Common use of Additional Licensing Terms Clause in Contracts

Additional Licensing Terms. 5.1 In order to create the Customer Solution, and subject to Customer’s full compliance with the following additional licensing terms, SAP hereby grants to Customer a limited, royalty-free, fully paid-up, non-exclusive, worldwide, non-transferable right and license to reproduce APIs solely for the purpose of incorporating them into the Customer Solution, provided however that Customer has no right to transfer, sublicense or otherwise distribute any APIs to any third party on a stand-alone basis or separately from the Customer Solution that complies with the limitations of this Supplement. Customer shall not modify or create a derivative work of any APIs, in whole or in part, except to create the Customer Solution in accordance with this Supplement. 5.2 The Customer Solution must not: (i) unreasonably impair, degrade or reduce the performance or security of the SAP Cloud Solution or the Cloud Applications Studio ; (ii) enable the bypassing or circumventing of SAP license restrictions and/or provide users with access to the SAP Cloud Solution or the Cloud Applications Studio to which such users are not directly licensed; (iii) render or provide, without written consent from SAP, any information concerning SAP software license terms, SAP software, or any other information related to SAP products. Customer shall refer any customer requiring such information to SAP; and/or (iv) permit mass data or metadata extraction from an SAP software to a non-SAP software, including use, modification, saving or other processing of such data in the non-SAP software. 5.3 In exchange for the right to develop the Customer Solution, Customer covenants not to assert any Intellectual Property Rights in the Customer Solution created by Customer against any SAP product, service, or future SAP development. Customer also acknowledges that SAP APIs constitute and contain valuable intellectual property of SAP and its licensors, and, in order to protect such intellectual property, Customer will not delete or in any manner alter the copyright and other proprietary rights notices appearing on APIs as delivered, and will reproduce such notices on all copies it makes of the APIs. 5.4 If Customer transfers or assigns the Customer Solution or any part thereof or substantially all of the rights thereto to any third party that threatens a lawsuit or claim against SAP, SAP has the right to terminate the Agreement and take the Customer Solution out of Customer‘s SAP Cloud Solution environment. In this case, Customer grants to SAP a non-exclusive, perpetual, worldwide, fully paid up royalty-free license, with the right to grant sublicenses, to use, reproduce, display, distribute, and create derivative works of the Customer Solution, and to make, have made, use, lease, sell, offer for sale, import, export or otherwise transfer any apparatus or product (including through standard distribution channels), and to practice any method, covered by any intellectual property rights in the Customer Solution. 5.5 APIs are subject to ongoing changes. Customer must adapt the Customer Solution to such changes to APIs.

Additional Licensing Terms. 附加许可条款 5.1 In order to create the Customer Solution, and subject to Customer’s full compliance with the following additional licensing terms, SAP hereby grants to Customer a limited, royalty-free, fully paid-up, non-exclusive, worldwide, non-transferable right and license to reproduce APIs solely for the purpose of incorporating them into the Customer Solution, provided however that Customer has no right to transfer, sublicense or otherwise distribute any APIs to any third party on a stand-alone basis or separately from the Customer Solution that complies with the limitations of this Supplement. Customer shall not modify or create a derivative work of any APIs, in whole or in part, except to create the Customer Solution in accordance with this Supplement. 5.2 The Customer Solution must not: (i) unreasonably impair, degrade or reduce the performance or security of the SAP Cloud Solution or the Cloud Applications Studio ; (ii) enable the bypassing or circumventing of SAP license restrictions and/or provide users with access to the SAP Cloud Solution or the Cloud Applications Studio to which such users are not directly licensed; (iii) render or provide, without written consent from SAP, any information concerning SAP software license terms, SAP software, or any other information related to SAP products. Customer shall refer any customer requiring such information to SAP; and/or (iv) permit mass data or metadata extraction from an SAP software to a non-non- SAP software, including use, modification, saving or other processing of such data in the non-SAP software. 5.3 In exchange for the right to develop the Customer Solution, Customer covenants not to assert any Intellectual Property Rights in the Customer Solution created by Customer against any SAP product, service, or future SAP development. Customer also acknowledges that SAP APIs constitute and contain valuable intellectual property of SAP and its licensors, and, in order to protect such intellectual property, Customer will not delete or in any manner alter the copyright and other proprietary rights notices appearing on APIs as delivered, and will reproduce such notices on all copies it makes of the APIs. 5.4 If Customer transfers or assigns the Customer Solution or any part thereof or substantially all of the rights thereto to any third party that threatens a lawsuit or claim against SAP, SAP has the right to terminate the Agreement and take the Customer Solution out of Customer‘s SAP Cloud Solution environment. In this case, Customer grants to SAP a non-exclusive, perpetual, worldwide, fully paid up royalty-free license, with the right to grant sublicenses, to use, reproduce, display, distribute, and create derivative works of the Customer Solution, and to make, have made, use, lease, sell, offer for sale, import, export or otherwise transfer any apparatus or product (including through standard distribution channels), and to practice any method, covered by any intellectual property rights in the Customer Solution. . 5.5 APIs are subject to ongoing changes. Customer must adapt the Customer Solution to such changes to APIs.