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LICENSE
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SAP SAMPLE CODE LICENSE AGREEMENT
Please scroll down and read the following SAP Sample Code License Agreement
carefully ("Agreement"). By downloading, installing, or otherwise using
the SAP sample code or any materials that accompany the sample code
documentation (collectively, the "Sample Code"), You agree that this Agreement
forms a legally binding agreement between You ("You" or "Your") and SAP SE,
for and on behalf of itself and its subsidiaries and affiliates (as defined
in Section 15 of the German Stock Corporation Act), and You agree to be bound
by all of the terms and conditions stated in this Agreement. If You are trying
to access or download the Sample Code on behalf of Your employer or as a
consultant or agent of a third party (either "Your Company"), You represent
and warrant that You have the authority to act on behalf of and bind Your
Company to the terms of this Agreement and everywhere in this Agreement that
refers to 'You' or 'Your' shall also include Your Company. If You do not agree
to these terms, do not attempt to access or use the Sample Code.
1. LICENSE: Subject to the terms of this Agreement, SAP grants You
a non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free,
limited license to use, copy, and modify the Sample Code solely for Your
internal business purposes.
2. RESTRICTIONS: You must not use the Sample Code to: (a) impair, degrade or
reduce the performance or security of any SAP products, services or related
technology (collectively, "SAP Products"); (b) enable the bypassing or
circumventing of SAP's license restrictions and/or provide users with
access to the SAP Products to which such users are not licensed; or
(c) permit mass data extraction from an SAP Product to a non-SAP Product,
including use, modification, saving or other processing of such data in
the non-SAP Product. Further, You must not: (i) provide or make the Sample
Code available to any third party other than your authorized employees,
contractors and agents (collectively, “Representatives”) and solely to be
used by Your Representatives for Your own internal business purposes;
(ii) remove or modify any marks or proprietary notices from the Sample
Code; (iii) assign this Agreement, or any interest therein, to any third
party; (iv) use any SAP name, trademark or logo without the prior written
authorization of SAP; or (v) use the Sample Code to modify an SAP Product
or decompile, disassemble or reverse engineer an SAP Product (except
to the extent permitted by applicable law). You are responsible for any
breach of the terms of this Agreement by You or Your Representatives.
3. INTELLECTUAL PROPERTY: SAP or its licensors retain all ownership and
intellectual property rights in and to the Sample Code and SAP Products.
In exchange for the right to use, copy and modify the Sample Code provided
under this Agreement, You covenant not to assert any intellectual property
rights in or to any of Your products, services, or related technology that
are based on or incorporate the Sample Code against any individual or
entity in respect of any current or future SAP Products.
4. SAP AND THIRD PARTY APIS: The Sample Code may include API (application
programming interface) calls to SAP and third-party products or services.
The access or use of the third-party products and services to which the API
calls are directed may be subject to additional terms and conditions
between you and SAP or such third parties. You (and not SAP) are solely
responsible for understanding and complying with any additional terms and
conditions that apply to the access or use of those APIs and/or third-party
products and services. SAP does not grant You any rights in or to these
APIs, products or services under this Agreement.
5. FREE AND OPEN SOURCE COMPONENTS: The Sample Code may include third party
free or open source components ("FOSS Components"). You may have additional
rights in such FOSS Components that are provided by the third party
licensors of those components.
6. THIRD PARTY DEPENDENCIES: The Sample Code may require third party software
dependencies ("Dependencies") for the use or operation of the Sample Code.
These Dependencies may be identified by SAP in Maven POM files,
documentation or by other means. SAP does not grant You any rights in or
to such Dependencies under this Agreement. You are solely responsible for
the acquisition, installation and use of such Dependencies.
7. WARRANTY:
a) If You are located outside the US or Canada: AS THE SAMPLE CODE IS
PROVIDED TO YOU FREE OF CHARGE, SAP DOES NOT GUARANTEE OR WARRANT ANY FEATURES
OR QUALITIES OF THE SAMPLE CODE OR GIVE ANY UNDERTAKING WITH REGARD TO ANY
OTHER QUALITY. NO SUCH WARRANTY OR UNDERTAKING SHALL BE IMPLIED BY YOU FROM
ANY DESCRIPTION IN THE SAMPLE CODE OR ANY OTHER MATERIALS, COMMUNICATION OR
ADVERTISEMENT. IN PARTICULAR, SAP DOES NOT WARRANT THAT THE SAMPLE CODE WILL
BE AVAILABLE UNINTERRUPTED, ERROR FREE, OR PERMANENTLY AVAILABLE. ALL
WARRANTY CLAIMS RESPECTING THE SAMPLE CODE ARE SUBJECT TO THE LIMITATION OF
LIABILITY STIPULATED IN SECTION 8 BELOW.
b) If You are located in the US or Canada: THE SAMPLE CODE 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 OR CONDITIONS OF SALE OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR
A PARTICULAR PURPOSE. IN PARTICULAR, SAP DOES NOT WARRANT THAT THE SAMPLE CODE
WILL BE AVAILABLE UNINTERRUPTED, ERROR FREE, OR PERMANENTLY AVAILABLE. YOU
ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE SAMPLE CODE, INCLUDING WITHOUT
LIMITATION RISKS RELATING TO QUALITY, AVAILABILITY, PERFORMANCE, DATA LOSS,
AND UTILITY IN A PRODUCTION ENVIRONMENT.
c) For all locations: SAP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES
IN RESPECT OF THIRD PARTY DEPENDENCIES, APIS, PRODUCTS AND SERVICES, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR
A PARTICULAR PURPOSE. IN PARTICULAR, SAP DOES NOT WARRANT THAT THIRD-PARTY
DEPENDENCIES, APIS, PRODUCTS AND SERVICES WILL BE AVAILABLE, ERROR FREE,
INTEROPERABLE WITH THE SAMPLE CODE, SUITABLE FOR ANY PARTICULAR PURPOSE OR
NON-INFRINGING. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THIRD PARTY
DEPENDENCIES, APIS, PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION RISKS
RELATING TO QUALITY, AVAILABILITY, PERFORMANCE, DATA LOSS, UTILITY IN
A PRODUCTION ENVIRONMENT, AND NON-INFRINGEMENT. IN NO EVENT WILL SAP BE LIABLE
DIRECTLY OR INDIRECTLY IN RESPECT OF ANY USE OF THIRD PARTY DEPENDENCIES,
APIS, PRODUCTS AND SERVICES BY YOU.
8. LIMITATION OF LIABILITY:
a) If You are located outside the US or Canada: IRRESPECTIVE OF THE LEGAL
REASONS, SAP SHALL ONLY BE LIABLE FOR DAMAGES 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 You are located in the US or Canada: IN NO EVENT SHALL SAP BE LIABLE
TO YOU, YOUR 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 SAMPLE CODE OR IN CONNECTION WITH SAP'S PROVISION OF OR FAILURE TO PROVIDE
SERVICES PERTAINING TO THE SAMPLE CODE, OR AS A RESULT OF ANY DEFECT IN THE
SAMPLE CODE. 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 AGREEMENT BY SAP OR FOR ANY OTHER CLAIM RELATED
TO THE SAMPLE CODE SHALL BE TERMINATION OF THIS AGREEMENT. NOTWITHSTANDING
ANYTHING TO THE CONTRARY HEREIN, UNDER NO CIRCUMSTANCES SHALL SAP OR 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.
9. INDEMNITY: You will fully indemnify, hold harmless and defend SAP against
law suits based on any claim: (a) that any of Your products, services or
related technology that are based on or incorporate the Sample Code infringes
or misappropriates any patent, copyright, trademark, trade secrets, or other
proprietary rights of a third party, or (b) related to Your alleged violation
of the terms of this Agreement.
10. EXPORT: The Sample Code is subject to German, EU and US export control
regulations. You confirm that: a) You will not use the Sample Code for, and
will not allow the Sample Code 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) You are not located in Cuba, Iran, Sudan, Iraq,
North Korea, Syria, nor any other country to which the United States has
prohibited export or that has been designated by the U.S. Government as a
"terrorist supporting" country (any, an "US Embargoed Country"); c) You are
not a citizen, national or resident of, and are not under the control of,
a US Embargoed Country; d) You will not download or otherwise export or
re-export the Sample Code, directly or indirectly, to a US Embargoed Country
nor to citizens, nationals or residents of a US Embargoed Country; 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) You will not download or otherwise
export or re-export the Sample Code, directly or indirectly, to persons on
the above-mentioned lists.
11. SUPPORT: SAP does not offer support for the Sample Code.
12. TERM AND TERMINATION: You may terminate this Agreement by destroying all
copies of the Sample Code in Your possession or control. SAP may terminate
Your license to use the Sample Code immediately if You fail to comply with
any of the terms of this Agreement, or, for SAP's convenience by providing
you with ten (10) days written notice of termination. In case of termination
or expiration of this Agreement, You must immediately destroy all copies of
the Sample Code in your possession or control. In the event Your Company
is acquired (by merger, purchase of stock, assets or intellectual property
or exclusive license), or You become employed, by a direct competitor of SAP,
then this Agreement and all licenses granted to You in this Agreement shall
immediately terminate upon the date of such acquisition or change of
employment.
13. LAW/VENUE:
a) If You are located outside the US or Canada: This Agreement is governed by
and construed in accordance with the laws of Germany without reference to its
conflicts of law principles. You and SAP agree to submit to the exclusive
jurisdiction of, and venue in, the courts located in Karlsruhe, Germany in any
dispute arising out of or relating to this Agreement or the Sample Code.
The United Nations Convention on Contracts for the International Sale of Goods
shall not apply to this Agreement.
b) If You are located in the US or Canada: This Agreement shall be governed
by and construed in accordance with the laws of the State of New York, USA
without reference to its conflicts of law principles. You and SAP agree to
submit to the exclusive jurisdiction of, and venue in, the courts located in
New York, New York, USA in any dispute arising out of or relating to this
Agreement or the Sample Code. The United Nations Convention on Contracts for
the International Sale of Goods shall not apply to this Agreement.
14. MISCELLANEOUS: This Agreement is the complete agreement between the
parties respecting the Sample Code. This Agreement supersedes all prior or
contemporaneous agreements or representations with regards to the Sample Code.
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.
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