Business Objects Software Limited, trading as "SAP Solutions", with its principal place of business at 1012 - 1014 Kingswood Avenue, Citywest Business Campus, Dublin 24, Ireland ("SAP") created the SAP App Center which you (You or Your) use and access to obtain information on software and cloud services (Applications) from SAP and authorized solution partners (Partner(s)). Furthermore, the SAP App Center serves as a marketing and distribution platform for authorized solution partners (Partner(s)). Purchasing or licensing of any products offered on the SAP App Center is NOT available for consumers, but solely for merchants/corporations and requires an existing SAP system.
Unless otherwise agreed to in a separate signed writing, Your access and use of the SAP App Center, Content (defined in Section 7 below), or any forums, wikis, blogs, or services provided on the SAP App Center (any Services), are subject to this TOU. Additionally, Your use of the SAP App Center, Content, and the Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements either between a) You and SAP, or b) You and an SAP group company, (any Additional Legal Terms) or c) You and a Partner (any Partner Terms), which may be posted on the SAP App Center where applicable. These TOU and the applicable Additional Legal Terms form a legally binding agreement between You and SAP regarding Your access and use of the SAP App Center, 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 the SAP App Center, 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 the SAP App Center. Your access and use of any Application or related documentation made available through the SAP App Center shall be subject to a separate license agreements (Additional Legal Terms or Partner Terms) made available to You by a Partner at the time You order, access or download such third party products.
For any products or services offered by Partners, only Partner Terms apply to such products and services. Such Partner Terms need to be accepted separately by You. SAP is not a party to any agreement between You and a Partner.
For purchases made on SAP App Center, you agree to receive invoices in electronic format, e.g. via e-mail.
In addition, and in accordance with the use of information described in the SAP Privacy Statement, by registering with the SAP App Center, you agree to set e-mail address as your default method of communication with the SAP App Center and selected third-party providers if you choose to obtain third-party services available through the SAP App Center.
SAP reserves the right to make changes to this TOU and to modify, change or discontinue any part or all of the SAP App Center and/or the Services at any time. SAP may notify You of any changes to this TOU, the SAP App Center, and/or the Services when You visit the SAP App Center, via email, or by updating the TOU which can be viewed via the Legal Terms link. SAP and Partners may make changes to their products and service offerings at any time without notice.
THE MOST CURRENT VERSION OF THIS TOU CAN BE ACCESSED BY CLICKING LEGAL TERMS WHICH IS INCLUDED ON THE BOTTOM OF EACH WEB PAGE COMPRISING THE SAP APP CENTER.
A. Except for Web sites within the SAP App Center which are clearly identified as non-public forums (each a Non-Public Forum), the SAP App Center 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 the SAP App Center 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 uploaded Content.
B. You agree not to reproduce any Confidential Information to which you are provided access through the SAP App Center 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:
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 the Applications or Services, or compete with the Applications 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 area of the SAP App Center, 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 THE SAP APP CENTER, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK AND TO THE MAXIMUM EXTENT PERMITTED BY LAW SAP TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF THE SAP APP CENTER.
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 SAPs Privacy Statement. Where SAP through the SAP App Center temporarily collect and utilize Your credit card or other personal information provided by You for the purposes of processing a license, rental or purchase contract for products of Partners, collection and processing of such personal information will be treated in compliance with SAPs Privacy Statement, the Data Protection Acts, 1988 and 2003, and 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:
Especially with regards to (4) You explicitly agree that such information is provided to the respective Partner for the purposes of delivery/distribution and licensing of such partner products.
YOU AGREE TO COMPLY WITH THE TERMS OF THE SAP PRIVACY STATEMENT, WHICH CAN BE FOUND BY BELOW OR BY CLICKING ON PRIVACY AT THE BOTTOM OF EACH WEB PAGE COMPRISING THE SAP APP CENTER.
Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder rights. You agree that You will not use the SAP App Center to infringe the Intellectual Property Rights of SAP, Partners 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 Applications, or any Content accessed on the SAP App Center.
As used herein, Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights and related rights, trademarks, service marks, business names and domain names, goodwill, trade secrets or confidentiality rights, and any other intangible property rights including all applications or rights to apply for and be granted any of the foregoing, renewals and extensions of and rights to claim priority from such rights, and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world, whether arising under statutory or common law or by contract.
You agree to comply with the terms of the SAP Copyright Policy, which can be found BELOW OR by clicking on Legal TERMS at the bottom of EACH web page comprising the SAP App Center.
SAP is only responsible or liable for the Content posted on the SAP App Center to the extent prescribed by applicable law under the European Communities (Directive 2000/31/EC) Regulations 2003. Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on the SAP App Center (any Content), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content. The SAP App Center 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 Web site, 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 Web site.
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 the SAP App Center 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. By transmitting or uploading Content to SAP, You grant SAP a perpetual, unlimited, sub-licensable, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the Content; 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) solely in connection with the promoting and marketing of Applications pursuant to this Agreement and as necessary to publish and distribute the Content to Customers and Partners through the SAP App Center. 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. All Intellectual Proprietary Rights to any SAP product, the SAP App Center and the Services shall belong to SAP or its subcontractors. 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 Application, Services or SAP product 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 Application or SAP product made by You in contravention of this limitation.
9.1 You agree not to access or utilize the Services or access the SAP App Center for purposes that are inconsistent with SAP's legitimate business interests. In particular, You are permitted to use the Services and the SAP App Center only in strict compliance with the terms of this TOU to a) 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 b) to provide feedback or other constructive comments to SAP (both positive and negative) and/or c) buy and/or license Applications through the SAP App Center.
9.2 EXPORT LAW AND TRADE SANCTIONS COMPLIANCE
The Services provided hereunder are subject to the export laws and trade sanctions of Germany, the European Union and the United States of America (“Applicable Export Laws”).
You hereby confirm that:
a) You will not use the Service, and will not allow the Service to be used for, any purposes prohibited by Applicable Export Laws, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction;
b) You are not located in the Crimea Region, Cuba, Iran, North Korea, Syria, nor any other country subject to similar restrictions imposed by Applicable Export Laws ("Embargoed Country");
c) You are not a citizen, national or resident of, and are not under the control of, an Embargoed Country;
d) You will not use, directly or indirectly, the Service in an Embargoed Country;
e) You are not listed on any sanctioned party list imposed by Applicable Export Laws; and
f) You will not use or make available the Service, directly or indirectly, to persons on the above-mentioned lists.
You hereby acknowledge and agree that SAP is required to take measures to prevent unauthorized access to the Service. You therefore acknowledge and agree that SAP may
a) automatically check any user registration data and other information you provide about your identity against applicable Embargoed Country lists and applicable sanctioned party lists;
b) regularly repeat such checks whenever an applicable Embargoed Country lists and applicable sanctioned party lists is updated or when you update your information;
c) block your access to the Service in case of a potential match; and
d) in case of a potential match contact you in order to confirm your identity.
You also acknowledge that in case of a potential match this may considerably delay or prevent your access to the Service.
In the event You are in material breach of these TOU or any Additional Legal Terms, SAP may, at its sole discretion, suspend or terminate Your account and refuse You any current or future use of the SAP App Center. SAP may remove any Content posted on the SAP App Center at SAPs sole discretion. SAP shall not be liable to You or any third party for any termination or change to the SAP App Center 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 the SAP App Center 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 the SAP App Center to:
A. SAP provides the SAP App Center as a marketplace to customers and prospects of Partner Applications. SAP or its subcontractors do not become party to an agreement between You and a Partner, but only provide the SAP App Center as a service/infrastructure provider. SAP does not interfere with the contractual relationship between You and a Partner in case of conflicts. You agree to solve any conflicts or issues with a Partner only with such partner. When You license/buy a product of a Partner for or on behalf of Your Company, the SAP App Center infrastructure will inform the respective Partner of the transaction. You will receive an automatic confirmation of the transaction from the SAP App Center and information about deployment/availability of the purchased/licensed product from the Partner. To the extent the SAP App Center performs any invoicing/billing functions for any products offered by Partners, it acts only on behalf of such Partner. You explicitly agree that SAP may use Your Company's master data to facilitate purchase/licensing of products offered by Partners. Such data will be used in the electronic contracting process offered by the SAP App Center.
B. Trial functionality: Partners may make versions of their Applications available via the SAP App Center free of charge for testing and evaluation purposes only ("Trial Applications"). Access to Trial Application requires You to accept Partner's end user terms for the Trial Application and may be limited to a period of time defined solely by Partner ("Trial Period") which is no longer than 180 days.
The Services include components of SAP Cloud Platform that may be required to enable Your internal testing and evaluation of Trial Applications. These components are specified in the Partner's description of the Trial Application on the SAP App Center. You may use SAP Cloud Platform for these purposes only. You are not permitted to use SAP Cloud Platform in a productive manner or in any commercial manner. The right to use SAP Cloud Platform is worldwide, with the exception of those countries listed on http://www.sap.com/company/legal/index.epx and subject to applicable export control laws.
You may permit access to SAP Cloud Platform provided in conjunction with Trial Applications only to employees of Your Company ("Authorized Users"). Usage may be limited to the volumes and metrics if stated in the Trial Application end user terms.
SAP shall provide no support services for SAP Cloud Platform under this Agreement and has no obligation to provide any particular service level.
SAP Cloud Platform provided by SAP to You under this Agreement is only intended to be used for purposes that do not require the use of real, productive data. As a consequence, You will not enter or otherwise make accessible to SAP any personal data (i.e. any information that can be used to directly or indirectly identify an individual) while using SAP Cloud Platform hereunder. Following the end of the Trial Period, SAP will delete or overwrite any content, data or other materials You entered into SAP Cloud Platform.
You acknowledge that the functionality to provision Trial Applications offered by SAP is not generally available, not validated and not quality assured in accordance with SAP's standard processes ("Beta Functionality").
You agree to indemnify and hold SAP, its affiliates, subsidiaries, officers, agents, partners, employees, subcontractors 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 SAP App Center 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.
The SAP App Center, Content, and Services are being provided to You AS IS. To the fullest extent allowable by law SAP disclaims all warranties, express or implied. SAP does not guarantee or warrant any features, qualities, or availability of the SAP App Center, Content, or Services or give any undertaking with regard to any other quality. In particular, SAP does not warrant that the SAP App Center is available without interruption or on a permanent basis. Statements and explanations to the SAP App Center, Content or Services in promotional material or on the SAP App Center 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 or reliability of any (i) links to web-pages of third parties contained on the SAP App Center, or the content obtainable on such web-pages or (ii) information provided by third parties on the SAP App Center. SAP only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on the SAP App Center 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 in accordance with applicable law. 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 or SAPs failure to fulfill its commitment to review the Content and/or information as stipulated herein.
TO THE GREATEST EXTENT ALLOWABLE BY APPLICABLE LAW, SAP AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
IN PARTICULAR, SAP WILL NOT BE LIABLE FOR:
HOWSOEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE.
This site is created and controlled by SAP in Ireland. Therefore, the laws of Ireland 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.
The respective Merchant of Record is identified during the check-out in the SAP App Center and on the invoice provided to you following the purchase. The seller information is also provided on the Product Page in the "Details" section. SAP is not the Merchant of Record for any purchase on the SAP App Center.
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, 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.
In order to list on the SAP App Center as a partner, you must have one of the following valid partnership agreements with SAP:
Use of SAP's automated trial application delivery mechanism or the electronic ordering mechanism on the SAP App Center require one of the agreements above.
All apps to be transacted or newly listed on the SAP App Center must pass the Application Readiness Check (ARC) or any other approved and required application validation.
The SAP App Center currently supports the following methods for you to collect customer payments:
Contact us for more details.