SAP SE, together with its directly and indirectly wholly owned subsidiaries and affiliates (collectively, "SAP") created the Contributor License Agreement assistant (CLA assistant) website at https://cla-assistant.io ("Website") as a deployment of the CLA assistant open source tool ("Tool") which is available on GitHub at https://github.com/cla-assistant/cla-assistant.
2 ACCEPTANCE OF TERMS
3 CONDITIONS OF USE
Eligibility. On the condition that You comply with the terms and conditions of this TOU, and that You have current, valid and active account with GitHub (https://github.com/), SAP grants to You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Website solely for the purpose of using the Tool with your GitHub projects. Your access and use of the Website is based on the authentication of Your account with GitHub. You agree that You will only use Your GitHub authentication credentials to access and use the Website.
Email Notifications. The Website provides functionality that enables You to setup email notifications that will be sent to the email address associated with Your GitHub account.
Dos and Don'ts. You must not use the Website to: a. publish, upload, post, email, transmit or otherwise make available any Content (defined below) that (a) You do not have the right to make available; (b) involves / solicits money or financial data; (c) is unlawful, harmful, tortuous, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (d) infringes any Intellectual Property Rights (defined below) of any party; (e) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise; or (f) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property; b. defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity; c. impersonate any person or entity, including, but not limited to, an SAP official, SAP employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity; d. forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website; e. circumvent the user authentication or security of the Website or any host, network, or account related thereto; f. interfere with or disrupt the Website, servers, or networks which support the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; g. violate any applicable local, state, national or international law and any regulations; h. harvest, collect, or store personal information or data of other users; i. provide, or make available, any links, hypertext (Universal Resource Locator (URL) address) or otherwise (other than a "bookmark" from a Web browser), to the Website, or any part thereof; j. except for licenses provided to You as permitted in this TOU, 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 Website; or k. publicly post personally identifying information to the Website (other than for registration purposes).
SAP is entitled (but not obligated) to monitor and enforce Your compliance with this TOU (including removing any non-complying Content).
4 YOUR CONTENT
By transmitting or uploading any Content (defined below) to the Website, You grant to SAP a perpetual, irrevocable, nonexclusive, worldwide, fully paid up and royalty free license to use such Content for purposes of operating and improving the Website and Tool and without any payment or other consideration of any kind, or permission or notification to You or any third party. As used herein, "Content" means any information, data, code, text, software, documentation, graphics, image, audio, video, photograph, message, rating, suggestions, feedback, recommendation, review, compliments, invitations, ideas, expression of ideas, other materials, or any posting.
5 NO SUPPORT BY SAP
SAP does not provide any support, training, maintenance, or related services for the Website whatsoever. SAP may, in its sole discretion, provide updates or answers to user queries.
6 YOUR FEEDBACK; SAP MAY CONTACT YOU
SAP is happy to receive Your suggestions, comments and feedback (collectively, "Feedback") respecting the Website, the Tool or other SAP products and services. By providing Feedback to SAP, You grant SAP a perpetual, irrevocable, nonexclusive, worldwide, fully paid up and royalty free, unlimited license to use such Feedback 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. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Feedback, and all rights therein; to make, have made, offer to sell, sell, lease, or otherwise distribute any Feedback or product; and to practice any method, embodying such Feedback (including the right to sublicense any of the foregoing). To the extent permitted by applicable laws, You hereby waive any moral rights You may have in Feedback. You further represent and warrant to SAP that You have the right, title, and/or authority to grant such license to SAP.
SAP is not obligated to evaluate or provide any comments to You regarding Feedback You submit. At SAP's sole discretion, SAP may contact You with critiques, updates, feedback, replies, or questions regarding Your Feedback, including the status of SAP's evaluation of Your Feedback. In no event will any such contact or communication from SAP obligate SAP to adopt, use, post, provide a timeframe for evaluation, or even provide any additional communication regarding Your Feedback. Nothing in this TOU prohibits or restricts SAP's right to create or obtain other Feedback or submissions similar to or competitive with those submitted by You.
SAP may also send You service announcements and administrative messages related to the operation and administration of the Website and Tool.
7 CHANGE AND NOTICES
SAP reserves the right to make changes to this TOU and to modify, change or discontinue any part or all of the Website at any time. SAP will notify You of any changes to this TOU when You visit the Website and require You to accept such changes before continuing.
8 PRIVACY AND DATA PROTECTION
9 COPYRIGHT POLICY
The Website and Content accessed through the Website are the copyrighted works of SAP or its licensors. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. You agree that You will not use the Website or Content accessed through the Website to infringe the Intellectual Property Rights (defined below) of SAP or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of the Website or any Content accessed through the Website. 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.
10 RESPONSIBILITY FOR LINKS AND CONTENT
SAP IS ONLY RESPONSIBLE OR LIABLE FOR THE CONTENT ACCESSED THROUGH THE WEBSITE TO THE EXTENT REQUIRED BY THE GERMAN TELEMEDIA ACT (TELEMEDIENGESETZ, TMG) AND TO THE FULLEST EXTENT OF APPLICABLE LAW. YOUR USE OF CONTENT IS AT YOUR OWN RISK. The Website may contain links to external websites and information provided on such external websites by SAP partners and third-party service providers. SAP is not responsible for the Contents of any linked website, or any changes or updates to such websites. 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 Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content.
11 INTELLECTUAL PROPERTY RIGHTS
Subject to any licenses You grant to SAP pursuant to this TOU, You retain ownership of all Intellectual Property Rights in and to the Content provided by You on the Website to the extent You are the owner or holder of the Intellectual Property Rights. Nothing in this TOU prohibits You from selling or licensing Your Content to any other party under a separate agreement, provided that, no such separate agreement may impact SAP's rights to such Content as set forth under Section 4 above or elsewhere in this TOU.
You acknowledge and agree that the Website may contain Content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. All Intellectual Proprietary Rights to the Website and any SAP products belong to SAP. Nothing in this TOU is deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell the Website or any SAP products for any reason unless otherwise permitted by law. You agree to assign and do assign to SAP any modifications or derivative works of the Website or any SAP products made by You in contravention of this limitation.
12 TERM, TERMINATION AND ACCOUNTABILITY
This TOU is effective when You accept this TOU electronically by clicking "Accept" or "Agree" and remains effective unless terminated by either party. You may terminate this TOU at any time by deleting Your account. SAP may terminate this TOU for convenience at any time, without prior written notice to You.
If SAP believes that You have violated either this TOU, SAP may, at its sole discretion, suspend or terminate Your account and refuse You any current or future use of the Website. SAP may remove any Content posted on the Website at SAP's sole discretion. SAP is not liable to You or any third party for any termination or change to the Website. If You send or upload Content that is confidential or proprietary of a third party without that third party's permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of the Website or any other user's computer system, SAP may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws. Upon termination of this TOU, You must immediately cease use and access to the Website.
14 EXCLUSION OF WARRANTIES
THIS WEBSITE IS NOT INTENDED FOR PRODUCTIVE USE. Use of this Website is at your sole risk. The Website is provided to You AS IS. To the fullest extent allowable by law, SAP does not guarantee or warrant any features or qualities of the Website, or give any undertaking with regard to any other quality. Statements and explanations to the Website in promotional material or on the Website and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking is implied by a user from any published SAP description of or advertisement except to the extent SAP has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of SAP's management.
SAP does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any (i) links to web-pages of third parties contained on the Website, or the Content obtainable on such web-pages or (ii) information provided by third parties on the Website. SAP will not and does 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 is not liable for damages caused by the use of the Content on the linked web-pages and/or information, unless such damages have been caused by SAPs willful misconduct, gross negligence or SAPs failure to fulfill its duty to review as stipulated herein.
15 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SAP AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO YOU OR 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 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 THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR RELATED SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS DO NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY SAP AND IN CASE OF SAP'S STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
16 COPYRIGHT DISPUTE POLICY
SAP respects the Intellectual Property Rights of others, and we ask our users to do the same. SAP may, in appropriate circumstances and at its discretion, terminate the access/accounts of users who infringe the Intellectual Property Rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or any other violation of your rights, please provide SAP's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed or material which otherwise violates your rights;
- a description of where the material that you claim is infringing/violating is located on the site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
SAP's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Valentina A. Boyet IP Counsel SAP 3999 West Chester Pike Newtown Square, PA 19073 USA (610) 661-5221 email@example.com
Ulrike Brunner Head of Trademark Affairs Global Legal Department SAP AG Dietmar-Hopp-Allee 16 69190 Walldorf, Germany +49 6227 7-42570 firstname.lastname@example.org
17 APPLICABLE LAW
The Website is created and controlled by SAP in Germany. Therefore, the laws of Germany will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which You reside that 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.
18 WAIVER AND SEVERABILITY
The failure of SAP to exercise or enforce any right or provision of this TOU does not constitute a waiver of such right or provision. To the extent that any provision in this TOU is found to be unenforceable, such provision must 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 must not be affected thereby.
19 EXPORT CONTROL
You agree that Your use of the Website will be in compliance with all applicable export control laws and executive orders, including those of the United States and European Union. No software may be downloaded from the Website or otherwise exported or re-exported in violation of applicable export laws.
This TOU constitutes the complete and exclusive statement of the agreement between SAP and You related to the subject matter hereof, and supersedes all prior written and oral contracts, proposals and other communications between the parties relating to the subject matter. Oral agreements do not exist.
You may not assign or otherwise transfer any of its rights under this TOU without SAP's prior written consent.
If any provision of this TOU proves to be invalid, this will not affect any other provision of this TOU.
Last Updated: August 12, 2016
A. GENERAL INFORMATION
Who is the Data Controller?
The data controller for Contributor License Agreement Assistant (CLA assistant) is SAP SE, Dietmar-Hopp-Allee 16, 69190 Walldorf, Germany ("SAP") and its data protection officer can be reached at email@example.com.
What Personal Data does SAP collect?
If you register for CLA assistant in order to use its service for your open source projects, SAP collects the following Personal Data:
- Your GitHubID; and
- The access token created to log you into GitHub (Note: we do not store your password).
If you register for CLA assistant to accept a contributor license agreement (CLA) of the project you would like to contribute to, SAP collects the following Personal Data:
- Your GitHubID;
- The access token created to log you into GitHub (Note: we do not store your password); and
- Any further personal data, which owners of the CLA might ask you to provide (e.g. your first and last name, gender, postal address etc.).
Why SAP needs your Personal Data?
SAP requires your Personal Data to
- provide the CLA assistant; and
- improve the CLA assistant.
Although providing Personal Data is voluntary, without your Personal Data SAP cannot provide you with access to the CLA assistant.
How long will SAP store my Personal Data?
SAP will only store your personal data for as long as it is required for the performance of the purposes described above plus, where applicable, any additional periods under applicable laws during which SAP has to retain your Personal Data. SAP may use servicers to process your Personal Data, including third party servicers.
Who are the recipients of your Personal Data and where will it be processed?
Your Personal Data will be passed on to the following categories of third parties to process your Personal Data:
- Companies and individuals, who use CLA assistant for their open source projects to manage your acceptance of their CLA;
- other service providers for the provision of CLA assistant; and
- state agencies and bodies, e.g. based on entry requirements or police activities and investigations.
As part of a global group of companies operating internationally, SAP has affiliates (the “SAP Group”) and third-party service providers outside of the European Economic Area (the “EEA”) and will transfer your Personal Data to countries outside of the EEA. If these transfers are to a country for which the EU Commission has not issued an adequacy decision, SAP uses the EU standard contractual clauses to contractually require that your Personal Data receives a level of data protection consistent with the EEA. You can obtain a copy (redacted to remove commercial or irrelevant) of such standard contractual clauses by sending a request to firstname.lastname@example.org. You can also obtain more information from the European Commission on the international dimension of data protection here.
What are your data protection rights?
You can request from SAP: access at any time to information about which Personal Data SAP processes about you and the correction or deletion of such Personal Data. Please note, however, that SAP can or will delete your Personal Data only if there is no statutory obligation or prevailing right of SAP to retain it. Kindly note further that if you request that SAP deletes your Personal Data, you will not be able to continue to use any SAP service that requires SAP’s use of your Personal Data.
Furthermore, you can request from SAP that SAP restricts your Personal Data from any further processing in any of the following events: (i) you state that the Personal Data SAP has about you is incorrect, subject to the time SAP requires to check the accuracy of the relevant Personal Data, (ii) there is no legal basis for SAP processing your Personal Data and you demand that SAP restricts your Personal Data from further processing, (iii) SAP no longer requires your Personal Data but you state that you require SAP to retain such data in order to claim or exercise legal rights or to defend against third party claims, or (iv) in case you object to the processing of your Personal Data by SAP based on SAP’s legitimate interest (as further set out below), subject to the time required for SAP to determine whether it has a prevailing interest or legal obligation in processing your Personal Data.
For individuals within the State of California, you instead have the right:
- to request from SAP access to your Personal Data that SAP collects, uses, discloses, or sells (if applicable) about you;
- to request that SAP delete Personal Data about you;
- to opt-out of the sale of Personal Data, if applicable;
- to non-discriminatory treatment for exercise of any of your data protection rights; and
- in case of request from SAP for access to your Personal Data, for such information to be portable, if possible, in a readily usable format that allows you to transmit this information to another recipient without hindrance.
Please note, however, that SAP can or will delete your Personal Data only if there is no statutory obligation or prevailing right of SAP to retain it. Kindly note further that if you request that SAP deletes your Personal Data, you will not be able to continue to use the CLA assistant.
How can you exercise your data protection rights?
Please direct any requests to exercise your rights to email@example.com or, if you are located in the State of California, you can also call toll-free using the numbers provided here. You can also designate another person to submit requests to exercise your data protection rights to SAP. You can give authorization to such person by granting them a limited power of attorney to exercise your data protection rights on your behalf.
How will SAP verify requests to exercise data protection rights?
SAP will take steps to ensure that it verifies your identity to a reasonable degree of certainty before it will process the data protection right you want to exercise. When feasible, SAP will match Personal Data provided by you in submitting a request to exercise your rights with information already maintained by SAP. This could include matching two or more data points you provide when you submit a request with two or more data points that are already maintained by us.
In accordance with the verification process set forth in the California Consumer Privacy Act (“CCPA”), SAP will require a more stringent verification process for deletion requests, or for Personal Data that is considered sensitive or valuable, to minimize the harm that might be posed to you by unauthorized access or deletion of your Personal Data. If SAP must request additional information from you outside of information that is already maintained by SAP, SAP will only use it for the purposes of verifying your identity so you can exercise your data protection rights, or for security and fraud-prevention purposes.
SAP will decline to process requests that are manifestly unfounded, excessive, fraudulent, or are not otherwise required by local law.
If you take the view that SAP is not processing your Personal Data in accordance with the requirements in this Privacy Statement or under applicable EEA data protection laws, you can at any time lodge a complaint with the data protection authority of the EEA country where you live or with the data protection authority of the country or state where SAP has its registered seat.
B. PROCESSING BASED ON A STATUTORY PERMISSION
Why does SAP need to use my Personal Data and on what legal basis is SAP using it?
SAP can use your Personal Data based on its legitimate interest (Article 6 para. 1 lit. f GDPR) as follows: If required, SAP will use your Personal Data for the purposes of preventing or prosecuting criminal activities such as fraud and to assert or defend against legal claims.
You can at any time object to SAP’s use of your Personal Data as set forth in this section by sending an email to firstname.lastname@example.org address. In this case, SAP will carefully review your objection and cease further use of the relevant information, subject to SAP’s compelling legitimate grounds for continued use of the information, which override your interest in objecting, or if SAP requires the information for the establishment, exercise or defense of legal claims.
In accordance with the disclosure requirements under the CCPA, SAP is exempt from providing a notice to opt-out because it does not and will not sell your Personal Data.
What are cookies?
Cookies are small files placed on your device (computer, tablet or smartphone). When you access a website, a cookie is placed on your device and it will send information to the party that placed the cookie.
What are first party and third party cookies?
What cookies does SAP use on its websites?
SAP differentiates between Required Cookies that are absolutely necessary for the website’s technical features, Functional Cookies that allow SAP to analyse the site usage, and Advertising Cookies that are used by advertising companies to serve ads relevant to your interests. SAP provides you with the option to adjust your preferences in the TrustArc Cookie Consent Manager for Functional and Advertising Cookies. You can access TrustArc at any time by clicking on the Cookie Preferences link in the footer of the webpages of this site.
• Required Cookies
Required Cookies are required to enable core site functionality. These cookies allow SAP to provide you a secure log-in and remember how far you are through an order.
• Functional Cookies
Functional Cookies allow SAP to analyse site usage so it can measure and improve its performance. These cookies allow SAP to remember your log-in details to remember what is in your shopping cart and make sure the website looks consistent. You can adjust your personal preferences by clicking on the Cookie Preferences link found in the footer of the webpage of this site.
• Advertising Cookies
Advertising Cookies are used by advertising companies to serve ads that are relevant to your interests. These Cookies allow you to share pages with social networks and to post comments. Further, to serve ads relevant to your interests. You can adjust your personal preferences by clicking on the Cookie Preferences link found in the footer of the webpage of this site.
What cookies does SAP use on CLA assistant?
SAP uses only Required Cookies for the CLA assistant webpage.
This Privacy Statement was updated on 07.05.2020.