Terms of Use Agreement for the SAP HANA Cloud Site

3. LICENSES
By transmitting or uploading any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, suggestions, feedback, ideas, expression of ideas, other materials, or any posting to any forum, wiki, or blog to any web page on the HANA Cloud Site (collectively, "Public Content"), You grant to SAP a perpetual, irrevocable, non-exclusive, world-wide, fully-paid up and royalty free license to use such Public 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 Public Content, and all rights therein; to make, have made, offer to sell, sell, lease, or otherwise distribute any Public Content or product; and to practice any method, embodying such Public 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 Public Content that You send or upload. If SAP elects to post or publish the Public Content, SAP may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.
SAP may make certain SAP-created or licensed articles, information, data, code, text, software, documentation, graphics, images, marketing materials, videos, photographs or other materials available to You on the HANA Cloud Site (“SAP Content”). SAP grants You a limited, revocable, non-exclusive license to access, copy and use the SAP Content for Your own use in connection with your access and use of the HANA Cloud Site or in support of Your authorized use of SAP Software. You may not sublicense these rights to any third party. You may not use the SAP Content to create, enhance or market products or services that compete with any products or services of SAP. SAP may revoke this license at any time in the event You violate these TOU.
You acknowledge and agree that the relationship between you and SAP under these TOU 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 Public Content you submit. Nothing in these TOU shall prohibit or restrict SAP’s right to create or obtain other submissions similar to or competitive with those submitted by you.
6. CONFIDENTIAL INFORMATION
A. Except for websites within the HANA Cloud Site which are clearly identified as non-public forums (each a "Non-Public Forum"), the HANA Cloud Site is intended to be a public medium and You agree not to provide SAP or other users of the HANA Cloud Site with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Any Public Content that You send or upload to HANA Cloud Site will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such Public Content.
B. You agree not to reproduce any Confidential Information to which you are provided access through the HANA Cloud Site 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 except the limited rights as described herein. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the SAP Software or Services, or compete with SAP Software or Services in whole or in part. As used herein, ‘Confidential Information’ shall mean all SAP technical product documentation, trade secrets and other information or Services which SAP or third parties protect against unrestricted disclosure to others which is either labeled Confidential, accessed through a restricted or non-public area of HANA Cloud Site, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and ‘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 HANA CLOUD SITE, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, 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 HANA CLOUD SITE.
12. TERMINATION AND ACCOUNTABILITY
In the event You are in material breach of the Controlling Terms, SAP may, at its sole discretion, suspend or terminate Your rights under these TOU and refuse You any current or future use of HANA Cloud Site, including SAP Content. SAP shall not be liable to You or any third party for any termination or change to HANA Cloud Site and/or the Services. If You send or upload Public Content that is confidential or proprietary of a third party without that third party’s permission, or, if You transmit or upload Public Content that is intended to infect, corrupt or otherwise disrupt the operation of HANA Cloud Site or any other user’s 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 HANA Cloud Site to:
SAP may terminate Your right to access the HANA Cloud Site under these TOU for convenience in whole or in part at any time.
15. EXCLUSION OF SOFTWARE WARRANTIES
The HANA Cloud Site, other users’ Public Content, SAP 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 HANA Cloud Site, other users’ Public Content, SAP Content or Services or give any undertaking with regard to any other quality. Statements and explanations to the HANA Cloud Site, other users’ Public Content, SAP Content or Services in promotional material or on the HANA Cloud Site 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.
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 HANA Cloud Site, or the content obtainable on such web-pages or (ii) information provided by third parties on the HANA Cloud Site. SAP only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on the HANA Cloud Site evidently contains illegal contents or infringements against intellectual property rights. SAP will not permanently control and/or review the linked web-pages and the information provided by third parties but upon sufficiently proven indication will remove the respective link and/or information. SAP shall not be liable for damages caused by the use of the content and/or information, unless such damages have been caused by SAPs willful misconduct, gross negligence or SAPs failure to fulfill its duty to review as stipulated herein.
16. LIMITATION OF LIABILITY
SAP will not be liable or responsible in any way for any Public Content posted on or linked from the HANA Cloud Site including, but not limited to, any errors or omissions in Public Content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any Public 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 OF THE HANA CLOUD SITE 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 HANA CLOUD SITE, SAP SOFTWARE, SAP CONTENT OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY SAP SOFTWARE, PUBLIC CONTENT, SAP CONTENT OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON THE HANA CLOUD SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE HANA CLOUD SITE; OR (v) ANY OTHER MATTER RELATING TO THE HANA CLOUD SITE OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF MALICIOUS INTENT OR GROSS NEGLIGENCE BY SAP AND IN CASE OF SAPS STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
20. EXPORT CONTROL
You agree that Your use of the HANA Cloud Site 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 HANA Cloud Site 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 HANA Cloud Site 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 Public Content provided on the HANA Cloud Site 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 US and/or EU export transactions by any agency of the US government or European Union.
Access Outside of the United States and European Union. If You are accessing the HANA Cloud Site 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 these 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 HANA Cloud Site, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on the HANA Cloud Site, or any commercial transactions conducted on or through the HANA Cloud Site.
Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use the HANA Cloud Site, Your access of the HANA Cloud Site 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. You shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph.