Delivery of Software. 1. SAP will deliver the Software as described in the Documentation and the Price List and will also provide the appropriate license keys. With regard to the features, quality and functionality of the Software the product description in the Documentation and the Price List is solely decisive. SAP does not own any additional features, quality or functionality. Partner can, in particular, not assert any additional feature, quality or functionality from any public statements, publications or advertisements by SAP except to the extend SAP has expressly confirmed such additional feature, quality or functionality in writing. Any representation, warranty, undertaking or guarantee regarding additional features, quality or functionality is effective only if expressly confirmed by SAP’s management in writing. 2. After execution of an Order Form, SAP will deliver to Partner one copy of the relevant Software: a) on discs or other data media (“Physical Shipment”); or b) by making it available for download through the internet (usually on the SAP ServiceMarket Place (xxxx://xxxxxxx.xxx.xxx/swdc)) (“Electronic Delivery”) or its successor website as published by SAP. 3. The relevant Software and Documentation will be deemed delivered (including but not limited for the purpose of fixed delivery dates or timely delivery) and the risk passes to Partner: a) in case of Physical Shipment, when the relevant disc or other data media is handed over to the freight carrier; or b) in case of Electronic Delivery, when SAP has made an electronic copy thereof available for download and has informed Partner accordingly (“Delivery”). 4. Upon Partner’s request or if stipulated in the Order Form, SAP may agree to provide Software and the appropriate license key directly to the relevant End User instead (“End User Delivery”). In case of End User Delivery, the provisions set out in this Article 4 (Delivery of Software) will apply analogously; delivery to Partner will be deemed to occur upon Delivery to the End User. 5. SAP might be entitled to suspend the delivery of any or all SAP Products as well as applicable license keys to Partner or End User or both as further set out in this Sell On Premise Model as well as the PartnerEdge GTCs. 6. If Partner receives a new copy of the Software, Documentation and/or other SAP Materials that replaces previously provided Software, Documentation and/or other SAP Materials, Partner must distribute such newest copy provided and either destroy or upon SAP’s request return previous copies. 7. Partner must not make the Software, Documentation and/or other SAP Materials available to the End User by any means other than by delivering the Software, Documentation and/or other SAP Materials as originally provided by SAP. Partner’s right to pass on the Software, Documentation and/or other SAP Materials is subject to the provisions of this Agreement.
Appears in 16 contracts
Samples: Sell on Premise Specific Terms and Conditions, Sell on Premise Specific Terms and Conditions, Sell on Premise Specific Terms and Conditions
Delivery of Software. 1. SAP will deliver the Software as described in the Documentation and the Price List and will also provide the appropriate license keys. With regard to the features, quality and functionality of the Software the product description in the Documentation and the Price List is solely decisive. SAP does not own any additional features, quality or functionality. Partner can, in particular, not assert any additional feature, quality or functionality from any public statements, publications or advertisements by SAP except to the extend extent SAP has expressly confirmed such additional feature, quality or functionality in writing. Any representation, warranty, undertaking or guarantee regarding additional features, quality or functionality is effective only if expressly confirmed by SAP’s management in writing.
2. After execution of an Order Form, SAP will deliver to Partner one copy of the relevant Software:
a) on discs or other data media (“Physical Shipment”); or
b) by making it available for download through the internet (usually on the SAP ServiceMarket Place (xxxx://xxxxxxx.xxx.xxx/swdc)) (“Electronic Delivery”) or its successor website as published by SAP.
3. The relevant Software and Documentation will be deemed delivered (including but not limited for the purpose of fixed delivery dates or timely delivery) and the risk passes to Partner:
a) in case of Physical Shipment, when the relevant disc or other data media is handed over to the freight carrier; or
b) in case of Electronic Delivery, when SAP has made an electronic copy thereof available for download and has informed Partner accordingly (“Delivery”).
4. Upon Partner’s request or if stipulated in the Order Form, SAP may agree to provide Software and the appropriate license key directly to the relevant End User instead (“End User Delivery”). In case of End User Delivery, the provisions set out in this Article 4 (Delivery of Software) will apply analogously; delivery to Partner will be deemed to occur upon Delivery to the End User.
5. SAP might be entitled to suspend the delivery of any or all SAP Products as well as applicable license keys to Partner or End User or both as further set out in this Sell On Premise Model as well as the PartnerEdge GTCs.
6. If Partner receives a new copy of the Software, Documentation and/or other SAP Materials that replaces previously provided Software, Documentation and/or other SAP Materials, Partner must distribute such newest copy provided and either destroy or upon SAP’s request return previous copies.
7. Partner must not make the Software, Documentation and/or other SAP Materials available to the End User by any means other than by delivering the Software, Documentation and/or other SAP Materials as originally provided by SAP. Partner’s right to pass on the Software, Documentation and/or other SAP Materials is subject to the provisions of this Agreement.
Appears in 4 contracts
Samples: Sell on Premise Specific Terms and Conditions, Sell on Premise Specific Terms and Conditions, Sell on Premise Specific Terms and Conditions
Delivery of Software. 1. SAP will deliver the Software as described in the Documentation and the Price List and will also provide the appropriate license keys. With regard to the features, quality and functionality of the Software the product description in the Documentation and the Price List is solely decisive. SAP does not own any additional features, quality or functionality. Partner can, in particular, not assert any additional feature, quality or functionality from any public statements, publications or advertisements by SAP except to the extend extent SAP has expressly confirmed such additional feature, quality or functionality in writing. Any representation, warranty, undertaking or guarantee regarding additional features, quality or functionality is effective only if expressly confirmed by SAP’s management in writing.
2. After execution acceptance of an Order Formorder, SAP XXX will deliver to Partner one copy of the relevant Software:
a) on discs or other data media (“Physical Shipment”); or
b) by making it available for download downloading through the internet (usually on the SAP ServiceMarket Place (xxxx://xxxxxxx.xxx.xxx/swdc)) (“Electronic Delivery”) or its successor website as published by SAP).
3. The relevant Software and Documentation will be deemed delivered (including but not limited for the purpose of fixed delivery dates or timely delivery) and the risk passes to Partner:
a) in case of Physical Shipment, when the relevant disc or other data media is handed over to the freight carriercarrier (FCA - Free Carrier (named place of delivery), Incoterms 2010); or
b) in case of Electronic Delivery, when SAP has made an electronic copy thereof available for download downloading and has informed Partner accordingly (“Delivery”).
4. Upon Partner’s request or if stipulated in the Order Formorder, SAP may agree to provide Software and the appropriate license key directly to the relevant End User instead (“End User Delivery”). In case of End User Delivery, the provisions set out in this Article 4 (Delivery of Software) will apply analogously; delivery to Partner will be deemed to occur upon Delivery to the End User.
5. SAP might be entitled to suspend the delivery of any or all SAP Products as well as applicable license keys to Partner or End User or both as further set out in this Sell On Premise Model as well as the PartnerEdge GTCs.
6. If Partner receives a new copy of the Software, Documentation and/or other SAP Materials that replaces previously provided Software, Documentation and/or other SAP Materials, Partner must distribute such newest copy provided and either destroy or upon SAP’s request return previous copies.
7. Partner must not make the Software, Documentation and/or other SAP Materials available to the End User by any means other than by delivering the Software, Documentation and/or other SAP Materials as originally provided by SAP. Partner’s right to pass on the Software, Documentation and/or other SAP Materials is subject to the provisions of this Agreement.
Appears in 2 contracts
Samples: Sell on Premise Specific Terms and Conditions, Sell on Premise Specific Terms and Conditions
Delivery of Software. 1. SAP will deliver the Software as described in the Documentation and the Price List and will also provide the appropriate license keys. With regard to the features, quality and functionality of the Software the product description in the Documentation and the Price List is solely decisive. SAP does not own any additional features, quality or functionality. Partner can, in particular, not assert any additional feature, quality or functionality from any public statements, publications or advertisements by SAP except to the extend extent SAP has expressly confirmed such additional feature, quality or functionality in writing. Any representation, warranty, undertaking or guarantee regarding additional features, quality or functionality is effective only if expressly confirmed by SAP’s management in writing.
2. After execution acceptance of an Order Formorder, SAP XXX will deliver to Partner one copy of the relevant Software:
a) on discs or other data media (“Physical Shipment”); or
b) by making it available for download downloading through the internet (usually on the SAP ServiceMarket Place (xxxx://xxxxxxx.xxx.xxx/swdcxxxx://xxxxxxx.xxx.xxx/s wdc)) (“Electronic Delivery”) or its successor website as published by SAP).
3. The relevant Software and Documentation will be deemed delivered (including but not limited for the purpose of fixed delivery dates or timely delivery) and the risk passes to Partner:
a) in case of Physical Shipment, when the relevant disc or other data media is handed over to the freight carriercarrier (FCA - Free Carrier (named place of delivery), Incoterms 2010); or
b) in case of Electronic Delivery, when SAP has made an electronic copy thereof available for download downloading and has informed Partner accordingly (“Delivery”).
4. Upon Partner’s request or if stipulated in the Order Formorder, SAP may agree to provide Software and the appropriate license key directly to the relevant End User instead (“End User Delivery”). In case of End User Delivery, the provisions set out in this Article 4 (Delivery of Software) will apply analogously; delivery to Partner will be deemed to occur upon Delivery to the End User.
5. SAP might be entitled to suspend the delivery of any or all SAP Products as well as applicable license keys to Partner or End User or both as further set out in this Sell On Premise Model as well as the PartnerEdge GTCs.
6. If Partner receives a new copy of the Software, Documentation and/or other SAP Materials that replaces previously provided Software, Documentation and/or other SAP Materials, Partner must distribute such newest copy provided and either destroy or upon SAP’s request return previous copies.
7. Partner must not make the Software, Documentation and/or other SAP Materials available to the End User by any means other than by delivering the Software, Documentation and/or other SAP Materials as originally provided by SAP. Partner’s right to pass on the Software, Documentation and/or other SAP Materials is subject to the provisions of this Agreement.
Appears in 1 contract
Delivery of Software. 1. SAP will deliver the Software as described in the Documentation and the Price List and will also provide the appropriate license keys. With regard to the features, quality and functionality of the Software the product description in the Documentation and the Price List is solely decisive. SAP does not own any additional features, quality or functionality. Partner can, in particular, not assert any additional feature, quality or functionality from any public statements, publications or advertisements by SAP except to the extend SAP has expressly confirmed such additional feature, quality or functionality in writing. Any representation, warranty, undertaking or guarantee regarding additional features, quality or functionality is effective only if expressly confirmed by SAP’s management in writing.
2. After execution acceptance of an Order Formorder, SAP XXX will deliver to Partner one copy of the relevant Software:
a) on discs or other data media (“Physical Shipment”); or
b) by making it available for download downloading through the internet (usually on the SAP ServiceMarket Place (xxxx://xxxxxxx.xxx.xxx/swdc)) (“Electronic Delivery”) or its successor website as published by SAP).
3. The relevant Software and Documentation will be deemed delivered (including but not limited for the purpose of fixed delivery dates or timely delivery) and the risk passes to Partner:
a) in case of Physical Shipment, when the relevant disc or other data media is handed over to the freight carriercarrier (FCA - Free Carrier (nam ed place of delivery), Incoterms 2010); or
b) in case of Electronic Delivery, when SAP has made an electronic copy thereof available for download downloading and has informed Partner accordingly (“Delivery”).
4. Upon Partner’s request or if stipulated in the Order Formorder, SAP may agree to provide Software and the appropriate license key directly to the relevant End User instead (“End User Delivery”). In case of End User Delivery, the provisions set out in this Article 4 (Delivery of Software) will apply analogously; delivery to Partner will be deemed to occur upon Delivery to the End User.
5. SAP might be entitled to suspend the delivery of any or all SAP Products as well as applicable license keys to Partner or End User or both as further set out in this Sell On Premise Model as well as the PartnerEdge GTCs.
6. If Partner receives a new copy of the Software, Documentation and/or other SAP Materials that replaces previously provided Software, Documentation and/or other SAP Materials, Partner must distribute such newest copy provided and either destroy or upon SAP’s request return previous copies.
7. Partner must not make the Software, Documentation and/or other SAP Materials available to the End User by any means other than by delivering the Software, Documentation and/or other SAP Materials as originally provided by SAP. Partner’s right to pass on the Software, Documentation and/or other SAP Materials is subject to the provisions of this AgreementAgreem ent.
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