I. Scope

Thank you for your interest in our SAP Footage Platform. This site is dedicated to professional journalists looking for SAP content for usage on a journalistic platform.
Subject to the specific provisions in this agreement between you and SAP, you are invited to download SAP photo and video footage for usage in publications in a professional journalistic context, e.g. on broadcast media as TV and radio, on ad-enabled blogs or websites in a professional journalistic context.
Your access to and use of SAP Footage Portal  content is at the sole and exclusive discretion of SAP, which access and use may be terminated at any time.

However before making use of our SAP content, you must agree on the following provisions:

II. Acceptance of Terms

1. By  using, linking or embedding  the SAP content and using functionality available for you through the SAP Footage Portal ,(altogether hereinafter “Service”), you hereby agree to these terms and conditions (the "Terms of Use"). If you do not agree to any of these terms do not use the SAP TV.com content and/or cease the SAP Website immediately.

2. SAP may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be also be bound by such modifications or revisions. . If you do not agree to these or the changed terms, you must instantly delete the downloaded SAP Footage Portal content from your journalistic  platform.. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits from or to SAP.

III. SAP TV content

1. The SAP Footage Portal Website may contain links to third party websites that are not owned or controlled by SAP. SAP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SAP will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve SAP from any and all liability arising from your use of any third-party website.

2. Accordingly, we encourage you to be aware when you leave the SAP Footage Portal Site  and to read the terms and conditions and privacy policy of each other website that you visit.

IV. Terms of Use

SAP hereby grants you permission to download SAP photo and video footage for usage in journalistic publications e.g. on  broadcast media and Internet, provided it is in a  professional context.  

1. You are  allowed to  alter or modify parts of the SAP content,  provided the meaning is not distorted. 

2.  SAP video material on the SAP Footage Portal website is watermarked. A watermark is an invisible tag that allows to identify the copyright owner. You agree not to alter, extract, remove or tamper in any way with the watermarks in SAP video material you download from this site.  The SAP watermarked video material will be tracked for legal usage and by using the SAP video material you agree to this tracking with the purpose of detecting any violation of intellectual property laws.

3. You agree not to access SAP content through any technology or means other than the SAP Footage Portal  itself or other explicitly authorized means that SAP may designate.

4. You agree not to use the SAP content and SAP Footage Website, including the SAP video flash player for any commercial use, without the prior written authorization of SAP. Prohibited commercial uses include any of the following actions taken without SAP’s express approval:

• sale of access to the SAP Footage Portal content  or SAP Footage Portal Website or its related services (such as the SAP video flash player) on another website;
• and any use of the SAP Footage Portal content or SAP Footage Portal Website or its related services (such as the SAP video flash player) that SAP finds, in its sole discretion, to use SAP’s resources with the effect of competing with or displacing the market for SAP or SAP Footage Portal  content.

5. Prohibited commercial uses do not include:

• using the SAP Footage Portal  content in broadcast media, on ad-enabled blogs or websites in a professional journalistic context , provided the primary purpose of using the SAP content is not to compete with SAP;
• any use that SAP expressly authorizes in writing.

6. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations.

7. SAP reserves the right to discontinue any aspect of the SAP Footage Portal and SAP content at any time.

V.  Privacy and Data Protection

You acknowledge and agree that SAP may collect, use, store and otherwise process personal, inventory and utilization data in machine readable form within the scope and for the purposes of the use of the SAP Footage Portal  content. All personal data will be treated confidential and in compliance with the Federal German Data Protection Act (Bundesdatenschutzgesetz) and other applicable legislation.  For further information please read http://www.sap.com/company/legal/privacy.epx .

VI. Indemnity

You acknowledge and agree to indemnify and hold SAP, 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 usage of the SAP Footage Portal content,  usage of and in connection to the use of the SAP video’s , breach of these Terms of Use, or violation of any other rights of another.

VII. Warranties and Liability

SAP does not guarantee or warrant any features or qualities of the Software (including but not limited to the SAP video flash player) and/or Services or give any undertaking with regard to the accuracy and liability of the Services. Statements and explanations on the SAP  Footage Portal and/or the related Services in promotions material  and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features, nor does SAP represent or endorse the accuracy and reliability of the Services. No such warranty or undertaking shall be implied by you except to the extent SAP has expressly confirmed that other quality in writing. Warranties are validly given only with the express written confirmation of SAP’s management.

SAP does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on the Footage Portal, (ii) the content provided contained on or obtainable by such web-pages and/or (iii) any information provided by SAP or third parties on the  Footage Portal website and within the SAP footage.  SAP only reviews whether the content of such web page at the time it was linked and/or the information provided by third parties evidently contains illegal contents or infringements against intellectual property rights. SAP will not permanently control and/or review the linked web-pages and the information provided by third parties but – upon sufficiently proven indication will remove the respective link and/or information. SAP shall not be liable for damages caused by the use of the SAP TV content unless such damages have been caused by SAP’s willful misconduct, gross negligence or SAP’s failure to fulfill its duty to review as stipulated herein.

VIII. Limitation of Liability

TO THE EXTEND NOT PROHIBITED BY APPLICABLE LAW, SAP AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ARE NOT LIABLE TO 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 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AFORESTATED LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY SAP AND IN CASE SAP STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS APPLY.

IX. Entire Agreement

This Agreement contains the entire understanding of SAP and You to the subject matter hereof, and supersedes all prior or contemporaneous agreements and understandings between the parties with respect to the subject matter of this Agreement. Except as provided for herein no license to the confidential information, Innovations, Software or Services is hereby granted to User.

X. Applicable Law

This site is created and controlled by SAP in Germany. As such, the laws of Germany will govern this Agreement, without giving effect to any principles of conflicts of laws.

XI. Waiver and Severability

The failure of SAP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. To the extent that any provision in this Agreement shall be found to be unenforceable for any reason, such provision shall be modified in such a manner so as to make this Agreement as modified, legal and enforceable under applicable laws, and the balance of the provisions of this Agreement shall not be affected thereby.

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