END USER LICENSE
AGREEMENT
Please scroll down and read the
following end user license agreement carefully. This is a legally
binding agreement ("Agreement") between Company and SAP AG which
provides the terms of your use of the SAP Business ByDesign
Application for Android (“Software”). By clicking "I Accept" or by
installing and/or using the Software, you on behalf of the Company
are agreeing to all of the terms and conditions stated in this
Agreement. If you do not agree to these terms, do not click
"agree", and do not use the Software. You represent and warrant
that you have the authority to bind the Company to the terms of
this Agreement
- Definitions: "SAP"
refers to SAP AG, for and on behalf of itself and its
subsidiaries and affiliates as defined in Section 15 German
Stock Corporation Act. "Company” refers to the entity with which
you are employed, affiliated or associated and that wishes to
use the Software.. "Google" refers to Google, Inc. and its
majority owned affiliates. “You” or “you” refers to the
individual that accepts the terms of this Agreement on behalf of
Company.
- Supported Devices: The
Software supports certain Android mobile devices (“Android
Devices”), and data networks such as 3G, EDGE and WiFi, and
enables users to access SAP Backend Standard Software (“SAP
Standard Software”) for use of specifically enabled business
processes through such Android Devices.
- License: Subject to
the terms, conditions and limitations stated in this Agreement
and the Android Market Terms of Service, SAP grants you a ,
non-exclusive, non-transferable, non-sublicensable, revocable,
limited license to run the Software on Company’s Android Device
solely for the purpose of using the Software to access SAP Standard Software that
Company has licensed or has the right to use under a
separate license agreement with either an SAP entity or an
authorized SAP reselling partner and only during the term of
such agreement. For the avoidance of doubt, this Agreement does
not include a license for SAP
Standard Software. You are not permitted to use the
Software for any purpose other than as expressly permitted under
this Agreement. All regulations – if applicable – of the
aforementioned SAP Standard
Software license agreement shall apply to use/access of
SAP Standard Software
through the Software. SAP may audit your and Company’s use of
the Software. You may only use the Software on your mobile
device, and may not transfer the Software to another mobile
device. You shall use the Software only in a manner
consistent with this Agreement and the documentation (the
“Documentation”) which SAP may provide, in its sole discretion,
in electronic and/or printed form with the Software and which
can be found under http://service.sap.com .
- Intellectual Property: SAP
retains all ownership and intellectual property rights in the
Software. You shall, and shall ensure that others do not: a)
remove or modify any marks or proprietary notices of SAP, b)
provide or make the Software available to any third party, c)
use the Software to provide third party training for SAP
products, d) assign this Agreement or give or transfer the
Software or an interest in them to another individual or entity,
e) decompile, disassemble or reverse engineer (except to the
extent permitted by applicable law) the Software, f) create
derivative works of or based on the Software or g) use any SAP
name, trademark or logo.
- Warranty:
- a) If Company is located outside the US or Canada:
As the Software is provided to Company free of charge, SAP
does not guarantee or warrant any features or qualities of
Software or give any undertaking with regard to any other
quality. No such warranty or undertaking shall be implied by
Company from any description in the Software itself or any
available documentation or any other communication or
advertisement for Software except to the extent that SAP has
expressly confirmed a specific quality in writing. In
particular, SAP does not warrant that the Software will be
available uninterrupted or permanently and SAP draws Company’s
attention to the fact that availability is subject to
Google´s sole discretion as operator of the Android
Market. Google Inc. may, at any time and without notice,
restrict, interrupt or prevent use to the Software, or delete
the Software from the Company’s Google mobile device or
require SAP to do any of the foregoing. All warranty claims
are subject to the limitation of liability stipulated in
section 6 a) below.
- b) If Company is located in the US or Canada:
THE SOFTWARE IS LICENSED TO
YOU “AS IS”, WITHOUT ANY WARRANTY, ESCROW, TRAINING,
MAINTENANCE, OR SERVICE OBLIGATIONS WHATSOEVER ON THE PART
OF SAP. SAP MAKES NO EXPRESS OR IMPLIED WARRANTIES OF
ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A
PARTICULAR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED
WITH THE USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION
RISKS RELATING TO QUALITY, AVAILABILITY, PERFORMANCE, DATA
LOSS, AND UTILITY IN A PRODUCTION ENVIRONMENT. IN
PARTICULAR, SAP DOES NOT WARRANT THAT THE SOFTWARE WILL BE
AVAILABLE UNINTERRUPTED OR PERMANENTLY AND SAP DRAWS
COMPANY’S ATTENTION TO THE FACT THAT AVAILABILITY IS SUBJECT
TO GOOGLE´S SOLE DISCRETION AS OPERATOR OF THE ANDROID
MARKET.
- Liability:
- a) If Company is located outside the US or Canada:
Irrespective of the legal reasons, SAP shall only be liable
for damages occurred under this Agreement if such damage (i)
can be claimed under the German Product Liability Act or (ii)
is caused by intentional misconduct of SAP or (iii) consists
of personal injury. In all other cases, neither SAP nor its
employees, agents and subcontractors shall be liable for any
kind of damage or claims hereunder.
- b) If Company is located in the US or Canada:
IN NO EVENT SHALL SAP BE
LIABLE TO YOU, COMPANY OR TO ANY THIRD PARTY FOR ANY DAMAGES
IN AN AMOUNT IN EXCESS OF $100 ARISING IN CONNECTION WITH
YOUR USE OF OR INABILITY TO USE THE SOFTWARE OR IN
CONNECTION WITH SAP’S PROVISION OF OR FAILURE TO PROVIDE
SERVICES PERTAINING TO THE SOFTWARE, OR AS A RESULT OF ANY
DEFECT IN THE SOFTWARE. THIS DISCLAIMER OF LIABILITY
SHALL APPLY REGARDLESS OF THE FORM OF ACTION THAT MAY BE
BROUGHT AGAINST SAP, WHETHER IN CONTRACT OR TORT, INCLUDING
WITHOUT LIMITATION ANY ACTION FOR NEGLIGENCE. YOUR
SOLE REMEDY IN THE EVENT OF BREACH OF THIS AGRREEMENT BY SAP
OR FOR ANY OTHER CLAIM RELATED TO THE SOFTWARE OR SAP
MATERIALS SHALL BE TERMINATION OF THIS AGREEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, UNDER NO
CIRCUMSTANCES SHALL SAP AND ITS LICENSORS BE LIABLE TO YOU
OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR
BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE
OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES.
- No Indemnification:
SAP will not defend at its own expense any legal proceeding
brought against You, to the extent that such proceeding is based
on a claim that the use of the Software as permitted under this
Agreement represents an infringement or misappropriation of a
third party’s copyright, patent, or a trade secret, and will not
pay any damages and costs awarded by a court of final appeal
attributable to such claim; SAP shall have no liability for any
infringement or claim which results from the use of the Software
provided hereunder in combination with any equipment, software
or data not provided or approved by SAP.
- Export: The Software
is subject to German, EU and US export control regulations.
Company confirms that: a) Company will not use the Software for,
and will not allow the Software to be used for, any purposes
prohibited by German, EU and US law, including, without
limitation, for the development, design, manufacture or
production of nuclear, chemical or biological weapons of mass
destruction, b) Company is not located in a country that is
subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a "terrorist supporting"
country, c) you are not a citizen, national or resident of, and
are not under the control of, the government of: Cuba, Iran,
Sudan, Iraq, North Korea, Syria, nor any other country to which
the United States has prohibited export, d) Company will not
download or otherwise export or re-export the Software, directly
or indirectly, neither to the above-mentioned countries nor to
citizens, nationals or residents of those countries, e) you are
not listed on the United States Department of Treasury lists of
Specially Designated Nationals, Specially Designated Terrorists,
and Specially Designated Narcotic Traffickers, nor listed on the
United States Department of Commerce Table of Denial Orders or
any other U.S. government list of prohibited or restricted
parties and f) Company will not download or otherwise export or
re-export the Software, directly or indirectly, to persons on
the above-mentioned lists.
- Support: SAP is
solely responsible for providing, and Google has no obligation
to provide, maintenance and support for the Software.SAP does
not offer support for the Software other than – at its sole
discretion - provision of updates, patches, bug fixes and new
versions via the Android Market.
- Term and Termination:
Company may terminate this Agreement by destroying all copies of
the Software on Company’s Android Device. SAP shall be entitled
to terminate Company’s licenses to use the Software if Company
or you fail to comply with any of the terms of this Agreement.
This Agreement terminates automatically upon termination or
expiration of the SAP
Standard Software agreement between Company and either
the respective SAP entity or the authorized SAP reselling
partner. In case of termination or expiration of this Agreement,
Company must destroy all copies of the Software on Company’s
Android Devices.
- Law/Venue:
- a) If Company is located outside the US or Canada:
This Agreement is governed by and construed in accordance with
the laws of the Germany. Company and SAP agree to submit to
the exclusive jurisdiction of, and venue in, the courts of
Karlsruhe in Germany in any dispute arising out of or relating
to this Agreement.
- b) If Company is located in the US or Canada:
This Agreement shall be governed by and construed under the
Commonwealth of Pennsylvania law without reference to its
conflicts of law principles. In the event of any
conflicts between foreign law, rules, and regulations, and
United States of America law, rules, and regulations, United
States of America law, rules, and regulations shall prevail
and govern. The United Nations Convention on Contracts
for the International Sale of Goods shall not apply to this
Agreement. The Uniform Computer Information Transactions
Act as enacted shall not apply.
- Third Party Product License
Terms
Google Mobile Maps Service (“GMM Service”). In case the Software
accesses the GMM Service through a Google Maps API, Company’s
use of the GMM Service is subject to Google’s Terms of Use which
are set forth on:
http://www.google.com/intl/en_ALL/help/terms_maps.html. If
Company does not accept such Google Terms of Use, including, but
not limited to all limitations and restrictions therein, you or
Company may not use the GMM Service in the Software. Company
acknowledges and agrees that use of the GMM Service in or
through the Software will constitute Company’s acceptance of
Google´s Terms of Use. Company’s usage of GMM Service
within the Software can be terminated by SAP without stating any
reason at any time. In that case SAP is not required to provide
an equivalent service via another provider. Company is not
entitled to seek any damages thereof.
- Miscellaneous
This Agreement is the complete Agreement for the Software
licensed (including reference to information/documentation
contained in a URL). This Agreement supersedes all prior or
contemporaneous agreements or representations with regards to
the subject matter of this Agreement. If any term of this
Agreement is found to be invalid or unenforceable, the surviving
provisions shall remain effective. SAP´s failure to
enforce any right or provisions stipulated in this Agreement
will not constitute a waiver of such provision, or any other
provision of this Agreement.
Company and SAP agree that: (a) this Agreement is between SAP
and Company, and that Google is not a party to this Agreement;
(b) that SAP is solely responsible for the Software and the
content thereof; (c) that Google, and Google's subsidiaries, are
third party beneficiaries of this Agreement, and d) Google will
have the right (and will be deemed to have accepted the right)
to enforce this Agreement against Company as a third party
beneficiary hereof, but only if Company accepts the terms of
this Agreement as outlined above.
- Contact
If you have any questions or support-issues with regards to the
Software please refer to our help portal: http://service.sap.com