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Provides connectivity to HANA Databases in Java applications
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b) If You are located in the US or Canada: IN NO EVENT SHALL SAP BE LIABLE TO YOU, YOUR 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 TOOLS OR API OR IN CONNECTION WITH SAP'S PROVISION OF OR FAILURE TO PROVIDE SERVICES PERTAINING TO THE TOOLS OR API, OR AS A RESULT OF ANY DEFECT IN THE API OR TOOLS. 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 DEVELOPER AGREEMENT BY SAP OR FOR ANY OTHER CLAIM RELATED TO THE API OR TOOLS 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.
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8. EXPORT: The Tools and API are subject to German, EU and US export control regulations. You confirm that: a) You will not use the Tools or API for, and will not allow the Tools or API 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 Cuba, Iran, Sudan, Iraq, North Korea, Syria, nor any other country to which the United States has prohibited export or that has been designated by the U.S. Government as a "terrorist supporting" country (any, an "US Embargoed Country"); c) You are not a citizen, national or resident of, and are not under the control of, a US Embargoed Country; d) You will not download or otherwise export or re-export the API or Tools, directly or indirectly, to a US Embargoed Country nor to citizens, nationals or residents of a US Embargoed Country; 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 API or Tools , directly or indirectly, to persons on the above-mentioned lists.
9. SUPPORT: Other than what is made available on the SAP Community Website (SCN) by SAP at its sole discretion and by SCN members, SAP does not offer support for the API or Tools which are the subject of this Developer Agreement.
10. TERM AND TERMINATION: You may terminate this Developer Agreement by destroying all copies of the API and Tools on Your Computer(s). SAP may terminate Your license to use the API and Tools immediately if You fail to comply with any of the terms of this Developer Agreement, or, for SAP's convenience by providing you with ten (10) day's written notice of termination (including email). In case of termination or expiration of this Developer Agreement, You must destroy all copies of the API and Tools immediately. In the event Your Company or any of the intellectual property you create using the API, Tools or Software are acquired (by merger, purchase of stock, assets or intellectual property or exclusive license), or You become employed, by a direct competitor of SAP, then this Development Agreement and all licenses granted in this Developer Agreement shall immediately terminate upon the date of such acquisition.
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a) If You are located outside the US or Canada: This Developer 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 Developer Agreement.
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