CC4 / ServiceNow - EULA
SAP Cross Connector for ServiceNow / Solution Manager
Copyright (c) 2024 Cross ALM GmbH
*** END USER Licence AGREEMENT ***
IMPORTANT: PLEASE READ THIS Licence CAREFULLY BEFORE USING THIS SOFTWARE.
Licence
By installing and/or using SAP Cross Connector for ServiceNow / Solution Manager ("Software"), you agree that this End User User Licence Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different Licence agreement signed by Cross ALM GmbH your use of SAP Cross Connector for ServiceNow / Solution Manager indicates your acceptance of this Licence agreement and warranty.
Subject to the terms of this Agreement, Cross ALM GmbH grants to you a limited, non-exclusive, non-transferable Licence, without the right to sub-Licence, to use SAP Cross Connector for ServiceNow / Solution Manager in accordance with this Agreement and any other written agreement with Cross ALM GmbH. Cross ALM GmbH does not transfer the title of SAP Cross Connector for ServiceNow / Solution Manager to you; the Licence granted to you is not a sale. This agreement is a binding legal agreement between Cross ALM GmbH and the purchasers or users of SAP Cross Connector for ServiceNow / Solution Manager.
The licensing model used by SAP Cross Connector for ServiceNow / Solution Manager uses the payment method for apps provided by ServiceNow. Therefore, acquiring the SAP Cross Connector for ServiceNow / Solution Manager can happen exclusively via the ServiceNow Store.
According to the ServiceNow Policies, all apps should be available for a Trial Licence which expires in 30 days. In these 30 days, you will have a complete solution with no restrictions. However, after expiration, you won’t be able to use any available features such as synchronization, configuration screens, or any other available resources. After purchasing the Licence, the tool will be automatically enabled and all features will be available again.
The Purchased Licence provides access to all features and updates available for a specific product, which, during the maintenance period include support for the tool, bug fixes, and access to new versions deployed in the ServiceNow Store. However, as soon as the Maintenance Licence expires, no support will be provided anymore, and no new app versions will be implemented. If a new product version is implemented after the Maintenance Licence expires, you will have 30 days from the maintenance expiration day to purchase a new Licence. In case no new license is acquired, you won’t be able to use any feature of the SAP Cross Connector for ServiceNow / Solution Manager. As soon as the maintenance Licence is updated, the connector will be automatically enabled and all features will be available again.
The Licence for SAP Cross Connector for ServiceNow / Solution Manager is sold based on a monthly flat rate.
DISTRIBUTION
SAP Cross Connector for ServiceNow / Solution Manager and the Licence herein granted shall not be copied, shared, distributed, re-sold, transferred or sub-Licenced in whole or in part.
The distribution of the SAP Cross Connector for ServiceNow / Solution Manager will be provided exclusively via ServiceNow. ServiceNow apps are governed by ServiceNow Store Terms of Use, which define the general rules for who is interested in the acquisition of a ServiceNow App. This document defines any rules that may be applied specifically for SAP Cross Connector for ServiceNow / Solution Manager. In the event of conflict between this document and ServiceNow Policies, the rules described herein will control and determine the agreement between you and Cross ALM GmbH.
USER AGREEMENT
3.1 Use
Your Licence to use SAP Cross Connector for ServiceNow / Solution Manager is limited to the number of Licences purchased by you. You shall not allow others to use, copy or evaluate copies of SAP Cross Connector for ServiceNow / Solution Manager.
3.2 Use Restrictions
You shall use the SAP Cross Connector for ServiceNow / Solution Manager in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of SAP Cross Connector for ServiceNow / Solution Manager together with material that is pornographic, racist, vulgar, obscene, defamatory, libellous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
The assignment, sublicensing, sale or distribution of copies of SAP Cross Connector for ServiceNow / Solution Manager is strictly forbidden without the prior written consent of Cross ALM GmbH. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow or transfer the use of SAP Cross Connector for ServiceNow / Solution Manager. If any other users or company uses SAP Cross Connector for ServiceNow / Solution Manager registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Prohibition of use
You shall not use the SAP Cross Connector for ServiceNow / Solution Manager if Cross ALM GmbH has expressly prohibited you from using the software. This also applies to orders placed via the ServiceNow Store. In this case, the Licence is available and no contract will be concluded. If,nevertheless, SAP Cross Connector for ServiceNow / Solution Manager is used outside of the predefined context, you commit a copyright infringement. In the event of unlawful use, the rights holder, Cross ALM GmbH, is entitled to injunctive relief, information and damages.
3.4 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile SAP Cross Connector for ServiceNow / Solution Manager. Nor can you create any derivative works or other works that are based upon or derived from SAP Cross Connector for ServiceNow / Solution Manager in whole or in part.
Cross ALM GmbH's name, logo and graphics file that represents SAP Cross Connector for ServiceNow / Solution Manager shall not be used in any way to promote products developed with SAP Cross Connector for ServiceNow / Solution Manager. Cross ALM GmbH retains sole and exclusive ownership of all right, title and interest in and to SAP Cross Connector for ServiceNow / Solution Manager and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of SAP Cross Connector for ServiceNow / Solution Manager, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds described herein. All rights not expressly granted hereunder are reserved for Cross ALM GmbH.
3.5 Limitation of Responsibility
You will indemnify, hold harmless, and defend Cross ALM GmbH, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Cross ALM GmbH's Software.
In no event (including, without limitation, in the event of negligence) will Cross ALM GmbH, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, SAP Cross Connector for ServiceNow / Solution Manager or the use or inability to use SAP Cross Connector for ServiceNow / Solution Manager or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Cross ALM GmbH's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Cross ALM GmbH ).
3.6 Warranties
Except as expressly stated in writing, Cross ALM GmbH makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.7 Governing Law
This Agreement shall be governed by the law of Berlin (Germany) applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Licence and not affect the validity and enforceability of any other provisions.
3.8 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this Licence. Upon termination of this Licence granted herein for any reason, you agree to immediately cease use of SAP Cross Connector for ServiceNow / Solution Manager. The financial obligations incurred by you shall survive the expiration or termination of this Licence.
DISCLAIMER OF WARRANTY
THIS SOFTWARE IS SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY SAP Cross Connector for ServiceNow / Solution Manager AS WELL.
CONSENT OF USE OF DATA
You agree that Cross ALM GmbH, in accordance with the definitions of the Privacy Policy, may collect and use information gathered in any manner as part of the product support services provided to you. Cross ALM GmbH may also use this information to provide notices to you which may be of use or interest to you.
CONTACT DETAILS
Address:
Cross ALM GmbH
Helmholtzstraße 2-9
10587 BerlinEmail:
solutions@crossalm.comPhone / Fax:
(Phone) +49 30 398 36 112
(Fax) +49 30 398 36 111