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Teilnahmebedingungen Online Knowledge Products

1. Definitions

“Customer” means the person described under Contact Details in the order form.

“OKP Material” are learning maps for new SAP solutions or solution releases, which contain links to, for example, SAP Library documentation, Installation Guides, Implementation Guides, Release Notes, scheduled workshops, e-learning units, self tests, and other sources.

“Ramp-Up” or “Ramp-Up Phase” means the time period from the provision of the OKP Material for a certain SAP solution or solution release to the date of mass shipment of this SAP solution or solution release.

“OKP Participant” means employees of the customer who are licensed under these terms and conditions for OKP material.

“SAP Software” means all SAP software products as well as third party products, marketed and licensed to customers by SAP.

“SAP” means the SAP subsidiary mentioned in the order form.

2. Download and access

Access to the OKP Material is only available through the SAP Service Marketplace - OKP participants must have an S user ID to gain access and all names and S user ID's must be provided to SAP as part of the order. The materials can, but don't necessarily need to be, downloaded. OKP participants can access & view all materials on-line through the learning maps.

The risk of ownership shall pass to the ordering customer when SAP provides the OKP material on the SAP Marketplace and gives the customer confirmation of access by fax. Prices do not include customs duties, taxes, cost of warehousing, or any other official import charges. The ordering party shall check the OKP Material for completeness anddamage after downloading without delay and notify us immediately of losses.

Please be aware, that you need an internet access for validation of your user key while opening the downloaded file for the first time. As soon as you open the file at your PC the copy protection key is validated through the internet and you are licensed for using the product. Please note that once the key is validated you usually cannot copy the file to another PC and play it there. In either case if there is a technical copy protection or not, you are obliged to respect the copyright of SAP.

3. Intellectual Property

Every Employee using OKP Material has to be licensed under these terms and conditions for downloading, accessing or using the OKP material. Employees and otherswho have access to the OKP material must be informed of SAP's copyright and rights of authorship and their duty to conform with the copyright laws. Customer shall carefully safeguard the downloaded products that has been made available to the customer or OKP participants, to prevent its misuse. Customer is permitted to use the OKP Material only for its own internal training purposes.

It is illicit to copy, or distribute OKP material, Download/Online Products, links, S-Users or passwords among other people.

4. Return orders

The right to return documentation provided for downloading is excluded.

5. Updating and support of content

The content in the OKP Material will be subject to change or may be added to during the currency of the Ramp-Up phase for the solution. No new content will be added after the completion of the Ramp-up phase. The OKP learning maps will be valid until such time as SAP begins a new ramp-up phase for the next version or release of the software. Partner/Consultant will need to purchase a new OKP if they want access to learning maps for next release/software version.

Support is available via SAP Service Marketplace where an OKP participant is having difficulty with accessing or downloading the content only (ie not for questions about the software or other consulting/training type advice). Coaching, training or ask-the-expert type support is available separately from SAP subsidiaries for a fee.

The OKP Material does not include access to sandbox systems.

6. Payment terms

All selling prices quoted are net and subject to statutory sales tax/VAT.

Payment of invoices shall be made net not later than 14 days from goods receipt or performance of service.

If customer does not pay the invoice within the specified time, SAP reserves the right to charge interest at a rate five percentage points above the European Central Bank interest rate for main refinancing operations. The ordering party is entitled to offset only claims that are recognized by SAP AG or ordered by a court of law. Further, the ordering party is entitled to retain payment only where its counterclaim arises out of the same contract.

7. Reservation of title

Delivered goods remain the property of SAP AG until all existing claims against the ordering party have been fully paid.

8. Defects, warranty, and liability

The literary and artistic works and links have been carefully compiled. SAP does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within materials available through downloading. As there is no possibility to fully exclude errors. SAP assumes no responsibility for errors or omissions in these materials. It is the customers duty to verify such documentation.

Except as otherwise listed below, SAP shall not be liable for damages of any kind including without limitation direct, special, indirect, or consequential damages, for example loss of profit or other financial loss, that may result from the use of these materials. Where SAP's liability is excluded or limited, this also applies to the personal liability of SAP's employees, representatives, and people performing duties on SAP's behalf.

With respect to defects lying in SAP's responsibility, SAP AG, at its opinion, may decide to eliminate defects or make a replacement delivery or, by indicating a reasonably acceptable way to avoid the impact of the defect. If SAP AG after multiple efforts fails to eliminate a defect or make a replacement delivery within the preclusive period set by customer in writing, the ordering party shall be entitled, to rescind the agreement or claim an appropriate reduction in the purchase price. These warranty provisions are exclusive.

SAP shall be liable for damages, irrespective of legal cause (for example, breach of contract, or tortious act), only in cases of intent, where SAP shall be liable to pay damages in full; in cases of gross negligence liability is limited to the amount of foreseeable damage that would have been prevented through the exercise of due care; -in cases of absence of a warranted quality liability is limited to the amount of foreseeable damage through the exercise of due care; in cases of absence of an expressly warranted quality liability is limited to the amount of foreseeable damage that would have been prevented by the presence of the warranted quality. Contributory negligence may be claimed. Statutory liability for personal injury or liability under the German Product Liability Act is hereby - not affected.

All claims against SAP are barred after a period of one year - except in cases of intent or personal injury. This limitation period shall begin when either party becomes aware of the claim and shall end two (2) years after existence of the cause of action.

9. Data protection, privacy

SAP uses secure technologies to protect customers' personal data. SAP's security software Secure Sockets Layer (SSL) ensures that third parties cannot get access to customers' personal data. All personal information, such as credit card numbers, bank numbers, and bank account numbers, are encrypted. The ordering party agrees to the collection, processing, and use of its personal data to the extent necessary for processing the order.SAP may use customers' postal and e-mail addresses for promotions (forexample, invitations to events, product news, and registration in SAP's customer database). However, SAP does not wish to annoy its customers with unwanted mail and e-mail. Therefore, SAP uses opt-in procedures for its promotions where the receiver expressly agrees in advance to receive information, for example by joining a distribution list. In any case, SAP allows the recipient to opt out of a mailing list at any time, in which case SAP will not send any more information.

9. Applicable law and place of jurisdiction

German law exclusively governs this agreement, and the rules of conflicts of law and UN sales laws are expressively excluded. The place of jurisdiction shall be Karlsruhe, Germany for agreements with SAP Deutschland AG Co. KG, for agreements with SAP (Schweiz) AG the place of jurisdiction shall be Biel, Switzerland and for agreements with SAP Österreich GmbH the place of jurisdiction shall be Vienna, Austria.

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