Commercial Terms & Conditions
1.0 General Terms and Conditions
- Customer shall ensure that any person or entity that accesses the services under Customer’s account complies with the terms of this Agreement and Customer shall be responsible for any breach by such person or entity as if it was Customer’s own breach
- SAP is responsible for the maintenance (as outlined under this Exhibit B) and availability of the SAP Learning Hub Public Edition throughout the Access Term of this Agreement, see section 5.0 for details.
- SAP shall integrate Customer’s SAP Learning Hub Public Edition with a content delivery network (CDN). However, it is imperative that Customer ensures that their users have access to adequate Internet bandwidth to eliminate performance issues.
2.0 SAP Learning Hub Public Edition Content
- SAP Learning Hub contains the following content repositories
- Participant handbooks of the SAP Education Global Master Curriculum (GMC) in a secured Flipbook format
- eLearning titles in streamed browser-based format
- Online Knowledge Products (OKPs) of the Ramp-up Knowledge Transfer program containing delta knowledge (various formats, e.g. PDFs, audio books, simulations)
- All SAP Learning Hub content is available in English language only.
- SAP Learning Hub content is updated once a month with all new and/or updated content that has become publicly available during that month
- Older versions can be removed from SAP Learning Hub at SAP’s discretion; old releases can be removed after 6 months of availability of new release.
- SAP is responsible for the online provisioning and rendering of the content in digital format.
- Any forms of offline usage, e.g. copies on local drives, printing of content, are not allowed, supported by SAP and will be disabled where possible.
- The library content cannot be modified.
4.0 SAP Learning Hub Public Edition Access Term
- The Access Term for the SAP Learning Hub Public Edition will be 12 months from the date of Delivery (the “Access Term”).
- Customer can extend or renew the access agreement in one (1) year increments via a new contract.
- Customer can purchase additional SAP Learning Hub Public Edition users at any time pursuant to SAP’s then current pricing
- Access will not be granted before payment has been received.
- Notwithstanding SAP’s right to terminate under Section 5 of the Agreement and in addition to any other remedies available to SAP, in the event of (i) any material breach of the Agreement which poses an imminent threat to the SAP systems or software or (ii) a determination by SAP that continued use of the Services may result in harm to the SAP systems or other SAP Customers, or result in a violation of applicable law, regulation, legal obligation or rights of any third party (iii) any materials provided by Customer violate the rights of any third party, SAP will have the right to immediately, in SAP’ sole discretion, (i) terminate the Services (ii) deactivate Customer’s user name(s) and password(s) and/or (iii) suspend access to the Services and (iv) remove any content or data of Customer in the Services for such period as SAP deems necessary to prevent such harm or violation.
- Upon the effective date of termination (i) Customer’s access to Services will be terminated, and (ii) Customer shall return all SAP content in its possession Customer data may remain on the CDN network for up to one (1) week following the deletion from SAP Learning Hub Public Edition.
- Customer data shall be deleted after termination of this Agreement.
5.0 SAP Learning Hub Public Edition Support
- Customer is responsible for the internal rollout and usage.
- SAP provides level 1 support, incl. all “how to questions”, to all user issues to confirm that an issue actually does exist.
- SAP provides level 2 technical support for the SAP Learning Hub Public Edition and the SAP content therein
- SAP will not provide support to users seeking advice and recommendations on learning needs and suitable learning content recommendations. All user inquiries relating to content relevance, content recommendations or content fit to their learning needs will be redirected to Customer SAP provides the content AS-IS. SAP AND ITS LICENSORS DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED. The Customer is accepting the content AS-IS. SAP will not correct any content that student might find that has got spelling, grammar or any other errors. SAP will compile a list of corrections that will be taken into consideration at the next scheduled update of the respective content.
SAP’s role in the maintenance and support of Customer’s SAP Learning Hub Public Edition:
- SAP shall provide trouble-shooting services where Customer identifies an issue with portal functionality. SAP shall use reasonable efforts to respond to the issue within 1 Business day, however, additional time may be required to resolve actual technical issues.
- SAP will load new and updated SAP content that falls within the scope of this agreement as it is made publicly available.
- SAP shall maintain course descriptions and catalog entries for the SAP content contained within the portal.
- Where regular maintenance will require down time of the portal, SAP will provide Customer with at least 5 working days notice of any down time.
- SAP shall troubleshoot any delivery issues with the SAP Learning Hub Public Edition solution associated with the CDN
- SAP has the right to and shall announce relevant SAP Education news, e.g. updates on newly uploaded content, news on curricula updates, news on Ramp-Up Knowledge Transfer workshops, updates on content that will be archived, etc. via the SAP Learning Hub Public Edition
Customer’s role in the maintenance and support of the SAP Learning Hub Public Edition
- Customer users shall communicate with SAP Learning Hub support team to describe identified issues and provide all requested information for identifying the root cause of the issue to SAP Learning Hub support team
- SAP Learning Hub support team shall communicate with Customer users to identify issues and provide feedback and support to resolve those issues.
6.0 SAP Learning Hub Public Edition - Service Level
- “Update” means a software patch to any of the software components that constitute SAP Learning Hub Public Edition to correct defects or deficiencies in software or to provide minor modifications that do not substantially change the basic character or structure of SAP Learning Hub Public Edition.
- “Production System” means the system on which the live version of SAP Learning Hub Public Edition runs.
- Items Covered by Support and Maintenance Services
- email support for all Customer issues relating to the use of the SAP Learning Hub Public Edition all available fixes or updates for the constituent components of the SAP Learning Hub Public Edition as they become available for general release.
- any other support that may be required to maintain the aforesaid service level of 99%.
- Customer obligation
- Customer agrees to provide SAP with all information and materials requested by SAP for use in replicating, diagnosing and/or correcting an error or other problem with the SAP Learning Hub Public Edition reported by Customer.
- Contact Methods
- Customer may contact SAP to log an error / feedback report and request support and maintenance services by email.
- Response Times
- Support will be available between 7 AM – 11 PM IST 5 days per week (Monday through Friday) except 12 Indian National holidays. These holidays will be published and made available to the users.
- Initial response will be provided within 1 business day of receipt of email from end customer
- Support and maintenance services in relation to SAP Learning Hub Public Edition will be provided for the term set forth in this agreement. Any termination of the agreement between SAP and Customer will automatically terminate the support and maintenance services as provided herein.
7.0 SAP Learning Hub Public Edition - Restrictions
- Customer may not interfere or attempt to interfere with the functionality or proper working of the Services in any manner not contemplated by this Agreement.
- Customer may not use the Services for the purpose of any illegal activities including activities that violate anti-spamming laws and regulations.
- Customer may not remove, obscure, or alter any notice of any mark, or other intellectual property or proprietary right appearing on or contained within the Services.
- Customer may not, and may not attempt to, modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Services.
- Customer may not, and may not attempt to, reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services.
- Customer may not use, and may not authorize any of its users to use any public software or open source software in connection with the Services in any manner that requires, pursuant to the license applicable to such public or open source, that any software used to provide the Services be (a) disclosed or distributed in source code form, (b) made available free of charge to recipients, or (c) modifiable without restriction by recipients.
8.0 SAP Learning Hub Public Edition - Ownership
- SAP owns all intellectual property rights in the services, course content and materials provided by SAP under this Exhibit B and the Agreement. Customer is not permitted to make any derivative works of the Services or training materials provided under this agreement. The Services and training materials are SAP Proprietary Information.