Terms of Use Agreement for the SAP Concur Developer Center

Last Updated: July 2021

1. Scope

Concur Technologies, Inc. (SAP or SAP Concur) created and maintains the SAP Concur Developer Center websites, including all related websites, and other websites added to the SAP Concur Developer Center from time to time (collectively Developer Center) to provide a repository where customers and SAP Concur partners (You or Your) may obtain information about and access to programs and other materials made available by SAP. Such information about and access to programs and other materials might include, but are not limited to: articles, information, data, code, text, SAP Concur software or related documentation, documentation and product specification, application program interface specifications, concepts, designs, programming techniques and programming concepts, flow charts, graphics, images, training and other services as well as marketing material around SAP Concurs products and services (collectively Materials). The terms of this Terms of Use Agreement shall be referenced collectively as TOU herein.

2. Acceptance of Terms

Unless otherwise agreed to in a separate signed writing, Your access and use of the Developer Center, Materials, or any services provided on Developer Center (any Services), are subject to this TOU. This TOU forms a legally binding agreement between You and SAP regarding Your access and use of the Developer Center, Materials, and the Services. Whenever there is a conflict between the terms in this TOU and Your software license, partnership and/or maintenance agreement, the terms of your software license and /or maintenance agreement shall control Your access and use of Developer Center, Materials and Services.

By accessing or using Developer Center, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You must not attempt to access or use Developer Center.

3. Confidential Information

You agree not to reproduce any Confidential Information (defined below) to which you are provided access through the Developer Center in any form except as authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of SAP and/or its original owner, 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. You do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on Materials or Services, or compete with Materials or Services in whole or in part. As used herein, Confidential Information shall mean all trade secrets and other information, Materials or Services which SAP or third parties protect against unrestricted disclosure to others which is either labeled Confidential, accessed through Developer Center, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure. Reasonable steps means those steps You and/or Your company take to protect Your own similar Confidential Information, which shall not be less than a reasonable standard of care. You shall not be obligated to treat information as Confidential Information if such information (i) was rightfully in Your possession prior to receipt from or disclosure by SAP; or (ii) is or becomes public knowledge other than through Your fault; or (iii) is or was rightfully disclosed to You by a source other than SAP or any party under their respective control; or (iv) is independently developed by You without use of the Confidential Information disclosed hereunder; or (v) must be disclosed by You according to mandatory applicable law. You are not permitted to access SAP or third party Confidential Information which You are not explicitly licensed to use as set forth in Your software license, partnership and/or maintenance agreement.

4. Your User Information, Privacy, and Data Protection

Your user ID and password (User Information) if provided to You is for Your sole access to Developer Center. You have to keep Your User Information secure. You are solely responsible with regard to usage and security of Your User Information and any activities that occur under Your account.

You understand and agree that SAP may collect, use, store and otherwise process Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Services subject to the SAP Privacy Statement. Collection and processing of personal information will be treated in compliance with the SAP Privacy Statement, and other applicable legislation. You agree that SAP may access, preserve and disclose Your User Information and other personal data if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that Your usage of Developer Center violates the rights of third parties or (iii) protect the rights, property or personal safety of SAP, other users, and the public.

5. Copyright Policy

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. You agree that You will not use Developer Center to infringe the Intellectual Property Rights of SAP or others in any way.

6. Responsibility for Links

Developer Center may contain links to external Web sites and information provided on such external websites by SAP Concur partners and third-party service providers. SAP shall not be responsible for the contents of any linked website, or any changes or updates to such sites. You further agree that SAP 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 content, goods or services available on or through any such linked website.

7. Intellectual Property Rights

Your access to and use of any SAP Concur software provided on Developer Center is subject to Your separate software license, partnership and/or maintenance agreement for such SAP Concur software which is supplemented by this TOU. All Intellectual Proprietary Rights to any SAP Concur software, Materials and Services shall belong to SAP. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any SAP Concur software, Materials, or Services for any reason unless otherwise permitted by law. You hereby agree to assign and do assign to SAP any modifications or derivative works of any SAP Concur software, Materials or Service made by You in contravention of this limitation.

8. Permissible Use of Developer Center and Developer Center Materials

Usage of Materials and Services provided on Developer Center is permitted only for Your sole business purpose in the scope of this TOU and Your valid software license, partnership agreement and/or maintenance agreement for SAP Concur software. SAP Concur software, Materials and/or Services made available on Developer Center may not be accessed, used or distributed by or to any third party unless stated otherwise in Your valid software license, partnership and/or maintenance agreement. This restriction notwithstanding, Materials and Services may be accessed and used by third parties as long as such third party is acting on Your behalf or as Your subcontractor and in the scope of Your valid software license, partnership and/or maintenance agreement and solely for Your sole business purposes. You are responsible to ensure that any service of such third party is in compliance with this TOU and the requirements of such software license, partnership and/or maintenance agreement.

You are permitted to use Developer Center only in strict compliance with the terms of this TOU and Your valid separate software license, partnership and/or maintenance agreement, so long as SAP Concur Materials and Services are not being gathered for a use in any manner which is or could be detrimental to SAP (unless such use is otherwise protected by law). Use of Developer Center for any other purpose is prohibited without the express permission of SAP.

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