SAP RECALLS PLUS

TERMS OF USE

Please scroll down and read the following Terms of Use carefully. This is a legal agreement ("Agreement") between you and SAP AG, Dietmar Hopp-Allee 16, D-69190 Walldorf, Germany (“SAP”), which provides the terms of your use of the SAP Recalls Plus (“Software”). By clicking "I Accept," “I Agree,” or by installing and/or using the Software, you are agreeing to all of the terms and conditions stated in this Agreement. If You do not agree to these terms, do not click “accept,” or "agree," and do not use the Software.

1. Definitions: "SAP" refers to SAP AG, for and on behalf of itself and its subsidiaries and affiliates as defined in Section 15 German Stock Corporation Act. "You" and "Your" refers to the individual that wishes to use the Software and has agreed to these terms. "Apple" refers to Apple, Inc. and its majority owned affiliates.
2. Supported Devices: The Software supports certain Apple mobile devices, and data networks such as 3G, EDGE and WiFi, and enables users to access any other SAP products for use of specifically enabled business processes through such Apple mobile devices.
3. License: Subject to the terms, conditions and limitations stated in this Agreement and the Apple App Store Terms of Service, SAP grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to run the Software on Your Apple mobile device solely for the purpose of the Software accessing any other SAP products that You or Your employer have licensed under a separate license 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 any other SAP products. You are not permitted to use the Software for any purpose other than as expressly permitted under this Agreement. All regulations – if applicable – of the aforementioned SAP products license agreement shall apply to use/access of any other SAP products through the Software. SAP may audit Your use of the Software. You shall use the Software only in a manner consistent with this Agreement and the documentation (the “Documentation”) which SAP may provide, in its sole discretion, in electronic and/or printed form with the Software and which can be found under http://www.recallsplus.com/.
4. Intellectual Property: SAP retains all ownership and intellectual property rights in the Software. You may not: a) remove or modify any marks or proprietary notices of SAP, b) provide or make the Software available to any third party, c) use the Software to provide third party training for SAP products, d) assign this Agreement or give or transfer the Software or an interest in them to another individual or entity, e) decompile, disassemble or reverse engineer (except to the extent permitted by applicable law) the Software, f) create derivative works of or based on the Software or g) use any SAP name, trademark or logo.
5. User Content:
   1. "User Content" means any communications, images, and all the material, data, and information that You upload or transmit through Software, or that other users upload or transmit.
   2. You hereby grant SAP a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to store, use, copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, process, analyze, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, Your User Content as well as all modified and derivative works thereof.
   3. By transmitting or submitting any User Content while using the Software, You affirm, represent and warrant that such transmission or submission is (i) accurate and not confidential; (ii) not in violation of any laws, contractual restrictions or other third party rights, and that You have permission from any third party whose information or intellectual property is comprised in the User Content; and (iii) free of viruses, adware, spyware, worms or other malicious code.
   4. You acknowledge and agree that any of Your personal information within such content will at all times be processed by SAP in accordance with this TOU.
   5. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in any User Content. The license You grant to SAP to User Content ends when You delete Your User Content or You close Your account unless Your User Content has been shared with others and that User Content has not been deleted. If Your User Content is not deleted prior to You terminating Your Account SAP will continue to store and use Your User Content.  When You delete Your User Content, it is deleted in a manner similar to emptying the recycle bin on a computer.
   6. SAP may offer catalogs of stock images, descriptions and product specifications that are provided by third parties. You may use catalog content solely in connection with Your use of the Software.
   7. SAP cannot promise that the catalogs will always be accurate and up-to-date, and You agree not to hold the catalog content providers or SAP responsible for inaccuracies in catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content.
   8. Any use or reliance on any content or materials available via the Software or obtained by You through the Software is at Your own risk.
   9. The content in the Software is provided “AS IS”. SAP does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications available via the Software or endorse any opinions expressed via the Software. You understand that by using the Software, You may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will SAP be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Software or broadcast elsewhere.
   10. Some content available via the Software may come from government sources, is in the public domain, and is not copyrightable.
   11. When using the Software You must not: (i) transmit any content, data or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable; (ii) infringe the intellectual property rights of any entity; (iii) interfere with or disrupt the Software, , other equipment or networks connected to the Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Software made known to You; (iv) provide, or make available, any links, hypertext (Universal Resource Locator (URL) address) or otherwise (other than a “bookmark” from a Web browser), to the Software, or any part thereof; (v) circumvent the user authentication or security of the Software or any host, network, or account related thereto; (vi) make any use of the Software that violates any applicable local, state, national, international or foreign law; (vii) except for licenses provided to You as permitted in this Agreement, allow any third party to use any user identification(s), code(s), password(s), and procedure(s) issued to, or selected by, You for access to the Software; or (viii) post any personally identifying information to the Software (other than for the registration purposes).
   12. The Software may contain links to external websites and information provided on such external websites by third-parties. SAP is not responsible for the contents of any linked website, or any changes or updates to such sites. You further agree that SAP is not directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods or services available on or through any such linked website. Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on the Software, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the content.
   13. SAP is entitled to monitor and enforce (including removing any non-complying content) Your compliance with the terms of this Agreement. SAP may utilize the information concerning Your use of the Software to improve SAP products and services and to provide You with reports on its use of the Software.
6. Privacy
   1. When You register to use the Software, You must provide SAP either (a) Your email address (and, at Your option, Your name) or (b) Your social media user name. SAP will store this information solely to facilitate Your use of the Software. When You choose to connect to the Software with Your social media account (e.g. Twitter or Facebook), SAP will collect Your social media password for the purpose of authentication only, this password is never stored by SAP.
   2. In order to improve Your user experience, SAP may store information You provide to customize Your watchlists including information related to allergens. SAP may also store Your bookmarks.
   3. SAP may communicate with You via the e-mail address You provide. SAP does not share Your e-mail address with other companies. You can choose not to receive any more e-mail at any time by setting user email notifications within the Software.
   4. Your User Content is stored by SAP. Removing the Software from Your Apple mobile device does not delete Your User Content. You may delete Your User Content stored by SAP by (1) deactivating Your account under settings tab in the Software or (2) You may contact SAP to delete Your User Content using the feedback option in settings tab.  
   5. You consent that Your iPhone ID will be maintained by SAP for the purposes of providing You automatic Software updates in accordance with this TOU.
   6. SAP may communicate with You via push notifications on Your Apple mobile device.  For this purpose SAP stores Your iPhone ID. You can choose not to receive any more notifications from SAP by changing Your notification settings on the device.
   7. SAP works with a certain third party to perform functions and provide services to us.  This third party requires that we transmit your UDID (Unique Device Identifier) and IP address, but only to ascertain that You have downloaded the Recalls Plus application. The UDID is anonymized through a one-way hashing algorithm or encryption process and is not stored.
7. Warranty:
   1. If You are located outside the US or Canada: The Software is provided to You for test and evaluation and free of charge – SAP does not guarantee or warrant any features or qualities of Software 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 Software itself or any available documentation or any other communication or advertisement for Software. In particular, SAP does not warrant that the Software will be available uninterrupted or permanently and SAP draws Your attention to the fact that availability is subject to Apple´s sole discretion as operator of the Apple App Store. All warranty claims are subject to the limitation of liability stipulated in section 6 a) below.  
   2. If You are located in the US or Canada: THE SOFTWARE IS 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 OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.  YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION RISKS RELATING TO QUALITY, AVAILABILITY, PERFORMANCE, DATA LOSS, AND UTILITY IN A PRODUCTION ENVIRONMENT. In particular, SAP does not warrant that the Software will be available uninterrupted or permanently and SAP draws Your attention to the fact that availability IS subject to Apple´s sole discretion as operator of the Apple App Store. 
8. Liability:
   1.  If You are located outside the US or Canada: Irrespective of the legal reasons, SAP shall only be liable for damages occurred 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.
   2. If You are located in the US or Canada: IN NO EVENT SHALL SAP BE LIABLE TO YOU, 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 SOFTWARE OR IN CONNECTION WITH SAP’S PROVISION OF OR FAILURE TO PROVIDE SERVICES PERTAINING TO THE SOFTWARE, OR AS A RESULT OF ANY DEFECT IN THE SOFTWARE.  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 AGRREEMENT BY SAP OR FOR ANY OTHER CLAIM RELATED TO THE SOFTWARE OR SAP MATERIALS 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.
9. Indemnification: SAP will defend at its own expense any legal proceeding brought against You, to the extent that such proceeding is based on a claim that the use of the Software as permitted under this Agreement represents an infringement or misappropriation of a third party’s copyright, patent, or a trade secret, and will pay all damages and costs awarded by a court of final appeal attributable to such claim; provided, however, that You: a) provide notice of the claim promptly to SAP (but no later than one (1) month after You received notice of the claim), b) give SAP sole control of the defense and settlement of the claim, provided that You, at Your option and expense, may also be represented in the legal proceeding by independent counsel, c) provides to SAP, at SAP’s expense, all commercially reasonable information, assistance and authority to defend such claim and d) have not compromised or settled such proceeding without SAP’s prior written consent.SAP shall have no liability for any infringement or claim which results from the use of the Software provided hereunder in combination with any equipment, software or data not provided or approved by SAP. This section states the entire liability of SAP with respect to the indemnification of any intellectual property right infringement hereunder and there shall be no additional liability with respect to any alleged or proven infringement.
10. Export: The Software is subject to German, EU and US export control regulations. You confirm that: a) You will not use the Software for, and will not allow the Software 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 a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, c) You are not a citizen, national or resident of, and are not under the control of, the government of: Cuba, Iran, Sudan, Iraq, North Korea, Syria, nor any other country to which the United States has prohibited export, d) You will not download or otherwise export or re-export the Software, directly or indirectly, neither to the above-mentioned countries nor to citizens, nationals or residents of those countries, 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 Software, directly or indirectly, to persons on the above-mentioned lists.
11. Support: SAP does not offer support for the Software other than – at its sole discretion - provision of updates, patches, bug fixes and new versions via the Apple App Store.
12. Term and Termination: You may terminate this Agreement by destroying all copies of the Software on Your Apple mobile device. SAP shall be entitled to terminate Your license to use the Software if You fail to comply with any of the terms of this Agreement. This Agreement terminates automatically upon termination or expiration of the SAP products license agreements between You or Your employer and either the respective SAP entity or the authorized SAP reselling partner. In case of termination or expiration of this Agreement, You must destroy all copies of the Software on Your Apple mobile device.
13. Law/Venue:
    1. 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.
    2. 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.
14. Third Party Product License Terms:
    1. Facebook Social Network Service (“Facebook Service”). In case the Software accesses the Facebook Service through a Facebook API, Your use of the Facebook Service is subject to Facebook’s Statement of Rights and Responsibilities which are set forth on: http://www.facebook.com/terms.php?ref=pf. If You do not accept such Facebook Statement of Rights and Responsibilities, including, but not limited to all limitations and restrictions therein, You may not use the Facebook Service in the Software. You acknowledge and agree that use of the Facebook Service in or through the Software will constitute Your acceptance of Facebook´s Statement of Rights and Responsibilities.
    2. US Food and Drug Administration Data (“FDA Data”). In case the Software accesses the FDA Data, Your use of the FDA Data is subject to FDA’s Web Site Policies which are set forth on: http://www.fda.gov/AboutFDA/AboutThisWebsite/WebsitePolicies/default.htm. If You do not accept such FDA Web Site Policies, including, but not limited to all limitations and restrictions therein, You may not use the FDA Data in the Software. You acknowledge and agree that use of the FDA Data in or through the Software will constitute Your acceptance of FDA’s Web Site Policies.
    3. National Highway Traffic Safety Administration (“NHTSA Data”). In case the Software accesses the NHTSA Data, Your use of the NHTSA Data is subject to NHTSA’s Statement of Ownership and Restriction of Liability which are set forth on: http://www.nhtsa.gov/About+NHTSA/Statement+of+Ownership+and+Restriction+of+Liability. If You do not accept such NHTSA Statement of Ownership and Restriction of Liability, including, but not limited to all limitations and restrictions therein, You may not use the NHTSA Data in the Software. You acknowledge and agree that use of the NHTSA Data in or through the Software will constitute Your acceptance of NHTSA´s Statement of Ownership and Restriction of Liability.
    4. US Consumer Product Safety Commission (“CPSC Service”). In case the Software accesses the CPSC Services, Your use of the CPSC Service is subject to CPSC’s Privacy and Security Notice which are set forth on: http://www.cpsc.gov/privacy.html. If You do not accept such CPSC Privacy and Security Notice, including, but not limited to all limitations and restrictions therein, You may not use the CPSC Services in the Software. You acknowledge and agree that use of the CPSC Service in or through the Software will constitute Your acceptance of CPSC´s Privacy and Security Notice.
    5. Search.USA.gov (“USASearch Service”). In case the Software accesses the USASearch Service through a USASearch API, Your use of the USASearch Service is subject to USASearch’s Terms of Service which are set forth on: http://search.usa.gov/api/tos. If You do not accept such USASearch Terms of Service, including, but not limited to all limitations and restrictions therein, You may not use the USASearach Service in the Software. You acknowledge and agree that use of the USASearch Service in or through the Software will constitute Your acceptance of USASearch´s Terms of Service.
    6. Twitter (“Twitter Service”). In case the Software accesses the Twitter Service through a Twitter API, Your use of the Twitter Service is subject to Twitter’s Terms of Service which are set forth on: http://twitter.com/tos. If You do not accept such Twitter Terms of Service, including, but not limited to all limitations and restrictions therein, You may not use the Twitter Service in the Software. You acknowledge and agree that use of the Twitter Service in or through the Software will constitute Your acceptance of Twitter´s Terms of Service.
    7. United States Department of Agriculture (“USDA Service”). In case the Software accesses the USDA Service through a USDA API, Your use of the USDA Service is subject to USDA’s Policies and Links which are set forth on: http://www.fsis.usda.gov/Policies_&_Links/index.asp. If You do not accept such USDA Policies and Links, including, but not limited to all limitations and restrictions therein, You may not use the USDA Service in the Software. You acknowledge and agree that use of the USDA Service in or through the Software will constitute Your acceptance of USDA´s Terms of Service.
15. Miscellaneous: This Agreement is the complete Agreement for the Software licensed (including reference to information/documentation contained in a URL). 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. You and SAP agree that: (a) this Agreement is between SAP and You, and that Apple is not a party to this Agreement; (b) that SAP is solely responsible for the Software and the content thereof; (c) that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and d) Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary hereof, but only if You accept the terms of this Agreement as outlined above.
16. Contact: If you have any questions with regards to the Software please refer to our portal: http://www.recallsplus.com/.