A: Scope
PHOENIX WEBSITES
Phoenix Business, Inc. DBA Phoenix Business Consulting, 6021 Midnight Pass Rd. Ste 3, Sarasota, FL 34242, USA has created, owns, and operates multiple websites, (each individually referred to hereunder as an “Phoenix Website” and collectively “Phoenix Websites”). The Phoenix Websites allow you and other Phoenix software experts, developers, users, and other interested parties (“You” or “Your”) to engage in a variety of activities, such as find information, purchase and/or research Phoenix and related software and services, obtain support for Phoenix software and services, share information with Phoenix and third parties, post comments, blog, provide reviews, vote on prospective features, and engage in conversations and activities related to Phoenix’s products and services. The Websites also include information created and publishedvby Phoenix (“Phoenix Materials”) and third parties (“User Content”), such as text, images, photographs, graphics, audio and video, data, code, and software (collectively, the Phoenix Materials and User Content are referred to as “Content”).
B. SAP STORE TERMS
The Phoenix publishes software on the SAP Store; https://store.sap.com. Phoenix has created a web shop, for purposes of this Agreement called “Phoenix Store” which You can use and access to obtain information on Phoenix Standard Software and Services (the “Phoenix Software”) and
related products (also Partners products) and to purchase or subscribe to it. Furthermore, the Phoenix Store serves as a marketing and distribution platform for Phoenix group companies as well as partners. Purchasing or licensing of any Phoenix Software offered on the SAP Store is NOT available for consumers, but solely for merchants/corporations and might require an existing, compatible SAP software/system installation.
Unless otherwise agreed to in a separate signed writing, your access and use of the Phoenix Content, or any forums, wikis, blogs, or services provided, are subject to the Terms of Use for Phoenix Websites in addition to the Phoenix Store specific terms and conditions contained in
Appendix A, attached and incorporated herein by reference. Together the Terms of Use for Phoenix Websites and the Phoenix Store specific terms and conditions contained in Appendix A shall be referred to as the “Phoenix Store Terms of Use” or “Phoenix Store TOU”. In the event of a conflict between the Terms of Use for Phoenix Websites and the Phoenix Store specific terms and conditions contained in this document with respect to Your access and use of the Phoenix Store and Content found within the Phoenix Store TOU shall prevail or take precedence. Additionally, your use of the Phoenix Store, Content, and the Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements either between a) You and Phoenix, or b) You and a Phoenix group company, (any Additional Legal Terms) or c) You and a Partner (any Partner Terms), which may be posted on the Phoenix Store where applicable.
Your access and use of any Phoenix products or related documentation or any third party products made available through the Phoenix Store shall be subject to a separate license agreement (Additional Legal Terms or Partner Terms) made available to You at the time by Phoenix, or a Phoenix group company or a Partner (as the case may be), You order, access or download such Phoenix and/or third party products. For any products or services offered by Partners, only Partner Terms apply to such products and services. Such Partner Terms need to be accepted separately by You. Phoenix is not a party to any agreement between You and a Partner.
Acceptance of Terms
Your access and use of the Phoenix Websites is subject to and governed by these Terms of Use, also referred to as “TOU”, including any additional or different disclaimers, legal notices, agreements, or terms and conditions that may apply to Your use of or access to any particular Phoenix Website, Phoenix Materials, or User Content. If there is a conflict between the terms in this TOU and any additional legal terms, the additional legal terms shall control. This TOU forms a legally binding agreement between You and Phoenix. By clicking an “I Accept” button as part of a registration process, or otherwise demonstrating your consent to this TOU through a process established by Phoenix or SAP on behalf of Phoenix, you accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, you should not click the “I Accept” button (or equivalent) or attempt to access or use any Phoenix Website, Phoenix Materials, or User Content. Please note that this TOU does not govern the use of any cloud solutions (e.g., Phoenix Convenience and Compliance pack or other SAP compliant Add On) provided by Phoenix and for which You are required to enter into a separate agreement.

If You are accessing and/or using the Phoenix Websites on behalf of Your employer or as a consultant or agent of a third party (collectively, “Your Company”), You represent and warrant that You have the authority to act on behalf of and bind Your Company to the terms of this Terms of Use, and everywhere these Terms of Use refer to You or Your, shall also include Your Company. Furthermore, where You use any marketplace unctionality of the Phoenix Store to buy and/or license Phoenix products or third party products from either Phoenix, any Phoenix group company or a Partner, you represent and warrant that You have the authority to act on behalf of and bind Your Company to the terms of any purchase, rental or licensing agreement concluded with either of the aforementioned entities. Phoenix may modify the TOU to reflect changes in Phoenix’s business, applicable law, or for other reasons deemed necessary by Phoenix. If the terms of the TOU change, Phoenix will provide notice, which may include, but is not limited to notice provided through the Websites or a Phoenix user account. Except where prohibited by law, updates to the TOU will apply once the
changes have been posted or notice has otherwise been given. Changes to the TOU will, however, not apply retroactively. If You do not agree to changes made to the TOU, you must discontinue your use of the affected Phoenix Website, Phoenix Materials, or User Content.


User Content/License to Phoenix


Phoenix does not claim ownership of User Content that you post, upload, input or submit to any Phoenix Website. By posting, transmitting or uploading any User Content, including any article, information, data, code, text, software, documentation, graphic, image, marketing material,
video, photograph, message, suggestion, feedback, idea, or posting to any forum, wiki, or blog on any Phoenix Website, You grant to Phoenix a perpetual, irrevocable (subject to mandatory data protection requirements), non-exclusive, world-wide, fully-paid up and royalty free license
to use such User Content 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. This license includes, without limitation, the irrevocable (subject to mandatory data protection requirements)
right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and provide the User Content to third parties; to make, have made, offer to sell, sell, lease, or otherwise distribute any User Content or product; and to practice any method, embodying such User Content (including the right to sublicense any of the foregoing).

You represent and warrant to Phoenix that You have the right, title, and/or authority to grant such license to Phoenix. Phoenix may elect not to post or publish User Content that You submit. If Phoenix elects to post or publish Your User Content, Phoenix may in its sole discretion withdraw the posted or published User Content for any reason and without notice even if Phoenix has previously indicated to You that Phoenix might or will post the User Content You have submitted.


You acknowledge and agree that the relationship between You and Phoenix is not a confidential, fiduciary, or other special relationship. Phoenix shall have the right, but not the obligation, to use Your name, likeness, biography and other information about You that You have provided in
connection with any use of the User Content You submit, and Phoenix may continue to use this information after any termination of your account or Your access to the Websites for the purpose of identifying the source of User Content that you previously submitted. Nothing in this TOU
shall prohibit or restrict Phoenix’s right to create or obtain User Content or submissions similar to or competitive with the User Content that You have submitted.


Permissible Use of Phoenix Websites and Content
The Phoenix Websites, the Phoenix Materials, and the User Content are for your non[1]commercial use, that is, your use must not be intended for or directed towards commercial advantage or monetary compensation. You may not copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, rent, lease, or sell the Phoenix Websites, Phoenix Materials, or User Content. You may, however, download, store, and display on your computer or other electronic device, solely to view, listen to, play and print Phoenix Materials and User Content; provided that: (a) the Phoenix Materials and User Content may only be used for informational, non-commercial purposes and will not be copied or posted on any computer network, or otherwise published, broadcast, or distributed in any manner or media; and (b) the Phoenix Materials and User Content may not be modified or altered in any way, including any copyright notices.


You may not use the Phoenix Websites in any manner that could damage, disable, overburden, or impair any Phoenix server, or the network(s) connected to any Phoenix server, or interfere with any other party’s use and enjoyment of any Phoenix Website. You may not attempt to gain
unauthorized access to any Phoenix Website, other accounts, computer systems or networks connected to any Phoenix server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Phoenix Websites.
You agree not to use a Phoenix Website to:


· publish, upload, post, email, transmit or otherwise make available any User Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) 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;
· defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity or business integrity; · impersonate any person or entity, including, but not limited to, a Phoenix official, Phoenix employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
· forge email headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Phoenix Websites;
· download any file or User Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
· interfere with or disrupt the servers, or networks which support the Phoenix Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Phoenix Websites;
· violate any applicable local, state, national or international law and any regulations;
· harvest, collect, or store personal information or data of other users.
Termination of Use
Phoenix may, in its sole discretion, at any time discontinue providing or limit access to the Phoenix Websites, any areas of the Phoenix Websites, or any Phoenix Materials or User Content provided on or through the Phoenix Websites. You agree that Phoenix may, in its sole discretion, at any time, terminate or limit your access to, or use of, any or all of the Phoenix Websites or any Phoenix Material or User Content. In the event You are in material breach of the TOU, Phoenix may, at its sole discretion, suspend or terminate Your account, delete Your Content from the Phoenix Website, and refuse You any current or future use of a Phoenix Website without notice. Phoenix shall not be liable to You or any third party for any such suspension or termination.

If You wish to terminate your account, you may do so by submitting your request via email to privacy@phoenixteam.com. Please note that in the event that you elect to terminate your account, Phoenix has the right and may elect to continue to post and publish on the Websites personally identifying information associated with User Content that You have posted.
Phoenix Contact
Phoenix is not obligated to evaluate or provide any comments to you regarding User Content that you submit. At Phoenix’s sole discretion, Phoenix may contact you with critiques, updates, feedback, status or questions regarding your submission. In no event will any such contact or communication from Phoenix obligate Phoenix to adopt your submission, provide a timeframe for evaluation, or even provide any additional communication regarding your submission.


Confidential Information
A. Except for Phoenix Websites which are clearly identified as non-public forums (each a “Non[1]Public Forum”), Phoenix Websites are intended to be public forums, and You agree not to provide Phoenix or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Except for User Content clearly labeled as confidential that You upload into a Non-Public Forum, any User Content that You send or upload to a Phoenix Website will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such User Content.
B. You agree not to reproduce any Confidential Information to which you are provided access through a Phoenix Website in any form except as authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of Phoenix or the third party that has prepared such information and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (c) not to disclose any Confidential Information to any party without the prior written consent of Phoenix or the third party that has prepared such information. You do not acquire any rights in Confidential Information except the limited rights as described herein. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Phoenix Software or Phoenix Websites, or compete with Phoenix Software or Phoenix Websites in whole or in part. As used herein, ‘Confidential Information’ shall mean all trade secrets, intellectual property rights, and other information Phoenix or third parties protect against unrestricted disclosure to others which is (i) either labeled Confidential and accessed through a restricted or non-public area of a Phoenix Website or pursuant to software downloads, or (ii) reasonably identifiable as confidential based on the type of information and the manner of its
disclosure. As used herein ‘reasonable steps’ means those steps You and/or Your Company take to protect your own Confidential Information, which shall not be less than the industry standard of care.
All user content posted by you to a Phoenix Website, whether into a public forum or non-public forum, shall be at your own risk, and Phoenix takes no responsibility for the use or misuse of any such uploaded information by any other user of a Phoenix Website.


Your Information, Privacy, and Data Protection


Some of the Phoenix Websites require that You become a registered user. Before you can use these Websites, you have to register with Phoenix and provide Phoenix with certain information, which may include personally identifiable information, such as your name and your email address (“Personal Data”). By providing Phoenix with Personal Data, you expressly agree that Phoenix may collect, use, store and otherwise process Your Personal Data for the purpose of providing you with access to the Websites and related activities and communications in which you agree to participate.


You are responsible for and agree to provide Phoenix with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, you may request information about Your Personal Data stored with Phoenix, or the correction (in case the relevant Website is not allowing You to correct or update your information), or deletion of Your Personal Data by contacting privacy@phoenixteam.com. Please note that if You request the deletion of your account or Personal Data, you might not be able to further access and use the Phoenix Websites and your User Content.


You are solely responsible with regard to usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time. You understand and agree that Phoenix collects, uses, stores and otherwise processes Your personal
information and utilization data and may share such data with third party service providers for the purposes of improving or providing the Phoenix Websites subject to Phoenix’s Privacy Statement.


You agree to comply with the terms of the Phoenix Privacy Statement, which can be found by clicking on the ‘Privacy’ link at the bottom of each web page on Phoenix Websites.


Intellectual Property Rights
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 secrets 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. All Intellectual Proprietary Rights to any Phoenix Software, the Phoenix Websites, Phoenix Materials, and User Content belongs to Phoenix or the individual or entity that submitted it. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any Phoenix Software, the Phoenix Websites, any Phoenix Materials, or any User Content for any reason, unless otherwise expressly permitted by the TOU or by law. You hereby agree to assign
and do assign to Phoenix (and Phoenix accepts such assignment) any modifications or derivative works of any Phoenix Software, the Phoenix Websites, and Phoenix Materials made by You in contravention of this limitation without remuneration of any kind.


Information on requirements for using Phoenix trademarks can be found by clicking on the “Trademarks” link at the bottom of each web page on Phoenix websites.
You agree to comply with the terms of the ‘Phoenix Copyright Guidelines’, which can be found below or by clicking on ‘copyright’ link at the bottom of each web page on Phoenix Websites.


Responsibility for Content and Links
Phoenix is only responsible or liable for the content posted on a Phoenix Website to the extent required by the German tele media act (telemediengesetz, tmg). To the fullest extent permitted by applicable law, your use of content shall be at your own risk. Any Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content. Phoenix does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any Content provided
by third parties on a Phoenix Website. Phoenix may remove any Content posted on a Phoenix Website at Phoenix’s sole discretion, but, if You believe that material that You hold the copyright on is being infringed upon on any Phoenix website, please notify Phoenix’s Copyright
Agent in accordance with the procedure set forth at the following link: privacy@phoenixteam.com


Phoenix Websites may contain links to external websites. Phoenix shall not be responsible for the contents of any linked website, or any changes or updates to such websites. Additionally, Phoenix shall not be 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 software, content, goods or services available on or through any such linked website. Phoenix does not control and/or review the linked webpages and the information provided by third parties.


Use of Phoenix and Partners Software
Your access and use of any software or related documentation, including developer tools and sample code, and any application program interface information provided on a Phoenix Website (collectively “Software”) is governed by the software license agreement and related documents
and terms (e.g., attachments, exhibits, order form, disclaimers, etc.) (“License Agreement”) that accompany such Software. You may not use or install any Software that is accompanied by a License Agreement unless and until You first agree to the terms of the License Agreement. You must not modify, decompile, or reverse engineer any Software, except to the extent expressly permitted by applicable law or the License Agreement. In the event that Software provided through a Phoenix Website is not accompanied by a License Agreement: The Software may be used solely for your personal, informational, noncommercial purposes; the Software may not be modified or altered in any way; and the Software may not be
redistributed.


All Phoenix Software is the copyrighted work of Phoenix. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including the Phoenix Software, is an infringement of the copyright holder’s rights. Information on the process for requesting Phoenix’s permission to use any Phoenix-owned copyrighted works can be found by clicking on the “Copyright” link at the bottom of each web page on Phoenix Websites. Indemnity


THE FOLLOWING APPLIES IF YOU ACCESS A WEBSITE FROM OUTSIDE THE EU:
You agree to indemnify and hold Phoenix, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your User Content or Your usage of an Phoenix Website, Your breach of this TOU, any additional legal terms, or Phoenix’s Privacy Statement, Your unauthorized use of any Phoenix-owned Intellectual Property, or Your alleged violation of any other rights of a third party.


THE FOLLOWING APPLIES IF YOU ACCESS A WEBSITE FROM WITHIN THE EU:
You agree to indemnify and hold Phoenix, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party against any of the aforesaid entities or persons due to or arising out of Your culpable breach of this TOU, any additional legal terms or Phoenix’s Copyright or Privacy Statements.


Exclusion of Warranties
Phoenix Websites and Content are being provided to You “AS IS”. To the fullest extent allowable by law, Phoenix does not guarantee or warrant any features or qualities of any Phoenix Website or Content, or give any undertaking with regard to any other quality. Statements and explanations on Phoenix Websites and Content in promotional material or on Phoenix Website and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any ublished Phoenix description of or advertisement except to the extent Phoenix has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of Phoenix’s management.


Limitation of Liability
Phoenix will not be liable or responsible in any way for any User Content posted on or linked from an Phoenix Website, including, but not limited to, any errors or omissions in Content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any Content or
other material accessed on or through any Phoenix Website and made available by a third party.


THE FOLLOWING APPLIES IF YOU ACCESS AN PHOENIX WEBSITE FROM OUTSIDE THE EUROPEAN UNION:
To the extent allowable by applicable law, Phoenix and its affiliates, subsidiaries, officers, employees, agents, partners, and licensors are not liable to 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 Phoenix 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 an Phoenix Website, Phoenix Software, or Phoenix Materials; (ii) the cost of procurement of substitute goods and services arising out of your use or inability to use any Phoenix Software, Phoenix Materials or services purchased or obtained during transactions conducted on an Phoenix Website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements, messages, or conduct of any third party on an sap website; or (v) any other matter relating to an Phoenix Website or Phoenix Materials. notwithstanding anything to the contrary herein, these limitations shall not apply in case of intent or gross negligence by Phoenix and in case of Phoenix’s statutory liability for personal injury and defective products.


THE FOLLOWING APPLIES IF YOU ACCESS AN PHOENIX WEBSITE FROM WITHIN THE EUROPEAN UNION:
Irrespective of the legal reasons, Phoenix and Phoenix’s affiliates and subsidiaries shall only be liable in the cases set out below:
· any mandatory liability under applicable product liability laws; · gross negligence and willful misconduct; · personal injury or death resulting from Phoenix’s or its affiliates’ or subsidiaries negligence or willful misconduct; · slight negligent breach of a significant contractual obligation (an obligation whose completion allows for a proper performance of this tou and in whose compliance with you can generally trust). in this case, Phoenix’s or its affiliates’ or subsidiaries’ liability shall be limited to such damages which are typical for this type of agreement and predictable at the point in time of these to entering into force. In all other cases, neither Phoenix nor its affiliates, subsidiaries, employees, agents and subcontractors shall be liable for any kind of damages or claims hereunder.

Applicable Law


THE FOLLOWING APPLIES IF YOU ACCESS AN PHOENIX WEBSITE FROM OUTSIDE THE EUROPEAN UNION:
Florida law will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all applicable export control laws as set forth under the ‘EXPORT CONTROL’ Section below which 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.


THE FOLLOWING APPLIES IF YOU ACCESS AN PHOENIX WEBSITE FROM WITHIN THE EUROPEAN UNION:
The laws of the USA will govern this TOU without giving effect to any principles of conflicts of laws. To the extent possible under applicable law, venue for all disputes in connection with this TOU shall be Florida, USA.


Survival
Your confidentiality obligations hereunder shall survive termination of Your account. Upon any termination of Your account, or Phoenix’s written request, You must cease use of Confidential Information, and/or Phoenix Websites, and return or destroy all Confidential Information in Your
possession or control.


Waiver and Severability
The failure of Phoenix to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be invalid or unenforceable, such provision shall 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 shall not be affected thereby.


Entire Agreement
The TOU represents the entire arrangement between the Parties in respect of its subject matter and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to its subject matter. No collateral agreements have been made.


Export Control
Phoenix Websites may not be accessed or used by any national or certain countries or groups against which the United States and/or European Union have instituted sanctions (including Iran, Cuba, North Korea, Syria, Sudan and Zimbabwe), Specially Designated Nationals, and other
proscribed persons who are listed on the Denied Parties list. Further restrictions apply to any end user who will utilize Content provided on an Phoenix Website in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles,
and sounding rockets, or unmanned air vehicle systems; or any end user who has been prohibited from participating in the US and/or EU export transactions by any agency of the US government or European Union.
Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use an Phoenix Website, Your access of an Phoenix Website, including the presentment of any authorized user ID and password, constitutes Your express representation that (1) the person attempting access thereunder is not a national of any such sanctioned country or group or a Specially Designated National, and (2) is not included on such Denied Parties list, 3) has not been prohibited from participating in US and/or EU export
transactions; 4) such use is not restricted, and (5) that, as an Authorized User, You have not disclosed or provided such password and user ID to any such person for use under Your registration. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph.


THE FOLLOWING APPLIES IF YOU ACCESS A PHOENIX WEBSITE FROM OUTSIDE THE UNITED STATES AND EUROPEAN UNION:
You are doing so at Your own risk, and You remain fully responsible and liable for familiarity and compliance with these Terms of Use as well as with the laws, regulations, directives, codes, and rules of the United States, European Union, and the country within which you reside, including applicable import and export compliance laws and regulations, as well those of the jurisdiction from which You are accessing an Phoenix Website, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on an Phoenix Website.


THE FOLLOWING APPLIES IF YOU ACCESS A PHOENIX WEBSITE FROM WITHIN THE UNITED STATES:
You agree that Your use of a Phoenix Website, or any Content will be in compliance with U.S. export control laws and executive orders. The information provided on and through a Phoenix Website may be deemed in some cases to be controlled technology and subject to the export
control restrictions of the United States and other jurisdictions.

It is your obligation to verify and comply with all applicable laws and regulations of the United States and of the country from which you are accessing a Phoenix Website


Appendix A
Your information, privacy, and data protection
Where Phoenix through the Phoenix Store temporarily collect and utilize Your credit card or other personal information provided by You for the purposes of processing a license, rental or purchase contract for Phoenix products or products of Partners, collection and processing of such
personal information will be treated in compliance with Phoenix’s Privacy Statement, and other applicable legislation. You agree that Phoenix may access, preserve and disclose Your account information and/or Content if required to do so by law or to:

  1. comply with a legal process;
  2. respond to claims that any Content violates the rights of third parties or
  3. protect the rights, property or personal safety of Phoenix, Users, and the public or enable the Phoenix Store to process business transactions (purchase/licensing of products) between You and an Partner.
    You explicitly agree that such information is provided to the respective Partner for the purposes of delivery/distribution and licensing of such partner products.
    In addition, and in accordance with the use of information described in the Phoenix Privacy Statement, by registering to the Phoenix Store, you agree to set e-mail address as your default method of communication with the Phoenix Store and selected Partners providers if you choose
    to obtain Partners services available through the Phoenix Store.
    You agree to comply with the terms of the Phoenix Privacy Statement, which can be found below or by clicking on privacy at the bottom of each web page comprising the Phoenix Store.
    Permissible use of the Phoenix Store
    You agree not to access or utilize the Services or access the Phoenix Store for purposes that are inconsistent with Phoenix’s legitimate business interests. In particular, You are permitted to use the Services and the Phoenix Store only in strict compliance with the terms of this TOU to a)
    obtain information (so long as that information is not being gathered for a use in any manner which is or could be detrimental to Phoenix (unless such use is otherwise protected by law)), and/or b) to provide feedback or other constructive comments to Phoenix (both positive and
    negative) and/or c) buy and/or license Phoenix products and third party products through the Phoenix Store.
    Marketplace functionality
    Phoenix provides Phoenix Add-on and Enhancements in the SAP Store to SAP and Phoenix customers and prospects. Furthermore, the SAP Store serves as a marketplace for Phoenix products which Phoenix offers to existing Phoenix customers. SAP does not become party to an
    agreement between You and Phoenix, but only provides the SAP Store as a service/infrastructure provider. SAP does not interfere with the contractual relationship between You and an Phoenix in case of conflicts. You agree to solve any conflicts or issues with Phoenix only with Phoenix. Where You license/buy a product of Phoenix for or on behalf of Your Company, the SAP Store infrastructure will inform the respective Phoenix of the transaction. You will receive an automatic notification of an opportunity for your offering and information about deployment/availability of the purchased/licensed product. All invoicing/billing for any products offered by Phoenix will be performed by Phoenix. You explicitly agree that Phoenix may use Your Company’s master data to facilitate purchase/licensing of products offered by Partners. Such data will be used in the electronic contracting process offered by the SAP Store. Licensing/purchasing of Phoenix products through the SAP Store is subject to Additional Legal Terms which include but are not limited regulations on delivery, invoicing, billing etc. SAP or an SAP group company only becomes party to a contract with You where SAP sells/licenses Phoenix products itself.
    Applicable law for Phoenix Store
    The SAP Store is created and controlled by SAP SE 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.
    Cross-border clause
    FOR CUSTOMERS FROM INDIA:
    Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by Phoenix Business, Inc., depending on the type of payment method used for the purchase of the goods and/or services. In the event you choose to pay with credit card and the payment will be processed via a United States Acquirer, these terms are an agreement between you and Phoenix Business, Inc.
    FOR CUSTOMERS FROM ALL COUNTRIES OUTSIDE INDIA:
    No cross-border clause applies.
    Merchant of Record
    The respective Merchant of Record is identified during the check-out in the Phoenix Store and on the invoice provided to you following the purchase. For your reference, please find below a list of Phoenix Merchant of Records which you contract with based on your country. For
    purchases of partner products, the seller information is also provided on the Product Page in the “Details” section. In order to contact the seller, please use the “Contact Us” button on the Product Page or create a Support Request.