Sap Software Licence Agreement
The problem for many SAP customers is that they do not know categorically whether they are properly licensed or not. Customers with potential indirect access issues would be well advised to develop a strategy before being contacted by their SAP account team based on an audit of their licenses and the provision of existing SAP software and an assessment of their potential financial risks related to existing and inspected indirect application cases. Mitigating circumstances, such as the role of SAP, should also be taken into account. B in implementing or raising awareness of indirect use cases, without informing the customer of the effects on licensing. Given SAP`s desire to restore customer confidence, circumstances that demonstrate the customer`s good faith could be an important consideration in persuading SAP to forego the purchase of additional licenses to cover existing services or to minimize them. The basis of SAP`s existing price model for its digital core is a designated user/price license model. That is, the customer “must have a named user license for each person who accesses a package [i.e. software authorized by SAP] … (Clause 1.2.1 SAP Software Rights to Use inGLOBAL.v.1-2018) The SAP-Cloud contract consists of 4 elements: order form, description of cloud service, data processing contract and general terms of sale. The order form, the data processing agreement and the terms and conditions of sale are actually the same for each cloud service in the SAP price list, while the description of the cloud service is a product-specific collection of documents.
Other indirect examples of application include access through robotic process automation software (robots) and the Internet of Things (IoT) and by end-users via e-commerce websites, all of which have become increasingly relevant as companies want to become digital enterprises. However, the general application of the SAP-appointed user license framework to indirect cases is like the proverbial square pen in a round hole. The categories of users designated by SAP (z.B. Sap Professional User, SAP Developer User, SAP Employee User, SAP Employee User, etc.) have not been developed or evaluated to reflect the different types of uses of SAP`s digital core that can be done by indirect access. For this reason, the Diageo court found that gen2 and Connect users did not fall within one of these categories of users under Diageo`s licensing agreement and therefore left it to the quantum phase of the study to determine the amount of royalties earned by Diageo based on the nature and extent of SAP`s use and price list. If the reseller is notified of unauthorized use of the Software by resellers as part of SAP`s end-user license agreement, including third-party software, sap will notify SAP immediately. Here you`ll find a number of contract documents for SAP`s cloud, software and services offerings. These contractual documents form the basis of your contractual relationship with SAP if they are referenced in certain order forms.
On April 10, 2018, SAP announced a new price model for the granting of an SAP software license. This new pricing model is a response to an erosion of trust among SAP`s customer base, caused by SAP`s recent high-level litigation, which has required substantial additional licensing and support fees based on indirect access rights to SAP ERP software. In developing the new pricing model, SAP sought input from user groups, customers, partners and industry analysts. SAP`s stated goal in the new pricing approach is to focus on business results and provide an objective indicator for the use of SAP ERP, SAP S/4HANA and SAP S/4HANA Cloud, which is called SAP “Digital Core”. As explained below, the new pricing model is a significant improvement over sap`s old licensing system over the uncertainty and confusion of indirect access, but leaves a number of questions unanswered for SAP customers. The technological landscape and the