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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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