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 SE which provides the terms of your use of the SAP Mobile App ("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.

Definitions: "SAP" refers to SAP SE, 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 that wishes to use the Software. "Apple" refers to Apple, Inc. and its majority owned affiliates.
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.
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. 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. 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 https://service.sap.com.
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.
Data Protection: The following data protection terms apply to your use of SAP Sailing Boat Tracker (the Software). By using the Software which is completely at your discretion you agree to the processing of personal data in the way described below. Data Controller in case of the Software is SAP SE, Dietmar-Hopp-Allee 16, 69190, Walldorf, Germany (SAP). SAP will use the ID of your device, your name, your boat number, your email address, location data of your boat and your picture if you decide to upload such picture to the Software (together your Personal Data) solely for the purpose of providing the functionality of the Software and therefore to display the results of boat races to you other users of the Software. If you are not the sole member of the crew of your boat you have to ensure that all other members of your crew consent to the use of the Software.
Warranty: As there is no charge for the license of the Software hereunder, You are not entitled to the elimination of any defects or to subsequent delivery of Software. SAP will compensate for loss or wasted anticipatory expenditure arising out of defects subject to the limitation of liability in section 7 herein.
Liability:
1. SAP is liable for damages or wasted anticipatory expenditures, in tort or otherwise, only (a) under German product liability legislation, (b) for SAP’s gross negligence or intent, (c) for absence of an expressly assured or guaranteed quality, or (d) for personal injury.
2. Where SAP is liable for grossly negligent acts of its employees who are not directors or officers of SAP, SAP’s total liability for damages is limited to that liability and to not more than the quantum of loss that SAP ought, in the light of its knowledge of circumstances at the time this License Agreement was made, to have foreseen as typical in connection with provision and licensed use of Software.
3. Where SAP is liable under section 7.2, it is not liable for indirect loss, consequential damages, or loss of profit.
4. SAP and Licensee agree that the typical foreseeable quantum of loss cannot exceed €50,000 in any case.
5. Licensee undertakes to take appropriate steps to safeguard its data and programs, including without limitation making backup copies not less frequently than is recommended by SAP. Notwithstanding the other limitations of this section 7, SAP is not liable for the loss of data and its recreation, in so far as this would have been avoidable through observance of this obligation.
6. The benefit of exclusions and limitations in this section 7 also extends to claims of Customer against employees, contractors, and agents of SAP.
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. Section 7 shall apply accordingly.
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.
Data Protection: SAP and You must comply with the provisions of the law of data protection. Where SAP is granted access (for example, for remote maintenance) to hardware and software that You use, it is not the intention that SAP process or use personal data for business purposes. Rather, transfer of personal data will only take place in exceptional circumstances, as an incidental effect of SAP’s performing its contractual duties. If in the course of contract maintenance SAP stores, processes, or uses personal data, it will comply with Your instructions in that respect. Additional remuneration is payable by You to the extent such instructions require goods, works, or services not included in the contract. SAP and You must implement the technical and organizational measures required by the German Federal Data Protection Act, section 9 and the schedule thereto, to protect personal data from misuse. SAP will deploy on work involving the processing of personal data only personnel bound to data secrecy in the meaning of the German Federal Data Protection Act, section 5. SAP will bind to the applicable provisions of the law of data protection any subcontractor with access to personal data. If the subcontractor is not domiciled in the European Union (EU), SAP will take steps to achieve a level of data protection that is appropriate in accordance with EU data protection requirements. You must ensure that all legal requirements on your part are met so that SAP can perform its contractual services without infringing the law. You acknowledge and agree that any of Your personal information will at all times be processed by SAP in accordance with its Privacy Policy (https://www.sap.com/corporate-en/our-company/legal/privacy.epx).
Support: SAP does not offer support for the Software other than – at its sole discretion - provision of updates, patches, bug fixes and new versions.
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.
Law/Venue:
German law applies exclusively to all claims in contract, in tort or otherwise, and the UN sales laws convention is excluded. If You are a merchant within the meaning of the German Commercial Code (HGB), section 1, or a public-law juristic person or special fund, the sole place of jurisdiction for all differences arising out of or in connection with the Software Agreement shall be Karlsruhe.
Third Party Product License Terms
1. 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. Company’s usage of GMM Service within the Software can be terminated by SAP without stating any reason at any time. In that case SAP is not required to provide an equivalent service via another provider. Company is not entitled to seek any damages thereof.
2. Bing Maps Service (“BM Service”). In case the Software accesses the BM Service through a Bing Maps API, Company’s use of the BM Service is subject to Microsoft’s Terms of Use which are set forth on: http://www.microsoft.com/maps/assets/docs/terms.aspx#l1. If Company does not accept such Microsoft Terms of Use, including, but not limited to all limitations and restrictions therein, you or Company may not use the BM Service in the Software. Company acknowledges and agrees that use of the BM Service in or through the Software will constitute Company’s acceptance of Microsoft’s Terms of Use. Company’s usage of BM Service within the Software can be terminated by SAP without stating any reason at any time. In that case SAP is not required to provide an equivalent service via another provider. Company is not entitled to seek any damages thereof.
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: 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.
Contact
If you have any questions or support-issues with regards to the Software please refer to our help portal: https://service.sap.com.