Our Terms

Terms of Use for the SAP NS2 Website

Revised and posted as of October 2024

1. SCOPE

SAP National Security Services, Inc. (“SAP NS2”) is an independent subsidiary of SAP SE, Dietmar-Hopp-Allee 16, 69190 Walldorf/Germany (“SAP SE”). This website, available at https://www.sapns2.com/ (“SAP NS2 Website”), allows you (“You” or “Your“) and other SAP software experts, developers, users, and other interested parties (each, a “User” and collectively, “Users“) to engage in a variety of activities, such as find information, research SAP and related software and services, obtain support for SAP software and services, share information with SAP and third parties, blog, and engage in conversations and activities related to SAP and SAP NS2’s products and services. The Website also includes information created and published by SAP NS2 (“SAP NS2 Materials”) and third parties (“Third-Party Content”), such as text, images, photographs, graphics, audio and video, data, code, and software (collectively, the SAP NS2 Materials and Third-Party Content are referred to as “Content”).

2. ACCEPTANCE OF TERMS

Your access and use of the SAP NS2 Website is subject to and governed by these Terms of Use, also referred to as “TOU”, including any additional or different disclaimers, legal notices, agreements, or terms and conditions that may apply to Your use of or access to any particular SAP NS2 Website, SAP NS2 Materials, or Third-Party Content. If there is a conflict between the terms in this TOU and any additional legal terms, the additional legal terms shall control. This TOU forms a legally binding agreement between You and SAP NS2. By clicking an “I Accept” button as part of a registration process, or otherwise demonstrating your consent to this TOU through a process established by SAP NS2, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You should not click the “I Accept” button (or equivalent) or attempt to access or use any SAP NS2 Website, SAP NS2 Materials, or Third-Party Content. Please note that this TOU does not govern the use of any cloud solutions (e.g., SAP HANA Cloud Platform, SAP HANA Enterprise Cloud, SAP SuccessFactors, SAP Fieldglass, SAP Ariba, etc.) provided by SAP or SAP NS2 and for which You are required to enter into a separate agreement.

SAP NS2 may modify the TOU to reflect changes in SAP NS2’s business, applicable law, or for other reasons deemed necessary by SAP NS2. If the terms of the TOU change, SAP NS2 will provide notice insofar reasonably possible and necessary, which may include, but is not limited to notice provided through the Website or an SAP NS2 user account. Except where prohibited by law, updates to the TOU will apply once the changes have been posted or notice has otherwise been given. Changes to the TOU will, however, not apply retroactively. If You do not agree to changes made to the TOU, You must discontinue your use of the affected SAP NS2 Website, SAP NS2 Materials, or Third-Party Content.

3. PERMISSIBLE USE OF SAP NS2 WEBSITE AND CONTENT

The SAP NS2 Website, the SAP NS2 Materials, and the Third-Party Content are for your non-commercial use, that is, your use must not be intended for or directed towards commercial advantage or monetary compensation. You may not copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, rent, lease, or sell the SAP NS2 Website, SAP NS2 Materials, or Third-Party Content. You may, however, download, store, and display on your computer or other electronic device, solely to view, listen to, play and print SAP NS2 Materials and Third-Party Content; provided that: (a) the SAP NS2 Materials and Third-Party Content may only be used for informational, non-commercial purposes and will not be copied or posted on any computer network, or otherwise published, broadcast, or distributed in any manner or media; and (b) the SAP NS2 Materials and Third-Party Content may not be modified or altered in any way, including any copyright notices.

You may not use the SAP NS2 Website in any manner that could damage, disable, overburden, or impair any SAP NS2 server, or the network(s) connected to any SAP NS2 server, or interfere with any other party’s use and enjoyment of any SAP NS2 Website. You may not attempt to gain unauthorized access to any SAP NS2 Website, other accounts, computer systems or networks connected to any SAP NS2 server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SAP NS2 Website.

You agree not to use an SAP NS2 Website to:

• publish, upload, post, email, transmit or otherwise make available any User Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
• defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity or business integrity;
• impersonate any person or entity, including, but not limited to, an SAP NS2 official, SAP NS2 employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• forge email headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the SAP NS2 Website;
• download any file or User Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
• interfere with or disrupt the servers, or networks which support the SAP Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the SAP NS2 Website;
• violate any applicable local, state, national or international law and any regulations;
• harvest, collect, or store personal information or data of other users; and/or use any automated data gathering or extraction methods designed to scrape or extract data from SAP NS2 Website, including for text and data mining purposes.

 

4. TERMINATION OF USE

SAP NS2 may, in its sole discretion, at any time discontinue providing or limit access to the SAP NS2 Website, any areas of the SAP NS2 Website, or any SAP NS2 Materials or Third-Party Content provided on or through the SAP NS2 Website. You agree that SAP NS2 may, in its sole discretion, at any time, terminate or limit your access to, or use of, any or all of the SAP NS2 Website or any SAP NS2 Material or Third-Party Content. In the event You are in material breach of the TOU, SAP NS2 may, at its sole discretion, suspend or terminate Your account, delete Your Content from the SAP NS2 Website, and refuse You any current or future use of the SAP Website without notice. SAP NS2 shall not be liable to You or any third party for any such suspension or termination.

If You wish to terminate your account, you may do so by submitting your request via email to privacy@sapns2.com.

5. CONFIDENTIAL INFORMATION

Except for any portion of the SAP NS2 Website which is clearly identified as a non-public forum (“Non-Public Forum“), the SAP NS2 Website is intended to be a public forum, and You agree not to provide SAP NS2 or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Except for User Content clearly labeled as confidential that You upload into a Non-Public Forum, any User Content that You send or upload to the SAP NS2 Website 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 User Content.

You agree not to reproduce any Confidential Information to which you are provided access through the SAP NS2 Website in any form except as authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of SAP NS2 or the third party that has prepared such information 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 (c) not to disclose any Confidential Information to any party without the prior written consent of SAP NS2 or the third party that has prepared such information. 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 NS2 Software or SAP NS2 Website, or compete with the SAP NS2 Software or the SAP NS2 Website in whole or in part. As used herein, “Confidential Information” shall mean all trade secrets, Intellectual Property rights, as defined below, and other information SAP NS2 or third parties protect against unrestricted disclosure to others which is (i) either labeled Confidential and accessed through a restricted or non-public area of the SAP NS2 Website or pursuant to software downloads, or (ii) reasonably identifiable as confidential based on the type of information and the manner of its disclosure. As used herein “reasonable steps” means those steps You and/or Your Company take to protect Your own Confidential Information, which shall not be less than the industry standard of care.

ALL USER CONTENT POSTED BY YOU TO THE SAP NS2 WEBSITE, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK, AND SAP NS2 TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF AN SAP WEBSITE.

6. YOUR INFORMATION, PRIVACY, AND DATA PROTECTION

By providing SAP NS2 with personally identifiable information about you (“Personal Data”), You expressly agree that SAP NS2 may collect, use, store and otherwise process Your Personal Data for the purpose of providing you with access to the SAP NS2 Website and related services, products and SAP NS2 Materials.

You are responsible for and agree to provide SAP NS2 with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date.

You are solely responsible with regard to usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time.

YOU AGREE TO COMPLY WITH THE TERMS OF THE SAP NS2 PRIVACY STATEMENT, WHICH CAN BE FOUND BY CLICKING ON THE ‘PRIVACY’ LINK AT THE BOTTOM THE SAP NS2 WEBSITE.

7. INTELLECTUAL PROPERTY RIGHTS

As used herein, “Intellectual Property rights” means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.

All Intellectual Proprietary rights to any SAP NS2 software, the SAP NS2 Website, SAP NS2 Materials, and Third-Party Content belongs to SAP NS2 or the third party from which it was received. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any SAP NS2 software, the SAP NS2 Website, any SAP NS2 Materials, or any Third-Party Content for any reason, unless otherwise expressly permitted by the TOU or by law. You hereby agree to assign and do assign to SAP NS2 (and SAP NS2 accepts such assignment) any modifications, derivative works of, or suggestions to improve any SAP NS2 software, the SAP NS2 Website, and SAP NS2 Materials made by You in contravention of this limitation without remuneration of any kind. You hereby agree to cooperate in the completion of any formalities necessary to effectuate the transfer of such rights, including without limitation entering into a separate deed of assignment, and any communications with the relevant registers.

8. RESPONSIBILITY FOR CONTENT AND LINKS

SAP NS2 does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of Intellectual Property rights, or quality of any Content provided by third parties on the SAP NS2 Website. SAP NS2 may remove any Content posted on the SAP Website at SAP NS2’s sole discretion.

The SAP NS2 Website may contain links to external websites. SAP NS2 shall not be responsible for the contents of any linked website, or any changes or updates to such websites. Additionally, SAP NS2 shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any software, content, goods, or services available on or through any such linked website. SAP NS2 does not control and/or review the linked web-pages and the information provided by third parties.

9. USE OF SAP NS2 AND THIRD-PARTY SOFTWARE

Your access and use of any software or related documentation, including developer tools and sample code, and any application program interface information provided on the SAP NS2 Website (collectively “Software“) is governed by the software license agreement and related documents and terms (e.g., attachments, exhibits, order form, disclaimers, etc.) (“License Agreement“) that accompany such Software. You may not use or install any Software that is accompanied by a License Agreement unless and until You first agree to the terms of the License Agreement. You must not modify, decompile, or reverse engineer any Software, except to the extent expressly permitted by applicable law or the License Agreement.

In the event that Software provided through the SAP NS2 Website is not accompanied by a License Agreement: the Software may be used solely for your personal, informational, noncommercial purposes; the Software may not be modified or altered in any way; and the Software may not be redistributed.

All SAP and SAP NS2 Software is the copyrighted work of SAP or SAP NS2. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including SAP or SAP NS2 Software, is an infringement of the copyright holder’s rights.

10. INDEMNITY

You agree to indemnify and hold SAP NS2, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your Third-Party Content or Your usage of the SAP NS2 Website, Your breach of this TOU, any additional legal terms, or SAP NS2’s Privacy Statement, Your unauthorized use of any SAP or SAP NS2-owned Intellectual Property, or Your alleged violation of any other rights of a third party.

11. EXCLUSION OF WARRANTIES

The SAP NS2 Website and Content are being provided to You “AS IS”. The use of the SAP NS2 Website and Content is at your own risk. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SAP NS2 DOES NOT GUARANTEE OR WARRANT ANY FEATURES OR QUALITIES OF ANY SAP NS2 WEBSITE OR CONTENT, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR GIVE ANY UNDERTAKING WITH REGARD TO ANY OTHER QUALITY. Statements and explanations on the SAP NS2 Website and Content in promotional material or on the SAP NS2 Website and/or documentation 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 NS2 description of or advertisement except to the extent SAP NS2 has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of SAP NS2’s management.

12. LIMITATION OF LIABILITY

SAP NS2 will not be liable or responsible in any way for any Third-Party Content posted on or linked from the SAP NS2 Website, including, but not limited to, any errors or omissions in Content, or for any losses or damage of any kind incurred as a result of the use of or reliance of any Content or other material accessed on or through any SAP NS2 Website and made available by a third party.

TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, SAP NS2 AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER 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 NS2 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 SAP NS2 WEBSITE, SAP NS2 SOFTWARE, OR SAP NS2 MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY SAP NS2 SOFTWARE, SAP NS2 MATERIALS OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON THE SAP NS2 WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE SAP NS2 WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SAP NS2 WEBSITE OR SAP NS2 MATERIALS.

13. APPLICABLE LAW

Delaware law will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all applicable export control laws as set forth under the ‘EXPORT CONTROL’ Section below which are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.

14. SURVIVAL

Your confidentiality obligations hereunder shall survive termination of Your account. Upon any termination of Your account, or SAP NS2’s written request, You must cease use of Confidential Information, and/or SAP NS2 Website, and return or destroy all Confidential Information in Your possession or control.

15. WAIVER AND SEVERABILITY

The failure of SAP NS2 to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.

16. ENTIRE AGREEMENT

The TOU represents the entire arrangement between the Parties in respect of its subject matter and supersedes all prior agreements, understandings, or arrangements (both oral and written) relating to its subject matter. No collateral agreements have been made.

17. EXPORT CONTROL

SAP NS2 Website may not be accessed or used by any national or certain countries/regions or groups against which the United States and/or European Union have instituted sanctions (including Iran, Cuba, North Korea, Syria, the so-called Donetsk People’s Republic (DNR) and Luhansk People’s Republic (LNR), and the Crimea Region/Sevastopol), Specially Designated Nationals, and other proscribed persons who are listed on any United States and/or European Union restricted party list. Further restrictions apply to any end user who will utilize Content provided on the SAP NS2 Website 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.

Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use the SAP NS2 Website, Your access of the SAP NS2 Website, including the presentment of any authorized user ID and password, constitutes Your express representation that (1) the person attempting access thereunder is not a national of any sanctioned country or group or a Specially Designated National, and (2) is not included on any restricted party 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. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph.

You agree that Your use of the SAP NS2 Website, or any Content will be in compliance with U.S. sanctions and export control laws and executive orders. The information provided on and through the SAP NS2 Website may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States and other jurisdictions.

IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES AND OF THE COUNTRY FROM WHICH YOU ARE ACCESSING THE SAP NS2 WEBSITE.