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LICENSE
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LICENSE
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SAP SAMPLE CODE LICENSE AGREEMENT
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Please scroll down and read the following SAP Sample Code License Agreement
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carefully ("Agreement"). By downloading, installing, or otherwise using the
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SAP sample code or any materials that accompany the sample code documentation
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(collectively, the "Sample Code"), You agree that this Agreement forms a legally
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binding agreement between You ("You" or "Your") and SAP SE, for and on behalf
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of itself and its subsidiaries and affiliates (as defined in Section 15 of the
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German Stock Corporation Act), and You agree to be bound by all of the terms
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and conditions stated in this Agreement. If You are trying to access or download
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the Sample Code on behalf of Your employer or as a consultant or agent of a
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third party (either "Your Company"), You represent and warrant that You have
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the authority to act on behalf of and bind Your Company to the terms of this
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Agreement and everywhere in this Agreement that refers to 'You' or 'Your' shall
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also include Your Company. If You do not agree to these terms, do not attempt
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to access or use the Sample Code.
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1. LICENSE: Subject to the terms of this Agreement, SAP grants You a nonexclusive,
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non-transferable, non-sublicensable, revocable, royalty-free,
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limited license to use, copy, and modify the Sample Code solely for Your internal
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business purposes.
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2. RESTRICTIONS: You must not use the Sample Code to: (a) impair, degrade or
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reduce the performance or security of any SAP products, services or related
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technology (collectively, "SAP Products"); (b) enable the bypassing or
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circumventing of SAP's license restrictions and/or provide users with access to
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the SAP Products to which such users are not licensed; or (c) permit mass data
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extraction from an SAP Product to a non-SAP Product, including use,
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modification, saving or other processing of such data in the non-SAP Product.
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Further, You must not: (i) provide or make the Sample Code available to any
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third party other than your authorized employees, contractors and agents
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(collectively, “Representatives”) and solely to be used by Your Representatives
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for Your own internal business purposes; ii) remove or modify any marks or
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proprietary notices from the Sample Code; iii) assign this Agreement, or any
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interest therein, to any third party; (iv) use any SAP name, trademark or logo
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without the prior written authorization of SAP; or (v) use the Sample Code to
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modify an SAP Product or decompile, disassemble or reverse engineer an SAP
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Product (except to the extent permitted by applicable law). You are responsible
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for any breach of the terms of this Agreement by You or Your Representatives.
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3. INTELLECTUAL PROPERTY: SAP or its licensors retain all ownership and
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intellectual property rights in and to the Sample Code and SAP Products. In
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exchange for the right to use, copy and modify the Sample Code provided under
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this Agreement, You covenant not to assert any intellectual property rights in
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or to any of Your products, services, or related technology that are based on
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or incorporate the Sample Code against any individual or entity in respect of
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any current or future SAP Products.
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4. SAP AND THIRD PARTY APIS: The Sample Code may include API (application
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programming interface) calls to SAP and third-party products or services. The
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access or use of the third-party products and services to which the API calls
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are directed may be subject to additional terms and conditions between you and
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SAP or such third parties. You (and not SAP) are solely responsible for
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understanding and complying with any additional terms and conditions that apply
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to the access or use of those APIs and/or third-party products and services.
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SAP does not grant You any rights in or to these APIs, products or services
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under this Agreement.
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5. FREE AND OPEN SOURCE COMPONENTS: The Sample Code may include third party
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free or open source components ("FOSS Components"). You may have additional
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rights in such FOSS Components that are provided by the third party licensors
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of those components.
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6. THIRD PARTY DEPENDENCIES: The Sample Code may require third party software
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dependencies ("Dependencies") for the use or operation of the Sample Code. These
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Dependencies may be identified by SAP in Maven POM files, documentation or by
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other means. SAP does not grant You any rights in or to such Dependencies under
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this Agreement. You are solely responsible for the acquisition, installation
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and use of such Dependencies.
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7. WARRANTY:
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a) If You are located outside the US or Canada: AS THE SAMPLE CODE IS PROVIDED
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TO YOU FREE OF CHARGE, SAP DOES NOT GUARANTEE OR WARRANT ANY FEATURES OR
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QUALITIES OF THE SAMPLE CODE OR GIVE ANY UNDERTAKING WITH REGARD TO ANY OTHER
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QUALITY. NO SUCH WARRANTY OR UNDERTAKING SHALL BE IMPLIED BY YOU FROM ANY
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DESCRIPTION IN THE SAMPLE CODE OR ANY OTHER MATERIALS, COMMUNICATION OR
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ADVERTISEMENT. IN PARTICULAR, SAP DOES NOT WARRANT THAT THE SAMPLE CODE WILL BE
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AVAILABLE UNINTERRUPTED, ERROR FREE, OR PERMANENTLY AVAILABLE. ALL WARRANTY
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CLAIMS RESPECTING THE SAMPLE CODE ARE SUBJECT TO THE LIMITATION OF LIABILITY
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STIPULATED IN SECTION 8 BELOW.
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b) If You are located in the US or Canada: THE SAMPLE CODE IS LICENSED TO YOU
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"AS IS", WITHOUT ANY WARRANTY, ESCROW, TRAINING, MAINTENANCE, OR SERVICE
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OBLIGATIONS WHATSOEVER ON THE PART OF SAP. SAP MAKES NO EXPRESS OR IMPLIED
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WARRANTIES OR CONDITIONS OF SALE OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT
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LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR
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PURPOSE. IN PARTICULAR, SAP DOES NOT WARRANT THAT THE SAMPLE CODE WILL BE
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AVAILABLE UNINTERRUPTED, ERROR FREE, OR PERMANENTLY AVAILABLE. YOU ASSUME ALL
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RISKS ASSOCIATED WITH THE USE OF THE SAMPLE CODE, INCLUDING WITHOUT LIMITATION
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RISKS RELATING TO QUALITY, AVAILABILITY, PERFORMANCE, DATA LOSS, AND UTILITY IN
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A PRODUCTION ENVIRONMENT.
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c) For all locations: SAP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES IN
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RESPECT OF THIRD PARTY DEPENDENCIES, APIS, PRODUCTS AND SERVICES, INCLUDING BUT
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NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A
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PARTICULAR PURPOSE. IN PARTICULAR, SAP DOES NOT WARRANT THAT THIRDPARTY
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DEPENDENCIES, APIS, PRODUCTS AND SERVICES WILL BE AVAILABLE, ERROR FREE,
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INTEROPERABLE WITH THE SAMPLE CODE, SUITABLE FOR ANY PARTICULAR PURPOSE OR NONINFRINGING.
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YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THIRD
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PARTY DEPENDENCIES, APIS, PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION
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RISKS RELATING TO QUALITY, AVAILABILITY, PERFORMANCE, DATA LOSS, UTILITY IN A
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PRODUCTION ENVIRONMENT, AND NON-INFRINGEMENT. IN NO EVENT WILL SAP BE LIABLE
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DIRECTLY OR INDIRECTLY IN RESPECT OF ANY USE OF THIRD PARTY DEPENDENCIES, APIS,
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PRODUCTS AND SERVICES BY YOU.
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8. LIMITATION OF LIABILITY:
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a) If You are located outside the US or Canada: IRRESPECTIVE OF THE LEGAL
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REASONS, SAP SHALL ONLY BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT IF SUCH
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DAMAGE (I) CAN BE CLAIMED UNDER THE GERMAN PRODUCT LIABILITY ACT OR (II) IS
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CAUSED BY INTENTIONAL MISCONDUCT OF SAP OR (III) CONSISTS OF PERSONAL INJURY.
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IN ALL OTHER CASES, NEITHER SAP NOR ITS EMPLOYEES, AGENTS AND SUBCONTRACTORS
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SHALL BE LIABLE FOR ANY KIND OF DAMAGE OR CLAIMS HEREUNDER.
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b) If You are located in the US or Canada: IN NO EVENT SHALL SAP BE LIABLE TO
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YOU, YOUR COMPANY OR TO ANY THIRD PARTY FOR ANY DAMAGES IN AN AMOUNT IN EXCESS
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OF $100 ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SAMPLE
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CODE OR IN CONNECTION WITH SAP'S PROVISION OF OR FAILURE TO PROVIDE SERVICES
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PERTAINING TO THE SAMPLE CODE, OR AS A RESULT OF ANY DEFECT IN THE SAMPLE COED.
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THIS DISCLAIMER OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION THAT
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MAY BE BROUGHT AGAINST SAP, WHETHER IN CONTRACT OR TORT, INCLUDING WITHOUT
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LIMITATION ANY ACTION FOR NEGLIGENCE. YOUR SOLE REMEDY IN THE EVENT OF BREACH
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OF THIS AGREEMENT BY SAP OR FOR ANY OTHER CLAIM RELATED TO THE SAMPLE CODE SHALL
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BE TERMINATION OF THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY
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HEREIN, UNDER NO CIRCUMSTANCES SHALL SAP OR ITS LICENSORS BE LIABLE TO YOU OR
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ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
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INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA
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LOSS, COMPUTER FAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR
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LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES.
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9. INDEMNITY: You will fully indemnify, hold harmless and defend SAP against
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law suits based on any claim: (a) that any of Your products, services or related
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technology that are based on or incorporate the Sample Code infringes or
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misappropriates any patent, copyright, trademark, trade secrets, or other
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proprietary rights of a third party, or (b) related to Your alleged violation
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of the terms of this Agreement.
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10. EXPORT: The Sample Code is subject to German, EU and US export control
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regulations. You confirm that: a) You will not use the Sample Code for, and
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will not allow the Sample Code to be used for, any purposes prohibited by
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German, EU and US law, including, without limitation, for the development,
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design, manufacture or production of nuclear, chemical or biological weapons of
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mass destruction; b) You are not located in Cuba, Iran, Sudan, Iraq, North
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Korea, Syria, nor any other country to which the United States has prohibited
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export or that has been designated by the U.S. Government as a "terrorist
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supporting" country (any, an "US Embargoed Country"); c) You are not a citizen,
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national or resident of, and are not under the control of, a US Embargoed
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Country; d) You will not download or otherwise export or re-export the Sample
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Code, directly or indirectly, to a US Embargoed Country nor to citizens,
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nationals or residents of a US Embargoed Country; e) You are not listed on the
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United States Department of Treasury lists of Specially Designated Nationals,
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Specially Designated Terrorists, and Specially Designated Narcotic Traffickers,
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nor listed on the United States Department of Commerce Table of Denial Orders
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or any other U.S. government list of prohibited or restricted parties and f)
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You will not download or otherwise export or re-export the Sample Code, directly
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or indirectly, to persons on the above-mentioned lists.
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11. SUPPORT: SAP does not offer support for the Sample Code.
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12. TERM AND TERMINATION: You may terminate this Agreement by destroying all
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copies of the Sample Code in Your possession or control. SAP may terminate Your
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license to use the Sample Code immediately if You fail to comply with any of
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the terms of this Agreement, or, for SAP's convenience by providing you with
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ten (10) days written notice of termination. In case of termination or
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expiration of this Agreement, You must immediately destroy all copies of the
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Sample Code in your possession or control. In the event Your Company is acquired
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(by merger, purchase of stock, assets or intellectual property or exclusive
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license), or You become employed, by a direct competitor of SAP, then this
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Agreement and all licenses granted to You in this Agreement shall immediately
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terminate upon the date of such acquisition or change of employment.
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13. LAW/VENUE:
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a) If You are located outside the US or Canada: This Agreement is governed by
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and construed in accordance with the laws of Germany without reference to its
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conflicts of law principles. You and SAP agree to submit to the exclusive
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jurisdiction of, and venue in, the courts located in Karlsruhe, Germany in any
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dispute arising out of or relating to this Agreement or the Sample Code. The
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United Nations Convention on Contracts for the International Sale of Goods shall
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not apply to this Agreement.
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b) If You are located in the US or Canada: This Agreement shall be governed by
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and construed in accordance with the laws of the State of New York, USA without
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reference to its conflicts of law principles. You and SAP agree to submit to
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the exclusive jurisdiction of, and venue in, the courts located in New York,
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New York, USA in any dispute arising out of or relating to this Agreement or
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the Sample Code. The United Nations Convention on Contracts for the
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International Sale of Goods shall not apply to this Agreement.
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14. MISCELLANEOUS: This Agreement is the complete agreement between the parties
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respecting the Sample Code. This Agreement supersedes all prior or
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contemporaneous agreements or representations with regards to the Sample Code.
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If any term of this Agreement is found to be invalid or unenforceable, the
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surviving provisions shall remain effective. SAP's failure to enforce any right
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or provisions stipulated in this Agreement will not constitute a waiver of such
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provision, or any other provision of this Agreement.
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v1.0-071618
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