SAP Service Description for Managed Services(HEC AMS) ENGLISH v.1-2015 8
4.2.3. SYSTEM ACCESS LOCATION.
Access to the Subscription Software will be provided by SAP to Customer at the SAP Data Center as described in Exhibit 4
to the applicable Order Form. Customer acknowledges that the primary location from which Customer will access the
Subscription Software ("Primary Access Location") and Customer’s failure to provide SAP with its VAT number may have
sales tax implications. If Customer does not provide a Primary Access Location, SAP will incorporate a default Primary
Access Location to Customer’s sold-to address. Customer has provided the Primary Access Location as agreed in the Order
Form,
4.3. HEC Services in General
This section 4.3 is applicable to all HEC Services. To the extent that the Computing Environment provided by SAP includes Microsoft
software products (as specified in section “System setup” in the Order Form), the Customer must ensure the compliance with the following
conditions in relationship to such Microsoft software products:
a. Customer may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on the
Microsoft software products or that appear during use of the Microsoft software products;
b. Customer may not reverse engineer, decompile, or disassemble the Microsoft software products, except and only to the extent that
applicable law, notwithstanding this limitation expressly permits such activity;
c. any warranties, liability for damages and remedies, if any, are provided solely by SAP and not by Microsoft or its affiliates or
subsidiary;
d. any product support for the Microsoft software products included in the Computing Environment is provided to Customer by SAP
and is not provided by Microsoft or its affiliates or subsidiaries;
e. all title and intellectual property rights in and to the Microsoft software products are owned by Microsoft or its suppliers. Microsoft
software products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and
treaties. Customer’s possession, access, or use of the Microsoft software products does not transfer any ownership of the Microsoft
software products or any intellectual property rights to Customer;
f. SAP may disclose Customer’s information regarding the use of Microsoft software products to Microsoft or Microsoft affiliates or
subsidiaries in case of audits;
g. Customer acknowledges that the Microsoft software products are not fault-tolerant and is not guaranteed to be error free or to
operate uninterrupted and shall not be used in any application or situation where such Microsoft software products failure could lead
to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). Examples of High
Risk Use include: aircraft or other modes of human mass transportation, control of nuclear or chemical facilities, life support systems,
implantable medical equipment, motor vehicles, or weaponry systems. High Risk Use does not include utilization of Microsoft
software products for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-
control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage.
5. Customer Responsibilities and Obligations regarding HEC Services
5.1. Customer is and shall remain responsible for entering its Customer Data into the Computing Environment and for the maintenance
of the Customer Data supplied by it. Customer hereby represents, and has made reasonable commercial efforts to ensure, that
the Customer Data and the Hosted Software is free of all viruses, Trojan horses, and comparable elements which could harm the
computer systems or software used by SAP or its subcontractors to provide the HEC Service. Customer agrees that it has collected
and shall maintain and handle all Customer Data in compliance with all applicable laws, including without limitation such laws, rules
and regulations regarding data privacy and protection and export/ import compliance.
5.2. Customer will change all passwords used to access the HEC Service at regular intervals, no less frequently than once every six
(6) months). If Customer learns of an unauthorized third party having obtained knowledge of a password, Customer will inform SAP
thereof without undue delay and promptly change the password.
5.3. Customer is responsible for the connection to the HEC Service, including the internet connection to the Point of Demarcation. In
no case shall SAP’s responsibility for any services extend beyond the Point of Demarcation.
5.4. SAP’s provision of the HEC Service is subject to Customer fulfilling its responsibi lities described in the HEC Roles and
Responsibilities document (Exhibit A). Customer agrees to execute prompt performance of such responsibilities and provide the
employees and resources required for the project phases in sufficient measure. As part of the HEC Service, SAP will install the
Hosted Software in the Computing Environment, setup and configure relevant hardware and software monitoring agents for the
Computing Environment and the Hosted Software, and introduce Customer to SAP’s support and communications procedures.
Customer agrees to provide the following:
Customer’s policy and procedures regarding the authorization of access to the Computing Environment. Customer agrees to
inform SAP of any changes to such policy and procedures as soon as practicable without delay.
A service user (“S-User”) ID in the Computing Environment with the authorizations defined below. This S-User ID, which
is (initially) assigned to Customer by SAP in support of the License Agreement and which Customer uses to log on to SAP’s
Service Marketplace for software download and support is required by SAP’s HEC resources in order to permit SAP HEC
resources to also log on and perform software download tasks necessary to obtain the software for set-up of the Computing
Environment. Required authorizations include:
o Sending and/or creating and / or confirming and / or re-opening Customer messages