Concur Technologies, Inc., Concur Holdings (Netherlands) B.V., their subsidiaries, other affiliated and/or related companies, as applicable (collectively "SAP CONCUR") have created, own, and operate multiple websites, (each individually referred to hereunder as an "SAP CONCUR Website" and collectively "SAP CONCUR Websites"). The SAP CONCUR Websites allow you ("You" or "Your") and other SAP CONCUR 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, purchase and/or research SAP CONCUR and related software and services, obtain support for SAP CONCUR software and services, share information with SAP CONCUR and third parties, post comments, blog, provide reviews, vote on prospective features, and engage in conversations and activities related to SAP CONCUR's products and services. The Websites also include information created and published by SAP CONCUR ("SAP CONCUR Materials") and third parties ("User Content"), such as text, images, photographs, graphics, audio and video, data, code, and software (collectively, the SAP CONCUR Materials and User Content are referred to as "Content").
ACCEPTANCE OF TERMS
SAP CONCUR may modify the TOU to reflect changes in SAP CONCUR's business, applicable law, or for other reasons deemed necessary by SAP CONCUR. If the terms of the TOU change, SAP CONCUR will provide notice, which may include, but is not limited to notice provided through the Websites or an SAP CONCUR 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 CONCUR Website, SAP CONCUR Materials, or User Content.
USER CONTENT/LICENSE TO SAP CONCUR
SAP CONCUR does not claim ownership of User Content that you post, upload, input or submit to any SAP CONCUR Website. By posting, transmitting or uploading any User Content, including any article, information, data, code, text, software, documentation, graphic, image, marketing material, video, photograph, message, suggestion, feedback, idea, or posting to any forum, wiki, or blog on any SAP CONCUR Website, You grant to SAP CONCUR a perpetual, irrevocable (subject to mandatory data protection requirements), non-exclusive, world-wide, fully-paid up and royalty free license to use such User Content without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license includes, without limitation, the irrevocable (subject to mandatory data protection requirements) right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and provide the User Content to third parties; to make, have made, offer to sell, sell, lease, or otherwise distribute any User Content or product; and to practice any method, embodying such User Content (including the right to sublicense any of the foregoing).
You represent and warrant to SAP CONCUR that You have the right, title, and/or authority to grant such license to SAP CONCUR. SAP CONCUR may elect not to post or publish User Content that You submit. If SAP CONCUR elects to post or publish Your User Content, SAP CONCUR may in its sole discretion withdraw the posted or published User Content for any reason and without notice even if SAP CONCUR has previously indicated to You that SAP CONCUR might or will post the User Content You have submitted.
You acknowledge and agree that the relationship between You and SAP CONCUR is not a confidential, fiduciary, or other special relationship. SAP CONCUR shall have the right, but not the obligation, to use Your name, likeness, biography and other information about You that You have provided in connection with any use of the User Content You submit, and SAP CONCUR may continue to use this information after any termination of your account or Your access to the Websites for the purpose of identifying the source of User Content that you previously submitted. Nothing in this TOU shall prohibit or restrict SAP CONCUR's right to create or obtain User Content or submissions similar to or competitive with the User Content that You have submitted.
PERMISSIBLE USE OF SAP CONCUR WEBSITES AND CONTENT
The SAP CONCUR Websites, the SAP CONCUR Materials, and the User 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 CONCUR Websites, SAP CONCUR Materials, or User Content. You may, however, download, store, and display on your computer or other electronic device, solely to view, listen to, play and print SAP CONCUR Materials and User Content; provided that: (a) the SAP CONCUR Materials and User 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 CONCUR Materials and User Content may not be modified or altered in any way, including any copyright notices.
You may not use the SAP CONCUR Websites in any manner that could damage, disable, overburden, or impair any SAP CONCUR server, or the network(s) connected to any SAP CONCUR server, or interfere with any other party's use and enjoyment of any SAP CONCUR Website. You may not attempt to gain unauthorized access to any SAP CONCUR Website, other accounts, computer systems or networks connected to any SAP CONCUR 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 CONCUR Websites.
You agree not to use an SAP CONCUR Website to:
TERMINATION OF USE
SAP CONCUR may, in its sole discretion, at any time discontinue providing or limit access to the SAP CONCUR Websites, any areas of the SAP CONCUR Websites, or any SAP CONCUR Materials or User Content provided on or through the SAP CONCUR Websites. You agree that SAP CONCUR may, in its sole discretion, at any time, terminate or limit your access to, or use of, any or all of the SAP CONCUR Websites or any SAP CONCUR Material or User Content. In the event You are in material breach of the TOU, SAP CONCUR may, at its sole discretion, suspend or terminate Your account, delete Your Content from the SAP CONCUR Website, and refuse You any current or future use of an SAP CONCUR Website without notice. SAP CONCUR 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 firstname.lastname@example.org. Please note that in the event that you elect to terminate your account, SAP CONCUR has the right and may elect to continue to post and publish on the Websites personally identifying information associated with User Content that You have posted.
SAP CONCUR CONTACT
SAP CONCUR is not obligated to evaluate or provide any comments to you regarding User Content that you submit. At SAP CONCUR's sole discretion, SAP CONCUR may contact you with critiques, updates, feedback, status or questions regarding your submission. In no event will any such contact or communication from SAP CONCUR obligate SAP CONCUR to adopt your submission, provide a timeframe for evaluation, or even provide any additional communication regarding your submission.
ALL USER CONTENT POSTED BY YOU TO AN SAP CONCUR WEBSITE, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK, AND SAP CONCUR TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF AN SAP CONCUR WEBSITE.
YOUR INFORMATION, PRIVACY, AND DATA PROTECTION
Some of the SAP CONCUR Websites require that You become a registered user. Before you can use these Websites, You have to register with SAP CONCUR and provide SAP CONCUR with certain information, which may include personally identifiable information, such as your name and your email address ("Personal Data"). By providing SAP CONCUR with Personal Data, You expressly agree that SAP CONCUR may collect, use, store and otherwise process Your Personal Data for the purpose of providing you with access to the Websites and related activities and communications in which you agree to participate.
You are responsible for and agree to provide SAP CONCUR with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, You may request information about Your Personal Data stored with SAP CONCUR, or the correction (in case the relevant Website is not allowing You to correct or update your information), or deletion of Your Personal Data by contacting email@example.com Please note that if You request the deletion of your account or Personal Data, You might not be able to further access and use the SAP CONCUR Websites and your User Content.
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 understand and agree that SAP CONCUR collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the SAP CONCUR Websites subject to SAP CONCUR's Privacy Statement.
YOU AGREE TO COMPLY WITH THE TERMS OF THE SAP CONCUR PRIVACY STATEMENT, WHICH CAN BE FOUND BY CLICKING ON THE 'PRIVACY' LINK AT THE BOTTOM OF EACH WEB PAGE ON SAP CONCUR WEBSITES.
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 CONCUR Software, the SAP CONCUR Websites, SAP CONCUR Materials, and User Content belongs to SAP CONCUR or the individual or entity that submitted it. 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 CONCUR Software, the SAP CONCUR Websites, any SAP CONCUR Materials, or any User Content for any reason, unless otherwise expressly permitted by the TOU or by law. You hereby agree to assign and do assign to SAP CONCUR (and SAP CONCUR accepts such assignment) any modifications or derivative works of any SAP CONCUR Software, the SAP CONCUR Websites, and SAP CONCUR Materials made by You in contravention of this limitation without remuneration of any kind.
Information on requirements for using SAP CONCUR trademarks can be obtained by contacting us at firstname.lastname@example.org.
RESPONSIBILITY FOR CONTENT AND LINKS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CONTENT SHALL BE AT YOUR OWN RISK. Any Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content. SAP CONCUR 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 an SAP CONCUR Website. SAP CONCUR may remove any Content posted on an SAP CONCUR Website at SAP CONCUR's sole discretion, but, if You believe that material that You hold the copyright on is being infringed upon on any SAP CONCUR website, please notify by sending a written notification of claimed infringement to:
Please provide the following information in writing in Your notification:
USE OF SAP CONCUR 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 an SAP CONCUR 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 an SAP CONCUR Website is not accompanied by a License Agreement: the Software may be used solely for your personal, informational, non-commercial purposes; the Software may not be modified or altered in any way; and the Software may not be redistributed.
All SAP CONCUR Software is the copyrighted work of SAP CONCUR. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including the SAP CONCUR Software, is an infringement of the copyright holder's rights. Information on the process for requesting SAP CONCUR's permission to use any SAP CONCUR-owned copyrighted works can be found by clicking on the "Copyright" link at the bottom of each web page on SAP CONCUR Websites.
The following applies if You access a Website from outside the EU:
You agree to indemnify and hold SAP CONCUR, 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 User Content or Your usage of an SAP CONCUR Website, Your breach of this TOU, any additional legal terms, or SAP CONCURs Privacy Statement, Your unauthorized use of any SAP CONCUR-owned Intellectual Property, or Your alleged violation of any other rights of a third party.
The following applies if You access a Website from within the EU:
You agree to indemnify and hold SAP CONCUR, 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 against any of the aforesaid entities or persons due to or arising out of Your culpable breach of this TOU, any additional legal terms or SAP CONCUR's Copyright or Privacy Statements.
EXCLUSION OF WARRANTIES
SAP CONCUR Websites and Content are being provided to You "AS IS". To the fullest extent allowable by law, SAP CONCUR does not guarantee or warrant any features or qualities of any SAP CONCUR Website or Content, or give any undertaking with regard to any other quality. Statements and explanations on SAP CONCUR Websites and Content in promotional material or on SAP CONCUR 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 CONCUR description of or advertisement except to the extent SAP CONCUR has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of SAP CONCUR's management.
LIMITATION OF LIABILITY
SAP CONCUR will not be liable or responsible in any way for any User Content posted on or linked from an SAP CONCUR 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 on any Content or other material accessed on or through any SAP CONCUR Website and made available by a third party.
The following applies if You access an SAP CONCUR Website from outside the European Union:
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, SAP CONCUR 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 CONCUR 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 AN SAP CONCUR WEBSITE, SAP CONCUR SOFTWARE, OR SAP CONCUR MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY SAP CONCUR SOFTWARE, SAP CONCUR MATERIALS OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON AN SAP CONCUR WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON AN SAP CONCUR WEBSITE; OR (v) ANY OTHER MATTER RELATING TO AN SAP CONCUR WEBSITE OR SAP CONCUR MATERIALS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY SAP CONCUR AND IN CASE OF SAP CONCURS STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
The following applies if You access an SAP CONCUR Website from within the European Union:
IRRESPECTIVE OF THE LEGAL REASONS, SAP CONCUR AND SAP CONCUR'S AFFILIATES AND SUBSIDIARIES SHALL ONLY BE LIABLE IN THE CASES SET OUT BELOW:
IN ALL OTHER CASES, NEITHER SAP CONCUR NOR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY KIND OF DAMAGES OR CLAIMS HEREUNDER.
The following applies if You access an SAP CONCUR Website from outside the European Union:
The laws of the State of Washington, USA, 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.
The following applies if You access an SAP CONCUR Website from within the European Union:
The laws of Germany will govern this TOU without giving effect to any principles of conflicts of laws. To the extent possible under applicable law, venue for all disputes in connection with this TOU shall be Karlsruhe, Germany.
Your confidentiality obligations hereunder shall survive termination of Your account. Upon any termination of Your account, or SAP CONCUR's written request, You must cease use of Confidential Information, and/or SAP CONCUR Websites, and return or destroy all Confidential Information in Your possession or control.
WAIVER AND SEVERABILITY
The failure of SAP CONCUR 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.
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.
SAP CONCUR Websites may not be accessed or used by any national or certain countries or groups against which the United States and/or European Union have instituted sanctions (including Iran, Cuba, North Korea, Syria, and Sudan), Specially Designated Nationals, and other prescribed persons who are listed on the Denied Parties list. Further restrictions apply to any end user who will utilize Content provided on an SAP CONCUR 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 an SAP CONCUR Website, Your access of an SAP CONCUR 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 such sanctioned country or group or a Specially Designated National, and (2) is not included on such Denied Parties 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.
The following applies if You access an SAP CONCUR Website from outside the United States and European Union:
The following applies if You access an SAP CONCUR Website from within the United States:
You agree that Your use of an SAP CONCUR Website, or any Content will be in compliance with U.S. export control laws and executive orders. The information provided on and through an SAP CONCUR 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 AN SAP CONCUR WEBSITE.
Posted on March 12, 2018