END USER LICENSE AGREEMENT

Please scroll down and read the following end user license agreement carefully. This is a legal agreement ("Agreement") between you and SAP AG which provides the terms of your use of the SAP Support Desk (“Software”). By clicking "I Accept" or by installing and/or using the Software, you 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.

   
  1. 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. "You" and "Your" refers to the individual or entity that wishes to use the Software. "Apple" refers to Apple, Inc. and its majority owned affiliates.

  2. Supported Devices: The Software supports certain Apple mobile devices, and data networks such as 3G, EDGE and WiFi, and enables users to access SAP Standard Software for use of specifically enabled business processes through such Apple mobile devices.

  3. License: Subject to the terms, conditions and limitations stated in this Agreement and the Apple App Store Terms of Service, SAP grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to run the Software on Your Apple mobile device solely for the purpose of the Software accessing SAP Standard Software that You or Your employer have licensed 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 use of the Software. 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://wiki.sdn.sap.com/wiki/x/uwDpCw .

  4. Intellectual Property: SAP retains all ownership and intellectual property rights in the Software. You may 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.

  5. Warranty:
    a) If You are located outside the US or Canada: As the Software is provided to You 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 You 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 Your attention to the fact that availability is subject to Apple´s sole discretion as operator of the Apple App Store. All warranty claims are subject to the limitation of liability stipulated in section 6 a) below.
    b) If You are 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 YOUR ATTENTION TO THE FACT THAT AVAILABILITY IS SUBJECT TO APPLE´S SOLE DISCRETION AS OPERATOR OF THE APPLE APP STORE.

  6. Liability:
    a) If You are 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 You are located in the US or Canada: IN NO EVENT SHALL SAP BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY FOR ANY DAMAGES 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.

  7. Indemnification: SAP will 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 pay all damages and costs awarded by a court of final appeal attributable to such claim; provided, however, that You: a) provide notice of the claim promptly to SAP (but no later than one (1) month after You received notice of the claim), b) give SAP sole control of the defense and settlement of the claim, provided that You, at Your option and expense, may also be represented in the legal proceeding by independent counsel, c) provides to SAP, at SAP’s expense, all commercially reasonable information, assistance and authority to defend such claim and d) have not compromised or settled such proceeding without SAP’s prior written consent.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. This section states the entire liability of SAP with respect to the indemnification of any intellectual property right infringement hereunder and there shall be no additional liability with respect to any alleged or proven infringement.

  8. Export: The Software is subject to German, EU and US export control regulations. You confirm that: a) You 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) You are 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) You 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) You will not download or otherwise export or re-export the Software, directly or indirectly, to persons on the above-mentioned lists.

  9. Support: 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 Apple App Store.

  10. Term and Termination:
    You may terminate this Agreement by destroying all copies of the Software on Your Apple mobile device. SAP shall be entitled to terminate Your license to use the Software if 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 You or Your employer and either the respective SAP entity or the authorized SAP reselling partner. In case of termination or expiration of this Agreement, You must destroy all copies of the Software on Your Apple mobile device.

  11. 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 the Germany. You 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 You are 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.

  12. Third Party Product License Terms
    Google Mobile Maps Service (“GMM Service”). In case the Software accesses the GMM Service through a Google Maps API, Your 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 You do not accept such Google Terms of Use, including, but not limited to all limitations and restrictions therein, You may not use the GMM Service in the Software. You acknowledge and agree that use of the GMM Service in or through the Software will constitute Your acceptance of Google´s Terms of Use.

  13. 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. You and SAP agree that: (a) this Agreement is between SAP and You, and that Apple is not a party to this Agreement; (b) that SAP is solely responsible for the Software and the content thereof; (c) that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and d) Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary hereof, but only if You accept the terms of this Agreement as outlined above.

  14. Contact
    If you have any questions or support-issues with regards to the Software please refer to our help portal:http://service.sap.com/message

  15. Third Party Beneficiary
    Apple is a third party beneficiary of this Agreement and upon Your acceptance of the terms and conditions of this Agreement Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof.