or EU export transactions; 4) such use is not restricted, and (5) that, as an Authorized User, You have not disclosed or provided such password and user ID to any such person for use under Your registration. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph.
1. SCOPE
SAP SE, together with its wholly owned subsidiaries (collectively "SAP") created SAP’s Customer Influence website ("CI") to provide a forum where you ("You" or "Your") and other SAP software experts, developers, users, and other interested parties (each, a "User" and collectively, "Users") may share information, post comments, provide reviews, vote on prospective features and engage in conversation threads around SAPs products and services.
2. ACCEPTANCE OF TERMS
Unless otherwise agreed to in a separate signed writing, Your access and use of the CI, Content (defined in Section 3 below), or any forums, wikis, blogs, or services provided on CI (any "Services"), are subject to this Terms of Use Agreement (“TOU”). Additionally, Your use of the CI, Content, and the Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any, "Additional Legal Terms"), which may be posted on the CI where applicable. This TOU and the applicable Additional Legal Terms (together "Controlling Terms") form a legally binding agreement between You and SAP regarding Your access and use of the CI, Content, and the Services. Whenever there is a conflict between the terms in this TOU and the Additional Legal Terms, the terms in the Additional Legal Terms shall control. By accessing or using CI, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You must not attempt to access or use CI. Your access and use of any SAP software or related documentation provided on CI (together "SAP Software") shall be subject to a separate software license agreement made available to You at the time You access or download the SAP Software.
3. LICENSE
By transmitting, uploading or providing any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, suggestions, feedback, ideas, expression of ideas, other materials, or any posting to any forum, wiki, or blog to any web site on the CI or in any follow-up communications, meetings or discussions with SAP respecting such content (collectively, "Content"), You grant to SAP a perpetual, irrevocable, non-exclusive, world-wide, fully-paid up and royalty free license to use such Content without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to You or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Content, and all rights therein; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content or product; and to practice any method, embodying such Content (including the right to sublicense any of the foregoing). You further represent and warrant to SAP that You have the right, title, and/or authority to grant such license to SAP. SAP may elect not to post or publish the Content that You send or upload. If SAP elects to post or publish the Content, SAP may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.
You acknowledge and agree that the relationship between You and SAP is not a confidential, fiduciary, or other special relationship. SAP shall have the right, but not the obligation, to use Your name, likeness, biography and other information about You in connection with any use of the Content You provide. Nothing in this Agreement shall prohibit or restrict SAP’s right to create or obtain other Content similar to or competitive with the Content provided by You. SAP is under no obligation to post or use any Content You may provide and SAP may remove any Content at any time in its sole discretion, even if SAP has previously indicated to You that SAP might or will adopt Your Content.
4. SAP CONTACT AND DISCUSSIONS
SAP is not obligated to evaluate or provide any comments to You regarding Your Content. At SAP’s sole discretion, SAP may contact You with critiques, updates, feedback or questions regarding Your Content (including the status of SAP’s evaluation of Your Content) or invite You to participate in follow-up communications, meetings or discussions respecting Your Content. Any Content that You disclose during such communications, meeting and discussions will be deemed Content under this TOU and subject to the license grant in Section 3 above. In no event will any such contact, communications, meetings or discussions from SAP obligate SAP to adopt Your Content, provide a timeframe for evaluation, or even provide any additional communication regarding Your Content.
5. CHANGE AND NOTICES
SAP reserves the right to make changes to this TOU and to modify, change or discontinue any part or all of the CI and/or the Services at any time. SAP shall notify You of any changes to this TOU when You visit the CI and require You to accept such changes before continuing. SAP may make changes to its products, service offerings and SAP Software at any time without notice.
THE MOST CURRENT VERSION OF THIS TOU CAN BE ACCESSED BY CLICKING THE ‘TERMS OF USE’ LINK AT THE BOTTOM OF EACH WEB PAGE COMPRISING THE CI OR BY CLICKING THE ‘TERMS & CONDITIONS > TERMS OF USE’ LINK AT YOUR USER ACCOUNT DROPDOWN MENU.
6. CONFIDENTIAL INFORMATION
A. Except for websites within CI which are clearly identified as non-public forums (each a "Non-Public Forum"), the CI is intended to be a public forum and You agree not to provide SAP or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Except for Content clearly labeled as confidential that You upload into a Non-Public Forum, any Content that You send or upload to CI will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such Content.
B. You agree not to reproduce any Confidential Information to which You are provided access through CI in any form except as authorized at the time of disclosure. Any reproduction of SAP Confidential Information shall remain the property of SAP and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (d) not to disclose any Confidential Information to any party without the prior written consent of SAP. You do not acquire any rights in Confidential Information except the limited rights as described herein. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Software or Services, or compete with SAP Software or Services in whole or in part. As used herein, ‘Confidential Information’ shall mean all trade secrets and other information or Services which SAP or third parties protect against unrestricted disclosure to others which is either labeled Confidential, accessed through a restricted or non-public area of CI, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and ‘reasonable steps’ means those steps You and/or Your Company take to protect Your own similar Confidential Information, which shall not be less than a reasonable standard of care.
ALL UPLOADS BY YOU INTO CI, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK AND SAP TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF CI.
7. YOUR INFORMATION, PRIVACY, AND DATA PROTECTION
You are solely responsible to provide SAP with Your complete, true, and current User information and to keep Your User information accurate and up to date. You are solely responsible with regard to usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time. You understand and agree that SAP collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Services subject to the Privacy Policy of CI. Collection and processing of such personal information will be treated in compliance with SAPs Privacy Policy, the Federal German Data Protection Act (Bundesdatenschutzgesetz), and other applicable legislation. You agree that SAP may access, preserve and disclose Your account information and/or Content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any Content violates the rights of third parties or (iv) protect the rights, property or personal safety of SAP, Users, and the public.
YOU AGREE TO COMPLY WITH THE TERMS OF THE PRIVACY POLICY OF CI, WHICH CAN BE FOUND BELOW OR BY CLICKING ON THE ‘PRIVACY POLICY’ LINK AT THE BOTTOM OF EACH WEB PAGE COMPRISING CI OR BY CLICKING ON THE ‘TERMS & CONDITIONS > PRIVACY POLICY’ LINK AT YOUR USER PROFILE DROPDOWN MENU.
8. COPYRIGHT POLICY
All SAP Software is the copyrighted work of SAP. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. You agree that You will not use CI to infringe the Intellectual Property Rights of SAP or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of SAP Software, third party software, or any Content accessed on the CI. As used herein, ‘Intellectual Property Rights’ means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications 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.
YOU AGREE TO COMPLY WITH THE TERMS OF THE ‘SAP COPYRIGHT POLICY’, WHICH CAN BE FOUND BELOW OR BY CLICKING ON ‘Copyright’ LINK AT THE BOTTOM OF EACH WEB PAGE COMPRISING THE CI OR BY CLICKING ON THE ‘TERMS & CONDITIONS > COPYRIGHT’ LINK AT YOUR USER PROFILE DROPDOWN MENU.
9. RESPONSIBILITY FOR LINKS AND CONTENT
SAP IS ONLY RESPONSIBLE OR LIABLE FOR THE CONTENT POSTED ON CI TO THE EXTENT REQUIRED BY THE GERMAN TELEMEDIA ACT (TELEMEDIENGESETZ, TMG) AND TO THE FULLEST EXTENT OF APPLICABLE LAW, YOUR USE OF CONTENT SHALL BE AT YOUR OWN RISK. CI may contain links to external websites and information provided on such external websites by SAP partners and third-party service providers. SAP shall not be responsible for the contents of any linked website, or any changes or updates to such websites. You further agree that SAP shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on or through any such linked website. Any Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content.
10. INTELLECTUAL PROPERTY RIGHTS
Subject to any licenses You grant to SAP pursuant to this Agreement, You shall retain ownership of all Intellectual Property Rights in and to the Content provided by You on CI to the extent You are the owner or holder of the Intellectual Property Rights. Nothing in this Agreement shall prohibit You from selling or licensing Your Content to any other party under a separate agreement.
All Intellectual Proprietary Rights to any SAP Software and the Services shall belong to SAP. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any SAP Software for any reason unless otherwise permitted by law. You hereby agree to assign and do assign to SAP any modifications or derivative works of any SAP Software made by You in contravention of this limitation.
11. PERMISSIBLE USE OF CI
You agree not to access or utilize the CI or Services for purposes that are inconsistent with SAP’s legitimate business interests.
• You are permitted to Use the Services only in strict compliance with the terms of this TOU to obtain information, so long as that information is not being gathered for a use in any manner which is or could be detrimental to SAP (unless such use is otherwise protected by law), and/or to provide feedback or other constructive comments to SAP (both positive and negative) and the CI Community.
• Use of the Services for any other purpose is prohibited without the express permission of SAP.
12. TERMINATION AND ACCOUNTABILITY
In the event You are in material breach of the Controlling Terms, SAP may, at its sole discretion, suspend or terminate Your account and refuse You any current or future use of CI. SAP may remove any Content posted on CI at SAPs sole discretion. SAP shall not be liable to You or any third party for any termination or change to CI and/or the Services. If You send or upload Content that is confidential or proprietary of a third party without that third party’s permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of CI or any other Users computer system, SAP may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws.
You agree not to use CI to:
• publish, upload, post, email, transmit or otherwise make available any Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
• defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
• impersonate any person or entity, including, but not limited to, an SAP official, SAP employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
• download any file or Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
• interfere with or disrupt the Services, servers, or networks which support the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
• violate any applicable local, state, national or international law and any regulations;
• harvest, collect, or store personal information or data of other Users.
SAP may, by providing thirty (30) days prior written notice (including email) stating the extent and effective date, terminate this Agreement for convenience in whole or in part at any time.
13. SPECIFIC TERMS TO SAP SOFTWARE AVAILABLE ON CI
Use of the SAP Software is governed by a software license agreement ("License Agreement") which accompanies such SAP Software. You may not use or install any SAP Software which is accompanied by a License Agreement until You first agree to the terms of the License Agreement. You must not modify, decompile, or reverse engineer any SAP Software, except to the extent expressly permitted by applicable law.
14. INDEMNITY
You agree to indemnify and hold SAP, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Your Content or Your usage of the CI or Services, Your breach of this TOU or SAPs Copyright or Privacy Policys, or Your alleged violation of any other rights of a third party.
15. EXCLUSION OF SOFTWARE WARRANTIES
The CI, Content, and Services are being provided to You AS IS. To the fullest extent allowable by law, SAP does not guarantee or warrant any features or qualities of the CI, Content, or Services or give any undertaking with regard to any other quality. Statements and explanations to CI, Content or Services in promotional material or on CI and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published SAP description of or advertisement except to the extent SAP has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of SAPs management.
SAP does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any (i) links to web-pages of third parties contained on CI, or the content obtainable on such web-pages or (ii) information provided by third parties on CI. SAP only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on the CI evidently contains illegal contents or infringements against intellectual property rights. SAP will not permanently control and/or review the linked web-pages and the information provided by third parties but upon sufficiently proven indication will remove the respective link and/or information. SAP shall not be liable for damages caused by the use of the content and/or information, unless such damages have been caused by SAPs willful misconduct, gross negligence or SAPs failure to fulfill its duty to review as stipulated herein.
16. LIMITATION OF LIABILITY
SAP will not be liable or responsible in any way for any Content posted on or linked from CI including, but not limited to, any errors or omissions in Content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any Content.
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, SAP AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE CI, SAP SOFTWARE, OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY SAP SOFTWARE, CONTENT, OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON CI; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON CI; OR (v) ANY OTHER MATTER RELATING TO CI OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY SAP AND IN CASE OF SAPS STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
17. APPLICABLE LAW
This site is created and controlled by SAP in Germany. Therefore, the laws of Germany will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
18. SURVIVAL
Your confidentiality obligations hereunder shall survive termination of Your account. Upon any termination of Your account, or SAPs written request, You must cease use of Confidential Information, Discoveries, and/or Services and return or destroy all Confidential Information in Your possession or control.
19. WAIVER AND SEVERABILITY
The failure of SAP to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
20. EXPORT CONTROL
You agree that Your use of CI or the Services will be in compliance with U.S. and EU export control laws and executive orders. The information provided on and through CI may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States and the European Union.
IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE "CONTROLLED" AS DEFINED BY LAW.
CI may not be accessed or used by any national of certain countries or groups against which the United States and/or European Union have instituted sanctions (including Iran, Cuba, North Korea, Syria, Sudan and Zimbabwe), Specially Designated Nationals, and other proscribed persons who are listed on the Denied Parties list. Further restrictions apply to any end user who will utilize Content provided on CI in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems; or any end user who has been prohibited from participating in the US and/or EU export transactions by any agency of the US government or European Union.
Access Outside of the United States and European Union. If You are accessing CI from outside the United States or the European Union, You are doing so at Your own risk, and You remain fully responsible and liable for familiarity and compliance with these Terms as well as with the laws, regulations, directives, codes, and rules of the United States and European Union, including its import and export compliance laws and regulations, as well those of the jurisdiction from which You are accessing CI, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on CI, or any commercial transactions conducted on or through CI.
Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use CI, Your access of CI, including the presentment of any authorized user ID and password, constitutes Your express representation that (1) the person attempting access thereunder is not a national of any such sanctioned country or group or a Specially Designated National, and (2) is not included on such Denied Parties list, 3) has not been prohibited from participating in US and/or EU export transactions; 4) such use is not restricted, and (5) that, as an Authorized User, You have not disclosed or provided such password and user ID to any such person for use under Your registration. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph.