Terms of Use for SAP Websites
Revised and posted as of October 08, 2025.
1. SCOPE
SAP SE, a European Company (Societas Europaea, SE) established under the laws of Germany and European Union, with business address at Dietmar-Hopp-Allee 16, 69190 Walldorf, Germany, together with its Affiliates (collectively "SAP") have created, own, and operate multiple websites, (each individually referred to hereunder as an “SAP Website” and collectively “SAP Websites). The SAP Websites allow you ("You" or "Your") and other SAP software experts, developers, users, and other interested parties (each, a "User" and collectively, "Users") to find information, purchase and/or research SAP and related software and services, obtain support for SAP software and services, share information with SAP and third parties, post comments, blog, provide reviews, vote on prospective features, and engage in conversations and other activities related to SAP’s products and services. The SAP Websites may also include information created and published by SAP (“SAP Materials”) and third parties and third-party content (“User Content”), such as, but without limitation, text, images, photographs, graphics, audio and video, data, code, and software (collectively, the SAP Materials and User Content are referred to as “Content”).
2. ACCEPTANCE OF TERMS
Your access and use of the SAP Websites is subject to and governed by these Terms of Use (“TOU” or “Agreement”), including any additional or different disclaimers, legal notices, agreements, or terms and conditions that may apply to Your use of or access to any particular SAP Website, SAP Materials, or User Content. If there is a conflict between the terms in this TOU and any additional legal terms, the additional legal terms shall control. This TOU forms a legally binding agreement between You and SAP. By clicking an “I Accept” button as part of a registration process or otherwise demonstrating your consent to this TOU through a process established by SAP, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You should not click the “I Accept” button (or equivalent) or attempt to access or use any SAP Website, SAP Materials, or User Content. Please note that this TOU does not govern the use of any cloud solutions (e.g., SAP HANA Cloud Platform, SAP HANA Enterprise Cloud, SAP SuccessFactors, SAP Fieldglass, SAP Ariba, etc.) provided by SAP and for which You are required to enter into a separate agreement.
SAP may modify the TOU to reflect changes in SAP’s business, applicable law, or for other reasons deemed necessary by SAP. If the terms of the TOU change, SAP will provide notice, which may include, but is not limited to notice provided through the Websites or an SAP user account. Except where prohibited by law, updates to the TOU will apply once the changes have been posted or notice has otherwise been given. Changes to the TOU will, however, not apply retroactively. If You do not agree to changes made to the TOU, You must discontinue your use of the affected SAP Website and SAP Materials, or User Content.
3. USER CONTENT/LICENSE TO SAP
SAP does not claim ownership of User Content that you post, upload, input, or submit to any SAP Website. By posting, transmitting, or uploading any User Content, including, but not limited to, any article, information, data, code, text, software, documentation, graphic, image, marketing material, video, photograph, message, suggestion, feedback, idea, or posting to any forum, wiki, or blog on any SAP Website, You grant to SAP a perpetual, irrevocable (subject to mandatory data protection requirements), non-exclusive, worldwide, fully-paid up and royalty-free license to use such User 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. This license includes, without limitation, the right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and provide the User Content to third parties; to make, have made, offer to sell, sell, lease, or otherwise distribute any User Content or product; and to practice any method, embodying such User Content (including the right to sublicense any of the foregoing).
You represent and warrant to SAP that You have the right, title, and authority to grant such license to SAP. SAP may elect not to post or publish User Content that You submit. If SAP elects to post or publish Your User Content, SAP may, in its sole discretion, withdraw the posted or published User Content for any reason and without notice, without any liability.
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 that You have provided in connection with any use of the User Content You submit. SAP may continue to use this information after any termination of your account or Your access to the Websites for the purpose of identifying the source of User Content You previously submitted.
Nothing in this TOU shall prohibit or restrict SAP’s right to create or obtain User Content or submissions similar to or competitive with the User Content that You have submitted.
4. PERMISSIBLE USE OF SAP WEBSITES AND CONTENT
The SAP Websites, SAP Materials, and User Content are for your non-commercial use. Your use must not aim for commercial advantage or monetary compensation. You are prohibited from copying, modifying, distributing, transmitting, displaying, performing, publishing, licensing, creating derivative works from, transferring, renting, leasing, or selling the SAP Websites, SAP Materials, or User Content. However, You may download, store, and display SAP Materials or User Content on your computer or other electronic devices, exclusively for viewing, listening, playing, and printing, provided that: (a) the SAP Materials and User Content are only used for informational, non-commercial purposes and are not copied or posted on any computer network or otherwise published, broadcast, or distributed in any manner or media; and (b) the SAP Materials and User Content remain unmodified , including any copyright notices.
Compliance with technical standards, including robots.txt, meta directives, and X-Robots-Tag headers, is required. Spoofing user agent strings or bypassing rate limits, authentication, or other controls is not permitted. These technical standards are incorporated by reference and may be updated at any time.
You may not use any SAP Websites in any manner that could damage, disable, overburden, or impair any SAP server, or the network(s) connected to any SAP server, or interfere with any other party's use and enjoyment of any SAP Website. You may not attempt to gain unauthorized access to any SAP Website, other accounts, computer systems, or networks connected to any SAP server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SAP Websites.
You are responsible for ensuring any third parties or tools acting for you follow these terms, and you remain liable for all use of SAP Websites through your account or at your direction.
You are permitted to use SAP Websites only in strict compliance with this TOU and any valid separate software license, partnership and/or maintenance agreement. Under no circumstances may SAP Materials and User Content be gathered for purposes that could be detrimental to SAP, unless such use is otherwise protected by law.
SAP reserves the right to prohibit text and data mining of its websites and materials for commercial use under Directive (EU) 2019/790 Article 4 and similar laws. Automated extraction, copying, or indexing is not allowed without explicit permission and except for standard web searches.
Authorized search engines, as specified in our robots.txt file, are permitted to crawl the publicly accessible areas of SAP Websites exclusively for standard web indexing purposes that improve content discoverability, provided they comply with robots.txt directives and adhere to reasonable usage limits, as specified in our robots.txt file.
You agree not to use an SAP Website, whether directly or indirectly including via third parties and except where explicitly permitted otherwise, to:
Publish, upload, post, email, transmit or otherwise make available any User Content that
(a) You do not have the right to share;
(b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;
(c) infringes the Intellectual Property Rights of any party;
(d) includes unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spam, chain letters, or any other form of solicitation, commercial or otherwise, or
(e) contains malware, including but not limited to viruses, Trojan horse, worms, time bombs, cancelbots, corrupted files, 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 otherwise violate the legal rights of others, including privacy, publicity or business integrity rights.
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 to disguise the origin of any User Content transmitted through the SAP Websites.
Download, reproduce, display, perform, or distribute any file or User Content posted by another user that You know, or reasonably should know, that doing so is illegal.
Interfere with or disrupt the servers, or networks which support the SAP Websites, or disobey any requirements, procedures, policies, or regulations of networks connected to the SAP Websites, harm the SAP Websites in any way, effectuate a denial of service attack or the equivalent, or disobey any requirements, procedures, policies, or regulations of networks connected to the SAP Websites, including any messages or notices received from SAP regarding Your use.
Violate any applicable local, state, national or international law and any regulations.
Harvest, collect, or store personal information or data of other users.
Bulk download (except by search engines for indexing purposes) or make persistent copies of SAP Websites, SAP Materials and/or User Content.
Cache, store or redistribute SAP Websites, SAP Materials and/or User Content or make them available to any third party, including any data broker or AI provider.
You further agree not to, whether directly or indirectly including via third parties and except where explicitly permitted otherwise, access an SAP Website by and/or use any automated data gathering or extraction methods or similar or related technologies designed to scrape or extract data from SAP Websites (such as bots, scrapers, spiders, crawlers, Model Context Protocol (MCP), agent-frameworks, or any other text and data mining technology), including, but not limited, for text and data mining purposes or artificial intelligence training, improvement or evaluation, and/or commercial data aggregation and/or competitive analysis. The aforementioned permission for search engines to crawl the publicly accessible areas of SAP Websites exclusively for standard web indexing purposes remains unaffected.
5. TERMINATION OF USE AND LEGAL ACTIONS
SAP may, in its sole discretion, at any time discontinue providing or limit access to the SAP Websites, any areas of the SAP Websites, or any SAP Materials or User Content provided on or through the SAP Websites. You agree that SAP may, in its sole discretion, at any time, terminate or limit your access to, or use of, any or all of the SAP Websites or any SAP Material or User Content. In the event You are in material breach of the TOU, SAP may, at its sole discretion, suspend or terminate Your account, delete Your Content from the SAP Website, and refuse You any current or future use of an SAP Website without notice. SAP may remove any materials posted on the SAP Websites at SAP’s sole discretion in compliance with respective software and maintenance agreements. SAP shall not be liable to You or any third party for any such suspension or termination or change to the SAP Websites.
Violations of SAP’s Terms of Use may cause irreparable harm. In addition to suspending or terminating access SAP may seek injunctive relief, damages, attorney’s fees and an order requiring deletion of all copies of SAP Websites or SAP Materials illegally obtained by the User.
If You wish to terminate your account, you may do so by submitting your request via email to webmaster@sap.com. Please note that in the event that you elect to terminate your account, SAP has the right and may elect to continue to post and publish on the Websites personally identifying information associated with User Content that You have posted.
6. SAP CONTACT
SAP is not obligated to evaluate or provide any comments to you regarding User Content that you submit. At SAP’s sole discretion, SAP may contact you with critiques, updates, feedback, status, or questions regarding your submission. However, in no event will any such contact or communication from SAP obligate SAP to adopt your submission, provide a timeframe for evaluation, or even provide any additional communication regarding your submission.
7. CONFIDENTIAL INFORMATION
Except for SAP Websites explicitly designated as non-public forums ("Non-Public Forum"), SAP Websites are intended to be public forums. 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. Except for User Content clearly labeled as confidential and uploaded into a Non-Public Forum, any User Content You submit or upload to an SAP Website will be deemed non-confidential and non-proprietary. By submitting such User Content, You expressly waive any trade secret or other confidentiality rights with respect to such User Content.
You agree not to copy, reproduce or distribute any Confidential Information accessed through an SAP Website except as expressly authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of SAP or the third-party owner and must retain all original confidentiality or proprietary notices or legends. You further agree to (a) take all reasonable steps (as defined below) to maintain all Confidential Information strictly confidential; (b) use Confidential Information only as expressly authorized at the time of disclosure, and (c) not to disclose any Confidential Information to any party without the prior written consent of SAP or the third party that has prepared such information. You do not acquire any rights in Confidential Information except as expressly permitted under this TOU. Under no circumstances may You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute, or create, modify, rent, lease, sell, distribute or develop derivative works based on the SAP Software or SAP Websites, or compete with SAP Software or SAP services in whole or in part. For the purposes of this Agreement, , Confidential Information includes all trade secrets, intellectual property rights, proprietary business information, and other information SAP or third parties protect against unauthorized disclosure, provided that such information is (i) either labeled Confidential and accessed through a restricted or non-public area of an SAP Website or through authorized software downloads, or (ii) reasonably identifiable as confidential based on the type of information and the manner of its disclosure. As used herein ‘reasonable steps’ means at least the same degree of care You and/or Your Company take to protect Your own confidential information, but in no event l less than the industry standard level of care. If You are required by applicable law or a final, non-appealable court order to disclose Confidential Information, You must provide SAP with prompt written notice before disclosure, limit disclosure to the minimum amount strictly required and ensure that any disclosed information remains confidential.
ALL USER CONTENT POSTED BY YOU TO AN SAP WEBSITE, WHETHER IN A PUBLIC OR NON-PUBLIC FORUM, IS POSTED AT YOUR OWN RISK: SAP IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED USE; MISUSE, ACCESS, OR DISCLOSURE OF SUCH USER CONTENT BY ANY OTHER USERS OF AN SAP WEBSITE.
8. YOUR INFORMATION, PRIVACY, AND DATA PROTECTION
Some of the SAP Websites require that You become a registered user. Before you can use these Websites, You have to register with SAP and provide SAP with certain information, which may include personally identifiable information, such as your name and your email address (“Personal Data”). By providing SAP with Personal Data, You expressly agree that SAP may collect, use, store and otherwise process Your Personal Data for the purpose of providing you with access to the Websites and related activities and communications in which you agree to participate.
You are responsible for and agree to provide SAP with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, You may request information about Your Personal Data stored with SAP, or the correction (in case the relevant Website is not allowing You to correct or update your information), or deletion of Your Personal Data by contacting webmaster@sap.com. Please note that if You request the deletion of your account or Personal Data, You might not be able to further access and use the SAP Websites and your User Content.
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 SAP Websites subject to SAP’s Privacy Statement.
YOU AGREE TO COMPLY WITH THE TERMS OF THE SAP PRIVACY STATEMENT, WHICH CAN BE FOUND BY CLICKING ON THE ‘PRIVACY’ LINK AT THE BOTTOM OF EACH WEB PAGE ON SAP WEBSITES.
9. INTELLECTUAL PROPERTY RIGHTS
For the purposes of this TOU, “Intellectual Property Rights” means patents of any type, design rights, utility models, or other similar invention rights, copyrights and related rights, trade secret, know-how, or confidentiality rights, trademarks, trade names, service marks, and any other intangible property rights, whether registered or unregistered, including applications, or rights to apply, and registrations 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.
All Intellectual Proprietary Rights in and to any SAP Software, the SAP Websites, SAP Materials, and User Content belongs exclusively to SAP or the original submitting individual or entity . Nothing in this TOU grants You any rights to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any SAP Software, SAP Websites, SAP Materials, or any User Content, except as expressly permitted by this TOU or applicable law. If You create any unauthorized modifications or derivative works of SAP Software, SAP Websites, or SAP Materials, such modifications or derivatives works shall automatically be assigned to SAP without further considerations or remuneration of any kind, and SAP hereby accepts such assignment.
For guidelines on the proper use of SAP trademarks, please refer to the “Trademarks” link located at the bottom of each web page on SAP websites.
You agree to comply with the terms set forth in the “SAP Copyright Guidelines”, which can be found below or by clicking on the ‘Copyright’ link at the bottom of each SAP Websites.
10. RESPONSIBILITY FOR CONTENT AND LINKS
SAP IS ONLY RESPONSIBLE OR LIABLE FOR THE CONTENT POSTED ON AN SAP WEBSITE TO THE EXTENT REQUIRED BY THE GERMAN TELECOMMUNICATIONS AND TELEMEDIA DATA PROTECTION ACT (TELEKOMMUNIKATION-TELEMEDIEN-DATENSCHUTZGESETZ - TTDSG). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CONTENT SHALL BE AT YOUR OWN RISK. Any Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content. SAP does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any Content provided by third parties on an SAP Website. SAP may remove any Content posted on an SAP Website at SAP’s sole discretion, but, if You believe that material that You hold the copyright on is being infringed upon on any SAP web site, please notify SAP’s Copyright Agent in accordance with the procedure set forth at the following link: https://www.sap.com/copyright.
SAP Websites may contain links to external websites. SAP shall not be responsible for the contents of any linked website, or any changes or updates to such websites. Additionally, 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 software, content, goods or services available on or through any such linked website. SAP does not control and/or review the linked web-pages and the information provided by third parties.
11. USE OF SAP AND THIRD PARTY SOFTWARE
Your access to and use of any software or related documentation, including but not limited to developer tools, sample code, and any application program interface (API) information provided on an SAP Website (collectively "Software"), is governed by the applicable software license agreement and related documents and terms (e.g., attachments, exhibits, order form, disclaimers, etc.) (collectively, the "License Agreement"). You may not download, install, or use, any Software unless and until You first agree to the terms of the applicable License Agreement. . Unless expressly permitted by applicable law or the License Agreement, you are strictly prohibited from modifying, decompiling, reverse engineering, disassembling, or attempting to derive the source code of any Software.
If Software provided through an SAP Website is not accompanied by a License Agreement, the following conditions apply (i) You may use the Software solely for personal, informational, and non-commercial purposes; (ii) You may not modify or alter the Software in any way, and (iii) You may not copy, distribute, sublicense or otherwise redistribute the Software
All SAP Software is the copyrighted work of SAP and is protected under applicable copyrights laws. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including SAP Software, constitutes an infringement of the copyright holder’s rights and may result in legal action. For information on requesting permission to use SAP-owned copyrighted works, refer to the “Copyright” link at the bottom of each SAP Websites page.
12. USE OF GENERATIVE ARTIFICIAL INTELLIGENCE FUNCTIONALITIES
The SAP Websites may include artificial intelligence functionality and technology that generates content and recommendations, assists with searches, or offers other forms of intelligent assistance based on Your inputs (“AI Functionality”). Any content generated by the AI Functionality shall be considered SAP Materials and subject to the same terms and conditions as other SAP Materials. By accessing and utilizing the AI Functionality, You acknowledge and agree to the following terms:
1. Acceptable Use:
You will use the AI Functionality responsibly, safely, and in a legally compliant manner, subject to the permitted uses set forth in Section 4 of these Terms of Use. You will not use the AI Functionality to:
Promote or facilitate illegal activities or unlawful actions;
Facilitate fraudulent actions;
Attempt unauthorized access to a system, property, or information;
Generate content that contains or promotes violence, hate speech, harassment, or insults or demeans a person;
Generate sexually explicit content;
Distribute malware or spam;
Contravene regulatory safety policies;
Track people without consent;
Falsely impersonate an individual;
Mine cryptocurrency.
2. Output:
The AI Functionality are designed to provide information, assistance, and other forms of useful output. However, SAP does not guarantee the accuracy, completeness, or reliability of any information or content generated by the AI Functionality. You are advised to independently verify any output before relying on it for any purpose.
Similar or identical output may be generated for other users based on similar inputs.
3. Limitations and Disclaimers:
SAP reserves the right to limit or suspend access to the AI Functionality in its sole discretion, including if these terms are violated or for non-compliance with the documentation.
SAP does not commit to the use of specific AI models and reserves the right to add, remove, or exchange AI models at its discretion.
The use of AI Functionality may result in incorrect, biased, or nonsensical output. SAP is not liable for any Output.
4. Compliance with Laws:
You agree to comply with all applicable laws and regulations in connection with Your use of AI Functionality.
5. Third-Party AI Technologies:
AI Functionality may include technologies licensed from third parties. You agree to comply with any additional terms provided by SAP or the third-party licensors.
13. INDEMNITY
The following applies if You access a Website from outside the EU:
You agree to indemnify and hold SAP, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your User Content or Your usage of an SAP Website, Your breach of this TOU, any additional legal terms, or SAPs Privacy Statement, Your unauthorized use of any SAP-owned Intellectual Property, or Your alleged violation of any other rights of a third party.
The following applies if You access a Website from within the EU:
You agree to indemnify and hold SAP, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party against any of the aforesaid entities or persons due to or arising out of Your culpable breach of this TOU, any additional legal terms or SAP’s Copyright or Privacy Statements.
14. EXCLUSION OF WARRANTIES
SAP Websites and Content 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 any SAP Website or Content or give any undertaking with regard to any other quality. Statements and explanations on SAP Websites and Content in promotional material or on SAP Website and/or 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.
15. LIMITATION OF LIABILITY
To the fullest extent permitted by law, SAP disclaims all liability for any User Content or third-party content (“Content”) posted on, linked from, or integrated into an SAP Website. This includes, but it is not limited to, , any errors, omissions in such Content, or any losses or damage incurred as a result of using or relying on such Content or any other materials accessed through any SAP Website and made available by a third party, security vulnerabilities or data breaches caused by third-party integrations, including cloud-based services, plug-ins, or external software.
Your use of third-party services accessed through a SAP Website is solely at Your own risk, and SAP makes no warranties regarding their availability, security, or functionality.
If You access an SAP Website from outside the European Union, the following applies:
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 AN SAP WEBSITE, SAP SOFTWARE, OR SAP MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY SAP SOFTWARE, SAP MATERIALS OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON AN SAP WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON AN SAP WEBSITE; OR (v) ANY OTHER MATTER RELATING TO AN SAP WEBSITE OR SAP MATERIALS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY SAP AND IN CASE OF SAPS STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
If You access an SAP Website from within the European Union, the following applies:
IRRESPECTIVE OF THE LEGAL BASIS OF ANY CLAIM, SAP AND ITS AFFIALIATES AND SUBSIDIARIES SHALL ONLY BE LIABLE IN THE FOLLOWING CASES:
MANDATORY LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAWS;
GROSS NEGLIGENCE OR WILFUL MISCONDUCT;
PERSONAL INJURY OR DEATH RESULTING FROM SAP’S OR ITS AFFILIATES’ OR SUBSIDIARIES NEGLIGENCE OR WILFUL MISCONDUCT;
SLIGHTLY NEGLIGENT BREACH OF A SIGNIFICANT CONTRACTUAL OBLIGATION (I.E., AN OBLIGATION ESSENTIAL TO FULFILLING THIS TOU, AND IN WHOSE COMPLIANCE WITH YOU CAN GENERALLY TRUST). IN THIS CASE, SAP’S OR ITS AFFILIATES’ OR SUBSIDIARIES’ LIABILITY IS LIMITED TO FORESEEABLE DAMAGES TYPICAL FOR THIS TPE OF AGREEMENT AT THE TIME OF CONTRACT FORMATION.
IN ALL OTHER CASES, SAP, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS AND SUBCONTRACTORS SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR CLAIMS ARISING UNDER THIS TOU.
16. APPLICABLE LAW
If You access an SAP Website from outside the European Union, the following applies:
New York law will govern this TOU without giving effect to any principles of conflicts of laws.
If You access an SAP Website from within the European Union, the following applies:
This TOU shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of laws principles. To the extent permitted by applicable law, the exclusive venue for all disputes arising under or in connection with this TOU shall be the competent courts of Karlsruhe, Germany.
17. SURVIVAL
Your confidentiality obligations under this TOU shall survive indefinitely after termination of Your account or cessation of use of the SAP Websites, unless otherwise stated in a separate agreement. Upon any termination of Your account, or SAP’s written request (including emails or other electronic communication), You must immediately cease all use of Confidential Information, and/or SAP Websites, and return or permanently delete or destroy all Confidential Information in Your possession or control, including all electronic and physical copies.
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 invalid or 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 remain in full force and effect and shall not be affected thereby.
19. ENTIRE AGREEMENT
The TOU represents the entire arrangement between the Parties in respect of its subject matter and supersedes all prior agreements, understandings, or arrangements (both oral and written) relating to its subject matter. No collateral agreements have been made.
20. EXPORT CONTROL
SAP Websites may not be accessed or used by any national or certain countries or groups against which the United States and/or European Union have instituted sanctions (including Iran, Cuba, North Korea, Syria, , the Crimea Region / Sevastopol, the so-called Donetsk People’s Republic (DNR) / Luhansk People’s Republic (LNR), and the non-government controlled areas of Ukraine in the oblasts of Kherson and Zaporizhzhia), Specially Designated Nationals, and other proscribed persons who are listed on the any applicable sanctioned party list of the United States and/or the European Union You will not utilize Content provided on an SAP Website for any restricted end-use (e.g. in the design, development, or production of nuclear, chemical, or biological weapons,) nor for any end user who has been prohibited from participating in the US and/or EU export transactions by any agency of the US government or European Union.
Your access of an SAP 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 US and/or EU 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.
21. Access
The following applies if You access an SAP Website from outside the United States and European Union:
You are doing so at Your own risk, and You remain fully responsible and liable for familiarity and compliance with these Terms of Use as well as with the laws, regulations, directives, codes, and rules of the United States, European Union, and the country within which you reside, including applicable import and export compliance laws and regulations, as well those of the jurisdiction from which You are accessing an SAP Website, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage, or use of information on an SAP Website.
The following applies if You access an SAP Website from within the United States:
You agree that Your use of an SAP Website, or any Content will be in compliance with U.S. export control laws and executive orders. The information provided on and through an SAP Website may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States and other jurisdictions.
IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES AND OF THE COUNTRY FROM WHICH YOU ARE ACCESSING AN SAP WEBSITE.