SAP Analytics Cloud

Add-In for Microsoft PowerPoint

LICENSE AGREEMENT

Please scroll down and read the following License Agreement carefully (“Agreement”). By clicking “I Accept” or by attempting to download, or install, or use the SAP software and other materials that accompany this Agreement (“SAP Materials”), You agree that this Agreement forms a legally binding agreement between You (“You” or “Your”) and SAP SE, for and on behalf of itself and its subsidiaries and affiliates (as defined in Section 15 of the German Stock Corporation Act) and You agree to be bound by all of the terms and conditions stated in this Agreement. If You are trying to access or download the SAP Materials on behalf of Your employer or as a consultant or agent of a third party (either "Your Company"), You represent and warrant that You have the authority to act on behalf of and bind Your Company to the terms of this Agreement and everywhere in this Agreement that refers to ‘You’ or ‘Your’ shall also include Your Company. If You do not agree to these terms, do not click "I Accept", and do not attempt to access or use the SAP Materials.

1. LICENSE: SAP grants You a non-exclusive, non-transferable, non-sublicensable, revocable, limited use license to copy, reproduce and distribute the SAP Analytics Cloud add-in for Microsoft Office (“Add-In”), documentation, on a desktop, laptop, tablet, smart phone, or other appropriate computer device that You own or control and as being enabled by SAP in its sole discretion (any, a “Computer”) for the purpose of using the Add-In to access Third Party Standard Software that integrates with SAP Standard Software for Your or Your Company’s internal business operations and that You or Your Company has licensed, subscribed to or has the right to use under a separate license or subscription agreement with either an SAP entity or an authorized SAP reselling partner and only during the term of such agreement. For the avoidance of doubt, this Agreement does not include a license for neither Third Party nor SAP Standard Software. Company is not permitted to use the Software for any purpose other than as expressly permitted under this Agreement

2. INTELLECTUAL PROPERTY: SAP or its licensors retain all ownership and intellectual property rights in the Add-In. You may not: a) remove or modify any marks or proprietary notices of SAP, b) provide or make the Add-In available to any third party, c) assign this Agreement or give or transfer the Add-In or an interest in them to another individual or entity, d) decompile, disassemble or reverse engineer (except to the extent permitted by applicable law) the Add-In , (e) create derivative works of or based on the Add-In , (f) use any SAP name, trademark or logo, or (g) use the Add-In to modify existing Software or other SAP product functionality or to access the Software or other SAP products’ source code or metadata.

3. WARRANTY:

a) If You are located outside the US or Canada: As the ADD-IN IS provided to You free of charge, SAP does not guarantee or warrant any features or qualities of THE ADD-IN or give any undertaking with regard to any other quality. No such warranty or undertaking shall be implied by You from any description in the ADD-IN or any available documentation or any other communication or advertisement. IN PARTICULAR, SAP DOES NOT WARRANT THAT THE SOFTWARE WILL BE AVAILABLE UNINTERRUPTED, ERROR FREE, OR PERMANENTLY AVAILABLE. for the ADD-IN All warranty claims are subject to the limitation of liability stipulated in section 4 below.

b) If You are located in the US or Canada: THE ADD-IN IS ARE LICENSED TO YOU “AS IS”, WITHOUT ANY WARRANTY, ESCROW, TRAINING, MAINTENANCE, OR SERVICE OBLIGATIONS WHATSOEVER ON THE PART OF SAP. SAP MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF SALE OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, SAP DOES NOT WARRANT THAT THE ADD-IN WILL BE AVAILABLE UNINTERRUPTED, ERROR FREE, OR PERMANENTLY AVAILABLE. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF ADD-IN, INCLUDING WITHOUT LIMITATION RISKS RELATING TO QUALITY, AVAILABILITY, PERFORMANCE, DATA LOSS, AND UTILITY IN A PRODUCTION ENVIRONMENT.

4. LIMITATION OF LIABILITY:

a) If You are located outside the US or Canada: IRRESPECTIVE OF THE LEGAL REASONS, SAP SHALL ONLY BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT IF SUCH DAMAGE (I) CAN BE CLAIMED UNDER THE GERMAN PRODUCT LIABILITY ACT OR (II) IS CAUSED BY INTENTIONAL MISCONDUCT OF SAP OR (III) CONSISTS OF PERSONAL INJURY. IN ALL OTHER CASES, NEITHER SAP NOR ITS EMPLOYEES, AGENTS AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY KIND OF DAMAGE OR CLAIMS HEREUNDER.

b) If You are located in the US or Canada: IN NO EVENT SHALL SAP BE LIABLE TO YOU, YOUR COMPANY OR TO ANY THIRD PARTY FOR ANY DAMAGES IN AN AMOUNT IN EXCESS OF $100 ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE ADD-IN OR IN CONNECTION WITH SAP’S PROVISION OF OR FAILURE TO PROVIDE SERVICES PERTAINING TO THE ADD-IN, OR AS A RESULT OF ANY DEFECT IN THE ADD-IN. THIS DISCLAIMER OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION THAT MAY BE BROUGHT AGAINST SAP, WHETHER IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION ANY ACTION FOR NEGLIGENCE. YOUR SOLE REMEDY IN THE EVENT OF BREACH OF THIS DEVLOPER AGREEMENT BY SAP OR FOR ANY OTHER CLAIM RELATED TO THE API OR TOOLS SHALL BE TERMINATION OF THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, UNDER NO CIRCUMSTANCES SHALL SAP AND ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES.

5. INDEMNITY: You will fully indemnify, hold harmless and defend SAP against law suits based on any claim: (a) that any Customer Application created by You infringes or misappropriates any patent, copyright, trademark, trade secrets, or other proprietary rights of a third party, or (b) related to Your alleged violation of the terms of this Agreement.

6. EXPORT: The Add-In is subject to German, EU and US export control regulations. You confirm that: a) You will not use the Add-In for, and will not allow the Add-In 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 Cuba, Iran, Sudan, Iraq, North Korea, Syria, nor any other country to which the United States has prohibited export or that has been designated by the U.S. Government as a "terrorist supporting" country (any, an “US Embargoed Country”); c) You are not a citizen, national or resident of, and are not under the control of, a US Embargoed Country; d) You will not download or otherwise export or re-export the Add-In , directly or indirectly, to a US Embargoed Country nor to citizens, nationals or residents of a US Embargoed Country; 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 Add-In , directly or indirectly, to persons on the above-mentioned lists.

7. SUPPORT: SAP is solely responsible for providing, and Third Party App Store provider has no obligation to provide, maintenance and support for the Software. SAP may offer support for the Software – at its sole discretion – by e.g. provisioning of updates, patches, bug fixes and new versions via the Third Party App Store according to SAP then current existing support offerings. In the event SAP provides such support via Third Party App Store, the timely availability of this support is dependent on Third Party App Store cooperation in due time for which SAP is not responsible

8. TERM AND TERMINATION: You may terminate this Agreement by destroying all copies of the Add-In on Your Computer(s). SAP may terminate Your license to use the Add-In immediately if You fail to comply with any of the terms of this Agreement, or, for SAP’s convenience by providing you with ten (10) day’s written notice of termination (including email). In case of termination or expiration of this Agreement, You must destroy all copies of the Add-In immediately.

9. LAW/VENUE:

a) If You are located outside the US or Canada: This Agreement is governed by and construed in accordance with the laws of the Germany. You and SAP agree to submit to the exclusive jurisdiction of, and venue in, the courts of Karlsruhe in Germany in any dispute arising out of or relating to this Agreement.

b) If You are located in the US or Canada: This Agreement shall be governed by and construed under the Commonwealth of Pennsylvania law without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and United States of America law, rules, and regulations, United States of America law, rules, and regulations shall prevail and govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The Uniform Computer Information Transactions Act as enacted shall not apply.

10. MISCELLANEOUS: This Agreement is the complete agreement for the Add-In licensed (including reference to information/documentation contained in a URL as made available by SAP in its sole discretion). 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.