SAP Integrated Business Planning for Supply Chain - Starter Edition

Terms for Use of  

SAP Integrated Business Planning starter edition, non-production

 (“Terms of Use”)

These Terms for Use of SAP Integrated Business Planning starter edition, non-production, (the “Cloud Service”) between the SAP entity that has rights to distribute SAP software in the country where Customer (or headquarters of Customer if Customer is a business entity) is located (hereinafter, “SAP”) and the customer identified during the electronic ordering process on the SAP Store (hereinafter, “Customer”).   SAP and Customer agree that this agreement includes these Terms for Use, the terms and conditions of the General Terms and Conditions for Cloud Services (“GTC”), and all documents referenced by the GTC, current at the time of Customer’s acceptance of this agreement (the “Agreement”).  Copies of the GTC are found at http://go.sap.com/about/agreements/cloud-services.html?search=General%20Terms%20and%20Conditions and made a part hereof.    The GTC applicable to this Agreement are those identified by the country/region in which Customer (or headquarters of Customer if Customer is a business entity) is located.   All components are integral to this Agreement.   For purposes of the Agreement, these Terms for Use and the Purchase Review and Order Confirmation page on SAP Store are deemed part of the Order Form.  In the event of any conflict between the terms of this Order Form and the GTCs, the terms of this Order Form will control.  Customer acknowledges it has had the opportunity to review the GTC prior to accepting this Agreement.  SAP recommends the Customer prints copies of the GTC for Customer’s own records.  All defined terms in the GTC used elsewhere in this Agreement shall have the same meaning as set forth in the GTC

By clicking the “I Accept” button, you confirm your legally binding agreement to this Agreement.  If you are acting on behalf of a company, you represent that you are authorized to bind such company.  If you choose not to agree, please click the “I Decline” button to exit this Agreement.

1.     Fees; Term

a.    The fees for use of the Cloud Service are included in the ordering page(s) of the SAP Store and are based on one instance of the Cloud Service per 3 month period.  Payment will be by credit card or invoice, as such payment process is made available on the SAP Store. Customer may have the option to change its method of payment during the subscription period via the SAP Store. 

b.    Notwithstanding anything to the contrary in this Agreement, the fees shall be paid by Customer in advance. Fees for renewal terms will be equal to the fees for the immediately preceding subscription term, provided SAP may apply an increase to such fees (over the preceding term of the Order Form) to account for changes in consumer prices generally over the preceding term of the Order Form.  If Customer elects to pay by credit card, Customer will be provided with notice of the fees for each renewal term at least two weeks prior to the start of such renewal term.

c.    The effective date of this Agreement (“Effective Date”) is the date SAP makes the Cloud Service available to Customer, and this Agreement shall be in effect from the Effective Date until terminated as provided in this Agreement.  The initial subscription period is three (3) months from the Effective Date, and the initial term and each renewal term of the subscription shall automatically renew for additional periods of three (3) months unless terminated or not renewed in accordance with this Order Form or the GTC. 

d.    Customer may elect to terminate the Agreement effective upon the end of the initial term or any renewal term by following the process described on the SAP Store.  Customer must provide SAP with at least ten days’ written notice of termination in accordance with the SAP termination process.  SAP may elect not to renew the subscription effective as of the end of the initial term or any renewal term by providing Customer ten days’ notice. 

e.    Customer shall have access to the Cloud Service solely to export and retrieve its Customer Data for fifteen days after the effective date of termination.  Fifteen days after the effective date of termination, SAP shall have no obligation to maintain or provide any Customer Data.  Customer may request from SAP via a service order retrieval of a full back up of Customer Data within thirty days after termination of the Agreement.  Except when Customer Data has been removed in accordance with the Agreement or exported by Customer, upon termination of the Agreement, SAP shall, upon Customer’s request, using industry standard technology and to the extent possible, permanently and irrevocably remove, delete, purge or overwrite all data still remaining on the servers used to host the Cloud Service, including, but not limited to, Customer Data, unless and to the extent applicable laws and regulations require further retention of such data. 

2.     Cloud Service Use. 

a.    The Cloud Service is hosted in data centers located in Australia, Germany or the United States.  Customer may not upload any personal data into the Cloud Service without first entering into an Agreement for Commissioned Processing of Personal Data (“DPA”) with SAP.  “Personal data” means any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.   If Customer wishes to upload personal data into the Cloud Service, Customer must first (1) download and print two copies of the DPA from http://go.sap.com/about/agreements.sap-cloud-services-customers.html?SearchText=hana+cloud+&SortOrder=ASC&pageSize=20&Filter1=&Filter2=&Filter3=AGMT011&Filter4= and (2) complete, sign and send the executed DPAs to:  store.admin@sap.com.  SAP will countersign the DPAs and send one fully executed copy back to you. 

b.    No more than ten (10) Authorized Users may access the Cloud Service during the subscription period.

c.    The System Availability Service Level Agreement applicable to the Cloud Service is located at http://go.sap.com/about/agreements/cloud-services.html?search=Service%20Level%20Agreement.  

d.    Storage in the Cloud Service is limited to 256 GB, which includes storage required to host the application portion of the Cloud Service.  Customer Data is limited to 50 million Total Planning Points.  Total Planning Points means the total number of stored key figure values in the Cloud Service, taking into consideration the number of stored key figures, planning combinations, time periods and scenarios/versions. The number of customer-defined planning areas is limited to five.

e.    Use of the Cloud Service is limited to non-productive testing and evaluation.  No production use is permitted. 

3.    Support. SAP offers support service for the Cloud Service in accordance with SAP Enterprise Support, cloud edition located at: http://go.sap.com/about/agreements/cloud-services.html?search=Support%20Cloud%20Edition&language=language:191901819004529893981018648881942. 

4.    Changes. SAP may notify Customer of changes to this Agreement at least thirty (30) days in advance of such changes taking effect.  If Customer does not agree with such changes, Customer must provide SAP notice of non-renewal as stipulated in this Agreement prior to the next renewal term.  If Customer does not provide SAP notice of non-renewal, this Agreement will include such changed terms for each subsequent renewal term.