Unless otherwise agreed to in a separate signed writing, Your access and use of SAP for Me, Materials, or any services provided on SAP for Me (any Services), are subject to this TOU. Additionally, Your use of SAP for Me, Materials, and 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 SAP for Me 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 SAP for Me, Materials, 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. Whenever there is a conflict between the terms in this TOU and Your software license, partnership and/or maintenance agreement, the terms of this TOU shall control Your access and use of SAP for Me, Materials and Services.
By accessing or using SAP for Me, 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 SAP for Me.
You agree not to reproduce any Confidential Information (defined below) to which you are provided access through SAP for Me in any form except as authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of SAP and/or its original owner 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 (c) not to disclose any Confidential Information to any party (i) without the prior written consent of SAP and (ii) only to bona fide individuals whose access is necessary to enable You to exercise Your rights under any applicable agreements with SAP consistent, and in compliance, with Section 10 below. You do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on Materials or Services, or compete with Materials or Services in whole or in part. As used herein, Confidential Information shall mean all trade secrets and other information, Materials or Services that SAP or third parties protect against unrestricted disclosure to others that is either labeled Confidential, accessed through SAP for Me, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure. Reasonable steps mean 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. You shall not be obligated to treat information as Confidential Information if such information (i) was rightfully in Your possession prior to receipt from or disclosure by SAP; (ii) is or becomes public knowledge other than through Your fault; (iii) is or was rightfully disclosed to You by a source other than SAP or any party under their respective control; (iv) is independently developed by You without use of the Confidential Information disclosed hereunder; or (v) must be disclosed by You according to mandatory applicable law. You are not permitted to access SAP or third party Confidential Information that You are not explicitly licensed to use as set forth in Your software license, partnership and/or maintenance agreement.
Your user ID and password (User Information) is provided to You for Your sole access to SAP for Me. You have to keep Your User Information secure. You are solely responsible with regard to usage and security of Your User Information and any activities that occur under Your account. You agree not to share your User Information with any third party other than (i) with SAP's prior written consent or (ii) bona fide individuals whose access is necessary to enable You to exercise Your rights under any applicable agreements with SAP consistent, and in compliance, with Section 10 below. You agree to notify SAP immediately upon discovery of any unauthorized use of Your User Information.
SAP for Me has the functionality for You to add contact information (First Name, Last Name, E-Mail address, phone number, customer contact role) of fellow employees of your company (“Individual”), who are responsible for certain SAP solutions or projects. You will take the steps required under applicable data protection law for SAP being able to process Individual’s personal data for the purposes set out herein and the Privacy Statement of SAP for Me, including, in particular to inform the affected data subjects and respond to any of their requests.
Please find the Privacy statement for SAP for Me separately outside of these TOU.
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 SAP for Me 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 third party software, or any Materials accessed on SAP for Me. 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 and Trademarks at the bottom of EACH web page comprising SAP for Me.
SAP for Me may contain links to external Web sites 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 sites. 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.
Your access to and use of any SAP software provided on SAP for Me is subject to Your separate software license, partnership and/or maintenance agreement for such SAP software which is supplemented by this TOU. All Intellectual Proprietary Rights to any SAP software, Materials and 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 works from, transfer, or sell any SAP software, Materials, or Services 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, Materials or Service made by You in contravention of this limitation.
You may provide input regarding SAP for Me including, without limitation, comments or suggestions regarding the possible creation, modification, correction, improvement or enhancement of SAP for Me (collectively "Feedback"). All Feedback is provided at the sole discretion of You. In order for SAP to utilize such Feedback, You grant to SAP a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license, with the right to sublicense to SAP's licensees and customers, under all Your relevant intellectual property rights, to use, publish, and disclose such Feedback and to display, perform, copy, make, have made, use, sell, and otherwise dispose of SAP's and its sublicensee's products or services embodying Feedback in any manner and via any media SAP chooses, without reference to the source. SAP shall be entitled to use Feedback for any purpose without restriction or remuneration of any kind with respect to You and/or Your representatives.
Usage of Materials and Services provided on SAP for Me is permitted only for Your sole business purpose in the scope of this TOU and Your valid software license, partnership agreement and/or maintenance agreement for SAP software. SAP software, Materials and/or Services made available on SAP for Me may not be accessed, used or distributed by or to any third party unless stated otherwise in Your valid software license, partnership and/or maintenance agreement. This restriction notwithstanding, Materials and Services may be accessed and used by third parties as long as such third party is acting on Your behalf or as Your subcontractor and in the scope of Your valid software license, partnership and/or maintenance agreement and solely for Your sole business purposes. You are responsible to ensure that any service of such third party is in compliance with this TOU and the requirements of such software license, partnership and/or maintenance agreement.
You are permitted to use SAP for Me only in strict compliance with the terms of this TOU and Your valid separate software license, partnership and/or maintenance agreement, so long as SAP Materials and Services are 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).
Use of SAP for Me for any other purpose is prohibited without the express permission of SAP.
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 SAP for Me. SAP may remove any Materials posted on SAP for Me at SAPs sole discretion in compliance with its respective software license and maintenance agreements. SAP shall not be liable to You or any third party for any termination or change to SAP for Me and/or the Materials and Services unless provided otherwise in its respective software license and maintenance agreements.
SAP has limits in place to ensure the availability of SAP for Me to all authorized users. Those limits are designed to protect SAP for Me from interference and disruptions that may result in damage to the network, including poor performance speeds and shut downs related to excessive usage or traffic on SAP for Me. For example, users downloading high volumes of SAP Notes at extreme rates of speed may interfere and damage the overall performance of SAP for Me and could even operate as a denial of service attack on the entire system. In SAP's sole discretion, such users or customers may be temporarily blocked from downloading SAP Notes to protect and ensure the stability of SAP for Me. Further, SAP reserves the right to change or modify any limits that are placed on Your use and access to SAP for Me, at any time and without notice, that SAP in its sole discretion determines are needed to protect SAP for Me.
You agree not to use SAP for Me to:
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 SAP for Me, Materials or Services, Your breach of this TOU or SAPs Copyright or Privacy Statements, or Your alleged violation of any other rights of a third party.
Unless provided otherwise in Your software license, partnership and/or maintenance agreement, SAP does not guarantee or warrant any features or qualities of SAP for Me, Materials, or Services or give any undertaking with regard to any other quality. To the fullest extent allowable by law SAP hereby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Statements and explanations to SAP for Me, Materials or Services in promotional material or on SAP for Me 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 You 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 or reliability of any (i) links to web-pages of third parties contained on SAP for Me, or the content obtainable on such web-pages or (ii) information provided by third parties on SAP for Me. SAP only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on SAP for Me 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 in SAP's discretion 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 SAP's willful misconduct, gross negligence or SAP's failure to fulfill its duty to review as stipulated herein.
Unless provided otherwise in Your software license, partnership and/or maintenance agreement, TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, SAP AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO YOU 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 SAP FOR ME, MATERIALS OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY MATERIALS, OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON SAP FOR ME ; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON SAP FOR ME; OR (v) ANY OTHER MATTER RELATING TO SAP FOR ME MATERIALS OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE BY SAP AND IN CASE OF SAPS STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
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.
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.
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.