2. ACCEPTANCE OF TERMS
Your access and use of the Experience Community Website, Content (defined in Section 3 below), or any forums, wikis, blogs, or services provided on the Experience Community Website (any “Services“), are subject to this TOU. Additionally, Your use of the Experience Community Website, 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 Experience Community Website 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 Experience Community Website, 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 Experience Community Website, 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 Experience Community Website. Your access and use of any SAP software or related documentation provided on the Experience Community Website (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.
By transmitting or uploading any Content (defined below) to the Experience Community Website, You grant to SAP a perpetual, irrevocable, nonexclusive, worldwide, 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 containing the Content; 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 remove the posted or published information from the Experience Community Website for any reason and without notice, even if SAP has previously indicated to You that SAP might or will adopt, post, or use Content You submitted. As used herein, “Content” shall mean any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, suggestions, feedback, comments, ideas, expression of ideas, other materials, or any posting to any forum, wiki, or blog to any web page on the Experience Community Website.
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 submit. Nothing in this Agreement shall prohibit or restrict SAP’s right to create or obtain other submissions similar to or competitive with those submitted by You.
4. SAP MAY CONTACT YOU
SAP is not obligated to evaluate or provide any comments to You regarding Content You submit. At SAP’s sole discretion, SAP may contact You with critiques, updates, feedback or questions regarding Your submission, including the status of SAP’s evaluation of Your submission. In no event will any such contact or communication from SAP obligate SAP to adopt, use, post, provide a timeframe for evaluation, or even provide any additional communication regarding Your submission.
SAP may also contact You for additional reasons, including (but not limited to) verifying account information, to providing notifications and updates, or for administrative purposes. Please read the SAP User Experience Community Privacy Statement for details.
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 Experience Community Website and/or the Services at any time. SAP shall notify You of any changes to this TOU when You visit the Experience Community Website 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.
6. CONFIDENTIAL INFORMATION
A. The Experience Community Website 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. Any Content that You send or upload to the Experience Community Website will be deemed to be NOT 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 (defined below) to which You are provided access to through the Experience Community Website 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 under this TOU. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on any SAP 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 labeled Confidential, accessed through a restricted or non-public area of the Experience Community Website, accessed pursuant to software downloads, or reasonably identifiable as Confidential Information based on the type of information and the manner of its disclosure. ‘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 EXPERIENCE COMMUNITY WEBSITE 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 THE EXPERIENCE COMMUNITY WEBSITE.
7. YOUR INFORMATION, PRIVACY, AND DATA PROTECTION
You must be at least 13 years of age or older to use the Experience Community Website. 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 Experience Community Website Privacy Statement. 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 (iii) protect the rights, property or personal safety of SAP, Users, and the public.
YOU AGREE TO COMPLY WITH THE TERMS OF THE EXPERIENCE COMMUNITY WEBSITE PRIVACY STATEMENT, WHICH CAN BE FOUND BY BELOW OR BY CLICKING ON THE ‘PRIVACY’ LINK AT THE BOTTOM OF EACH WEB PAGE COMPRISING THE EXPERIENCE COMMUNITY WEBSITE.
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 holder’s rights. You agree that You will not use the Experience Community Website 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 Experience Community Website. 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 BY CLICKING ON ‘COPYRIGHT’ LINK AT THE BOTTOM OF EACH WEB PAGE COMPRISING the EXPERIENCE COMMUNITY WEBSITE.
9. RESPONSIBILITY FOR LINKS AND CONTENT
SAP IS ONLY RESPONSIBLE OR LIABLE FOR THE CONTENT POSTED ON THE EXPERIENCE COMMUNITY WEBSITE TO THE EXTENT REQUIRED BY THE GERMAN TELEMEDIA ACT (TELEMEDIENGESETZ, TMG) OR AS OTHERWISE REQUIRED BY LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CONTENT SHALL BE AT YOUR OWN RISK. The Experience Community Website 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.
The Experience Community Website may contain exemplary designs, guidelines, mockups, demos, videos and other Content that is provided for the purpose of demonstrating the use or features of SAP products (collectively, “Demo Content“). All data used in the Demo Content respecting individuals, companies, products or events is entirely fictitious. Any similarity to any real individuals, companies, products or events, past or present, is purely coincidental.
10. INTELLECTUAL PROPERTY RIGHTS
Subject to any licenses You grant to SAP pursuant to this TOU, You shall retain ownership of all Intellectual Property Rights in and to the Content provided by You on the Experience Community Website to the extent You are the owner or holder of the Intellectual Property Rights. Nothing in this TOU shall prohibit You from selling or licensing Your Content to any other party under a separate agreement, provided that, no such separate agreement may impact SAP’s rights to such Content as set forth under Section 3 above or elsewhere in this TOU.
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.
11. PERMISSIBLE USE OF THE EXPERIENCE COMMUNITY WEBSITE
You agree not to access or utilize the Experience Community Website, Content, or Services for purposes that are inconsistent with SAP’s legitimate business interests.
- You are permitted to use the Experience Community Website, Content, and 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 (positive and negative) to SAP.
- Use of the Experience Community Website, Content, and Services for any other purpose is prohibited without the express permission of SAP.
12. TERMINATION AND ACCOUNTABILITY
In the event You are in breach of the Controlling Terms or violate the SAP User Experience Community Rules of Engagement, SAP may, at its sole discretion, suspend or terminate Your account and refuse You any current or future use of the Experience Community Website. SAP may remove any Content posted on the Experience Community Website at SAP’s sole discretion. SAP shall not be liable to You or any third party for any termination or change to the Experience Community Website 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 Experience Community Website 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 Experience Community Website 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, inappropriate, 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, (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;
- create, rate or respond to any Content for the purpose of increasing Your or and other User’s points or conduct any other points motivated activity that does not benefit the greater community;
- 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.
You agree to indemnify, defend, 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, Your usage of the Experience Community Website or the Services, Your breach of the Controlling Terms, or Your violation of any other rights of a third party.
14. EXCLUSION OF SOFTWARE WARRANTIES
The Experience Community Website, 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 Experience Community Website, Content, or Services or give any undertaking with regard to any other quality. Statements and explanations to the Experience Community Website, Content, or Services in promotional material or on the Experience Community Website 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 SAP’s 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 the Experience Community Website, or the content obtainable on such web-pages or (ii) information provided by third parties on the Experience Community Website. SAP will not permanently control and/or review the linked web-pages and the information provided by third parties. SAP shall not be liable for damages caused by the use of the content on the linked web-pages and/or information, unless required by applicable law.
15. LIMITATION OF LIABILITY
FOR USERS IN GERMANY: SAP shall only be liable for damages occurred under the Service if such damage (i) can be claimed under the German Product Liability Act or (ii) is caused due to gross negligence or intentional misconduct by SAP, (iii) consists of personal injury or death or (iv) is caused due to a breach of a significant contractual obligation by SAP (wesentliche Vertragspflicht – in this case, SAP’s liability is limited to such damages, which are typical for this type of agreement and predictable at the point in time of this TOU entering into force). In all other cases, neither SAP nor its employees, agents and subcontractors shall be liable for any kind of damage or claims hereunder.
FOR USERS OUTSIDE OF GERMANY: SAP will not be liable or responsible in any way for any Content posted on the Experience Community Website or web pages linked to the Experience Community Website, 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 THE EXPERIENCE COMMUNITY WEBSITE, 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 THE EXPERIENCE COMMUNITY WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE EXPERIENCE COMMUNITY WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE EXPERIENCE COMMUNITY WEBSITE 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 SAP’S STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
16. APPLICABLE LAW
This site is created and controlled by SAP in the United States. Therefore, the laws of the state of California 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 SAP’s written request, You must cease use of Confidential Information, SAP Software, and/or Services and return or destroy all Confidential Information in Your possession or control.
18. 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.
19. EXPORT CONTROL
You agree that Your use of the Experience Community Website or the Services will be in compliance with U.S. and EU export control laws and executive orders. The information provided on and through the Experience Community Website 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.
The Experience Community Website 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 the Experience Community Website 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 United States and/or European Union export transactions by any agency of the United States government or European Union.
Access Outside of the United States and European Union. If You are accessing the Experience Community Website 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 the terms of this TOU 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 the Experience Community Website, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on the Experience Community Website, or any commercial transactions conducted on or through the Experience Community Website.
Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use the Experience Community Website, Your access of the Experience Community Website, 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 United States and/or European Union 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.
Updated: November 28, 2016