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- " AWS Service Terms Last Updated: February 4, 2019 <p>The following Service Terms
apply only to the specific Services to which the Service Terms relate.\nIn the event
of a conflict between the terms of these Service Terms and the terms of the AWS
Customer Agreement or other agreement with us governing your use of our Services
(the <b>“Agreement”</b>), the terms and conditions of these Service Terms apply,
but only to the extent of such conflict.\nCapitalized terms used herein but not
defined herein shall have the meanings set forth in the Agreement.<br>\n</p> 1.\nUniversal
Service Terms (Applicable to All Services) <p>\n<b>1.1.\n</b>You may only use the
Services to store, retrieve, query, serve, and execute Your Content that is owned,
licensed or lawfully obtained by you.\nAs used in these Service Terms, (a) “Your
Content” includes any “Company Content” and any “Customer Content” and (b) “AWS
Content” includes “Amazon Properties”.\nAs part of the Services, you may be allowed
to use certain software (including related documentation) provided by us or third
party licensors.\nThis software is neither sold nor distributed to you and you may
use it solely as part of the Services.\nYou may not transfer it outside the Services
without specific authorization to do so.</p>\n<p>\n<b>1.2.</b> You must comply with
the current technical documentation applicable to the Services (including the applicable
developer guides) as posted by us and updated by us from time to time on the AWS
Site.\nIn addition, if you create technology that works with a Service, you must
comply with the current technical documentation applicable to that Service (including
the applicable developer guides) as posted by us and updated by us from time to
time on the AWS Site.</p>\n<p>\n<b>1.3.</b> You will provide information or other
materials related to Your Content (including copies of any client-side applications)
as reasonably requested by us to verify your compliance with the Agreement.\nWe
may monitor the external interfaces (e.g., ports) of Your Content to verify your
compliance with the Agreement.\nYou will not block or interfere with our monitoring,
but you may use encryption technology or firewalls to help keep Your Content confidential.\nYou
will reasonably cooperate with us to identify the source of any problem with the
Services that we reasonably believe may be attributable to Your Content or any end
user materials that you control.</p>\n<p>\n<b>1.4.\n</b>If we reasonably believe
any of Your Content violates the law, infringes or misappropriates the rights of
any third party or otherwise violates a material term of the Agreement (including
the documentation, the Service Terms, or the Acceptable Use Policy) (“Prohibited
Content”), we will notify you of the Prohibited Content and may request that such
content be removed from the Services or access to it be disabled.\nIf you do not
remove or disable access to the Prohibited Content within 2 business days of our
notice, we may remove or disable access to the Prohibited Content or suspend the
Services to the extent we are not able to remove or disable access to the Prohibited
Content.\nNotwithstanding the foregoing, we may remove or disable access to any
Prohibited Content without prior notice in connection with illegal content, where
the content may disrupt or threaten the Services, pursuant to the Digital Millennium
Copyright Act or as required to comply with law or any judicial, regulatory or other
governmental order or request.\nIn the event that we remove content without prior
notice, we will provide prompt notice to you unless prohibited by law.</p>\n<p>\n<b>1.5.\n</b>From
time to time, we may offer free or discounted pricing programs covering certain
usage of the Services (each, a “Special Pricing Program”).\nWe may stop accepting
new sign-ups or discontinue a Special Pricing Program at any time.\nStandard charges
will apply after a Special Pricing Program ends or if you exceed the limitations
by the Special Pricing Program.\nYou must comply with any additional terms, restrictions,
or limitations (e.g., limitations on the total amount of usage) for the Special
Pricing Program as described in the offer terms for the Special Pricing Program
or on the pricing page for the eligible Service(s).\nYou may not access or use the
Services in a way intended to avoid any additional terms, restrictions, or limitations
(e.g., establishing multiple AWS accounts in order to receive additional benefits
under a Special Pricing Program), and we may immediately terminate your account
if you do so.\nAny data stored or instances provided as part of a Special Pricing
Program must be actively used.</p>\n<p>\n<b>1.6.</b> If we make multiple discounts
or pricing options for a Service available to you at one time, you will only be
eligible to receive one discount or pricing option, and will not be entitled to
cumulative discounting and pricing options.</p>\n<p>\n<b>1.7.</b> You will ensure
that all information you provide to us via the AWS Site (for instance, information
provided in connection with your registration for the Services, requests for increased
usage limits, etc.) is accurate, complete and not misleading.<br> 1.8.\nFrom time
to time, we may apply upgrades, patches, bug fixes or other maintenance to the Service
Offerings (“Maintenance”).\nWe agree to use reasonable efforts to provide you with
prior notice of any scheduled Maintenance (except for emergency Maintenance) and
you agree to use reasonable efforts to comply with any Maintenance requirements
that we notify you about.</p>\n<p>\n<b>1.9.</b> If your Agreement does not include
a provision on AWS Confidential Information, and you and AWS do not have an effective
non-disclosure agreement in place, then you agree that you will not disclose AWS
Confidential Information (as defined in the AWS Customer Agreement), except as required
by law.</p>\n<p>\n<b>1.10.\n</b>Beta Service Participation</p>\n<p>\n<b>1.10.1.\n</b>This
Section describes the additional terms and conditions under which you may access
and use certain features, technologies and services made available to you by AWS
that are not yet generally available, including, but not limited to, any products,
services, or features labeled “beta”, “preview”, “pre-release”, or “experimental”
(each, a “Beta Service”) or access and use Service Offerings available in AWS regions
that are not generally available, including, but not limited to, any AWS regions
identified by AWS as “beta”, “preview”, “pre-release”, or “experimental” (each,
a “Beta Region”).\nIn the event there is a conflict between the terms of this Section
1.10 and an existing AWS Beta Test Participation Agreement between you and AWS,
the terms of the existing AWS Beta Test Participation Agreement will take precedence.</p>\n<p>\n<b>1.10.2.\n</b>During
the term of the applicable Beta Service or Beta Region (as specified by AWS), you
may: (a) access and use the Beta Service or Service Offerings in any Beta Region
solely for internal evaluation purposes.\nand (b) install, copy, and use any related
AWS Content that may be provided to you by AWS in connection with the Beta Service
or Service Offerings in any Beta Region (“Beta Materials”) solely as necessary to
access and use the Beta Service or Service Offerings in any Beta Region in the manner
permitted by this Section.</p>\n<p>\n<b>1.10.3.\n</b>You agree not to allow access
to or use of any Beta Service, Service Offerings in any Beta Region or Beta Materials
by any third party other than your employees and contractors who (i) have a need
to use or access the Beta Service, Service Offerings in the Beta Region or Beta
Materials in connection with your internal evaluation activities, and (ii) have
executed written non-disclosure agreements obligating them to protect the confidentiality
of non-public information regarding the Beta Service, Beta Region and Beta Materials.</p>\n<p>\n<b>1.10.4.\n</b>You
must comply with all policies and guidelines related to any Beta Service or Beta
Region as posted on the AWS Site or otherwise made available to you, including the
Privacy Policy, Acceptable Use Policy, the Service Terms, and any additional terms
and conditions for a specific Beta Service or Beta Region.\nAWS may add or modify
restrictions, including lowering or raising any usage limits, related to access
to or use of any Beta Service, Service Offerings in any Beta Region or Beta Materials
at any time.\nIf requested by AWS, you will promptly increase or decrease your usage
of the applicable Beta Service, Service Offerings in a Beta Region or Beta Materials
to the levels that AWS may specify.\nService Level Agreements do not apply to Beta
Services or any Services Offerings in Beta Regions.</p>\n<p>\n<b>1.10.5.\n</b>AWS
may suspend or terminate your access to or use of any Beta Service or Service Offerings
in any Beta Region at any time and for any reason.\nAWS may at any time cease providing
any or all of any Beta Service or any Service Offering in a Beta Region in its sole
discretion and without notice.\nBeta Services and Services Offerings in Beta Regions
also may be unavailable and/or their performance may be negatively affected by scheduled
and unscheduled maintenance.\nAWS will use reasonable efforts to notify you in advance
of scheduled maintenance, but AWS is unable to provide advance notice of unscheduled
or emergency maintenance.</p>\n<p>\n<b>1.10.6.</b> In consideration of being allowed
to access and use a Beta Service or Service Offering in a Beta Region, you agree
to provide AWS with information relating to your access, use, testing, or evaluation
of the Beta Service, Service Offerings in the Beta Region or any related Beta Materials,
including observations or information regarding the performance, features and functionality
of the Beta Service or any related Beta Materials as applicable, when and in the
form reasonably requested by AWS (“Test Observations”).\nAWS will own and may use
and evaluate all Test Observations for its own purposes.\nYou will not use any Test
Observations except for your internal evaluation purposes of the Beta Service or
Beta Region.</p>\n<p>\n<b>1.10.7.\n</b>Each individual Beta Service and Service
Offering in a Beta Region will automatically terminate upon the release of a generally
available version of the applicable Beta Service or Service Offering in a Beta Region
or upon notice of termination by AWS.\nNotwithstanding anything to the contrary
in the Agreement or these Services Terms, either you or AWS may terminate your participation
in a Beta Service or Service Offering in a Beta Region at any time for any reason
upon notice to the other party.\nNotwithstanding anything to the contrary in the
Agreement, after the conclusion of your participation in a Beta Service or Service
Offering in a Beta Region for any reason, (a) you will not have any further right
to access or use the applicable Beta Service or Service Offering in the Beta Region
and Beta Materials.\n(b) your Content used in the applicable Beta Service or Service
Offering in the Beta Region may be deleted or inaccessible.\nand (c) you will immediately
return or, if instructed by AWS, destroy all Beta Materials or any other AWS Confidential
Information related to the applicable Beta Service, Service Offering in any Beta
Region or Beta Materials.\nIf AWS releases a generally available version of a Beta
Service or a Service Offering in a Beta Region, your access to and use of the generally
available version will be subject to the Agreement and any separate Section of these
Service Terms as may be specified for that generally available Service Offering.\nIf
any Beta Region becomes generally available, your access to and use of Service Offerings
in the generally available AWS region will be subject to the terms and conditions
applicable to that AWS region.\nAWS does not guarantee that any Beta Service or
Service Offering in any Beta Region will ever be made generally available, or that
any generally available version will contain the same or similar functionality as
the version made available by AWS during the term of the Beta Service or Beta Region,
as applicable.\nAWS does not guarantee that any Beta Region will become generally
available.</p>\n<p>\n<b>1.10.8.\n</b>Beta Materials, Test Observations, Suggestions
concerning a Beta Service or Beta Region, or any other information about or involving
(including the existence of) any Beta Service or Beta Region are considered AWS
Confidential Information.\nYou will not disclose (including, but not limited to,
in a press release or public statement) any Beta Materials, Test Observations, Suggestions
concerning a Beta Service, or any other information about or involving (including
the existence of) any Beta Service, except as agreed by AWS in writing.</p>\n<p>\n<b>1.10.9.\n</b>ADDITIONAL
WARRANTY DISCLAIMERS.\nWITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT OR THE
SERVICE TERMS, THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS, BETA REGIONS
AND BETA MATERIALS ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN
BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS.\nACCORDINGLY, AND NOTWITHSTANDING ANYTHING
TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, AWS IS PROVIDING THE BETA
SERVICES, SERVICE OFFERINGS IN BETA REGIONS AND BETA MATERIALS TO YOU “AS IS.” AWS
AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE BETA SERVICES, SERVICE
OFFERINGS IN BETA REGIONS, BETA REGIONS AND BETA MATERIALS, INCLUDING ANY WARRANTY
THAT THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS, BETA REGIONS AND BETA
MATERIALS WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT
ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.\nEXCEPT
TO THE EXTENT PROHIBITED BY LAW, AWS AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL
WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY
WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.\nAWS’ AND ITS
AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY BETA SERVICES WILL BE LIMITED
TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE BETA SERVICES THAT
GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.</p>\n<p>\n<b>1.10.10.\n</b>Because
the Beta Services and Materials involve features, technologies and services that
are not yet generally available, you acknowledge that any violation of this Section
1.10 could cause irreparable harm to AWS for which monetary damages may be difficult
to ascertain or an inadequate remedy.\nYou therefore agree that AWS will have the
right, in addition to its other rights and remedies, to seek injunctive relief for
any violation of this Section 1.10.</p>\n<p>\n<b>1.11.\n</b>You may perform benchmarks
or comparative tests or evaluations (each, a “Benchmark”) of the Service Offerings.\nIf
you perform or disclose, or direct or permit any third party to perform or disclose,
any Benchmark of any of the Service Offerings, you (i) will include in any disclosure,
and will disclose to us, all information necessary to replicate such Benchmark,
and (ii) agree that we may perform and disclose the results of Benchmarks of your
products or services, irrespective of any restrictions on Benchmarks in the terms
governing your products or services.</p>\n<p>\n<b>1.12.\n</b>Only the applicable
AWS Contracting Party (as defined in the AWS Customer Agreement) will have obligations
with respect to each AWS account, and no other AWS Contracting Party has any obligation
with respect to such account.\nThe AWS Contracting Party for an account may change
as described in the Agreement.\nInvoices for each account will reflect the AWS Contracting
Party that is responsible for that account during the applicable billing period.</p>\n<p>If,
as of the time of a change of the AWS Contracting Party responsible for your account,
you have made an up-front payment for any EC2 Reserved Instances, Reserved DB Instances,
Reserved Cache Nodes, Amazon DynamoDB Reserved Capacity, or Reserved Nodes (each
as defined in these Service Terms for the applicable Service) under such account,
then the AWS Contracting Party you paid such up-front payment to will remain the
AWS Contracting Party for the applicable account only with respect to the Services
related to such up-front payment.</p>\n<p>\n<b>1.13.\n</b>If you are a customer
that is subject to the French Politique générale de sécurité des systems d’information
de santé (PGSSI-S), you agree that your use of AWS Offerings complies with the PGSSI-S.<br>\n</p>
2.\nAmazon CloudFront <p>\n<b>2.1.</b> You must own or have all necessary rights
to use any domain name or SSL certificate that you use in conjunction with Amazon
CloudFront.\nYou are solely responsible for the renewal, security and proper configuration
of any SSL certificates that you provide for use with Amazon CloudFront, including
any disclosure of your SSL certificates to third parties.</p>\n<p>\n<b>2.2.</b>
Amazon CloudFront requires you to store the original version of Your Content in
an origin server (such as Amazon S3).\nIf you use other Services to store the original
version of Your Content, you are responsible for the separate fees you accrue for
the other Services and for Amazon CloudFront.</p>\n<p>\n<b>2.3.</b> While you will
only be charged fees specified for the selected Price Class, Your Content you select
for delivery from edge locations in a Price Class may from time to time be served
from edge locations located outside the regions in that Price Class.</p>\n<p>\n<b>2.4.</b>
Amazon CloudFront’s Geo Restriction feature may utilize a third party geo-location
database, which may not be accurate in all situations.<br>\n</p> 3.\nAmazon Simple
Queue Service (Amazon SQS) <p>\n<b>3.1.</b> You may not knowingly create and maintain
inactive queues.\nWe may delete, without liability of any kind, any of Your Content
that sits in an Amazon SQS queue or any Amazon SQS queue that remains inactive for
more than the number of days specified in the user documentation.</p> 4.\nAmazon
Elastic Compute Cloud <p>\n<b>4.1.</b> In connection with your use of Amazon Elastic
Compute Cloud (including all instances and instance types, hosts and other resources,
dedicated, reserved or on-demand, collectively “Amazon EC2”) and the Services, you
are responsible for maintaining licenses and adhering to the license terms of any
software you run.</p>\n<p>\n<b>4.2.</b> Using Microsoft Software.\nIn conjunction
with the Services, you may be allowed to use certain software (including related
documentation) developed and owned by Microsoft Corporation or its licensors (collectively,
the “Microsoft Software”).</p>\n<p>\n<b>4.2.1.</b> If you choose to use the Microsoft
Software, Microsoft and its licensors require that you agree to these additional
terms and conditions:</p>\n<ul>\n<li>The Microsoft Software is neither sold nor
distributed to you and you may use it solely in conjunction with the Services.</li>\n<li>You
may not transfer or use the Microsoft Software outside the Services.</li>\n<li>You
may not remove, modify or obscure any copyright, trademark or other proprietary
rights notices that are contained in or on the Microsoft Software.</li>\n<li>You
may not reverse engineer, decompile or disassemble the Microsoft Software, except
to the extent expressly permitted by applicable law.</li>\n<li>Microsoft disclaims,
to the extent permitted by applicable law, all warranties by Microsoft and any liability
by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential,
arising from the Services.</li>\n<li>Microsoft is not responsible for providing
any support in connection with the Services.\nDo not contact Microsoft for support.</li>\n<li>You
are not granted any right to use the Microsoft Software in any application controlling
aircraft or other modes of human mass transportation, nuclear or chemical facilities,
life support systems, implantable medical equipment, motor vehicles, weaponry systems,
or any similar scenario (collectively,<b> “High Risk Use”</b>).\nMicrosoft and its
suppliers disclaim any express or implied warranty of fitness for High Risk Use.\nHigh
Risk Use does not include utilization of the Microsoft Software 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.\nThese non-controlling
applications may communicate with the applications that perform the control, but
must not be directly or indirectly responsible for the control function.</li>\n<li>Microsoft
is an intended third-party beneficiary of this Section 4.2.1, with the right to
enforce its provisions.</li>\n</ul>\n<p>\n<b>4.2.2.</b> For any instance running
Microsoft Software (each, a “Microsoft Instance”), you may not use nesting, container
or similar technologies to sell or resell multiple instances, portion(s) of an instance,
or containers running within the Microsoft Instance, unless (a) you are the ultimate
end user of the Microsoft Instance, (b) you have supplemented the Microsoft Instance
with your own applications, or (c) you have added primary and significant functionality
to the Microsoft Instance.</p>\n<p>\n<b>4.3.</b> Using Third Party Software.\nIn
conjunction with the Services, you may be allowed to use certain software (including
related support, maintenance, and documentation) developed, owned or provided by
third parties or their licensors.\nUse of third party software is subject to these
additional terms and conditions:</p>\n<ul>\n<li>By using NVIDIA Corporation’s GRID
Software, you agree to be bound by the terms and conditions of the NVIDIA GRID Cloud
End User License Agreement located at http://aws-nvidia-license-agreement.s3.amazonaws.com/NvidiaGridAWSUserLicenseAgreement.DOCX.</li>\n<li>By
using NVIDIA Corporation’s Tesla Driver, CUDA Toolkit, cuDNN, NVENC, NVCUVID, NVM:,
nvidia-smi, and NCCL Library Software, toolkits, and drivers, you agree to be bound
by the terms and conditions of the NVIDIA Cloud End User License Agreement located
at https://s3.amazonaws.com/EULA/Nvidia-EULA.txt and NVIDIA Third Party Materials
Notices located at https://s3.amazonaws.com/EULA/Nvidia-3P-Notice.txt.</li>\n<li>By
using Red Hat, Inc.’s software, you agree to be bound by the terms and conditions
of the Red Hat Cloud Software Subscription Agreement located at www.redhat.com/licenses/cloud_cssa/.\nRed
Hat also disclaims any (i) warranties with respect to Red Hat, Inc.\nsoftware.\nand
(ii) liability for any damages, whether direct, indirect, incidental, special, punitive
or consequential, and any loss of profits, revenue, data or data use, arising from
use of Red Hat, Inc.\nsoftware.</li>\n<li>By using SUSE LLC’s software, you agree
to be bound by the terms and conditions of the SUSE End User License Agreement located
at https://www.suse.com/licensing/eula and the SUSE Terms and Conditions located
at https://www.suse.com/products/terms_and_conditions.pdf.</li>\n</ul>\n<p>\n<b>4.4.</b>
Spot Instance Pricing.\nYou may request that certain Amazon EC2 instances run pursuant
to the Spot instance pricing and payment terms (“Spot Instance Pricing”) set forth
on the Amazon EC2 product detail page on the AWS Site (each requested instance,
a “Spot Instance”).\nYou must request Spot Instances through the AWS Management
Console or by using API tools (“Spot Instance Request”).\nAs part of your Spot Instance
Request, you may specify the maximum hourly price you are willing to pay to run
the requested Spot Instances (“Your Maximum Price”).\nUnless you specify a permissible
alternative termination date, your Spot Instance Request will remain active until
the earlier of the following: (1) seven (7) days have passed, (2) we fulfill it,
or (3) you cancel it.\nWe set the price for Spot Instances (the “Spot Price”), which
may vary over time based on a number of factors, including the amount of available
compute capacity we have available and the price you and other customers are willing
to pay for Spot Instances (e.g., supply and demand).\nWhile a requested Spot Instance
remains running, you will be charged the current Spot Price in effect at the beginning
of each instance hour.\nIf you have specified Your Maximum Price, then you will
not be charged more than Your Maximum Price.\nWe may terminate, stop, or hibernate
Spot Instances at any time and without any notice to you if we determine the current
Spot Price equals or exceeds Your Maximum Price (if specified) or for AWS capacity
requirements.\nIf we terminate, stop, or hibernate your Spot Instance, you will
be charged as described on the Amazon EC2 product detail page on the AWS Site.\nAWS
may allow you to purchase Spot Instances of a fixed duration (each, a “Spot Block”),
where the Spot Price for that Spot Instance (the “Block Price”) will remain constant
for the duration of the Spot Block, and you will be charged the Block Price for
the duration of your Spot Block.\nSpot Instances purchased as Spot Blocks run independently
of the Spot Price, and will not be terminated because the Spot Price equals or exceeds
Your Maximum Price (if specified).\nSpot Instances purchased as Spot Blocks may
still be terminated for AWS capacity requirements and will terminate at the conclusion
of the fixed duration.\nIf a Spot Instance purchased as a Spot Block is terminated
due to AWS capacity requirements, you will not be charged for that Spot Instance.\nUnless
you designate your Spot Instance Request as a persistent request, terminated, stopped
or hibernated Spot Instances may not automatically restart.\nYou should save your
work frequently and test your application to ensure it is fault tolerant and will
correctly handle interruptions.\nWe have no liability whatsoever for any damages,
liabilities, losses (including any corruption, deletion, or destruction or loss
of data, applications or profits), or any other consequences resulting from our
termination, stoppage, or hibernation of any Spot Instance.\nSpot Instances may
not be used with certain Services, features and third-party software we specify,
including Amazon DevPay, IBM software packages, or Microsoft SQL Server.\nYou may
not, directly, indirectly, alone or in cooperation with any third party, attempt
to control, influence or manipulate the price for Spot Instances.\nWithout limiting
the foregoing, you may not submit requests for Spot Instances through any third
party (e.g., “proxy bidding”) or share information with any third party regarding
the maximum prices specified in your Spot Instance Requests.\nWe may modify or terminate
the Spot Instance Pricing program at any time.\nIn addition to the Spot Instance
Pricing, Spot Instances are subject to all data transfer and other usage fees applicable
under the Agreement.</p>\n<p>\n<b>4.5.</b> EC2 Reserved Instance Pricing.\nYou may
designate Amazon EC2 instances as subject to the reserved pricing and payment terms
(<b>“EC2 Reserved Instance Pricing”</b>) set forth on the Amazon EC2 detail page
on the AWS Site (each designated instance, an <b>“EC2 Reserved Instance”</b>).\nScheduled
EC2 Reserved Instances (<b>“Scheduled Instances”</b>) will terminate upon completion
of the scheduled reservation.\nYou may designate instances as EC2 Reserved Instances
by calling to the Purchasing API or selecting the EC2 Reserved Instance option in
the AWS console.\nThe EC2 Reserved Instances may only be used in the applicable
AWS region.\nWe may change EC2 Reserved Instance Pricing at any time but price changes
will not apply to previously designated EC2 Reserved Instances, except as described
in this Section 4.5.\nIf Microsoft increases the license fees it charges for Windows,
or if Red Hat increases the license fees it charges for Red Hat Enterprise Linux
(<b>“RHEL”</b>), we may make a corresponding increase to the per-hour usage rate
(or institute a corresponding per-hour usage rate) for EC2 Reserved Instances with
Windows or RHEL.\nAny increase in (or institution of) the per-hour usage rate for
EC2 Reserved Instances with Windows will be made between December 1 and January
31, and we will provide 30 days’ notice.\nFor any increase in (or institution of)
the per-hour usage rate for EC2 Reserved Instances with RHEL we will provide 30
days’ notice.\nIf this happens, you may: (a) continue to use your EC2 Reserved Instances
with Windows or RHEL with the new per-hour usage price.\n(b) convert your EC2 Reserved
Instances with Windows or RHEL to comparable EC2 Reserved Instances with Linux.\nor
(c) terminate your EC2 Reserved Instances with Windows or RHEL and receive a pro
rata refund of the up-front fee you paid for the terminated EC2 Reserved Instances
with Windows or RHEL.\nWe may terminate the EC2 Reserved Instance Pricing program
at any time.\nEC2 Reserved Instances are nontransferable, except in accordance with
the requirements of the RI Marketplace, but Scheduled Instances and Convertible
Reserved Instances (as defined on Amazon EC2 detail page on the AWS Site) are not
eligible for the RI Marketplace.\nEC2 Reserved Instances are noncancellable and
you will owe the EC2 Reserved Instance Pricing for the duration of the term you
selected, even if the Agreement is terminated.\nAll amounts paid in connection with
the EC2 Reserved Instances are nonrefundable, except that if we terminate the Agreement
other than for cause, terminate an individual EC2 Reserved Instance type, or terminate
the EC2 Reserved Instance Pricing program, we will refund you a pro rata portion
of any up-front fee paid in connection with any previously designated EC2 Reserved
Instances.\nYou may not purchase EC2 Reserved Instances for the purpose of reselling
them in the RI Marketplace, and we reserve the right to refuse or cancel your purchase
if we suspect you are doing so.\nUpon expiration or termination of the term of EC2
Reserved Instances, the EC2 Reserved Instance pricing will expire and standard on-demand
usage prices will apply to the instances.\nIn addition to being subject to EC2 Reserved
Instance Pricing, EC2 Reserved Instances are subject to all data transfer and other
fees applicable under the Agreement.</p>\n<p>\n<b>4.6.\n</b>EC2 Reserved Instance
(RI) Marketplace.</p>\n<p>\n<b>4.6.1.</b> Eligibility.\nThe rights to an active
EC2 Reserved Instance can be offered for sale through the RI Marketplace as long
as (1) the remaining term on the Reserved Instance is greater than one month, and
(2) your payment of the upfront charge for it has been received and processed (for
credit card purchases, 30 days after you have paid the upfront fee, and for invoice
purchases, after you have paid the applicable invoice) (a <b>“Marketable EC2 Reserved
Instance”</b>).\nThe characteristics of the Marketable EC2 Reserved Instance (e.g.,
Instance Type, Platform, Region, Availability Zone, Tenancy, Hypervisor, Reserved
Instance Type, Duration, and Hourly Price) will remain as originally designated.\nThe
term for the Marketable EC2 Reserved Instance will be the remainder of the original
EC2 Reserved Instance term rounded down to the nearest month (for example, an EC2
Reserved Instance with 9 months and 16 days until expiration will be listed and
sold as a 9 month Marketable EC2 Reserved Instance).\nYou can be a “Seller” if you
are a current AWS customer in good standing, you have a Marketable EC2 Reserved
Instance associated with your AWS account, and you complete the registration process
through your AWS account.\nNon-U.S.-based entities may not be Sellers without providing
the Form W-8BEN (Certificate of Foreign Status of Beneficial Owner for United States
Tax Withholding) to establish that you are not a U.S.\nperson.\nYou can be a “Buyer”
if you are a current AWS customer in good standing.\nYou can resell an EC2 Reserved
Instance that you previously purchased through the RI Marketplace.\nYou may not
resell an EC2 Reserved Instance that you purchased through a discount program (Reserved
Instance Volume Discounts or otherwise) without obtaining our prior approval.</p>\n<p>\n<b>4.6.2.\n</b>Submitting
Marketable EC2 Reserved Instance for Sale.\nAs a Seller, you will set the one-time
price for your Marketable EC2 Reserved Instance.\nThe hourly price will be the then-current
hourly price for that type of EC2 Reserved Instance, and you will not receive any
funds collected from payments associated with the hourly prices.\nYou will pay the
then-current fee to us specified on the AWS Site when your Marketable EC2 Reserved
Instance is sold.\nYour Marketable EC2 Reserved Instance will be available for sale
after you list it in the RI Marketplace, but it will remain yours and you will be
able to use it until it is sold.\nYou may remove a listing of Marketable EC2 Reserved
Instance from the RI Marketplace at any time before it has been purchased by a Buyer.\nWe
may remove Marketable EC2 Reserved Instance from the RI Marketplace at any time
for any reason.\nOnce sold and transferred to a Buyer, a Seller will have no rights
to that Marketable EC2 Reserved Instance.</p>\n<p>\n<b>4.6.3.\n</b>Our Role.\nAs
a Seller, you will be the seller of record of your rights to a Marketable EC2 Reserved
Instance.\nExcept as expressly set forth in these Service Terms, we are not involved
in any underlying transaction between you and any Buyer.\nWe or our affiliates may
also participate in the market as a Seller or a Buyer.</p>\n<p>\n<b>4.6.4.\n</b>Processing
of Transactions.\nCollection of Transaction Proceeds.\nOn Seller’s behalf, we will
process all payments for Transactions and collect the applicable Transaction Proceeds.\n<b>“Transaction”</b>
means any sale of Marketable EC2 Reserved Instance through the RI Marketplace.\n<b>“Transaction
Proceeds”</b> means the gross sales proceeds received by us from any Transaction.\nYou
will ensure that all fees and charges payable by Buyers for Marketable EC2 Reserved
Instance are billed and collected through us and you will not offer or establish
any alternative means of payment.\nWe may impose transaction limits on some or all
Buyers and Sellers relating to the value of any Transaction or disbursement, the
cumulative value of all Transactions or disbursements during a period of time, or
the number of Transactions that we will process over a period of time.\nWe may withhold
for investigation, or refuse to process, any of your Transactions that we suspect
is fraudulent, unlawful or otherwise violates the terms of these Service Terms,
the Agreement, or our Acceptable Use Policy.\nFor each Transaction, we will not
remit Transaction Proceeds to a Seller, and the Marketable EC2 Reserved Instance
will be available to the Buyer, until after we have successfully processed payments
for that Transaction from the Buyer.</p>\n<p>\n<b>4.6.5.\n</b>Remittance of Transaction
Proceeds to Sellers.\nAt the end of each business day, we will pay to you all due
and payable Transaction Proceeds that we have collected as of the date that is 2
business days prior to the date of payment.\nWe will deduct from each payment any
applicable fees and charges due to us related to Marketable EC2 Reserved Instances.\nThe
applicable fees and charges are posted on the AWS Site and may be changed from time
to time.\nWe may withhold, deduct, or setoff any amounts payable by you to us or
our affiliates against any Transaction Proceeds.\nPayments will be made only to
an ACH-enabled bank account located in the United States that you register with
us.\nIf there is an error in the processing of any Transaction, you authorize us
to initiate debit or credit entries to your designated bank account, to correct
such error, provided that any such correction is made in accordance with applicable
laws and regulations.\nIf we are unable to debit your designated bank account for
any reason, you authorize us to resubmit the debit, plus any applicable fees, to
any other bank account or payment instrument that you have on file with us or to
deduct the debit and applicable fees from future Transaction Proceeds.</p>\n<p>\n<b>4.6.6.\n</b>Taxes.\nSellers
are responsible for the calculation, validation and payment of any and all sales,
use, excise, import, export, value added, withholding and other taxes and duties
assessed, incurred or required to be collected (“<b>Taxes</b>”) or paid for any
reason in connection with any Transaction and with Marketable EC2 Reserved Instance.\nWe
are not obliged to determine whether any Taxes apply to any Transaction, and we
are not responsible for remitting Taxes to any taxing authority with respect to
any Transaction, or for reporting any information (including the payment of Taxes)
with respect to any Transaction.\nEach Seller will indemnify us and our affiliates
against any claim or demand for payment of any Taxes imposed in connection with
any Transaction, and for any fines, penalties, or similar charges imposed as a result
of the Seller’s failure to collect, remit or report any Taxes in connection with
any Transaction.</p>\n<p>\n<b>4.6.7.\n</b>Data Collection and Sharing.\nFor each
Seller, we will collect the necessary data and tax forms to enable compliance with
applicable tax laws.\nFor example, for U.S.-based Sellers, we will collect and retain
Seller name and address, and may collect the tax identification number and other
data as needed to comply with Form 1099K reporting requirements.\nfor non-U.S.-based
Sellers, we will collect and retain a Form W-8BEN tax form (which includes name,
address, and a signature) as proof that you are exempt from Form 1099K reporting.\nFor
each Buyer, we will collect and retain the Buyer’s name and address.\nBuyers and
Sellers will not know the name of the other party to the Transaction until the Transaction
is completed.\nUpon completion of the Transaction, we will share the applicable
Buyer’s city, state, and zip with the Seller so that the Seller can calculate the
appropriate tax (if any) to remit to the appropriate government entity.\nWe will
share the Seller’s legal name on the Buyer’s invoice.\nBuyers and Sellers may not
use information about the Transaction or about the other party gained in connection
with a Transaction (“<b>Transaction Information</b>”) for any purpose that is not
related to the Transaction.\nFor example, you may not, directly or indirectly: (1)
disclose any Transaction Information to any third party, except as necessary for
you to perform your tax obligations or other obligations under these Service Terms
and only if you ensure that every recipient uses the information only for that purpose
and complies with these restrictions.\n(2) use any Transaction Information for any
marketing or promotional purposes whatsoever.\n(3) use any Transaction Information
in any way inconsistent with applicable law.\n(4) contact a party to influence them
to make an alternative sale or purchase.\n(5) disparage us, our affiliates or any
of their or our respective products.\nor (6) target communications of any kind on
the basis of the intended recipient being an RI Marketplace Buyer or Seller.</p>\n<p>\n<b>4.7</b>
You may only use the AWS Management Pack for System Center on computer equipment
owned or controlled by you for your internal business purposes, solely to access
Your Content used in connection with the Services.\nYour use of the AWS Management
Pack for System Center is governed by the license agreement, located here: AWS Management
Pack for System Center License Agreement.</p>\n<p>\n<b>4.8.</b> Dedicated Instances.\nYou
may request that certain Amazon EC2 instances run on physically isolated host hardware
dedicated to a single customer account (each requested instance, a <b>“Dedicated
Instance”</b>), using the process set forth on the Amazon EC2 Dedicated Instance
detail page on the AWS Site.</p>\n<p>\n<b>4.9.</b> Dedicated Hosts.</p>\n<p>\n<b>4.9.1.</b>
You may request that Amazon provide the Amazon EC2 service to you on host hardware
physically dedicated to a single customer account (each, a “Dedicated Host”), using
the process set forth on the AWS Site.</p>\n<p>\n<b>4.9.2.</b> You may designate
Amazon EC2 Dedicated Hosts as subject to the reservation pricing and payment terms
(“EC2 Dedicated Host Reservation Pricing”) set forth on the Amazon EC2 detail page
on the AWS Site (each such host associated with a reservation, an “EC2 Dedicated
Host Reservation”).\nYou may associate EC2 Dedicated Host Reservations to Dedicated
Hosts by calling APIs or using the EC2 Dedicated Host Reservation console.\nThe
EC2 Dedicated Host and associated EC2 Dedicated Host Reservation may only be used
in the designated availability zone.\nWe may change EC2 Dedicated Host Reservation
Pricing at any time but price changes will not apply to previously designated EC2
Dedicated Host Reservations, except as described in this Section 4.9.2.\nWe may
terminate the EC2 Dedicated Host Reservation Pricing program at any time.\nEC2 Dedicated
Host Reservations are nontransferable.\nEC2 Dedicated Host Reservations are noncancellable
and you will owe the EC2 Dedicated Host Reservation Pricing for the duration of
the term you selected, even if the Agreement is terminated.\nDedicated Hosts associated
to an active EC2 Dedicated Host Reservation cannot be unallocated from your account,
and you will continue to pay for the Dedicated Host while still associated with
the EC2 Dedicated Host Reservation.\nAll amounts paid in connection with the EC2
Dedicated Host Reservations are nonrefundable, except that if we terminate the Agreement
other than for cause, terminate an individual EC2 Dedicated Host type, or terminate
the EC2 Dedicated Host Reservation Pricing program, we will refund you a pro rata
portion of any up-front fee paid in connection with any previously designated EC2
Dedicated Host Reservation.\nUpon expiration or termination of the term of an EC2
Dedicated Host Reservation, the EC2 Dedicated Host Reservation Pricing will expire
and standard on-demand Dedicated Host prices will apply to the Dedicated Host.\nIn
addition to being subject to EC2 Dedicated Host Reservation Pricing, EC2 Dedicated
Host Reservations are subject to all data transfer and other fees applicable under
the Agreement.</p>\n<p>\n<b>4.10.</b> Microsoft BYOL Licensing.\nUnder this option,
Amazon EC2 enables you to provision Amazon EC2 instances using your Microsoft Software
and Microsoft Licenses (the “BYOL Program”).\nUnless otherwise specified in your
agreement(s) with Microsoft, you can use this benefit only if you comply with the
requirements here, and you (a) use Dedicated Instances or Dedicated Hosts.\n(b)
launch from Virtual Machines (VMs) sourced from software binaries provided by you.\nand
(c) run the instances within your designated AWS regions.</p>\n<p>You must be eligible
to use the BYOL Program for the applicable Microsoft software under your agreement(s)
with Microsoft.\nYou are solely responsible for obtaining all required licenses
and for complying with all applicable Microsoft licensing requirements, including
the Product Use Rights/Product Terms.\nFurther, you must have accepted Microsoft's
End User License Agreement (Microsoft EULA), and by using the Microsoft Software
under the BYOL Program, you agree to the Microsoft EULA.</p>\n<p>You agree that
you have determined that your use of the BYOL Program will comply with the applicable
Microsoft licensing requirements.\nUsage of the Services in violation of your agreement(s)
with Microsoft is not authorized or permitted.</p>\n<p>\n<b>4.11.</b> As part of
using Amazon EC2, you agree that your Amazon EC2 resources may be terminated or
replaced due to failure, retirement or other AWS requirement(s).\nWe have no liability
whatsoever for any damages, liabilities, losses (including any corruption, deletion,
or destruction or loss of data, applications or profits), or any other consequences
resulting from the foregoing.\nTHE USE OF AMAZON EC2 DOES NOT GRANT YOU, AND YOU
HEREBY WAIVE, ANY RIGHT OF PHYSICAL ACCESS TO, OR PHYSICAL POSSESSION OF, ANY AWS
SERVERS, EQUIPMENT, REAL OR PERSONAL PROPERTY, OR OTHER ASSETS.</p> 5.\nAlexa® Web
Services <p>\n<b>5.1.</b> You may use Alexa® Web Services to create or enhance applications
or websites, to create search websites or search services, to retrieve information
about websites, and to research or analyze data about the traffic and structure
of the web.</p>\n<p>\n<b>5.2.</b> You may not display data you receive via the Alexa®
Services that has been cached for more than 24 hours.</p>\n<p>\n<b>5.3.</b> You
may not resell or redistribute the Alexa® Web Services or data you access via the
Alexa® Web Services.</p>\n<p>\n<b>5.4.</b> You may use data you receive from the
Alexa® Web Services, such as web site traffic data, to enhance your application
or website, but may not use it in any application whose primary purpose is to display
the same or related data or whose primary purpose is to compete with www.alexa.com.</p>
6.\nAmazon Flexible Payments Service (Amazon FPS) <p>\n<b>6.1.</b> The terms in
this Section 6 apply only to Amazon FPS and use of Your Content with the web-based
payment service provided by Amazon Payments, Inc.\n(<b>“Amazon Payments”</b>) that
enables the processing of payment transactions initiated by third parties, and that
may include, without limitation, the processing and settlement of credit card transactions,
bank transfers, or the administration of prepaid or post-paid balances (the <b>“Payment
Service”</b>).</p>\n<p>\n<b>6.2.</b> You may:</p>\n<ul>\n<li>access and use Amazon
FPS to enable use of the Payment Service by users who have an appropriate Payment
Service account (each, an<b> “Amazon Payments User”</b>) via Your Content in accordance
with any applicable FPS Specifications (as defined below);</li>\n<li>install, copy,
and use the software development kit provided by us as part of Amazon FPS, including
the related development guides and technical documentation (collectively, the <b>“FPS
SDK”</b>), and access and use the online testing environment made available by us
(the<b> “FPS Sandbox”</b>), in each case as necessary to internally develop and
test Your Content for use with the Payment Service.\nand</li>\n<li>create, incorporate,
compile, and copy derivative works of the sample computer programming code provided
by us for development and testing of Your Content (the <b>“FPS Sample Code”</b>)
as part of Your Content for distribution in machine readable binary form or object
code form to Amazon Payments Users as necessary for them to use the Payment Service.\nUse
of FPS Sample Code is also subject to any additional license terms included with
the FPS Sample Code.\nSuch additional terms will control in the event of any inconsistency
or conflict with the Agreement.</li>\n</ul>\n<p>\n<b>6.3.\n</b>The FPS SDK, FPS
Sample Code, and FPS Specifications (as defined below) constitute Amazon Properties.\nExcept
as expressly authorized by this Section 6, you may not sublicense, loan, sell, assign,
lease, rent, transfer, act as a service bureau, distribute or grant rights to any
person or entity in Amazon FPS, the FPS SDK, the FPS Sandbox or the Payment Services.</p>\n<p>\n<b>6.4.\n</b>You
and Your Content will comply with any technical and operational specifications and
other documentation or policies provided or made available by us or Amazon Payments
with respect to Amazon FPS or the Payment Service respectively (the <b>“FPS Specifications”</b>).\nWe
reserve the right to update or modify the FPS Specifications at any time.\nPrior
to making Your Content generally available for commercial use, you will thoroughly
test Your Content to ensure that it operates properly with Amazon FPS, including
without limitation that it complies with the FPS Specifications.</p>\n<p>\n<b>6.5.</b>
We may review and test Your Content to confirm that it operates properly with Amazon
FPS and complies with the FPS Specifications, using review and test processes determined
in our sole discretion.\nYou agree to correct any material errors, defects or other
non-compliance of which you become aware, including from review and test results
provided by us.\nWe may make modifications, updates or upgrades to Amazon FPS, the
FPS SDK, or FPS Specifications.\nIn such event, you will test and, if necessary,
modify Your Content to ensure that it continues to operate properly with the then-current
version of Amazon FPS, the FPS SDK, and FPS Specifications.</p>\n<p>\n<b>6.6.</b>
You must establish and maintain a payments account with Amazon Payments to use Your
Content commercially with Amazon FPS and to access the Payment Service.\nYour use
of the Payment Service is subject to Amazon Payment’s policies, procedures, and
user agreements, and any breach of the foregoing will constitute a breach of the
Agreement.\nIn addition to the limitations described in the Agreement, any use of
the Amazon Payments logo and trademark is subject to the trademark usage guidelines
issued by Amazon Payments.</p>\n<p>\n<b>6.7.\n</b>You are responsible for (a) the
collection and payment of any and all sales, use, excise, import, export, value
added and other taxes and duties assessed, incurred or required to be collected
or paid for any reason in connection with any offer or sale of products or services
by you, including Your Content, and (b) any payment transaction that is initiated
using Your Content that is charged back or reversed (a <b>“Chargeback”</b>) to the
extent that such Chargeback is attributable to any error, act or omission of you
or Your Content and is not otherwise recovered by Amazon Payments from an Amazon
Payments User.\nYou will indemnify and reimburse Amazon Payments and its affiliates
against any claim or demand for payment of any such taxes or any Chargebacks.</p>\n<p>\n<b>6.8.</b>
You represent, warrant, and covenant that you will at all times:</p>\n<ul>\n<li>represent
the capabilities and features of the Payment Service consistent with our description
of such capabilities and features and avoid false, deceptive, misleading or unethical
practices that may be detrimental to us or Amazon Payments, the Payment Service,
Amazon Payments Users or other third parties;</li>\n<li>refrain from providing warranties
or disclaimers with respect to the Payment Service;</li>\n<li>promptly investigate
and report to us all complaints received by you with regard to Amazon FPS and the
Payment Service, and make every reasonable effort to maintain and promote good public
relations for us in the handling of any such complaints.\nand</li>\n<li>ensure that
the terms of any agreements between you and any Amazon Payments User are consistent
with the terms of the Agreement and these Service Terms.</li>\n</ul> 7.\nAmazon
DevPay Service (Amazon DevPay) <p>\n<b>7.1.</b> You may use Amazon DevPay to: (a)
sell to end users (<b>“DevPay Customers”</b>) use of Your Content that you develop
and make available with the Services (the <b>“Bundled Application”</b>), including
machine images that you develop.\n(b) establish accounts for DevPay Customers that
use the Bundled Application (<b>“DevPay Customer Accounts”</b>).\n(c) manage features
of DevPay Customer Accounts.\nand (d) receive payments from DevPay Customers for
purchasing Bundled Applications (your “DevPay Transactions”).</p>\n<p>\n<b>7.2.\n</b>You
will establish the pricing applicable to DevPay Customers for their use of any Bundled
Application.\nWe will only be responsible for collecting those fees that are fully
disclosed and properly configured within the DevPay Service.\nThe fees you charge
to DevPay Customers for your Bundled Applications through the DevPay Service (as
further described in Section 7.6 below) must constitute the full and complete fees
you charge DevPay Customers for such Bundled Applications.\nYou may not charge or
impose any additional or supplemental fees for Bundled Applications other than those
disclosed through the DevPay Service.\nWhile you are using the DevPay Service, you
shall not establish any alternative means of payment for such Bundled Applications.\nThe
foregoing does not limit your ability to charge and receive payments for goods and
services other than the Bundled Application sold through the DevPay Service.</p>\n<p>\n<b>7.3.</b>
You are responsible for designating all terms and conditions applicable to the use
of the Bundled Application.\nprovided that, use of the underlying Services are subject
to the terms of the Agreement which will control in the event of a conflict.\nWe
may require users to register an AWS account (including agreeing to the terms of
the Agreement) in order to use Amazon EC2 or other Services associated with the
Bundled Application.\nYou may not extend on behalf of us any written or oral warranty
or guarantee, or make any representation or claim, with respect to the Services
without our prior written consent.\nUpon termination of the Agreement for any reason,
all access by DevPay Customers with respect to your Bundled Applications may be
terminated by us.</p>\n<p>\n<b>7.4.</b> Payment Terms.</p>\n<p>a.\nProcessing of
DevPay Transactions.\nCollection of DevPay Transaction Proceeds.\nYou hereby appoint
us as your payment processing agent for the limited purpose of processing payments,
refunds, and adjustments for your DevPay Transactions, We will process all payments
refunds, and adjustments for DevPay Transactions and collect the applicable gross
sales proceeds received by us from any DevPay Transaction (“DevPay Transaction Proceeds”)
on your behalf.\nWe do not guarantee payment on behalf of any DevPay Customers.\nWe
may withhold for investigation, or refuse to process, any of your DevPay Transactions
that we suspect is fraudulent, unlawful or otherwise violates the terms of the Agreement
or these Service Terms.</p>\n<p>When a DevPay Customer concludes a DevPay Transaction,
you authorize us to commit the DevPay Customer’s payment less any applicable fees
or other amounts we may collect under these terms (“Net Transaction Proceeds”) to
you.\nYou agree that DevPay Customers satisfy their obligations to you for your
DevPay Transactions when we receive the DevPay Transaction Proceeds.\nWe will remit
Net Transaction Proceeds to you in accordance with the Agreement and these Service
Terms.</p>\n<p>b.\nRemittance of Net Transaction Proceeds to You.\nOnce a month,
we will pay to you all previously unpaid Net Transaction Proceeds that we have collected
as of the date that is 2 business days prior to the date of payment, except that
we may withhold payments to you until you have properly set up your bank account
in accordance with instructions you receive from us.\nWe will deduct from each Transaction
Proceed any processing fee described on the DevPay detail page on the AWS Site.\nWe
may also withhold, deduct, or setoff any amounts payable by you to us or our affiliates
against any DevPay Transaction Proceeds.\nAll payments to you will be sent through
the Automated Clearing House (ACH) system to your designated U.S.\nbank account.\nIf
there is an error in the processing of any DevPay Transaction, you authorize us
to initiate debit or credit entries to your designated bank account, to correct
such error, provided that any such correction is made in accordance with applicable
laws and regulations.\nIf we are unable to debit your designated bank account for
any reason, you authorize us to resubmit the debit, plus any applicable fees, to
any other bank account or payment instrument that you have on file with us or to
deduct the debit and applicable fees from future DevPay Transaction Proceeds.</p>\n<p>c.\nDevPay
Taxes.\nYou are responsible for the calculation, invoicing (if required), validation
and payment of any and all sales, use, excise, import, export, value-added, withholding
and other taxes and duties assessed, incurred or required to be collected (“DevPay
Taxes”) or paid for any reason in connection with any DevPay Transaction and with
your Bundled Applications.\nWe are not obliged to determine whether any DevPay Taxes
apply to any DevPay Transaction or your Bundled Applications, and we are not responsible
for remitting DevPay Taxes to any taxing authority with respect to any DevPay Transaction
or your Bundled Applications, or for reporting any information (including the payment
of DevPay Taxes) with respect to any DevPay Transaction or your Bundled Applications.\nNotwithstanding
the foregoing, when we are legally obligated by a valid taxing authority, we will
collect DevPay Taxes, and we will provide DevPay Customers with a compliant tax
invoice where we are required to do so.</p>\n<p>d.\nIf we are unable to collect
the DevPay Transaction Proceeds or a prior transaction for those DevPay Transaction
Proceeds is reversed, you will not be responsible for paying the fees for the Services
used by you and your DevPay Customer (“Service Fees”) and AWS will have no obligation
to remit or otherwise seek collection of the DevPay Transaction Proceeds, provided
that the payment failure is due to:</p>\n<ul>\n<li>AWS’s inability to charge a DevPay
Customer’s credit card for the DevPay Transaction Proceeds, or</li>\n<li>A transaction
is reversed as a result of a chargeback because the transaction was not authorized
or was otherwise fraudulent.</li>\n</ul>\n<p>In addition, in the applicable month,
the DevPay Transaction Proceeds charged must exceed the Service Fees.\nIn the event
of such a payment failure, we may recover or otherwise set off any DevPay Transaction
Proceeds from you that we collected in the month to the extent they do not exceed
the Service Fees.\nIn the event that either you or AWS is subsequently able to collect
the DevPay Transaction Proceeds, you will pay to AWS the corresponding Service Fees
as provided in the Agreement</p>\n<p>e.\nCancellations and Refunds.\nYou will post
your cancellation and refund policy in the Subscription Information, defined below,
for your Bundled Applications.\nAt a minimum, this cancellation and refund policy
must: (a) allow DevPay Customers who subscribe to your Bundled Applications through
a DevPay Transaction to cancel on-going subscriptions for your Bundled Applications
through the DevPay detail page on the AWS Site.\nand (b) comply with these Service
Terms.\nYou will accept and process cancellations of, and provide refunds and adjustments
for, your Bundled Applications in accordance with the cancellation and refund policy
posted at the time of the applicable DevPay Transaction.\nYou will route all DevPay
Transaction refund (and adjustment) payments through us.\nWe will credit the applicable
account, and you will reimburse us for all amounts so refunded.</p>\n<p>\n<b>7.5.</b>
Except as set forth in Section 7.4 above, you are fully liable for all charges incurred
for Services under your account identifiers or those assigned to your DevPay Customers
for your Bundled Applications.\nAll Services will be charged at the then current
price applicable to such Services under the Agreement.\nPayments will be processed
by AWS and are subject to the terms set forth in the Agreement and these Service
Terms, including your liability for chargebacks.</p>\n<p>\n<b>7.6.</b> We will host
and make available to DevPay Customers a customer interface (<b>“Customer UI”</b>)
permitting (a) the display to DevPay Customers of certain pricing, terms and conditions
and other information you provide to us regarding your Bundled Applications (<b>“Subscription
Information”</b>) and (b) DevPay Customers to engage in certain functions with respect
to your Bundled Applications, such as account establishment, account termination,
payment authorization and termination rights.\nWe will define and control the fields
and format for the Customer UI and for Subscription Information.\nWe retain all
rights to the Customer UI, including its look and feel, and you will not copy or
mimic the Customer UI in any manner.</p>\n<p>\n<b>7.7.</b> You are responsible for
ensuring and shall ensure that all Subscription Information (as you provide it to
us and as it is ultimately shown on the Customer UI) is: (a) full, accurate and
complete, (b) not misleading.\nand (c) in compliance, in all respects, with applicable
laws.\nYou must promptly update the Subscription Information when and as necessary
to ensure that the Subscription Information continues to comply with the foregoing
requirements, even if the updates are necessary as a result of changes we make to
the data input fields or to the Customer UI.</p>\n<p>\n<b>7.8.</b> You are responsible
for providing customer service (if any) to DevPay Customers for your Bundled Applications.\nWe
shall have no obligation to provide customer or technical support to any DevPay
Customer for Bundled Applications.\nprovided that, we will provide support to DevPay
Customers regarding billing and payment questions.</p>\n<p>\n<b>7.9.</b> You will
use the communication methods we establish through the DevPay Services for the administration
of DevPay Customer Accounts, including, but not limited to, any communications regarding
DevPay Customer Account termination or pricing changes.</p>\n<p>\n<b>7.10.\n</b>You
acknowledge and agree that we may take any of the corrective action regarding DevPay
Customer Accounts to the extent we deem necessary or appropriate, in our sole discretion,
to (a) comply with law, (b) enforce or apply the Agreement, and these Service Terms,
or other agreements or policies applicable to the Services or DevPay Service, or
(3) protect the rights, property or safety of our business, a DevPay Customer, or
any third party.\nCorrective action may include (i) suspending, canceling or closing
of DevPay Customer Accounts.\n(ii) re-establishment of DevPay Customer Accounts.\nand
(iii) waiving or refunding of fees on DevPay Customer Accounts.\nWe shall have no
liability to you for taking any such actions.\nYou shall promptly comply with any
actions we take or may require of you regarding DevPay Customer Accounts.\nThese
actions may include, without limitation, reimbursing us for DevPay Customer refunds
we issue, discontinuing provision of services on DevPay Customer Accounts we cancel,
and re-establishment of services on DevPay Customer Accounts we re-establish.\nShould
you ask us to close a DevPay Customer Account by using a method we have provided
for that purpose, we will endeavor to close the DevPay Customer Account reasonably
promptly, but we shall have no liability to you for the speed with which we do so
or for our failure to do so.\nYou shall indemnify and hold us and our employees,
officers, directors and representatives, harmless from and against any and all claims,
losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including
reasonable attorneys fees), arising out of or in connection with any claim based
on or related to any actions we may take with respect to any DevPay Customer Account
at your direction, including, without limitation, any closure of a DevPay Customer
Account.</p>\n<p>\n<b>7.11.</b> You acknowledge and agree that: (a) you have no
expectation and have received no assurances that your business relationship with
us will continue beyond the Term (or its earlier termination), that any investment
by you in the promotion of any Bundled Application will be recovered or recouped,
or that you will obtain any anticipated amount of profits.\nand (b) you will not
have or acquire by virtue of the DevPay Services or otherwise any vested, proprietary
or other right in the promotion of any Services or in any related goodwill created
by your efforts.</p> 8.\nAmazon SimpleDB Service (Amazon SimpleDB) <p>\n<b>8.1.</b>
If during the previous six (6) months you have incurred no fees for Amazon SimpleDB
and have registered no usage of Your Content stored in Amazon SimpleDB, we may delete,
without liability of any kind, Your Content that is stored in Simple DB upon thirty
(30) days prior notice to you.</p> 9.\nAmazon Fulfillment Web Service (Amazon FWS)
<p>\n<b>9.1.</b> You may only access and use Amazon FWS to query, access, transmit
and receive product and shipping information related to your use of the Fulfillment
by Amazon service (<b>“FBA Service”</b>) sold and provided by Amazon Services LLC
(<b>“Amazon Services”</b>) in accordance with any applicable FBA Specifications
(as defined below).</p>\n<p>\n<b>9.2.</b> To use Amazon FWS, you must have an Amazon
seller account (your <b>“Seller Account”</b>) that is in good standing and be registered
to use the FBA Service.\nYour use of the FBA Service and your Seller Account is
solely subject to Amazon Services’ policies, procedures, the Amazon Business Services
Agreement or other applicable user agreements.\nAmazon FWS is only a technical interface
that enables you to access and process certain information related to your Seller
Account.\nAWS will have no liability to you or any third party related to your Seller
Account.</p>\n<p>\n<b>9.3.</b> You may use Amazon FWS only to administer product
and shipping information associated with your Seller Account.\nWhen registering
for Amazon FWS, you must use the same username and password which is associated
with your Seller Account.\nYou may not develop or use an application to access Amazon
FWS that collects, processes or stores the account identifiers or other security
credentials (including usernames and passwords) of any third party associated with
AWS or any of its affiliates.</p>\n<p>\n<b>9.4.</b> You and Your Content will comply
with any technical and operational specifications, security protocols and other
documentation or policies provided or made available by us with respect to Amazon
FWS (the<b> “FBA Specifications”</b>).\nWe reserve the right to update or modify
the FBA Specifications at any time.\nPrior to making Your Content available for
commercial use, you will thoroughly test Your Content to ensure that it operates
properly with Amazon FWS, including, without limitation, that it complies with the
FBA Specifications.</p> 10.\nAmazon Elastic MapReduce <p>\n<b>10.1.\n</b>We may
collect certain information about computing jobs you run using Amazon Elastic MapReduce,
including CPU utilization, memory usage, IO performance, and error and information
messages.</p>\n<p>\n<b>10.2.</b> You are responsible for all fees incurred from
your use of Amazon Elastic MapReduce regardless of the results obtained, the quality
of the resulting data, or whether a computing job runs successfully.\nUse of Amazon
Elastic MapReduce requires use of Amazon EC2 and Amazon S3, and certain features
require use of Amazon SimpleDB.\nYou are responsible for the separate fees you accrue
for Amazon EC2, Amazon S3, and Amazon SimpleDB.</p>\n<p>\n<b>10.3.</b> You are solely
responsible for monitoring the status of your computing jobs.\nWe may throttle or
terminate computing jobs that we determine degrade the performance of Amazon Elastic
MapReduce, the Services, or any component of the Services.\nWe are not responsible
for any data loss or data corruption that occurs as part of your computing jobs.</p>
11.\nAmazon CloudWatch and Auto Scaling <p>\n<b>11.1.\n</b>Automatic scaling services,
including AWS Auto Scaling, Amazon EC2 Auto Scaling, and Application Auto Scaling
(collectively, “Auto Scaling Services”) require use of both Amazon CloudWatch and
other supported Services.</p>\n<p>\n<b>11.2.</b> In connection with Auto Scaling
Services, we may launch/add additional supported Services/capacity or terminate/remove
those Services/capacity based on conditions you set.\nYou are responsible for the
separate fees you accrue for such Services.\nYou are responsible for all fees incurred
from your use of Amazon CloudWatch and Auto Scaling Services regardless of the results
obtained or the quality or timeliness of the results.\nCharges for Amazon CloudWatch
will accrue as soon as you use begin using Amazon CloudWatch or Auto Scaling Services.</p>\n<p>\n<b>11.3.</b>
Amazon CloudWatch collects and stores certain information for the Services you are
monitoring, including CPU utilization, data transfer, and disk usage and activity.\nAmazon
CloudWatch metric data is made available to you for the applicable retention period
listed on the AWS Site.\nwe may delete CloudWatch metric data, without liability
of any kind, at any time after the applicable retention period.</p> 12.\nElastic
Load Balancing <p>\n<b>12.1.\n</b>You may only use Elastic Load Balancing to provide
load balancing functionality in connection with the Services.\nYou must have instances
running in all Availability Zones across which you want to balance loads with Elastic
Load Balancing.</p>\n<p>\n<b>12.2.\n</b>Use of Elastic Load Balancing requires use
of other Services.\nYou are responsible for the separate fees you accrue for the
Services.\nYou are responsible for all fees incurred from your use of Elastic Load
Balancing regardless of the results obtained or the quality or timeliness of the
results.\nCharges for Elastic Load Balancing will accrue as soon as you use begin
using Elastic Load Balancing functionality.</p> 13.\nAWS Import/Export Disk, AWS
Snowball, and AWS Snowmobile <p>\n<b>13.1.\n</b>As part of AWS Import/Export Disk,
you may send physical storage media (the “Media”) to us that we will use to either
(a) transfer data contained on the Media into supported AWS Services as Your Content,
or (b) transfer certain of Your Content to the Media (such data contained on Media
either before or after transfer, “Data”) and provide the Media to you.\nYou will
not deliver to us, and we may refuse to accept, any damaged, defective or unreadable
Media or any Media otherwise not shipped in accordance with the Agreement (collectively,
“Unsuitable Media”).\nWe may return or dispose of any Unsuitable Media, or erase
Data on such Unsuitable Media, and you will reimburse us for any expenses we incur
in connection with any Unsuitable Media.\nIf you request and we return Unsuitable
Media to you, you agree that we will select the shipping carrier and handling standards
for return of such Unsuitable Media in our sole discretion, and the carrier and
standards may not be the same as (and may cost more than) those we use for shipping
media in connection with AWS Import/Export generally.\nFor avoidance of doubt “Media”
includes “Unsuitable Media”.</p>\n<p>\n<b>13.2.</b> As part of AWS Snowball, we
will ship you an agreed upon number of “Snowball” hardware appliances (each an “Appliance”)
and provide you with access to the AWS Snowball Client (together with the software
contained on the Appliance, and any updates or upgrades to the foregoing, the “Snowball
Software”).\nYou agree that you will not allow any Appliance to leave the United
States state or non-U.S.\ncountry to which the Appliance is shipped until you provide
it (in the same U.S.\nstate or non-U.S.\ncountry) to a carrier for redelivery to
us.\nAfter you receive an Appliance, you may: (a) transfer data onto the Appliance
for upload by us into a supported AWS Service as Your Content after you return the
Appliance, (b) transfer data you requested we copy to the Appliance onto your own
systems, and provide the Appliance to the carrier for return to us (such data in
(a) or (b) contained on Appliances before, during, or after transfer, also “Data”),
or (c) if using a “Snowball Edge” Appliance as described on the AWS Site, transfer
Data onto the Appliance and use the Appliance for certain computing workloads as
described in the Documentation.\nWe may require that Appliances be returned to us
at any time for any reason, including for repair and replacement, and you will promptly
return such Appliances to us.\nAppliances collect and provide us with metrics regarding
the use of Appliances, including without limitation boot times, size of transferred
files, duration of transfers, and errors or timeouts.\nThese metrics may be associated
with your account ID and we may use these metrics to provide, maintain, and improve
the quality and feature set of the Service Offerings.</p>\n<p>\n<b>13.3.</b> As
part of AWS Snowmobile, we will transport a containerized data center and networking
equipment (collectively, “Snowmobile”), and, in certain cases, auxiliary power and
chilling units, to a designated transfer location (the “Transfer Site”).\nThe Snowmobile,
power generator, chiller unit, related vehicles, and all software provided in connection
with the foregoing are collectively “Snowmobile Materials.” You will cooperate with
us to meet all requirements for deploying Snowmobile Materials, including surveying,
securing and maintaining the Transfer Site, obtaining all necessary licenses and
permits for operation of the Snowmobile Materials at the Transfer Site, and allowing
access for us and our affiliates’ employees, subcontractors, and agents (collectively,
“Snowmobile Personnel”) to setup, maintain, inspect, repair, operate and remove
Snowmobile Materials.\nAfter Snowmobile Materials are deployed, you may transfer
data onto the Snowmobile (such data contained on the Snowmobile before, during,
or after transfer, also “Data”).\nOnce the transfer is complete, authorized Snowmobile
Personnel will transport the Snowmobile to the selected AWS region for upload of
Data into a supported AWS Service as Your Content.</p>\n<p>\n<b>13.4.\n</b>You will
comply with all specifications and documentation for AWS Import/Export as provided
and updated by us from time to time, including shipping and encryption requirements,
the AWS Import/Export Disk Pack and Ship Check List, the AWS Snowball User Guide,
and any documentation on the AWS Site or an Appliance.</p>\n<p>\n<b>13.5.</b> You
will be solely responsible for all shipping and handling costs (which may include
costs of freight and transit insurance) for shipping Media and Appliances to or
from us.\nFor AWS Import/Export Disk, we may pay some reasonable return shipping
charges as described on the AWS Import/Export Disk section of the AWS Site.\nYou
are responsible for payment of all customs, duties, taxes and other charges in connection
with Media and Appliances being shipped to or from us.\nUse of AWS Import/Export
may require or allow use of supported AWS Services, which are subject to the applicable
terms of this Agreement.\nYou are responsible for the separate fees you accrue for
AWS Services.</p>\n<p>\n<b>13.6.\n</b>For AWS Import/Export Disk, you will bear
the entire risk of loss of, or damage to, any Media while in transit and you are
solely responsible for obtaining insurance at your expense.\nFor AWS Snowball, you
are responsible for any damage to, an Appliance after it has been delivered by the
carrier to your address until the carrier accepts the Appliance for delivery back
to us, and we may charge you the cost of fixing such damage.\nFor Appliances that
are not Snowball Edge Appliances, we may charge you $7,500 USD if the Appliance
is lost or irreparably damaged after it has been provided to you until the carrier
accepts the Appliance for delivery back to us, or if you do not provide the Appliance
to the carrier for return to us within 90 days of the date it was delivered to you.\nFor
Snowball Edge Appliances, we may charge you $15,000 USD if the Appliance is lost
or irreparably damaged after it has been provided to you until the carrier accepts
the Appliance for delivery back to us, or if you do not provide the Appliance to
the carrier for return to us at our request.\nFor avoidance of doubt, amounts charged
under this Section do not limit your liability under this Agreement.\nFor AWS Snowmobile,
you are responsible for any damage to, or loss of, Snowmobile Materials once they
arrive at the Transfer Site until the Snowmobile Materials depart the Transfer Site
under the supervision of authorized Snowmobile Personnel.\nYou may not allow Snowmobile
Materials to leave the Transfer Site other than under the supervision of authorized
Snowmobile Personnel.</p>\n<p>\n<b>13.7.\n</b>You will retain title to any Media
and Data we receive from you and store on an AWS Service (or provide to you upon
your request) as part of AWS Import/Export.\nYou supply us with Media and Data,
and you use Media, Appliances, Snowball Software, and Snowmobile Materials entirely
at your own risk.\nYou should back-up Data prior to transfer onto an Appliance,
Snowmobile or Media and prior to delivery to us, and you should not delete any of
Your Content on an AWS Service before transferring such content from an Appliance,
Snowmobile or Media onto your own systems.\nYour Data should not include live or
production data or any other data that you are not prepared to lose.\nWe are not
responsible for and will not be held liable for any delay, damage or loss incurred
in connection with AWS Import/Export, including without limitation loss, damage,
destruction or misuse of any Data or any systems or equipment used in connection
with AWS Import/Export.\nOur confirmed receipt of delivery or notification of shipment
or transport does not: (a) indicate or imply that any Media, Appliance, Snowmobile
Materials, or Data has been or will be delivered or was received free of loss, damage
or destruction, or that any loss or damage to, or any destruction of, any Media,
Appliance, Snowmobile Materials, or Data later discovered is not your responsibility.\n(b)
indicate or imply that we actually received the number of units of Media or Appliances
specified by you for such shipment.\nor (c) waive, limit or reduce any of our rights
under the Agreement.\nWe reserve the right to impose, and change, from time to time,
limitations on the delivery of your Media or Data, and you will comply with any
of these restrictions or limitations.</p>\n<p>\n<b>13.8.\n</b>You represent that
you have all necessary rights to (a) provide the Media and/or Data (whether contained
on an Appliance, Media or Snowmobile) to us for upload into supported AWS Services,
(b) receive Appliances and/or Snowmobiles and use them as permitted by us, (c) transfer
Data to the Media, Appliance or Snowmobile, and (d) authorize our transfer of any
Data specified by you to the Media, Appliance or Snowmobile and to you.\nWithout
limiting the foregoing, if Data includes personal information, personally identifiable
information, personal data, any information about a person or individual, or any
other data covered by applicable law or regulation, you represent that you have
obtained all necessary rights to transfer such Data to or from the AWS region you
select, and you will comply with all of your obligations with respect of such Data
as required by applicable law or regulation, which may include obtaining consent
of the subjects of such Data.\nWe may reproduce Data as necessary to transfer it
between Media, Appliances or Snowmobiles and supported AWS Services.</p>\n<p>\n<b>13.9.</b>
IN ADDITION TO THE DISCLAIMERS IN THE AGREEMENT, WE HEREBY DISCLAIM ANY DUTIES OF
A BAILEE OR WAREHOUSEMAN, AND YOU HEREBY WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR
(WHETHER ARISING UNDER COMMON LAW OR STATUTE), RELATED TO OR ARISING OUT OF ANY
POSSESSION, STORAGE OR SHIPMENT OF MEDIA OR DATA BY US OR OUR AFFILIATES OR ANY
OF OUR OR THEIR CONTRACTORS OR AGENTS.\nYOU ARE SOLELY RESPONSIBLE FOR APPLYING
APPROPRIATE SECURITY MEASURES TO YOUR DATA AND YOUR USE OF MEDIA, APPLIANCES AND
SNOWMOBILE MATERIALS, INCLUDING ENCRYPTING SENSITIVE DATA AND NOT ALLOWING UNAUTHORIZED
ACCESS TO ANY MEDIA, APPLIANCE OR SNOWMOBILE.</p>\n<p>\n<b>13.10.</b> In addition
to your indemnification obligations under the Agreement, you agree to indemnify,
defend and hold us, our affiliates and licensors, each of our and their business
partners (including third party sellers on websites operated by or on behalf of
us) and each of our and their respective employees, officers, directors and representatives,
harmless from and against any and all claims, losses, damages, liabilities, judgments,
penalties, fines, costs and expenses (including reasonable attorneys’ fees), arising
out of or in connection with any claim arising out of the Media, Data, and your
use of Appliances, Snowball Software or Snowmobile Materials, including (a) any
personal injury, death or property damage (tangible or intangible) related to the
foregoing.\n(b) any sales, goods and services, use, excise, import, export, property,
value added or other taxes or duties assessed or imposed on us or our affiliates
in connection with or as a result of the storage, shipping or other actions taken
by you or us with respect to your use of AWS Import/Export.\nor (c) any legal or
regulatory violation arising under the laws or regulations of any country (including
without limitation privacy regulations) related to your use of AWS Import/Export.</p>\n<p>\n<b>13.11.</b>
Once AWS Import/Export services are complete, we will return the Media to you or
destroy Unsuitable Media, delete Data from the Appliance, or delete Data from the
Snowmobile, as applicable.\nWe may return Media to you for any reason, including
upon termination of the Agreement or the AWS Import/Export Service.\nReturned Media
will be sent to your designated shipping address.\nMedia shipped to us for import
into or export from supported AWS Services in the EU (Ireland) Region must originate
from and be returned to an address within the European Union or the European Economic
Area.\nIf we are unable to return Media to you due to any issue with your address
or Media, we will attempt to notify you, and you will have thirty (30) calendar
days from the date we provide notification to resolve the issue.\nIf the issue is
not resolved, the Media will be deemed Unsuitable Media subject to disposal and
we may erase Data and dispose of Media in any manner and we have no obligation to
reimburse or compensate you in connection with such erasure or disposal.</p>\n<p>\n<b>13.12.</b>
Notwithstanding anything to the contrary in the Agreement, you may give agents and
subcontractors of your choosing access to the private key associated with your AWS
account solely for the purpose of (a) preparing Data for import, export or processing
using AWS Import/Export or (b) confirming the integrity of Data imported, exported
or processed using AWS Import/Export.\nYou remain fully responsible for and indemnify
us for all activities undertaken by such third parties under your account.\nOther
than as specifically set forth in this Section, all terms and conditions of the
Agreement continue to apply to your use of the Services.</p>\n<p>\n<b>13.13.</b>
The Appliances, Snowmobile Materials ,Snowball Software and all other proprietary
information, know-how, programming, software, trademarks, trade secrets, plan drawings,
requirements, specifications, designs, and patterns furnished or created by us or
our agents or contractors and all property rights embodied therein are and will
remain our sole property at all times.\nExcept as explicitly stated, at no point
do we sell, rent, lease or transfer any ownership or other rights to the Appliance
or Snowmobile Materials to you.\nYou may not use the Appliance or Snowmobile Materials
in any manner not expressly permitted herein.\nWithout limiting the foregoing, you
will not (or attempt to), and will not permit or authorize third parties to (or
attempt to), (a) reverse engineer, disassemble, or decompile the Appliance or the
Snowball Software or Snowmobile Materials or apply any other process or procedure
to derive the source code of any Appliance, Snowball Software or Snowmobile Materials.\n(b)
scan, x-ray, open, modify, alter, disassemble or otherwise attempt to view the inside
of or tamper with the Appliance or Snowmobile Materials.\n(c) access, move or relocate
the Snowmobile Materials in any way.\nor (d) circumvent or disable any features
or measures in the Appliance, Snowball Software or Snowmobile Materials.\nSnowball
Software contained on Appliances is a “Service Offering” and your use of such Snowball
Software is governed by the applicable terms of the Agreement.\nYour use of the
AWS Snowball Client and any downloadable Snowball Software is governed by the licenses
included with such Snowball Software.</p>\n<p>\n<b>13.14.</b> We will be responsible
for monitoring, maintaining, repairing, and updating components of the AWS Snowball
service, including Snowball Software and Appliances.\nYou will return all Appliances
to us regardless of the external condition of the Appliance and even if you believe
the Appliance may be damaged or non-functional.\nAlthough the used Appliance is
not waste electrical and electronic equipment, and you will not be the final user
of the Appliance, for the avoidance of doubt you understand that the Appliance is
not to be disposed of as waste electrical and electronic equipment, including as
unsorted municipal waste or in any other waste collection process, that your return
of the Appliance to us according to the terms of the Agreement will contribute to
extension of the useful life of the Appliance and its responsible handling and recycling
by us when it reaches its end of life, and that the disposal or improper handling
of the Appliance, as with other electrical and electronic equipment, could have
potentially adverse effects on the environment and human health as a result of the
presence of hazardous substances in such equipment.\nFor avoidance of doubt, the
terms of this Section also apply to internal batteries included within Appliances.\nYou
are not permitted to access, move or relocate the internal batteries of Appliances.\nThe
Appliance is marked with a crossed-out wheelie bin symbol to reflect these requirements
and in compliance with waste-related regulatory requirements in certain jurisdictions.</p>\n<p>\n<b>13.15.\n</b>For
AWS Import/Export Disk, we will not act as the importer of record for your shipments
of Media or Data.\nIf we are importing or exporting your shipments of Media or Data
into the Asia Pacific (Singapore) Region, you will not act as the importer of record
and you represent and warrant that: (a) You are not a resident of Singapore.\n(b)
You have a business establishment or fixed establishment outside of Singapore and
not in Singapore.\n(c) You are domiciled outside Singapore if you have no business
or fixed establishment in any country.\nand (d) You are not registered or required
to be registered for GST in Singapore.</p>\n<p>You will notify us if, at any time,
you are using the AWS Import/Export Disk service to ship Media or Data into the
Asia Pacific (Singapore) Region and you are not acting as the importer of record,
and you become unable to make any of the above representations and warranties.</p>\n<p>If
you are not acting as the importer of record on your shipment of Media or Data to
the Asia Pacific (Singapore) Region, then the Media or Data must (i) be returned
to a location outside of Singapore, (ii) be exported on an FCA basis.\nand (iii)
you must be importer of record in the country that the Media or Data is returned
to.</p>\n<p>\n<b>13.16.</b> You are responsible for complying with all applicable
data protection, import, re-import, export, and re-export control laws, including
any applicable license requirements, and country-specific sanctions programs.\nWithout
limiting the foregoing, you are solely responsible for compliance related to the
manner in which you use Appliances, Media, Snowball Software or Snowmobile Materials,
including your transfer, upload, and download of your data, goods, software, or
technology and the provision of your data, goods, software, or technology to End
Users.\nYou are responsible for serving as the exporter and importer of record (as
applicable) for your Media, data, goods, software, or technology, and you accept
that AWS will not participate in the export or import procedure.\nIf you are using
Appliances, Media, Snowball Software, or Snowmobile Materials for dual use items
in the European Union, you represent that you, or the legal entity you represent,
are “established” in the European Union.\nor, if you are not “established” in the
European Union, that you will not upload, request that we download, or export such
dual-use items outside the European Union.\nIf you are using Appliances, Media,
Snowball Software or Snowmobile Materials in the European Union for military items,
you represent that you, or the legal entity you represent, are permitted by the
Member State of your incorporation to upload, request that we download or export
any such military items from that Member State, and it is a condition of this Agreement
and your use of AWS Import/Export that you are so permitted.</p>\n<p>\n<b>13.17.\n</b>We
may provide you with custom air filters for use with Appliances (“Filters”).\nFilters
are provided “as is” and we make no representation or warranty regarding Filters.\nExcept
to the extent prohibited by law, we expressly disclaim all warranties of any kind
related to Filters, including any implied warranties of merchantability, quality,
or fitness for a particular purpose.\nYou use Filters entirely at your own risk.\nWe
are not responsible and will not be liable for any loss, damage, destruction or
misuse of any systems or equipment you use in connection with Filters, including
without limitation Appliances.</p> 14.\nAmazon Virtual Private Cloud (Amazon VPC)
<p>\n<b>14.1.</b> You may only use Amazon VPC to connect your computing resources
to certain AWS computing resources via a Virtual Private Network (VPN) connection.</p>\n<p>\n<b>14.2.\n</b>Use
of Amazon VPC requires the use of other Services.\nYou are responsible for all applicable
fees associated with your use of other Services in connection with Amazon VPC.\nWhen
you transfer data between AWS computing resources running inside Amazon VPC and
AWS computing resources running outside Amazon VPC, you will be charged VPN data
transfer rates in addition to any applicable Internet data transfer changes.\nVPN
connection charges accrue during any time your VPN connection is in the “available”
state.</p>\n<p>\n<b>14.3.</b> You are solely responsible for the configuration,
operation, performance and security of all equipment and computing resources you
use with Amazon VPC, including any gateways or other devices you use to connect
to Amazon VPC.</p> 15.\nAWS Multi-Factor Authentication (AWS MFA) <p>\n<b>15.1.</b>
You may only use AWS MFA in connection with accessing your AWS account.</p>\n<p>\n<b>15.2.\n</b>Your
use of AWS MFA requires the use of other Services.\nYou are responsible for all
applicable fees associated with your use of other Services in connection with AWS
MFA.</p>\n<p>\n<b>15.3.\n</b>You are solely responsible for the procurement and
for the configuration, operation, performance and security of any hardware or non-AWS
software that you use in connection with AWS MFA, including any compatible authentication
devices.</p> 16.\nAmazon Relational Database Service (Amazon RDS) <p>\n<b>16.1.</b>
You may only use Amazon RDS to store, query, retrieve and serve data and other content
owned, licensed or lawfully obtained by you.\nYou acknowledge that neither we nor
our licensors are responsible in any manner, and you are solely responsible, for
the proper configuration of database security groups and other security settings
associated with Amazon RDS.</p>\n<p>\n<b>16.2.</b> You may store snapshots of Your
Amazon RDS Content for later use in Amazon RDS but snapshots cannot be downloaded
outside the Services.</p>\n<p>\n<b>16.3.\n</b>We may terminate your Amazon RDS database
instance if you attempt to access or tamper with any software we pre-load on the
database instance, including the operating system software running on the database
instance.</p>\n<p>\n<b>16.4.\n</b>You are responsible for configuring your backup
retention period to give yourself enough time to recover data from your backups
in the event of a hardware or file system failure.</p>\n<p>\n<b>16.5.</b> Reserved
DB Instance Pricing.\nYou may designate Amazon RDS database instances as subject
to the reserved pricing and payment terms (“Reserved DB Instance Pricing”) set forth
on the Amazon RDS detail page on the AWS Site (each designated instance, a “Reserved
DB Instance”).\nYou may designate database instances as Reserved DB Instance by
calling to the Purchasing API or selecting the Reserved DB Instance option in the
AWS console.\nWhen you designate a database instance as a Reserved DB Instance,
you must designate a region, instance type and quantity for the applicable Reserved
DB Instances.\nThe Reserved DB Instances may only be used in the designated region.\nWe
may change Reserved DB Instance Pricing at any time but price changes will not apply
to previously designated Reserved DB Instances.\nWe may terminate the Reserved DB
Instance Pricing program at any time.\nReserved DB Instances are noncancellable,
and you will owe the Reserved DB Instance Pricing for the duration of the term you
selected, even if the Agreement is terminated.\nReserved DB Instances are nontransferable
and all amounts paid in connection with the Reserved DB Instances are nonrefundable,
except that if we terminate the Agreement other than for cause, terminate an individual
Reserved DB Instance type, or terminate the Reserved DB Instance Pricing program,
we will refund you a pro rata portion of any up-front fee paid in connection with
any previously designated Reserved DB Instances.\nUpon expiration or termination
of the term of a Reserved DB Instance, the Reserved DB Instance Pricing will expire
and standard on-demand usage prices will apply to the database instance.\nIn addition
to being subject to Reserved DB Instance Pricing, Reserved DB Instances are subject
to all data transfer and other fees applicable under the Agreement.</p>\n<p>\n<b>16.6.\n</b>Using
Oracle Software.</p>\n<p>\n<b>16.6.1.\n</b>“License Included”<b>.</b> As part of
the Services, you may be allowed to use certain software (including related documentation)
described on the AWS Site developed and owned by Oracle America, Inc.\nor its affiliates
(<b>“Oracle”</b>) and Oracle’s licensors (collectively, the <b>“Oracle Software”</b>).\nIf
you choose to use the Oracle Software and do not already have a license from Oracle
for that Oracle Software, Oracle and its licensors require that you agree to these
additional terms and conditions:</p>\n<ul>\n<li>Oracle or its licensors retains
all ownership and intellectual property rights in the Oracle Software, and title
to the Oracle Software does not transfer to you or any third party by virtue of
this Agreement.</li>\n<li>The Oracle Software is subject to a restricted license
and may only be used in connection with the Service Offerings, and only by the individual
or legal entity that entered into the Agreement.</li>\n<li>You may only use the
Oracle Software for your internal business operations and in accordance with the
Agreement.\nYou may permit agents or contractors (including outsourcers) to use
the Oracle Software on your behalf for the purposes set forth in, and subject to,
the Agreement, provided you are responsible for the agent’s, contractor’s and outsourcer’s
compliance with the Agreement in connection with such use.</li>\n<li>You may not:
<ul>\n<li>assign, grant, or transfer the Oracle Software or any interest in the
Oracle Software to another individual or entity, and if you purport to grant a security
interest in the Oracle Software, the secured party will have no right to use or
transfer the Oracle Software;</li>\n<li>use the Oracle Software for rental, timesharing,
subscription services, hosting, or outsourcing;</li>\n<li>remove or modify any notice
of Oracle’s or its licensors’ proprietary rights;</li>\n<li>make the Oracle Software
available in any manner to any third party for use in the third party’s business
operations;</li>\n<li>duplicate, reverse engineer (unless required by law for interoperability),
disassemble or decompile the Oracle Software (including by reviewing data structures
or similar materials produced by the Oracle Software).\nor</li>\n<li>publish any
results of benchmark tests run on the Oracle Software.</li>\n</ul>\n</li>\n<li>Third
party technology that may be appropriate or necessary for use with some Oracle Software
is specified in the related documentation, and that third party technology is licensed
to you only for use with the Service Offerings and under the terms of the third
party license agreement specified in the documentation, not this Agreement.</li>\n<li>To
the extent permitted by applicable law, Oracle disclaims any liability for any damages,
whether direct, indirect, incidental, special, punitive or consequential, and any
loss of profits, revenue, data or data use, arising from your use of the Oracle
Software.</li>\n<li>Notwithstanding anything to the contrary elsewhere in the Agreement,
Oracle is an intended third party beneficiary of the Agreement, but solely with
respect to this Section 16.6.1 of these Service Terms.</li>\n<li>The Uniform Computer
Information Transactions Act does not apply to your use of the Oracle Software.</li>\n<li>Upon
any termination of the Agreement, you must discontinue use of the Oracle Software
and any related documentation.</li>\n</ul>\n<p>\n<b>16.6.2.\n</b>“Bring-Your-Own-License”
(BYOL).<b>\n</b>Under the BYOL option, Amazon RDS enable you to provision Oracle
Software to Amazon EC2 instances and use the management capabilities of Amazon RDS
for the Oracle Software.\nYou can use the Oracle Software with Amazon RDS if you
meet the following conditions:</p>\n<ul>\n<li>You must have a valid license with
“Software Update License &.\nSupport” for the Oracle Software you wish to run.\nThe
terms of your existing license and support agreement(s) with Oracle continue to
apply to your use of the Oracle Software.\nand</li>\n<li>You must follow Oracle’s
current policies for licensing Oracle Database software in the cloud computing environment.\nThe
database instances using the Oracle Software with Amazon RDS reside in the Amazon
EC2 environment.</li>\n</ul>\n<p>\n<b>16.7.\n</b>Using Microsoft Software.</p>\n<p>\n<b>16.7.1.</b>
“License Included.” In conjunction with the Services, you may be allowed to use
certain software (including related documentation) developed and owned by Microsoft
Corporation or its licensors (collectively, the <b>“Microsoft Software”</b>).\nIf
you choose to use the Microsoft Software, Microsoft and its licensors require that
you agree to these additional terms and conditions:</p>\n<ul>\n<li>The Microsoft
Software is neither sold nor distributed to you and you may use it solely in conjunction
with the Services.</li>\n<li>You may not transfer or use the Microsoft Software
outside the Services.</li>\n<li>You may not remove, modify or obscure any copyright,
trademark or other proprietary rights notices that are contained in or on the Microsoft
Software.</li>\n<li>You may not reverse engineer, decompile or disassemble the Microsoft
Software, except to the extent expressly permitted by applicable law.</li>\n<li>Microsoft
disclaims, to the extent permitted by applicable law, all warranties by Microsoft
and any liability by Microsoft or its suppliers for any damages, whether direct,
indirect, or consequential, arising from the Services.</li>\n<li>Microsoft is not
responsible for providing any support in connection with the Services.\nDo not contact
Microsoft for support.</li>\n<li>You are not granted any right to use the Microsoft
Software in any application controlling aircraft or other modes of human mass transportation,
nuclear or chemical facilities, life support systems, implantable medical equipment,
motor vehicles, weaponry systems, or any similar scenario (collectively, <b>“High
Risk Use”</b>).\nMicrosoft and its suppliers disclaim any express or implied warranty
of fitness for High Risk Use.\nHigh Risk Use does not include utilization of the
Microsoft Software 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.\nThese non-controlling applications may communicate with the applications
that perform the control, but must not be directly or indirectly responsible for
the control function.</li>\n<li>SQL Server Web Edition may be used only to support
public and Internet accessible Web pages, Web sites, Web applications or Web services.\nIt
may not be used to support line of business applications (e.g., Customer Relationship
Management, Enterprise Resource Management and other similar applications).</li>\n</ul>\n<p>\n<b>16.7.2.\n</b>Microsoft
is an intended third-party beneficiary of this Section 16.7, with the right to enforce
its provisions.</p> 17.\nAmazon Simple Notification Service (Amazon SNS) <p>\n<b>17.1.</b>
Amazon SNS from the Asia Pacific (Tokyo) Region is sold and provided by AMCS LLC
and not AWS, but is otherwise subject to the terms of the Agreement.</p>\n<p>\n<b>17.2.\n</b>You
may only use Amazon SNS to send notifications to parties who have agreed to receive
notifications from you.</p>\n<p>\n<b>17.3.</b> We may throttle or restrict notifications
if we determine, in our sole discretion, that your activity may be in violation
of the AWS Acceptable Use Policy or the Agreement.</p>\n<p>\n<b>17.4.\n</b>Your
notifications sent through Amazon SNS may be blocked, delayed or prevented from
being delivered by destination servers and other reasons outside of our control
and there is no warranty that the service or content will be uninterrupted, secure
or error free or that notifications will reach their intended destination during
any stated time-frame.\nIn addition, you acknowledge that we may not be able to
provide the service if a wireless carrier delivering Amazon SNS notifications by
short messaging service (SMS) terminates or suspends their service.\nYour payment
obligations may continue regardless of whether delivery of your notifications are
prevented, delayed or blocked.</p>\n<p>\n<b>17.5.</b> You may not use Amazon SNS
to send SMS messages that include Premium Content (as defined in the Mobile Marketing
Association Guidelines).\nYou may not charge recipients for receiving Amazon SNS
notifications by SMS unless you have obtained the recipient’s express consent.\nYou
must advise recipients receiving Amazon SNS notification by SMS that wireless carriers
may charge the recipient to receive Amazon SNS notifications by SMS.\nYou must obtain
our prior written consent before using Amazon SNS to send SMS messages for:</p>\n<ul>\n<li>financial
transactions or payment services (e.g., mobile banking, bill presentment, bill payment,
money transfer, peer-to-peer payment or lending credit, debit or stored value payment
services);</li>\n<li>charitable programs (e.g., soliciting donations for a non-profit
organization);</li>\n<li>sweepstakes or contests;</li>\n<li>advertisements or promotions
for commercial products, goods or services.\nor</li>\n<li>location-based services
(e.g., where a recipient receives messages based on the geographical location of
the recipient’s wireless device).</li>\n</ul>\n<p>\n<b>17.6.</b> Any third party
push notification platform that you use in connection with Amazon SNS is Third Party
Content under the Agreement, and features of Amazon SNS that depend on such platforms
may not be secure, uninterrupted or error-free.\nYour use of such push notification
platform is subject to the platform’s terms and conditions, and you are solely responsible
for complying with those terms and conditions.\nWe may change, discontinue or deprecate
support for a push notification platform for any reason at any time.</p>\n<p>\n<b>17.7.</b>
You and any of your applications that use Amazon SNS must comply with all laws,
rules, and regulations applicable in jurisdictions in which your applications are
used.</p>\n<p>\n<b>17.8.</b> Through your use of Amazon SNS you will not:</p>\n<ul>\n<li>Transmit
any material that contains viruses, Trojan horses, worms or any other malicious,
harmful, or deleterious programs.</li>\n<li>Offer or purport to offer any Emergency
Services.\n“Emergency Services” means services that allow a user to connect with
emergency services personnel or public safety answering points such as 911 or E911
services.</li>\n<li>Materially violate or facilitate the material violation of any
local or foreign law, rule, regulation or order, including laws regarding the transmission
of data or software</li>\n<li>Transmit material that is sexually explicit, relates
to “adult services”, or contains sensitive financial or identifying information
(such as social security numbers)</li>\n<li>Resell, sublicense or timeshare the
Services or use them on behalf of anonymous or other third parties.</li>\n<li>Use
the Services in hazardous environments (such as operation of nuclear facilities,
aircraft navigation, or any other use that may result in foreseeable risk of injury,
death, or destruction of property).</li>\n</ul> 18.\nConsolidated Billing <p>Consolidated
Billing has been incorporated into AWS Organizations (See Section 63).<br>\n</p>
19.\nAWS Identity and Access Management (IAM) <p>\n<b>19.1.\n</b>You may use IAM
to create additional sets of security credentials (the<b> “User Credentials”</b>)
under your AWS account, the format of which may include a username and password,
roles, policies, permissions, access keys, and/or a security token.\nThe User Credentials
are subject to change: (a) by you through the IAM APIs, or (b) if we determine in
our reasonable discretion that a change is necessary.\nWe will promptly notify you
of any change we make to the User Credentials.</p>\n<p>\n<b>19.2.</b> You will ensure
that all use of the Services under the User Credentials complies with the terms
and conditions of the customer agreement between you and us that governs your use
of the Services.</p>\n<p>\n<b>19.3.</b> You are responsible for all applicable fees
associated with use of the Services in connection with IAM, including fees incurred
as a result of any User Credentials.\nYou are responsible for maintaining the secrecy
and security of the User Credentials (other than any key that we expressly permit
you to use publicly).\nYou are solely responsible, and we have no liability, for
any activities that occur under the User Credentials, regardless of whether such
activities are undertaken by you, your employees, agents, subcontractors or customers,
or any other third party.\nYou are responsible for the creation, distribution, and
security (including enabling of access) of all User Credentials created under your
AWS account, including credentials that you have used IAM to create or disclose
to other parties.</p>\n<p>\n<b>19.4.</b> Except as otherwise provided by AWS, you
may only use User Credentials for your internal use and may not expose your User
Credentials publicly.\nYou may not sell, transfer or sublicense or authorize the
creation of User Credentials (other than public use of any key that we expressly
permit you to use publicly) to any other party.\nprovided that, you may disclose
or cause to be disclosed User Credentials to your agents or subcontractors that
are performing services for you, solely to allow the agents or subcontractors to
use the Services on your behalf in accordance with the agreement between you and
us that governs your use of the Services.</p>\n<p>\n<b>19.5.</b> Any third party
identity provider that you use in connection with the Service Offerings is Third
Party Content under the Agreement and may be provided directly to you by a third
party under separate terms and conditions.\nYou are solely responsible for complying
with those terms and conditions.\nWe may change, discontinue or deprecate support
for an identity provider for any reason, including if the continued use of the identity
service (a) poses a security or intellectual property issue, (b) is economically
or technically burdensome, or (c) must be terminated to comply with the law or requests
of governmental entities.</p> 20.\nAmazon Route 53 <p>\n<b>20.1.\n</b>You may use
Amazon Route 53 to answer Domain Name System (DNS) queries for your applications.</p>\n<p>\n<b>20.2.\n</b>You
will not create a hosted zone for a domain that you do not own or have authority
over.</p>\n<p>\n<b>20.3.\n</b>All DNS records (other than Private DNS records) used
in connection with Amazon Route 53 will be publicly available and AWS will have
no liability for disclosure of those DNS records.</p>\n<p>\n<b>20.4 </b>Domain name
registration services are provided under our Domain Name Registration Agreement.</p>
21.\nAWS Elastic Beanstalk <p>\n<b>21.1.\n</b>The URL used in connection with an
AWS Elastic Beanstalk environment will have the formulation [myapp].elasticbeanstalk.com.\nYou
will select the “myapp” portion of the URL and will not:</p>\n<ul>\n<li>include
any trademark of Amazon or its affiliates, or a variant or misspelling of a trademark
of Amazon or its affiliates – for example, \"endlessboots\", \"amaozn\", \"smallpartsstore\",
\"amazonauctions\", \"kindlemagazines\", or \"kindlewirelessreader\" would be unsuitable.\nor</li>\n<li>otherwise
violate the intellectual property rights of any third party or the AWS Acceptable
Use Policy (including, without limitation, containing any offensive, harmful or
illegal content).</li>\n</ul>\n<p>AWS may reject any URL that fails to comply with
this Section.\nFurther, AWS may modify any URL in order to make it compliant with
this Section.\nIn addition, AWS may treat any URL that fails to comply with this
Section as Prohibited Content.</p>\n<p>\n<b>21.2.\n</b>The [myapp] portion of the
URL is reserved for you only during the time your application environment is running.\nIf
you stop running your application environment at any time, for any reason, the [myapp]
portion of the URL you were using to run the application environment will no longer
be available to you, and will be returned to a pool from which it may be used by
another AWS customer.</p>\n<p>\n<b>21.3.\n</b>AWS may make available reference or
sample applications for you to use in connection with AWS Elastic Beanstalk (<b>“Elastic
Beanstalk Sample Apps”</b>).\nElastic Beanstalk Sample Apps are provided “as is”
and you will be charged the same fees for running Elastic Beanstalk Sample Apps
as you would be charged for running your own application.</p>\n<p>\n<b>21.4.\n</b>AWS
Elastic Beanstalk is offered at no additional charge, but requires the use of other
AWS services.\nYou are responsible for all fees incurred for AWS services used in
connection with AWS Elastic Beanstalk.<br>\n</p> 22.\nAmazon Simple Email Service
(SES) <p>\n<b>22.1.\n</b>We take steps to increase the security and reliability
of email you send, attempt to send, or receive using SES (<b>“SES Email”</b>).\nLike
many email service providers, when you send, attempt to send, or receive an email,
we (or our third-party providers) may store and scan your SES Email and Your Content
included in SES Email.\nThis helps us protect you and SES by preventing and blocking
“spam” e-mails, viruses and spyware, and other harmful or unwanted items from being
sent and received over SES.</p>\n<p>\n<b>22.2.</b> Your use of SES and all SES Email
must comply with the AWS Acceptable Use Policy and the Agreement.\nWe may throttle,
suspend or terminate your access to SES, or block or decline to send and/or receive
any SES Email, if we determine in our sole discretion that</p>\n<ul>\n<li>our scan
of SES Email or Your Content included in SES Email reveals abusive or low quality
email (such as “spam”),</li>\n<li>SES Email bounces back to us or we receive abuse
complaints (including complaints from third parties) in connection with your SES
Email,</li>\n<li>the source or ReturnPath email address you have provided us for
“address bounces” or complaints is not successfully receiving email, or</li>\n<li>your
use of SES Email does not comply with the AWS Acceptable Use Policy or the Agreement,
or</li>\n<li>your SES Emails or Your Content include an attachment in a format that
we do not support.</li>\n</ul>\n<p>\n<b>22.3.\n</b>Your SES Emails may be blocked,
delayed or prevented from being delivered by destination email servers and other
reasons outside of our control.\nYour payment obligations continue regardless of
whether delivery of your emails is prevented, delayed or blocked.</p>\n<p>\n<b>22.4.\n</b>You
are solely responsible for ensuring any emails you send and receive using SES comply
with the Federal CAN-SPAM Act.\nAWS is not the “sender” as defined in the Federal
CAN-SPAM Act.\nYou will not use SES in connection with an open mail relay, including,
without limitation, an open mail relay in the form of an SMTP server, unrestricted
web form, or otherwise.</p>\n<p>\n<b>22.5.\n</b>Your SES Emails may be blocked,
delayed or prevented from being received due to your configuration of the Service.\nYou
are solely responsible for the proper configuration of the Service to ensure the
receipt of emails.</p> 23.\nAWS CloudFormation <p>\n<b>23.1.\n</b>You may use AWS
CloudFormation to create a collection of AWS resources and provision them.</p>\n<p>\n<b>23.2.</b>
AWS may make sample templates available for you to use in connection with AWS CloudFormation.\nAll
sample templates are offered “as is” and you are solely responsible for your use
of the sample templates.</p>\n<p>\n<b>23.3.\n</b>Any templates you use in connection
with AWS CloudFormation must comply with the Agreement and the AWS Acceptable Use
Policy and you are solely responsible for your use of any templates.</p>\n<p>\n<b>23.4.\n</b>AWS
CloudFormation is offered at no additional charge, but requires the use of other
AWS services.\nYou are responsible for all fees incurred for AWS services used in
connection with AWS CloudFormation.</p> 24.\nAWS Direct Connect <p>\n<b>24.1.\n</b>You
may use AWS Direct Connect to establish a dedicated network connection between your
network and your AWS resources by using connection types and locations supported
by AWS.\nWhen you establish a dedicated connection, your network traffic that would
have otherwise been routed over the Internet may be routed through your dedicated
network connection, including your network traffic sent to or from (i) services
offered by other affiliates of Amazon.com, Inc.\nor (ii) the AWS resources of other
AWS customers.</p>\n<p>\n<b>24.2.\n</b>The hardware and equipment you use with AWS
Direct Connect must comply with the Documentation provided by AWS.\nYou are responsible
for protecting your AWS Direct Connect connections, including using physical security,
firewalls and other network security tools as appropriate.</p>\n<p>\n<b>24.3.\n</b>AWS
will permit data center operator or other service provider to connect your hardware
to AWS’s hardware at the AWS Direct Connect location(s) that you select.\nAWS will
provide the necessary information to enable the data center operator or other service
provider to establish and monitor this connection, including your name, email address,
network configuration, activity information, and AWS account number.</p>\n<p>\n<b>24.4.\n</b>You
are responsible for your separate relationship with the data center operator or
other service provider, including compliance with your agreement with, and the policies
and procedures of, the data center operator or other service provider, and payment
of applicable fees to the data center operator or other service provider.\nYou are
responsible for providing or procuring (and AWS will not own) any equipment or cabling
necessary to establish this dedicated connection.\nNeither AWS nor any of its affiliates
are responsible for the actions, errors or omissions of any employees or contractors
of data center operators or service providers, including if the employees or contractors
fail to follow instructions from you or AWS.</p>\n<p>\n<b>24.5.</b> We may disconnect
your AWS Direct Connect connection at any time for any reason.\nIf the connection
you establish as part of AWS Direct Connect is temporarily unavailable or terminated,
AWS will route traffic bound for your AWS resources over the public Internet and
AWS’s standard data transfer charges will apply.\nHowever, if you are using Amazon
Virtual Private Cloud (VPC), traffic bound for your Amazon VPC resources will be
routed through an IPsec VPN connection.\nIf an IPsec VPN connection is unavailable,
traffic bound for your Amazon VPC resources will not be delivered.</p> 25.\nAmazon
ElastiCache <p>\n<b>25.1.\n</b>You may only use Amazon ElastiCache to store, query,
retrieve and serve Your Content.\nYou are solely responsible, for the proper configuration
of all security settings associated with Amazon ElastiCache.</p>\n<p>\n<b>25.2.</b>
You may not access or tamper with any software we install on the cache nodes as
part of Amazon ElastiCache.</p>\n<p>\n<b>25.3.\n</b>Amazon ElastiCache is designed
for the ephemeral storage of Your Content.\nYou are responsible for maintaining
a persistent data storage for Your Content, and routinely archiving Your Content
to prevent the loss of Your Content.</p>\n<p>\n<b>25.4.</b> Replacement cache nodes
automatically generated by Amazon ElastiCache may have different IP address, and
you are responsible for reviewing your application configuration to ensure that
your cache nodes are associated with the appropriate IP addresses.</p>\n<p>\n<b>25.5.</b>
We may apply software updates on your behalf if we determine there is a security
vulnerability in the system or software we install on the cache nodes as part of
Amazon ElastiCache.</p>\n<p>\n<b>25.6.</b> Reserved Cache Node Pricing.\nYou may
designate Amazon ElastiCache cache node as subject to the reserved pricing and payment
terms (<b>“Reserved Cache Node Pricing”</b>) set forth on the Amazon ElastiCache
detail page on the AWS Site (each designated instance, a <b>“Reserved Cache Node”</b>).\nYou
may designate cache nodes as Reserved Cache Nodes by calling to the Purchasing API
or selecting the Reserved Cache Node option in the AWS console.\nWhen you designate
a cache node as Reserved Cache Node, you must designate a region, cache node type,
Reserved Cache Node type, and quantity for the applicable Reserved Cache Node.\nThe
Reserved Cache Node may only be used in the designated region.\nWe may change Reserved
Cache Node Pricing at any time, but price changes will not apply to previously designated
Reserved Cache Nodes.\nWe may terminate the Reserved Cache Node Pricing program
at any time.\nReserved Cache Nodes are nontransferable, and all amounts paid in
connection with Reserved Cache Nodes are nonrefundable, except that if we terminate
the Agreement other than for cause, terminate an individual Reserved Cache Node
type, or terminate the Reserved Cache Node Pricing program, we will refund you a
pro rata portion of any up-front fee paid in connection with any previously designated
Reserved Cache Nodes.\nUpon expiration or termination of the term of a Reserved
Cache Node, the Reserved Cache Node Pricing will expire and standard on-demand usage
prices will apply to the cache node.\nIn addition to being subject to Reserved Cache
Node Pricing, Reserved Cache Nodes are subject to all data transfer and other fees
applicable under the Agreement.</p> 26.\nAWS Support <p>\n<b>26.1.</b> We will provide
“Support” in accordance with the terms of AWS Support Features page available at
http://aws.amazon.com/premiumsupport (the <b>“Guidelines”</b>).\nAWS Support is
available only as described in the Guidelines.\nIf you are experiencing problems
with one or more Services in connection with your use of any Content that was provided
to you by a third party (someone other than yourself or AWS) then AWS Support is
not available.</p>\n<p>\n<b>26.2.\n</b>In providing AWS Support, AWS will use commercially
reasonable efforts to (a) respond within the “Response Times” set forth in the Guidelines
for all properly submitted cases from authorized individuals, and (b) work towards
the identification and resolution of the problems submitted.\nWhen submitting a
case, you may designate the severity level of a problem.\nprovided that, we reserve
the right to reclassify the severity level in our reasonable opinion.\nAll Response
Times are measured from the point when a case has been properly submitted by an
authorized individual to us.\nCases may be submitted as specified in the Guidelines.\nWe
do not represent, warrant or guarantee that (i) we will always be able to resolve
a case fully, (ii) you will no longer experience a problem, (iii) we will provide
a bug fix, patch or other workaround in connection with the identified problem,
or (iv) any support or advice will result in any performance efficiency or improvement.\nYou
are solely responsible for the implementation and results of any suggestions or
advice received.</p>\n<p>\n<b>26.3.</b> Unless otherwise set forth in the Guidelines,
AWS Support fees will be the greater of (a) the specified minimum monthly fee, or
(b) a percentage of your monthly usage charges, calculated before any discounts
or credits are applied, for all Services during the billing period.\nRegardless
of when you sign up or terminate AWS Support, you are obligated to pay for a minimum
of thirty (30) days of support each time you register to receive the service.\nImplementation
of any suggested configurations or improvements may result in additional fees and
charges.\nWe reserve the right to refuse to provide AWS Support to any customer
that frequently registers for and terminates the service.</p> 27.\nAWS GovCloud
(US) Service Terms <p>\n<b>27.1. </b>You are responsible for satisfying any
applicable eligibility requirements for using the AWS GovCloud (US) Region including
providing accurate and current registration information.\nWe may require you to
provide additional registration information before we permit you to access the AWS
GovCloud (US) Region.\nSuch information may include your U.S.\nperson status, as
defined by 22 CFR part 120.15 (<b>“US Person”</b>), and whether you are subject
to export restrictions under U.S.\nexport control laws and regulations.\nWe may
make, directly or through third parties, any inquiries we consider necessary to
validate information that you provide to us, including without limitation checking
commercial and/or governmental databases.\nWhile we may take steps to verify the
identity of our Customers, we cannot and do not guarantee any Customer's identity.</p>\n<p>\n<b>27.2.</b>
AWS is responsible for maintaining access controls to the AWS GovCloud (US) Region
that limit AWS personnel’s physical and logical access to the “AWS Network” to US
Persons only.\nThe AWS Network consists of AWS’s internal data center facilities,
servers, networking equipment, and host software systems that are within AWS’s reasonable
control and are used to provide the AWS Services.\nYou are responsible for all physical
and logical access controls beyond the AWS Network including, but not limited to,
Customer or End User account access, data transmission, encryption, and appropriate
storage and processing of your Content within the AWS GovCloud (US) region.\nAWS
makes no representation or warranty related to the US Persons status of any Customer
or End Users that may be granted access to the AWS GovCloud (US) Region by other
Customers and their End Users.</p>\n<p>\n<b>27.3.</b> You are responsible for verifying
the adequacy of the AWS GovCloud (US) Region for the processing and storage of your
Content and that your use of AWS Services will comply with the laws and regulations
that may govern your Content.\nYou are also solely responsible for verifying that
End Users are eligible to access your Content in the AWS GovCloud (US) region.</p>\n<p>\n<b>27.4.</b>
You may only use Amazon VPC to connect your computing resources to the AWS GovCloud
(US) region.</p>\n<p>\n<b>27.5.</b> AWS Services may not be used to process or store
classified data.\nIf you or your end users introduce classified data into the AWS
Network, you will be responsible for all sanitization costs incurred by AWS.</p>
28.\nAmazon DynamoDB <p>\n<b>28.1.</b> You will be charged for the throughput capacity
(reads and writes) you provision in your Amazon DynamoDB tables even if you do not
fully utilize the provisioned capacity.</p>\n<p>\n<b>28.2.</b> The actual reads
and writes performance of your Amazon DynamoDB tables may vary and may be less than
the throughput capacity that you provision.</p>\n<p>\n<b>28.3. </b>Reserved
Capacity Pricing.\nYou may purchase reserved throughput capacity (reads and writes)
subject to the pricing and payment terms set forth on the Amazon DynamoDB detail
page on the AWS Site (<b>“Amazon DynamoDB Reserved Capacity”</b>).\nYou may purchase
Amazon DynamoDB Reserved Capacity by submitting a request through the AWS console.\nWhen
you purchase Amazon DynamoDB Reserved Capacity, you must designate a region, quantity,
and term.\nYou will be charged (1) a one-time, up-front fee and (2) an hourly fee
for each hour during the term based on the amount of Amazon DynamoDB Reserved Capacity
you purchase.\nThe Amazon DynamoDB Reserved Capacity may only be used in the designated
region and only by the account that purchased the Amazon DynamoDB Reserved Capacity.\nWe
may change the pricing for Amazon DynamoDB Reserved Capacity at any time, but price
changes will not apply to previously purchased Amazon DynamoDB Reserved Capacity.\nWe
may terminate the Amazon DynamoDB Reserved Capacity program at any time.\nAmazon
DynamoDB Reserved Capacity is nontransferable and all amounts paid in connection
with the Amazon DynamoDB Reserved Capacity are nonrefundable, except that if we
terminate the Agreement (other than for cause) or the Amazon DynamoDB Reserved Capacity
program, we will refund you a pro rata portion of any up-front fee paid in connection
with any previously purchased Amazon DynamoDB Reserved Capacity.\nUpon expiration
or termination of the term of any Amazon DynamoDB Reserved Capacity, standard on-demand
usage prices will apply to your use of Amazon DynamoDB.\nAmazon DynamoDB Reserved
Capacity is also subject to all storage, data transfer and other fees applicable
under the Agreement.</p>\n<p>\n<b>28.4. </b>You may install the local version
of DynamoDB only on computer equipment owned or controlled by you and may use it
solely (a) for your internal business purposes and (b) in connection with the Services.\nYour
use of DynamoDB Local is governed by the DynamoDB Local License Agreement, located
here: DynamoDB Local License Agreement.</p> 29.\nAWS Storage Gateway <p>\n<b>29.1. </b>You
may only use the AWS Storage Gateway on computer equipment owned or controlled by
you for your internal business purposes, solely to access Your Content used in connection
with the Services.\nYour use of the AWS Storage Gateway is governed by the AWS Storage
Gateway License, located here: AWS Storage Gateway License Agreement.</p> 30.\nAWS
Marketplace <p>\n<b>30.1.\n</b>The AWS Marketplace is a venue operated by AWS that
allows Content to be offered, sold, and bought.\nContent may be sold by AWS or a
third party, and the party offering or selling the Content may specify separate
terms and conditions and privacy policies for the use of the Content.\nIf the Content
is offered or sold by a third party, that party will be the seller of record for
the Content.\nAWS is not a party to the terms with respect to Content offered or
sold by third parties.\nAny Content of third parties offered through the AWS Marketplace
constitutes “Third Party Content” under the Agreement.\nWhile AWS may help facilitate
the resolution of disputes between you and third parties, AWS is not responsible
for Third Party Content and has no control over and does not guarantee the quality,
safety or legality of items advertised, the truth or accuracy of Third Party Content
or listings, or the ability of sellers to offer the Content.</p>\n<p>\n<b>30.2.\n</b>Except
to the extent Content is provided to you under a separate license that expressly
states otherwise, neither you nor any End User may, or may attempt to, (a) modify,
alter, tamper with, repair, or otherwise create derivative works of any Content,
(b) reverse engineer, disassemble, or decompile the Content or apply any other process
or procedure to derive the source code of any software included in the Content,
(c) resell or sublicense the Content, (d) transfer Content outside the Services
without specific authorization to do so, or (e) tamper with or circumvent any controls
or make unauthorized copies of the Content.</p>\n<p>\n<b>30.3.\n</b>AWS may stop
providing the AWS Marketplace (or any features of or listings within the AWS Marketplace)
to you at AWS’s sole discretion, without prior notice to you.\nIn addition, AWS
may disable or remove Content already purchased, if AWS determines in its sole discretion
that the Content may violate any AWS policies or any other regulations, policies
or laws.</p>\n<p>\n<b>30.4.\n</b>You authorize AWS, its affiliates, and its third-party
payment processors and any service providers to charge the payment method you select
in your AWS account for Content that you purchase in the AWS Marketplace.\nThis
may include one-time payments as well as recurring payments.\nA “recurring payment”
is a payment that occurs at the specified intervals and amounts provided at the
time of purchase (e.g.\nannually or monthly).\nThe applicable fees and billing periods
for the Content are listed on the confirmation screen when you place your order.\nYour
authorizations will remain until cancelled.\nYou may cancel your subscriptions at
any time by logging into “Your Software Subscriptions” on the AWS Site.\nUnless
we specify otherwise, only valid credit cards may be used to purchase a recurring
payment subscription.</p>\n<p>\n<b>30.5.\n</b>If you have provided your value added
tax (VAT) registration number to us so that it can be applied to your purchases
on AWS, then the information you provide with your registration (including your
VAT registration number and the name and address associated with your VAT registration)
will be shared with third parties from whom you have purchased software on the AWS
Marketplace to the extent necessary for those third parties to comply with VAT invoicing
regulations and requirements.</p>\n<p>\n<b>30.6.</b> You are responsible for any
AWS Marketplace purchases made with your account, which includes third party terms
agreed to with your account, even if the purchase was made by an End User through
your account.<br>\n</p> 31.\nAWS Data Pipeline <p>\n<b>31.1. </b>You may only
use the AWS Data Pipeline on computer equipment owned or controlled by you for your
internal business purposes, solely to access Your Content used in connection with
the Services.</p>\n<p>\n<b>31.2.</b> Your use of the AWS Data Pipeline Remote Runner
is governed by the AWS Data Pipeline Remote Runner License, located here: AWS Data
Pipeline Remote Runner License Agreement.<br>\n</p> 32.\nAmazon Elastic Transcoder
<p>\n<b>32.1. </b>The further distribution of files created by Amazon Elastic
Transcoder may require that you obtain license rights from third parties, including
owners or licensors of certain third party audio and video formats.\nYou are solely
responsible for obtaining these licenses and paying any necessary royalties or fees.</p>\n<p>\n<b>32.2. </b>We
do not represent, warrant or guarantee the quality of any files you create through
your use of Amazon Elastic Transcoder or that the files will be of a certain fidelity
or error free.</p> 33.\nAWS OpsWorks <p>\n<b>33.1. </b>“AWS OpsWorks” means
AWS OpsWorks Stacks, AWS OpsWorks for Chef Automate, and AWS OpsWorks for Puppet
Enterprise.\nYou may use AWS OpsWorks to create a collection of AWS resources and
provision them.</p>\n<p>\n<b>33.2.</b> You may install and use the AWS OpsWorks
agent solely with AWS OpsWorks.\nYour use of the AWS OpsWorks agent is governed
by the AWS Opsworks Client License Agreement, located here: AWS OpsWorks Client
License Agreement.</p>\n<p>\n<b>33.3.</b> AWS may make sample templates available
for you to use in connection with AWS OpsWorks.\nSample templates may include Puppet
modules, Puppet Tasks, Chef recipes, and/or sample code.\nAll sample templates are
offered “as is” and you are solely responsible for your use of the sample templates.\nAny
templates you use in connection with AWS OpsWorks must comply with the Agreement
and the AWS Acceptable Use Policy and you are solely responsible for your use of
any templates.</p>\n<p>\n<b>33.4.\n</b>In addition to any charges you incur for
your use of AWS OpsWorks, you are responsible for all fees incurred for AWS Services
used in connection with AWS OpsWorks.</p>\n<p>\n<b>33.5.\n</b>AWS OpsWorks for Chef
Automate.</p>\n<p>\n<b>33.5.1.</b> By using AWS OpsWorks for Chef Automate, you
will create a managed Chef server and you are responsible for the charges for the
Amazon EC2 instance used to run your managed Chef server.</p>\n<p>\n<b>33.5.2.</b>
In addition to the terms for AWS OpsWorks for Chef Automate, your use of AWS OpsWorks
for Chef Automate is also subject to Chef Software Inc.’s end user license agreement,
currently located here: https://www.chef.io/aws_eula/.</p>\n<p>\n<b>33.6.\n</b>AWS
OpsWorks for Puppet Enterprise.</p>\n<p>\n<b>33.6.1.\n</b>By using AWS OpsWorks
for Puppet Enterprise, you will create a managed Puppet server and you are responsible
for the charges for the Amazon EC2 instance used to run your managed Puppet server.</p>\n<p>\n<b>33.6.2.</b>
In addition to the terms for AWS OpsWorks for Puppet Enterprise, your use of AWS
OpsWorks for Puppet Enterprise is also subject to Puppet, Inc.’s end user license
agreement, currently located here: AWS OpsWorks Client License Agreement.<br>\n</p>
34.\nAWS CloudHSM <p>\n<b>34.1. </b>You may not access, modify, update or tamper
with, or attempt to access, modify, update or tamper with, any of the software installed
on the HSM, except as expressly permitted by us.</p>\n<p>\n<b>34.2.</b> As part
of the AWS CloudHSM service, AWS will provide access to HSMs of its choosing.\nYou
have no ownership or rental rights in the specific HSM to which we provide you access
in the course of providing the AWS CloudHSM service.</p>\n<p>\n<b>34.3.</b> In conjunction
with the AWS CloudHSM service, you may be allowed to use certain software (including
related documentation) developed and owned by SafeNet, Inc.\nor its licensors (collectively,
the <b>“SafeNet Software”</b>).\nIf you use the SafeNet Software, SafeNet and its
licensors require that you agree to the additional terms and conditions located
here.</p>\n<p>\n<b>34.4.</b> Failure of an HSM can result in unrecoverable data
loss.\nWe do not implement fault tolerant configurations on your behalf.\nYou are
solely responsible for configuring your HSMs in appropriate fault tolerant configurations.</p>
35.\nAmazon AppStream and Amazon AppStream 2.0 <p>\n<b>35.1.\n</b>When you use Amazon
AppStream and Amazon AppStream 2.0 (collectively, “AppStream”), you also use Amazon
EC2, CloudWatch and AutoScaling, S3, and DynamoDB, and your use of AppStream is
subject to all the terms that govern those services.</p>\n<p>\n<b>35.2.</b> The
software and other content that you upload to run on AppStream (including your AppStream
hosted application, dependencies and installer), your AppStream entitlement service,
and your AppStream client software are Your Content.\nThe use of Your Content with
AppStream, including the transmission of internet video and your distribution of
any video decoder in your AppStream client software, may require that you obtain
license rights from third parties.\nYou are solely responsible for obtaining necessary
licenses and paying any necessary royalties or fees applicable to Your Content.</p>\n<p>\n<b>35.3.</b>
Using Third Party Software.\nIn conjunction with the Services, you may be allowed
to use certain software (including related support, maintenance, and documentation)
developed, owned or provided by third parties or their licensors.\nUse of third
party software is subject to these additional terms and conditions:</p>\n<p>(a)
NVIDIA Software.\nIf your application uses the NVIDIA graphics processing unit (GPU)
on an AppStream instance, NVIDIA Corporation and its licensors require that you
agree to these additional terms and conditions:</p>\n<p>Use of the NVIDIA GPU in
an AppStream instance requires that you use driver software developed and owned
by NVIDIA Corporation or its licensors.\nYour use of the NVIDIA driver software
is subject to the terms and conditions of the License for Customer Use of NVIDIA
driver software, currently located at http://www.nvidia.com/content/DriverDownload-March2009/licence.php?lang=us
(the “NVIDIA License”).\nBy using the NVIDIA Software, you hereby agree to be bound
by the terms of the NVIDIA License.</p>\n<p>By using the NVIDIA GPU in an AppStream
instance, you are using NVIDIA Corporation’s GRID Software, and you agree to be
bound by the terms and conditions of the NVIDIA GRID Cloud End User License Agreement
located at http://aws-nvidia-license-agreement.s3.amazonaws.com/NvidiaGridAWSUserLicenseAgreement.DOCX.</p>\n<p>\n<b>35.4.\n</b>We
may collect information about Your Content’s use of AppStream, including CPU and
GPU utilization, memory usage, IO performance, client type, client session length,
transmission latency, client geographic and network locations, video and audio quality,
and error and information messages.</p>\n<p>\n<b>35.5.</b> AppStream Stand-Alone.\nAppStream
Materials.\nWe may make AppStream software and other materials (“AppStream Materials”)
available to you on instances running in your own AWS account (“AppStream Stand-Alone”).\nAppStream
Stand-Alone may only be used for your evaluation, development and testing purposes,
and not for streaming your application to third party end users.\nAppStream Stand-Alone
may enable you to direct us to pre-install certain third-party software on the instance
via the applicable CloudFormation template.\nThat third-party software may be subject
to separate license terms and you are solely responsible for complying with those
terms.\nAppStream Materials used on AppStream Stand-Alone are AWS Content and are
subject to the license restrictions set out in the Agreement.\nYou will only use
the AppStream Materials on the AppStream Stand-Alone instance, and you will not
download, transmit, or otherwise remove the AppStream Materials from AppStream Stand-Alone
instances.</p>\n<p>\n<b>35.6.</b> If you use the AppStream User Pool feature
to enable End Users to access applications, you agree that we may store and process
emails associated with such End Users in AWS Regions outside the AWS Regions where
you are using AppStream solely in connection with, and for the sole purpose of,
sending email notifications to such End Users to enable them to access AppStream
and their assigned applications.<br>\n</p> 36.\nAmazon WorkSpaces <p>\n<b>36.1.\n</b>Any
Content that you or any End User run on, cause to interface with, or upload to your
WorkSpaces is Your Content.\nYou are responsible for maintaining licenses and adhering
to the license terms of any of Your Content on your WorkSpaces.</p>\n<p>\n<b>36.2.\n</b>Using
Microsoft Software.\nIn conjunction with the Services, you and your End Users may
be allowed to use Microsoft Software.\nIf you choose to use the Microsoft Software,
Microsoft and its licensors require that you agree to the additional terms and conditions
specified in Section 4.2 above.</p>\n<p>\n<b>36.3.</b> You and End Users may only
use the WorkSpaces Services for an End User’s personal or office productivity.\nWorkSpaces
are not meant to accept inbound network connections, be used as server instances,
or serve web traffic or your network traffic.\nYou may not reconfigure the inbound
network connections of your WorkSpaces.\nWe may shut down WorkSpaces that are used
in violation of this Section or other provisions of the Agreement.</p>\n<p>\n<b>36.4.\n</b>You
and End Users may only use the WorkSpaces client software on computer equipment
owned or controlled by you or your End Users for your internal business purposes,
solely to access Your Content used in connection with the Services.\nYour use of
the WorkSpaces client software is governed by the WorkSpaces Client Software License
Agreement located here: WorkSpaces Client Software License Agreement.</p>\n<p>\n<b>36.5.\n</b>As
part of regular operation the Service will be able to perform configurations, health
checks, and diagnostics on a regular basis.\nTo complete these tasks the Service
will use programmatic access that is provisioned as part of the WorkSpace creation.\nDuring
the performance of these tasks, the Service may only retrieve performance and log
information tied to the operation and management of the Service.</p>\n<p>\n<b>36.6.\n</b>The
charges for the Service apply on a monthly basis.\nIf a WorkSpace is launched after
the first of a month, then the monthly price for that WorkSpace will be adjusted
on a pro rata basis from the first day it was active to the end of that month.\nIf
a WorkSpace is terminated before the end of a month, then the monthly charge will
still apply.</p>\n<p>\n<b>36.7.</b> The charges for the Service include the cost
of streaming data between your WorkSpaces and End Users’ devices unless you stream
via VPN, in which case you will be charged VPN data transfer rates in addition to
any applicable Internet data transfer changes.\nOther WorkSpace data transfer will
be charged using Amazon EC2 data transfer pricing.</p>\n<p>\n<b>36.8.\n</b>You may
not attempt to tamper with any software we pre-load on the WorkSpace instance (including
the operating system software running on the WorkSpace), or in a way that is not
part of normal operations or that attempts to circumvent charges for the Service.\nDuring
the regular operation of the Service, software installed on any of your WorkSpaces
may activate against a license activation server hosted by AWS.\nYou may not attempt
to tamper with or use this license activation server in a way that is not part of
normal operations or that attempts to circumvent charges for the Service.\nWe may
block access to the Service, and suspend your account, if we determine that you
are in violation of this Section.</p>\n<p>\n<b>36.9.\n</b>As part of regular operation
of the service, WorkSpaces may be updated with latest operating system and software
patches.\nDuring such updates, only software, documents, and settings that are part
of the OS image used for the WorkSpace or part of a user’s profile (D: drive in
the WorkSpace) will persist.</p>\n<p>\n<b>36.10.</b> Microsoft BYOL Licensing.\nUnder
this option, Amazon WorkSpaces enables you to provision WorkSpaces using your Microsoft
Software and Microsoft Licenses (the “WorkSpaces BYOL Program”).You must be eligible
to use the WorkSpaces BYOL Program for the applicable Microsoft software under your
agreement(s) with Microsoft.\nYou are solely responsible for obtaining all required
licenses and for complying with all applicable Microsoft licensing requirements,
including the Product Use Rights/Product Terms.\nFurther, you must have accepted
Microsoft's End User License Agreement (Microsoft EULA), and by using Microsoft
Software under the WorkSpaces BYOL Program, you agree to the Microsoft EULA.\nYou
agree that you have determined that your use of the WorkSpaces BYOL Program will
comply with the applicable Microsoft licensing requirements.\nUsage of the Services
in violation of your agreement(s) with Microsoft is not authorized or permitted.\nAWS
recommends that you consult with your own advisors to understand and comply with
the applicable Microsoft licensing requirements.</p>\n<p>\n<b>36.11.\n</b>You are
responsible for End Users use of your WorkSpaces.\nYou are responsible for determining
End User policies and configuring End User policy controls for WorkSpaces.<br>\n</p>
37.\nAmazon Cognito <p>\n<b>37.1. </b>Any third party identity provider that
you use in connection with Amazon Cognito is Third Party Content under the Agreement,
and features of Amazon Cognito that depend on such identity providers may not be
secure, uninterrupted or error-free.\nYour use of such an identity provider is subject
to the provider’s terms and conditions, and you are solely responsible for complying
with those terms and conditions.\nWe may change, discontinue, or deprecate support
for an identity provider for any reason and at any time.</p>\n<p>\n<b>37.2. </b>You
are responsible for (a) providing legally adequate privacy notices to your end users.\n(b)
obtaining any necessary consent from the end user for the collection, use, transfer,
and storage of any name, password, other login information, or personally identifiable
information or personal data of any end user that you (or any third-party plug-in
or service provider you use) may access.\n(c) using and authorizing others to access
and use the information only for the purposes permitted by the end user.\nand (d)
ensuring the information is collected, used, transferred, and stored in accordance
with all laws, rules, and regulations applicable in jurisdictions in which your
applications are used.</p>\n<p>\n<b>37.3.\nCognito Identity User Pools.</b>\n</p>\n<p>\n<b>37.3.1.</b>
You are solely responsible, and we have no liability, for any activities that result
by your use of Cognito User Pools, regardless of whether such activities are undertaken
by you, your employees, agents, and/or subcontractors.</p>\n<p>\n<b>37.3.2.</b>
You may create Cognito User Pools in association with your AWS Account pursuant
to the Terms of this Agreement.\nYou are responsible for the creation and security
(including enabling of access) of any Cognito User Pools enabled by your AWS Account.\nIn
the event a particular Cognito User Pool(s) has no active users within a reasonable
amount of time we may delete in our sole discretion, and without liability of any
kind, such Cognito User Pool(s) upon thirty (30) days prior notice to you.\nYou
may contact AWS Support if you would like your user data exported to a file prior
to deletion.</p>\n<p>\n<b>37.3.3.</b> You are responsible for all applicable fees
associated with use of the Services in connection with Cognito User Pools.\nCognito
User Pools uses SES to send email messages and Amazon SNS to send SMS messages.\nYour
use of Cognito User Pools is subject to the Amazon SNS and SMS Service Terms.</p>
38.\nAmazon WorkDocs <p>\n<b>38.1. </b>Amazon WorkDocs from the Asia Pacific
(Tokyo) Region is sold and provided by AMCS LLC and not AWS, but is otherwise subject
to the terms of the Agreement.</p>\n<p>\n<b>38.2.</b> You will need an AWS account
to start using the Service Offering.\nOnce you have enabled Amazon WorkDocs under
your account, End Users can be invited to join, sign up, and start using the Service
Offering under your account without each one having a separate AWS account.</p>\n<p>\n<b>38.3.</b>
You are responsible for paying the fees for use by you and your End Users of the
Service Offering associated with your AWS account.</p>\n<p>\n<b>38.4. </b>Within
the Service Offering, your End User accounts are managed by End Users with administrative
privileges (“<b>WorkDocs Administrators</b>”).\nThese WorkDocs Administrators can
access information about the accounts of other End Users, such as when they last
logged in, what documents they viewed, etc.\nThese WorkDocs Administrators can also
deactivate other End Users’ accounts and control access to certain functionality,
such as restricting the ability to share files with external domains or changing
their storage limits.</p>\n<p>\n<b>38.5.</b> We may limit the number of versions
that you can store for each file.\nWe will announce any change in limits to the
number of versions that you may store in advance of implementing those limits.</p>\n<p>\n<b>38.6.</b>
We may delete, without liability of any kind, any of your End Users’ data or Content
uploaded to Amazon WorkDocs if the End User is marked “Inactive” in Amazon WorkDocs’
Administrator Dashboard and has not been billed for more than 30 days.\nWe may also
delete your Amazon WorkDocs site and Content when you have no End Users marked “Active”
within Amazon WorkDocs Administrator Dashboard for more than 30 days.</p>\n<p>\n<b>38.7. </b>If
no End User accounts associated with your AWS account have registered any usage
of the Service Offering for several months, then we may delete the inactive End
Users’ accounts after providing 30 days’ notice.</p>\n<p>\n<b>38.8.</b> You and
your End Users may not use the Service Offering to host any files that violate the
AWS Acceptable Use Policy.\nIf we determine, in our sole discretion, that your use
of the Service Offering may be in violation of the AWS Acceptable Use Policy or
the Agreement, then we may delete those files.</p>\n<p>\n<b>38.9. </b>Your
use of the Amazon WorkDocs Sync Software is governed by the Amazon WorkDocs Sync
License Agreement found here: Amazon WorkDocs Sync License Agreement.</p>\n<p>\n<b>38.10.</b>
Your use of an Amazon WorkDocs Application is governed by the Amazon WorkDocs Application
License Agreement found here: Amazon WorkDocs Application License Agreement.</p>\n<p>\n<b>38.11.</b>
Your use of the Amazon WorkDocs Web Clipper is governed by the Amazon WorkDocs Web
Clipper License Agreement found here: Amazon WorkDocs Web Clipper License Agreement.</p>\n<p>\n<b>38.12. </b>Open
with Office 365 is Third Party Content provided by Microsoft.\nBy using Open with
Office 365, you are subject to Microsoft’s terms of use and privacy policy.\nYou
are solely responsible for obtaining all required licenses from Microsoft to use
Open with Office 365 and for complying with all applicable Microsoft licensing requirements.</p>\n<p>\n<b>38.13. </b>The
Hancom document editing service is Third Party Content.\nYour use of the Hancom
document editing service through the Service Offering is subject to the Hancom Terms
of Service.\nIf you do not accept the Hancom Terms of Service applicable to the
Hancom document editing service, then do not enable and use the Hancom document
editing service.\nIf you enable and use the Hancom document editing service, Hancom
will have access to the contents of the document being edited and the End User’s
user name and profile picture.\nHancom is only authorized by AWS to access the above
information for the purpose of providing the Hancom document editing service and
only for the duration of the editing session.</p> 39.\nAmazon Pinpoint <p>\n<b>39.1. </b>Your
Data.\nPrivacy.\nYou are solely responsible for all information and data you collect
or store using Amazon Pinpoint (“Your Data”).\nYour Data is included in the definition
of Your Content.\nWithout limiting your obligations under Sections 4 and 9 of the
Agreement, you must (a) provide any necessary notice to, and obtain any necessary
consent from, End Users for the collection, use, transfer, and storage of Your Data
(including by us), and (b) collect, use, transfer, and store Your Data in accordance
with any privacy notice you provide, and all applicable laws.</p>\n<p>\n<b>39.2. </b>Amazon
Pinpoint utilizes underlying functionality from the Amazon Simple Notification Service
(Amazon SNS) and Amazon Simple Email Service (SES), and your use of Amazon Pinpoint
is subject to the terms that govern those Services.</p>\n<p>\n<b>39.3.</b> When
you use Amazon Pinpoint to send push notifications, you are responsible for: (a)
obtaining all necessary certificate(s) and/or license(s) from push notification
service providers.\nand (b) ensuring you have all necessary legal and data privacy
terms in place with push notification service providers, including terms necessary
to comply with applicable law (including the EU General Data Protection Regulation).</p>\n<p>\n<b>39.4.</b>
Mobile Analytics features and functionality are now incorporated into Amazon Pinpoint,
and references to Amazon Pinpoint in these Service Terms will include reference
to such features and functionality.</p> 40.\nAWS Config <p>\n<b>40.1.</b> You are
responsible for all fees incurred for Services, such as Amazon SNS and Amazon S3,
used in connection with AWS Config.</p> 41.\nAWS CodeDeploy <p>\n<b>41.1.</b> AWS
CodeDeploy to Amazon EC2 instances is offered at no additional charge but requires
the use of other AWS Services.\nAWS CodeDeploy to on-premises instances is offered
at the then current fees and charges that are posted on the AWS CodeDeploy detail
page on the AWS Site.\nand may also be used with other AWS Services.\nYou are responsible
for all fees incurred for Services used in connection with AWS CodeDeploy.</p>\n<p>\n<b>41.2.</b>
AWS may make available reference or sample AppSpec configuration files and applications
for you to use in connection with AWS CodeDeploy.\nThese files and applications
are provided “as is”, and you are solely responsible for your use of such files
and applications.\nYou will be charged the same fees for running them as you would
be charged for running your own application.</p> 42.\nAWS Lambda <p>\n<b>42.1.</b>
You are responsible for Your Content, including (a) the performance of software
you use with AWS Lambda and any reference libraries we provide and (b) maintaining
licenses and adhering to the license terms of any software you run.</p>\n<p>\n<b>42.2.</b>
You are responsible for all fees incurred for Services used in connection with AWS
Lambda.</p>\n<p>\n<b>42.3.</b> We may delete, upon 30 days’ notice to you and without
liability of any kind, any of Your Content uploaded to AWS Lambda if it has not
been run for more than three (3) months.</p> 43.\nAmazon WorkMail <p>\n<b>43.1.</b>
The charges for the Service apply on a monthly basis.\nIf an End User account is
created after the first of a month, then the monthly fee for that mailbox will be
adjusted on a pro rata basis from the first day it was active to the end of that
month.\nIf an End User account is terminated or deleted before the end of a month,
then the monthly fee for that End User account will still apply.\nYou are responsible
for paying the fees for all End User accounts associated with your AWS account.</p>\n<p>\n<b>43.2. </b>Amazon
WorkMail allows you to register a test mail domain (e.g.\n<yourname>.awsapps.com).\nYou
can use the test mail domain as long as you are using Amazon WorkMail.\nIf you stop
using Amazon WorkMail, the test mail domain may become available to be registered
and used by other Customers.\nYou cannot use the test mail domain for other purposes
outside of Amazon WorkMail.</p>\n<p>\n<b>43.3.</b> If your use of Amazon WorkMail
is terminated, we may delete your data and your End Users’ mailboxes.</p>\n<p>\n<b>43.4.</b>
When you use Amazon WorkMail, you also use AWS Key Management Service, AWS IAM,
and Amazon SES, and your use of Amazon WorkMail is subject to the terms that govern
those services.\nYou are responsible for the separate fees you may accrue for using
AWS Key Management Service.</p>\n<p>\n<b>43.5.</b> Amazon WorkMail provides a filtering
service designed to filter unwanted emails, such as spam, phishing emails, and email
infected with viruses.\nYou acknowledge that the technological limitations of the
filtering service will likely result in the capture of some legitimate email, and
the failure to capture some unwanted email, including email infected with viruses.</p>\n<p>\n<b>43.6.</b>
Your mail domain and End Users’ accounts may be blocked, delayed or prevented from
being delivered by destination email servers and other reasons outside of our control.\nYour
payment obligations continue regardless of whether delivery of your emails is prevented,
delayed, or blocked.</p>\n<p>\n<b>43.7.</b> You agree not to use Amazon WorkMail
for sending:</p>\n<ul>\n<li>Bulk emails, such as mass marketing emails</li>\n<li>Unsolicited
and unwanted emails</li>\n<li>Phishing emails</li>\n</ul>\n<p>\n<b>43.8.</b> Your
use and your End Users’ use of Amazon WorkMail must comply with the AWS Acceptable
Use Policy, applicable law, and the Agreement.\nYou are solely responsible for understanding
and complying with the legal and regulatory requirements applicable to your business.\nYou
are solely responsible for ensuring any emails you or your End Users send using
Amazon WorkMail comply with the Federal CAN-SPAM Act and all other applicable law.\nYou
agree that AWS is not the “sender” of any emails you or your End Users send using
Amazon WorkMail as defined in the Federal CAN-SPAM Act and all other applicable
laws.</p>\n<p>\n<b>43.9. </b>Amazon WorkMail may log and use information such
as server hostnames, IP addresses, timestamps, mail queue file identifiers, and
spam filtering information for the purpose of troubleshooting or improving Amazon
WorkMail.<br>\n</p> 44.\nAmazon Machine Learning <p>\n<b>44.1.</b> You may only
use Amazon Machine Learning (“<b>Amazon ML</b>”) to process Your Content.\nYou are
solely responsible for the proper configuration of all security settings associated
with Amazon ML.</p>\n<p>\n<b>44.2.</b> We retain all rights to all improvements
we make to any Amazon websites or technologies, including any and all improvements
resulting from or related to Amazon ML processing Your Content.</p>\n<p>\n<b>44.3.</b>
We may delete, without liability of any kind, any Amazon ML object that remains
inactive for more than the number of days specified in the user documentation.</p>\n<p>\n<b>44.4. </b>You
are responsible for all fees incurred from your use of Amazon ML regardless of the
quality of the results obtained.\nYour use of Amazon ML requires the use of other
Services.\nYou are responsible for all fees incurred for Services used in connection
with Amazon ML.</p> 45.\nAmazon WorkSpaces Application Manager (Amazon WAM) <p>\n<b>45.1.</b>
Any Content that you or any End User run on, cause to interface with, or upload
to Amazon WorkSpaces Application Manager (Amazon WAM) via the Amazon WAM Admin Studio
is Your Content.</p>\n<p>\n<b>45.2.</b> You are responsible for maintaining licenses
and adhering to the license terms of any of Your Content delivered via Amazon WAM
to your WorkSpaces.</p>\n<p>\n<b>45.3.</b> As part of regular operation of Amazon
WAM, the Service will be able to perform configurations, health checks, and diagnostics
on a regular basis.\nTo complete these tasks the Service will use programmatic access
that is provisioned as part of Amazon WAM.\nDuring the performance of these tasks,
the Service may only retrieve performance and log information tied to the operation
and management of the Service.</p>\n<p>\n<b>45.4.</b> As part of regular operation
of Amazon WAM, the Service will use the End User and machine identity that is part
of your AWS Directory Services environment to check for content that an End User
is entitled to use.\nIn addition, content installed on any of your WorkSpaces may
activate against a license activation server hosted by AWS.\nYou may not attempt
to tamper with this license activation server, or use it in a way that is not part
of normal operations or that attempts to circumvent this Service.\nWe may block
access to this Service, and suspend your account, if we determine that you are in
violation of this Section.</p>\n<p>\n<b>45.5.</b> The charges for the Service apply
on a monthly basis.\nIf Amazon WAM is enabled for an End User after the first of
a month, then the monthly price for that End User’s subscription will be adjusted
on a pro rata basis from the first day it was active to the end of that month.\nIf
Amazon WAM is disabled for an End User before the end of a month, then the entire
monthly charge will still apply.</p>\n<p>\n<b>45.6.</b> When you use Amazon WAM,
including Amazon WAM Admin Studio and Amazon WAM Admin Player applications, you
may also use other AWS Services, and use of other AWS Services is subject to the
terms that govern those Services.\nIn addition to any charges you incur for your
use of Amazon WAM, including Amazon WAM Admin Studio and Amazon WAM Admin Player
applications, you are responsible for all fees incurred for AWS Services used in
connection with Amazon WAM, including Amazon WAM Admin Studio and Amazon WAM Admin
Player applications.</p>\n<p>\n<b>45.7. </b>Amazon WAM Admin Studio, Amazon
WAM Admin Player, and Amazon WAM desktop applications are AWS Content and may not
be manipulated or reverse engineered in any way.</p>\n<p>\n<b>45.8.</b> You may
use the Amazon WAM Admin Studio only to package applications, and the Amazon WAM
Admin Player only to validate applications, that will be delivered via Amazon WAM
to your WorkSpaces.\nYou may not tamper with either of those applications that we
preload as part of the Amazon WAM Admin Studio or Player, the underlying Amazon
EC2 AMI, or use the Amazon WAM Admin Studio or Player in a way that is not part
of normal operations or that attempts to circumvent this Service.</p>\n<p>\n<b>45.9.</b>
You may not attempt to tamper with any software that is part of the Amazon WAM service
that we preload on the WorkSpace instance, or use it in a way that is not part of
normal operations or that attempts to circumvent this Service.</p>\n<p>\n<b>45.10. </b>As
part of regular operation of the Service, we may update Amazon WAM desktop applications
with software patches.</p>\n<p>\n<b>45.11.</b> You are responsible for End Users
use of Amazon WAM.\nYou are responsible for determining End User policies and configuring
End User policy controls for using applications via Amazon WAM.</p> 46.\nAWS Marketplace
for Desktop Apps <p>\n<b>46.1.</b> The AWS Marketplace for Desktop Apps is a venue
operated by AWS that allows Content to be offered, sold, and bought.\nContent may
be sold by AWS or a third party, and the party offering or selling the Content may
specify separate terms and conditions and privacy policies for the use of the Content.</p>\n<p>\n<b>46.2. </b>Except
to the extent Content is provided to you under a separate license that expressly
states otherwise, neither you nor any End User may, or may attempt to, (a) modify,
alter, tamper with, repair, or otherwise create derivative works of any Content,
(b) reverse engineer, disassemble, or decompile the Content or apply any other process
or procedure to derive the source code of any software included in the Content,
(c) resell or sublicense the Content, (d) transfer Content outside the Services
without specific authorization to do so, or (e) tamper with or circumvent any controls
or make unauthorized copies of the Content.</p>\n<p>\n<b>46.3. </b>AWS may
stop providing the AWS Marketplace for Desktop Apps (or any features of or listings
within the AWS Marketplace for Desktop Apps) to you at AWS’s sole discretion, without
prior notice to you.\nIn addition, AWS may disable or remove Content already purchased,
if AWS determines in its sole discretion that the Content may violate any AWS policies
or any other regulations, policies or laws.</p>\n<p>\n<b>46.4. </b>You authorize
AWS, its affiliates, and its third-party payment processors and any service providers
to charge the payment method you select in your AWS account for Content that you
purchase in the AWS Marketplace for Desktop Apps.\nThis may include one-time payments
as well as recurring payments.\nA “recurring payment” is a payment that occurs at
the specified intervals and amounts provided at the time of purchase (e.g., annually
or monthly).\nThe applicable charge for the Content is listed on the confirmation
screen when you place your order.\nYour authorizations will remain until cancelled.\nIf
a subscription is purchased after the first of a month, then the monthly price for
that Content will be adjusted on a pro rata basis from the first day it was active
to the end of that month.\nIf a subscription is cancelled before the end of a month,
then the entire monthly charge will still apply.\nUnless we specify otherwise, only
valid credit cards may be used to purchase a recurring payment subscription.</p>\n<p>\n<b>46.5. </b>Third-party
support information for each subscription, if any, is set forth on the detail page
for the Content.\nWhile AWS may help facilitate the resolution of disputes between
you and third-party Content creators, for the Content, AWS does not guarantee the
quality, safety or legality of items advertised, and support for the Content is
the obligation of the third-party Content creator.</p>\n<p>\n<b>46.6. </b>If
the Content is offered, sold, or resold by AWS, then it is subject to the terms
on the Content’s detail page.\nIf the Content is offered or sold by a third party,
that party will be the seller of record for the Content.\nAWS is not a party to
the terms with respect to Content offered or sold by third parties.\nAny Content
offered or sold by third parties through the AWS Marketplace for Desktop Apps constitutes
“Third Party Content” under the Agreement.\nWhile AWS may help facilitate the resolution
of disputes between you and third parties, AWS is not responsible for Third Party
Content and has no control over and does not guarantee the quality, safety or legality
of items advertised, the truth or accuracy of Third Party Content or listings, or
the ability of sellers to offer the Content.</p> 47.\nAWS Directory Service <p>\n<b>47.1.</b>
In conjunction with your use of AWS Directory Service, you and your End Users may
be allowed to use Microsoft Software.\nIf you choose to use the Microsoft Software,
Microsoft and its licensors require that you agree to the additional terms and conditions
specified in Section 4.2 above.</p>\n<p>\n<b>47.2.</b> If your AWS account is suspended
for sixty (60) days or more, we may delete, without liability of any kind, Your
Content and directories that are stored in AWS Directory Service upon thirty (30)
days prior notice to you.</p>\n<p>\n<b>47.3.</b> We may terminate your AWS Directory
Service directory instance if you attempt to access, tamper with, or modify any
software or configuration we pre-load on the directory instance, including the operating
system software running on the directory instance.</p> 48.\nAmazon API Gateway <p>\n<b>48.1. </b>You
may use the Amazon API Gateway to publish, maintain, monitor, and secure Your Content
at any scale to accept and process concurrent API calls, including traffic management,
authorization and access control, monitoring, and API version management.</p>\n<p>\n<b>48.2.</b>
By using the Amazon API Gateway you acknowledge and agree that established throttling
thresholds may vary, cache services may be limited by us in our sole discretion,
and version capacity will not exceed 300 deployments per API at any given time.\nIn
addition and without limiting your obligations under the Agreement, you agree not
to and not to attempt to:</p>\n<p>(i) access any resources not assigned to you by
us.\nand/or</p>\n<p>(ii) perform any form of network discovery and/or load testing
of Your Content inside the Amazon API Gateway.</p>\n<p>\n<b>48.3.</b> You are solely
responsible for the access, operation, performance, and security of all Your Content
you use with Amazon API Gateway.</p> 49.\nAWS Device Farm <p>\n<b>49.1.</b> As part
of the AWS Device Farm, you may provide us with application package(s), test package(s)
(pre-compiled), test script source code, application extension files, and/or auxiliary
data files that have been developed by or for you in a format specified by AWS (each,
an “App” or “Apps”) for testing on one or more mobile devices, tablets or other
devices that we make available through the AWS Device Farm (each, a “Device(s)”).\nYou
may select one or more tests in the AWS Device Farm to be performed with your App(s)
on the Device(s) you select (a “Test” or “Testing”).</p>\n<p>\n<b>49.2.</b> For
any Test run on an Apple Device (each, an “Apple Test”), you represent and warrant
that you have an active and valid registered Apple Developer Account under the iOS
Developer Program License Agreement with Apple at the time any such Apple Test is
run.\nYou appoint us as your Authorized Developer (as defined in the iOS Developer
Program License Agreement) for the duration of all Apple Tests and understand that
you are responsible to Apple for all actions we undertake in connection with each
Apple Test.</p>\n<p>Without limiting your obligations under the Agreement, you agree
not to and not to attempt to:</p>\n<p>(i) perform any network discovery inside the
AWS Device Farm or otherwise in connection with the Test;</p>\n<p>(ii) access any
resources not assigned to you by us (including any Devices);</p>\n<p>(iii) generate
any internet traffic from within the EC2 instances of AWS Device Farm, unless approved
by us.\ninternet traffic should be limited to Devices only;</p>\n<p>(iv) attempt
to establish a direct connection to any Device, nor access or connect to other infrastructure
components except as permitted by us;</p>\n<p>(v) root, unlock, or jailbreak any
Device;</p>\n<p>(vi) modify any files generated by the AWS Device Farm in a manner
that would interfere with any Services;</p>\n<p>(vii) install persistent software
on Devices or EC2 instances.\nand/or</p>\n<p>(viii) factory reset or change settings
on Devices nor call and/or access third-party servers in a manner that would interfere
with any Services.</p>\n<p>\n<b>49.3.</b> You agree not to rely on any Testing or
Report for any purpose, including that any App(s) meet any requirements for inclusion
in any application repository of any kind (such as the Apple App Store or Google
Play Store).\nYou acknowledge and agree that we may disclose the App(s) to third
parties solely for purposes of conducting automated security verification.</p>\n<p>\n<b>49.4.</b>
We make no representation as to the availability of the AWS Device Farm.\nWe may
change the Tests, Reports or Device(s) offering(s) or any other components or services
that are a part of or available through the AWS Device Farm at any time.</p> 50.\nAmazon
Elasticsearch Service <p>\n<b>50.1.</b> Amazon Elasticsearch Service creates daily
automated snapshots of your Amazon Elasticsearch Service domains.\nWe will maintain
these automated snapshots for a period of 14 days after they are created.\nWe may
delete automated snapshots, without liability of any kind, at any time after 14
days.</p>\n<p>\n<b>50.2.</b> You may not access or tamper with any software we install
on the Amazon Elasticsearch Service domains.</p>\n<p>\n<b>50.3.</b> We may apply
software updates on your behalf if we determine there is a security vulnerability
in the system or software we install on the Amazon Elasticsearch Service domains.</p>
51.\nAWS Database Migration Service and AWS Schema Conversion Tool <p>\n<b>51.1. </b>The
AWS Database Migration Service is AWS Content, and you may install and/or use it
solely for the purpose of migrating data to or from Amazon DynamoDB (destination
only), Amazon RDS, Amazon Redshift, Amazon S3, or relational databases deployed
on Amazon EC2 (collectively, as supplemented by AWS from time to time, the “DMS
Supported Services”).\nNeither you nor any End User may use the AWS Database Migration
Service to migrate data, directly or indirectly, from a source that is not a DMS
Supported Service to a destination that is also not a DMS Supported Service.</p>\n<p>\n<b>51.2.</b>
AWS Database Migration Service and the AWS Schema Conversion Tool collect non-personally
identifiable metrics regarding your use of the Service Offerings, including the
types of database engines used, number of rows processed, duration of the migration
or conversion tasks, and migration or conversion task failure status.\nThese metrics
may be used by AWS to provide, maintain, and improve the quality and feature set
of the Service Offerings.</p>\n<p>\n<b>51.3.</b> The AWS Schema Conversion Tool
is AWS Content, and you may install and use it solely for the purpose of migrating
your database schemas to Amazon RDS, Amazon Redshift, or relational databases deployed
on Amazon EC2 (collectively, as supplemented by AWS from time to time, the “SCT
Supported Services”).\nNeither you nor any End User may distribute the AWS Schema
Conversion Tool or use it to migrate database schemas to a destination that is not
an SCT Supported Service.\nIf you would like to use the AWS Schema Conversion Tool
to migrate database schemas to a destination that is not an SCT Supported Service,
contact us for special pricing.</p> 52.\nAmazon Inspector <p>\n<b>52.1.</b> Amazon
Inspector, the Amazon Inspector Agent, and any components or files thereof are AWS
Content subject to the license restrictions set out in the Agreement.\nNeither you
nor any End User may, or may attempt to, distribute Amazon Inspector.</p>\n<p>\n<b>52.2.</b>
Some components of Amazon Inspector are governed by open source software licenses
identified in the notice file accompanying the Amazon Inspector Agent.\nYour license
rights with respect to these individual components are defined by the applicable
open source software license.</p>\n<p>\n<b>52.3.</b> As part of your use of Amazon
Inspector, you will need to install the Amazon Inspector Agent on your EC2 instance(s).\nAs
with any interaction between software and a host, this process may result in the
termination or replacement of your Amazon EC2 resources due to failure, retirement
or other AWS requirement(s).\nWe have no liability whatsoever for any damages, liabilities,
losses (including any corruption, deletion, or destruction or loss of data, applications
or profits), or any other consequences resulting from the foregoing.</p>\n<p>\n<b>52.4.</b>
We may apply software updates on your behalf to the Amazon Inspector Agent if we
determine there is a security vulnerability in or a need to update the system or
software we install for the Amazon Inspector Agent.</p>\n<p>\n<b>52.5.</b> Amazon
Inspector may retain and use information collected by the Amazon Inspector Agent
for up to 30 days for the purpose of troubleshooting or improving Amazon Inspector.</p>\n<p>\n<b>52.6.</b>
While Amazon Inspector facilitates the identification of security issues, we do
not represent, warrant, or guarantee that all security issues will be identified
or that your resources evaluated using Amazon Inspector, or altered based on recommendations
made by Amazon Inspector will be of a certain fidelity, error free, or comply with
a particular security standard.</p> 53.\nAWS Amplify <p>\n<b>53.1.</b> AWS Amplify
can be used to connect to other AWS Services as set forth in the Documentation.\nYou
are responsible for all fees incurred for AWS Services that you use in connection
with AWS Amplify.\nYou are responsible for maintaining licenses and adhering to
the license terms of any software you download and use in connection with AWS Amplify.\nYou
must own or have all necessary rights to use any domain name that you use in conjunction
with AWS Amplify.<br>\n</p> 54.\nAWS IoT <p>\n<b>54.1.</b> AWS IoT Services that
you enable must comport with AWS IoT Developer Guidelines and this Agreement.\nAWS
Developer IoT Guidelines are subject to change at any time without notice.</p>\n<p>\n<b>54.2.</b>
The following data guidelines currently apply to Registry and Shadow Data (as referenced
in the AWS IoT Developer Guidelines) stored in connection with individual devices
and may be changed at any time without notice.\nDevice Shadow Data for an individual
device expires and will be deleted if you do not update the Shadow Data for an individual
device within 1 year (12 months).\nDevice Registry Data for an individual device
expires and will be deleted if you do not update the Registry data for an individual
device within 7 years (84 months).\nOnce the Registry and/or Shadow Data has been
updated for an individual device the data restriction time frame for an individual
device resets and the Registry and/or Shadow Data storage time frame for an individual
device starts over.</p>\n<p>\n<b>54.3.</b> You are responsible for all applicable
fees associated with use of the Services in connection with AWS IoT.\nYou are solely
responsible, and we have no liability, for any activities that occur in the application
and/or use of AWS IoT, regardless of whether such activities are undertaken by you,
your employees, agents, subcontractors or customers, or any other third party.\nYou
are responsible for the creation, distribution, and security (including enabling
of access) of any AWS IoT devices enabled by your AWS account.</p>\n<p>\n<b>54.4.</b>
You may use the Code Signing feature only with AWS IoT Device Management.\nWe currently
support Code Signing of Your Content utilizing the following software: Amazon FreeRTOS
libraries.</p> 55.\nAmazon QuickSight <p>\n<b>55.1. </b>You may enable End
Users to use Amazon QuickSight under your account.\nTermination of your use of Amazon
QuickSight, will also terminate such End Users’ use of Amazon QuickSight.</p>\n<p>\n<b>55.2. </b>Amazon
QuickSight End User accounts are managed by End Users with administrative privileges
(“Amazon QuickSight Administrators”).\nAmazon QuickSight Administrators can (a)
activate and deactivate End Users’ Amazon QuickSight accounts.\n(b) control End
User access to data sets and certain functionality of Amazon QuickSight.\nand (c)
access information about End Users’ use of Amazon QuickSight.</p>\n<p>\n<b>55.3.</b>
Amazon QuickSight may use Your Content to make personalized recommendations to you,
such as suggested visualizations based on your query history.</p>\n<p>\n<b>55.4.</b>
Subject to the Agreement and these Service Terms, you and your End Users may use
Amazon QuickSight by logging into quicksight.aws.amazon.com.</p> 56.\nAWS Certificate
Manager <p>\n<b>56.1.</b> By using AWS Certificate Manager (“ACM”) you authorize
us, Amazon Trust Services, LLC (“ATS”), or our affiliates (collectively, “Amazon
CA”) to apply for and obtain publicly trusted SSL/TLS certificates (each, a “Certificate”)
from certification authorities located in the United States, some of whom may be
third parties, for the domain name you provide to us.\nBy submitting a request for
a Certificate, you certify that (1) you are the Domain Name Registrant (as defined
in the then current CA/Browser Forum Baseline Requirements Certificate Policy for
the Issuance and Management of Publicly-Trusted Certificates (the “CA/B Forum Requirements”
currently located at https://cabforum.org/baseline-requirements-documents/)).\n(2)
you have control over the Fully-Qualified Domain Name (as defined in the CA/B Forum
Requirements).\nor that (3) you have been granted authority by the Domain Name Registrant
to authorize Amazon CA to apply for and obtain each Certificate.\nYou acknowledge
that, solely for purposes of obtaining the Certificate and for no other purposes,
you are giving Amazon CA control over the Fully-Qualified Domain Name, and you approve
of it requesting the Certificate for the domain name.\nWe may decline to provide
you with a Certificate for any reason.</p>\n<p>\n<b>56.2.</b> You agree that:</p>\n<p>(i)
All information you provide in connection with your use of Certificates is and will
be accurate and complete information at all times (and you will promptly notify
us if your information changes);</p>\n<p>(ii) You will review and verify the Certificate
contents for accuracy;</p>\n<p>(iii) You may use a Certificate provided to you by
us solely on servers that are accessible at the subjectAltName(s) listed in the
Certificate and will use the Certificate solely in compliance with all applicable
laws;</p>\n<p>(iv) You will promptly cease using a Certificate, and promptly notify
us, in the event that any information in the Certificate is, or becomes, incorrect
or inaccurate;</p>\n<p>(v) You will promptly cease using a Certificate, and promptly
notify us, if the private key associated with the Certificate is, or becomes, subject
to a Key Compromise (as defined in the CA/B Forum Requirements) or the Certificate
is otherwise subject to misuse;</p>\n<p>(vi) You will promptly respond to Amazon
CA’s instructions concerning Key Compromise or Certificate misuse;</p>\n<p>(vii)
You will not modify, sublicense, or create a derivative work of any Certificate
(except as required to use the Certificate for its intended purpose) or private
key;</p>\n<p>(viii) You will not, in connection with use of the Certificate, upload
or distribute any files or software that may damage the operation of another’s computer;</p>\n<p>(ix)
You will not make representations about or use a Certificate except as may be allowed
in ATS’s CPS;</p>\n<p>(x) You will not, in connection with use of the Certificate,
impersonate or misrepresent your affiliation with any entity;</p>\n<p>(xi) You will
not permit an entity other than Amazon CA to control the Private Key matching the
Public Key in the Certificate (where “Private Key” and “Public Key” are defined
by the CA/B Forum Requirements);</p>\n<p>(xii) You will not use a Certificate to
breach the confidence of a third party or to send or receive unsolicited bulk correspondence.\nand</p>\n<p>(xiii)
Notwithstanding anything to the contrary in the Agreement, you acknowledge that
Amazon CA (or our applicable third-party contractor) may revoke a Certificate at
any time, and you agree that you will cease using the Certificate immediately upon
our notice of such revocation.</p> 57.\nAmazon Lumberyard Engine <p>\n<b>57.1. </b>Lumberyard
Materials.\nAmazon Lumberyard consists of an engine, integrated development environment,
and related assets and tools we make available at aws.amazon.com/lumberyard/downloads
or otherwise designate as Lumberyard materials (collectively, “Lumberyard Materials”).\nThe
Lumberyard Materials include the “Lumberyard Redistributables” listed at docs.aws.amazon.com/console/lumberyard/userguide/lumberyard-redistributables.\nLumberyard
Materials are AWS Content.\nThe term “Lumberyard Materials” does not include Content
distributed with the Lumberyard Materials under separate license terms (such as
code licensed under an open source license).</p>\n<p>\n<b>57.2.</b> License.\nIn
addition to the rights granted to AWS Content under the Agreement, we also grant
you a limited, non-exclusive, non-sublicensable (except to End Users as provided
below), non-transferrable license to do the following during the Term:</p>\n<p>(a)
Development: You may use, reproduce, modify, and create derivative works of the
Lumberyard Materials to develop and support video games, software, audio-visual
works, and other content (each work created through use of the Lumberyard Materials
is a “Lumberyard Project”).\nLumberyard Projects, excluding any AWS Content and
Third Party Content included therein, are Your Content.</p>\n<p>(b) Distribution
to End Users: You may use, reproduce, modify, create derivative works of, publicly
display, publicly perform, and distribute (including via third party distributors)
to End Users the Lumberyard Redistributables (including any permitted modifications
and derivatives) as part of a Lumberyard Project.\nHowever, you may do so only if
(i) the Lumberyard Project provides material content or functionality beyond that
provided by the Lumberyard Redistributables themselves, (ii) the Lumberyard Redistributables
are integrated into the Lumberyard Project so they are not separately usable by
End Users, (iii) you do not distribute in source code form Lumberyard Redistributables
that we make available in file formats that are commonly compiled (e.g., C, C++)
or for which we make a compiler available, and (iv) you ensure End Users are subject
to terms no less protective of the Lumberyard Materials than these Service Terms,
including this Section and Sections 57.4 and 57.5 below.\nYou may sublicense these
rights, subject to the restrictions in these terms, to your End Users to allow them
to use, modify, create new content for, and redistribute your Lumberyard Project
(e.g., create new items or levels for a game).</p>\n<p>(c) Collaboration with other
AWS Customers.\nYou may reproduce and distribute (but not sublicense) the Lumberyard
Materials (including any permitted modifications and derivatives): (i) to other
AWS customers that are contractors of yours solely for the purpose of allowing those
AWS customers to perform work on your behalf, (ii) to other AWS customers in connection
with work you perform for them as a contractor, and (iii) to up to 5 other AWS customers
who you authorize to distribute a Lumberyard Project in connection with your sale
or licensing of that Lumberyard Project (e.g., publishers of a game you develop).\nThose
other AWS customers’ rights to the Lumberyard Materials are governed by their agreement(s)
with us.</p>\n<p>(d) Lumberyard Git Repository.\nWe may make available certain Lumberyard
Materials on the “Lumberyard Git Repository” at https://github.com/aws/lumberyard.\nYou
may reproduce and distribute to other AWS Customers, via the Lumberyard Git Repository,
your modified version(s) of those Lumberyard Materials (your “LM Fork(s)”), subject
to any policies we may establish for the Lumberyard Git Repository.\nYour LM Fork
must comply with the Agreement (including these terms).\nfor example, it may not
enable Lumberyard Projects to use, or read or write data to or from, Alternate Web
Services.\nYou must include a notice stating that the LM Fork is subject to these
terms (such as a copy of the License.txt file from the root directory of the Lumberyard
Materials).\nIf you obtain an LM Fork from the Lumberyard Git Repository, you are
responsible for ensuring that any Lumberyard Project you create with it complies
with these terms.\nIf your LM Fork violates the Agreement, then it infringes our
copyright in the Lumberyard Materials and we may remove it from the Lumberyard Git
Repository and take other actions, including terminating your license to the Lumberyard
Materials.\n“Alternate Web Service” means any non-AWS web service that is similar
to or can act as a replacement for the services listed at docs.aws.amazon.com/console/lumberyard/userguide/alternate-web-services.</p>\n<p>\n<b>57.3.</b>
No License Fee.\nThere is no fee for the licenses granted in Section 57.2.\nOther
Service Offerings and Third Party Content made available in connection with the
Lumberyard Materials may be subject to separate charges and governed by additional
terms.</p>\n<p>\n<b>57.4.</b> Operating Restrictions.\nWithout our prior written
consent, (a) the Lumberyard Materials (including any permitted modifications and
derivatives) may only be run on computer equipment owned and operated by you or
your End Users, or on AWS Services, and may not be run on any Alternate Web Service
and (b) your Lumberyard Project may not read data from or write data to any Alternate
Web Service.</p>\n<p>\n<b>57.5.</b> Other Restrictions.\nWithout limiting the license
restrictions set out in the Agreement, you may not (a) distribute the Lumberyard
Materials in source code form, except as expressly permitted by Section 57.2(b)
and (c), (b) use or exploit the Lumberyard Materials or any portion thereof to develop,
maintain, participate in the development of, or support any competing engine, development
tool, or software framework, (c) use the Lumberyard Materials or any portion thereof
as part of a logo or trademark, (d) remove, obscure, or alter any proprietary rights
notices (including copyright and trademark notices) contained in the Lumberyard
Materials, (e) take any action that would require us or you to license, distribute,
or otherwise make available to anyone the Lumberyard Materials under different terms
(e.g., combining Lumberyard Materials with software subject to “copyleft” open source
licenses), or (f) use or exploit the Lumberyard Materials or any portion thereof
in any manner or for any purpose other than as expressly permitted by these terms.</p>\n<p>\n<b>57.6.</b>
Registration.\nRelease.\nBefore distributing your Lumberyard Project to End Users,
you must register it at aws.amazon.com/lumberyard/registration.\nYou must obtain
our prior written consent if the initial public or commercial release of your Lumberyard
Project is based on a version of the Lumberyard Materials more than 5 years old.</p>\n<p>\n<b>57.7.</b>
Credit.\nYou must credit us in Lumberyard Projects in accordance with the guidelines
located at aws.amazon.com/lumberyard/logo-guidelines.\nAWS Marks included in the
Lumberyard Materials may only be used in accordance with the Trademark Use Guidelines.\nWe
may use excerpts of publicly released promotional material from your Lumberyard
Projects and related trademarks, service marks, trade names, and logos in connection
with our marketing, advertisement, and promotion of Lumberyard.</p>\n<p>\n<b>57.8.</b>
Forums.\nSubmissions.\nIn addition to your rights to distribute LM Forks on the
Lumberyard Git Repository set out above, when discussing Lumberyard Materials in
our forums or elsewhere, you may include up to 50 lines of source code from the
Lumberyard Materials for the sole purpose of discussing that code.\nYou must identify
us as the source of the code.\n“Lumberyard Submissions” are content relating to
Lumberyard Materials (including LM Forks) that you post or otherwise submit to developer
discussion sites, sample code repositories, or other AWS or public forums.\nYou
grant (i) us a non-exclusive, worldwide, perpetual, irrevocable, transferrable,
sublicensable, royalty-free, and fully paid up license under all intellectual property
rights to your Lumberyard Submissions, and (ii) other AWS customers the same rights
to your Lumberyard Submissions as these Service Terms provide to the Lumberyard
Materials.\nYou represent and warrant that you have all necessary rights to grant
the license above, and that your Lumberyard Submissions do not infringe the intellectual
property rights of any third party or violate this Agreement.</p>\n<p>\n<b>57.9. </b>Data
Collection.\nThe Lumberyard Materials may provide us with information about the
use of the Lumberyard Materials, including information about system and server resources,
features used in the integrated development environment, frequency and duration
of use, geographic and network locations, and error and information messages.</p>\n<p>\n<b>57.10.</b>
Acceptable Use.\nSafety-Critical Systems.\nYour use of the Lumberyard Materials
must comply with the AWS Acceptable Use Policy.\nThe Lumberyard Materials are not
intended for use with life-critical or safety-critical systems, such as use in operation
of medical equipment, automated transportation systems, autonomous vehicles, aircraft
or air traffic control, nuclear facilities, manned spacecraft, or military use in
connection with live combat.\nHowever, this restriction will not apply in the event
of the occurrence (certified by the United States Centers for Disease Control or
successor body) of a widespread viral infection transmitted via bites or contact
with bodily fluids that causes human corpses to reanimate and seek to consume living
human flesh, blood, brain or nerve tissue and is likely to result in the fall of
organized civilization.</p>\n<p>\n<b>57.11.</b> Termination.\nYour rights in the
Lumberyard Materials automatically terminate if the Agreement terminates or you
breach the Agreement (including these Service Terms).\nHowever, if we terminate
the Agreement for convenience, your rights in Lumberyard Materials then in your
possession survive termination with respect to any previously registered Lumberyard
Project.\nOtherwise, upon termination, you must cease all use, distribution, and
other exploitation of the Lumberyard Materials (and any modifications and derivatives).</p>
58.\nAmazon GameLift <p>\n<b>58.1. </b>Your Content.\nYou are solely responsible
for Your Content, including (a) the performance of software you use with Amazon
GameLift and (b) maintaining licenses and adhering to the license terms of any software
you run.</p>\n<p>\n<b>58.2. </b>Other Services.\nWhen you use Amazon GameLift,
you are also using Amazon EC2.\nAmazon EC2 and certain other Service Offerings and
Third Party Content made available via Amazon GameLift are subject to separate charges
and governed by additional terms.</p>\n<p>\n<b>58.3.</b> Use Limitation.\nAmazon
GameLift is designed for hosting interactive video game servers.\nYou may not access
or use Amazon GameLift for workloads other than video game server hosting.</p>\n<p>\n<b>58.4.</b>
Inactivity.\nWe may delete, upon 30 days’ notice to you and without liability of
any kind, any of Your Content uploaded to Amazon GameLift if it has not been run
for more than 3 months.</p>\n<p>\n<b>58.5.</b> Your GameLift Data.\nAmazon GameLift
may enable you to collect information and data from your End Users (“Your GameLift
Data”).\nYour GameLift Data is included in the definition of Your Content.\nWithout
limiting your obligations under Sections 4 and 9 of the Agreement, you must (a)
provide any necessary notice to, and obtain any necessary consent from, end users
for the collection, use, transfer, and storage of Your GameLift Data, and (b) collect,
use, transfer, and store Your GameLift Data in accordance with any privacy notice
you provide and all applicable laws.</p>\n<p>\n<b>58.6.</b> Amazon GameLift Local.\nYou
may install and use Amazon GameLift Local only on computer equipment owned or controlled
by you, solely for your internal business purposes for development and testing (not
hosting) of your game in connection with your planned use of Amazon GameLift.\nYour
use of Amazon GameLift Local is governed by the Amazon GameLift Local License Agreement,
located at https://aws.amazon.com/gamelift-local-license.</p>\n<p>\n<b>58.7. </b>Amazon
GameLift Spot Instance Pricing.\nYou may request that certain Amazon GameLift instances
run pursuant to the Amazon GameLift Spot instance pricing and payment terms (“GL
Spot Instance Pricing”) set forth on the Amazon GameLift product detail page on
the AWS Site (each requested instance, a “GL Spot Instance”).\nGL Spot Instances
are sourced from the Amazon EC2 Spot Instance service.\nWe set the price for GL
Spot Instances (the “GL Spot Price”), which may vary over time based on a number
of factors, including the amount of available compute capacity we have available
and the price customers are willing to pay for Amazon EC2 Spot Instances.\nWhile
a requested GL Spot Instance remains running, you will be charged the current GL
Spot Price in effect at the beginning of each instance hour.\nWe may terminate,
stop, or hibernate GL Spot Instances at any time and without any notice to you for
AWS capacity requirements.\nYou should configure your game to ensure it is fault
tolerant and will correctly handle interruptions.\nWe have no liability whatsoever
for any damages, liabilities, losses (including any corruption, deletion, or destruction
or loss of data, applications or profits), or any other consequences resulting from
our termination, stoppage, or hibernation of any GL Spot Instance.\nGL Spot Instances
may not be used with certain Services, features and third-party software we specify,
including those listed in Section 4.4, above.</p> 59.\nAWS Application Discovery
Service <p>\n<b>59.1. </b>The AWS Application Discovery Service requires installation
and use of AWS Connector, and you agree to adhere to the AWS Connector terms in
connection with your use of AWS Connector and the AWS Application Discovery Service,
its agent, and its components.</p>\n<p>\n<b>59.2. </b>You agree that you have
the right to collect and provide, and you consent to the collection and provision
of, the data collected by the AWS Application Discovery Service, its agent, and
its components (“Discovery Information”), and the transmission to and processing
and use by AWS of the Discovery Information in connection with the Service Offerings
(as defined in the Agreement).\nDiscovery Information includes information about
your software packages.\nsystem, equipment, and application configuration, processes
and performance.\nnetwork configurations, communications and dependencies.\nrelationships
between the foregoing.\nand information about the installation and operation of
the AWS Application Discovery Service, its agent, and its components.</p>\n<p>\n<b>59.3.</b>
You are responsible for determining compliance and complying with the terms of any
third party software you use, including any software that interfaces with the AWS
Application Discovery Service, its agent, and its components, in connection with
your use of the AWS Application Discovery Service.</p> 60.\nAWS Professional Services
<p>\n<b>60.1.</b> “AWS Professional Services” are advisory and consulting services
that help you use the other Services.\nIf AWS provides AWS Professional Services
to you, then this Section 60 will apply.\nReferences to “Services” in the Agreement
include AWS Professional Services.</p>\n<p>\n<b>60.2.</b> To receive AWS Professional
Services, you must enter into a statement of work for each engagement, which will
describe the scope of AWS Professional Services to be provided, applicable charges
and any applicable additional terms and conditions (each statement of work, a “SOW”).\nEach
SOW is made part of the Agreement.\nAWS or any of its affiliates may enter into
SOWs with you.\nFor the purposes of a SOW, references to “AWS” in the SOW and the
Agreement mean references to the AWS entity that enters into the SOW.\nNo AWS entity
other than the AWS entity that enters into the SOW has any obligations under such
SOW.\nAny SOW (together with the Agreement as amended by such SOW) is intended by
the parties as a final, complete and exclusive expression of the terms of their
agreement and supersedes all prior agreements and understandings (whether oral or
written) between the parties with respect to such subject matter.\nIf there is a
conflict between a SOW and this Section 60, and the SOW explicitly states that it
intends to modify the conflicting terms, then the SOW will control.</p>\n<p>\n<b>60.3.</b>
Each SOW will show the charges for the AWS Professional Services that AWS will provide.\nCharges
are exclusive of applicable taxes, duties and levies (e.g., VAT, GST, sales tax
and use tax).\nCharges for AWS Professional Services are in addition to any applicable
fees for your use of the other Services.\nAWS will invoice you monthly for the AWS
Professional Services and you must pay all invoiced amounts in accordance with the
terms of the Agreement.\nPayments for AWS Professional Services are not refundable.</p>\n<p>\n<b>60.4.</b>
You acknowledge that AWS does not provide legal or compliance advice.\nYou are responsible
for making your own assessment of your legal and regulatory requirements and whether
your use of the Services meets those requirements.</p>\n<p>\n<b>60.5.</b> As stated
in the Agreement, you are solely responsible for your use of Third Party Content,
and this includes any Third Party Content recommended by AWS.\nOther than Third
Party Content, Content that AWS provides as part of the AWS Professional Services
is “AWS Content.” You are solely responsible for testing, deploying, maintaining
and supporting Content provided or recommended by AWS.</p>\n<p>\n<b>60.5.1.</b>
AWS may make Content consisting of either (a) documents and diagrams (“Documents”)
or (b) software (in source or object code form), sample code, or scripts (“Software”)
for you as part of the AWS Professional Services (such Documents and Software, “Developed
Content”).\nSubject to any non-disclosure agreement in effect between you and AWS,
AWS is not precluded from developing, using, or selling products or services that
are similar to or related to the Developed Content.\nAny Developed Content provided
to you by AWS as part of the AWS Professional Services under a SOW is licensed under
the following terms:</p>\n<p>• AWS licenses any Documents to you under the Creative
Commons Attribution 4.0 International License (CC-BY 4.0).\nand</p>\n<p>• AWS licenses
any Software to you under the Apache License, Version 2.0.</p>\n<p>\n<b>60.5.2.</b>
Some Developed Content may include AWS Content or Third Party Content provided under
a separate license.\nIn the event of a conflict between Section 60.5.1 and any separate
license, the separate license will prevail with respect to such AWS Content or Third
Party Content.</p>\n<p>\n<b>60.6.</b> Any materials or information that you own
or license from a third party that is provided to AWS for the purposes of the AWS
Professional Services are “Your Content.” If you choose to provide access to Your
Content to AWS, then you will ensure that you have adequate rights and permissions
to do so.</p>\n<p>\n<b>60.7.</b> To the extent that there is a conflict between
this Section 60 and any AWS Implementation Services Addendum between you and AWS,
the terms of the AWS Implementation Services Addendum will control, and references
to “Implementation Services” in that addendum include “AWS Professional Services.”<br>\n<br>\n</p>
61.\nAmazon Redshift <p>\n<b>61.1.\n</b>Reserved Node Pricing.\nYou may designate
Amazon Redshift nodes as subject to the reserved pricing and payment terms (“Reserved
Node Pricing”) set forth on the Amazon Redshift pricing page on the AWS Site (each
designated node, a “Reserved Node”).\nYou may designate a node as a Reserved Node
by calling to the Purchasing API or selecting the Reserved Nodes option in the Amazon
Redshift console.\nWhen you designate a node as a Reserved Node, you must designate
a region, node type, term, quantity and offering type for the applicable Reserved
Node.\nThe Reserved Node may only be used in the designated region.\nWe may change
Reserved Node Pricing at any time, but price changes will not apply to previously
designated Reserved Node.\nWe may terminate the Reserved Node Pricing program at
any time.\nReserved Node are non-cancellable, and you will owe the Reserved Node
Pricing for the duration of the term you selected, even if the Agreement is terminated.\nReserved
Nodes are nontransferable, and all amounts paid in connection with Reserved Nodes
are nonrefundable, except that if we terminate the Agreement other than for cause,
terminate an individual Reserved Node type, or terminate the Reserved Node Pricing
program, we will refund you a pro rata portion of any up-front fee paid in connection
with any previously designated Reserved Node.\nUpon expiration or termination of
the term of a Reserved Node, the Reserved Node Pricing will expire and standard
on-demand usage prices will apply to the Amazon Redshift node.\nIn addition to being
subject to Reserved Node Pricing, Reserved Nodes are subject to all data transfer
and other fees applicable under the Agreement.<br>\n</p> 62.\nAWS Server Migration
Service <p>\n<b>62.1. </b>AWS Server Migration Service requires installation
and use of AWS Connector, and you agree to the AWS Connector terms in connection
with your use of AWS Connector and the AWS Server Migration Service and its associated
software and components.</p>\n<p>\n<b>62.2.</b> You acknowledge that the virtual
machine image(s) imported in connection with the AWS Server Migration Service will
be converted to an Amazon Machine Image and the service will then delete the original
version of the imported virtual machine image(s).</p>\n<p>\n<b>62.3. </b>You
consent to the collection and provision of the data collected by the AWS Server
Migration Service and its associated software and components, including information
about your virtual machine image(s).\nsoftware packages.\nsystem, equipment, and
application configuration, processes and performance.\nnetwork configurations, communications
and dependencies.\nrelationships between the foregoing.\nand information about the
installation and operation of the AWS Server Migration Service and its associated
software and components (“Migration Information”).\nMigration Information may be
used to operate, maintain, and improve the quality and feature set of the Service
Offerings.</p>\n<p>\n<b>62.4. </b>You must comply with the terms of any third
party services and Third Party Content that you use in connection the AWS Server
Migration Service and its associated software and components.</p>\n<p>\n<b>62.5.</b>
You acknowledge that the AWS Server Migration Service is designed to migrate virtual
machine images and you shall not use the AWS Server Migration Service for ongoing
offsite backup or replication.\nWe may terminate the migration of any image that
remains in a migration queue for ninety (90) days or more at our discretion.</p>
63.\nAWS Organizations <p>\n<b>63.1.</b> AWS Organizations enables you to (i) create
an “Organization” by joining a single AWS account (the “Master Account”) with one
or more AWS accounts (each, a “Member Account”), and (ii) enable only consolidated
billing or enable all features.\nExcept as authorized by AWS, only AWS accounts
used by you, your affiliates, your employees, or your subcontractors currently doing
work on your behalf may be joined in an Organization.\nBy joining an Organization
as a Member Account, you agree to disclose your billing, account activity, and account
information of the Member Account to the Master Account.</p>\n<p>\n<b>63.2.\n</b>Consolidated
Billing.\nBy only enabling consolidated billing, the Master Account will pay all
applicable charges for its Organization’s Member Accounts in accordance with the
Master Account’s Agreement.\nIf a Master Account is suspended for non-payment, then
all Member Accounts in the Organization will be suspended.\nMaster Accounts and
Member Accounts are jointly and severally liable for all fees accrued by Member
Accounts while the AWS accounts are joined in an Organization.\nMember Accounts
agree that AWS may enable all features in their Organization at the request of their
Organization’s Master Account with at least 14 days’ notice to you that may be sent
by email.\nMember Accounts further agree that their Organization’s Master Account
may purchase EC2 Reserved Instances on the Member Account’s behalf, and the Master
Account and Member Account are jointly and severally liable for any fees owed for
the Reserved Instances for the term of the Reserved Instances.</p>\n<p>\n<b>63.3.</b>
All Features.\nIf your Organization has all features enabled, (i) the consolidated
billing terms as described in Section 63.2 will apply to your Organization.\n(ii)
the Master Account will have full access to and control over its Member Accounts.\nand
(iii) the Master Account is jointly and severally liable for any actions taken by
its Member Accounts.</p>\n<p>\n<b>63.4.\n</b>Created accounts.\nWhen a Master Account
uses AWS Organizations or the CreateLinkedAccount API to create an account (“Created
Account”), the Master Account and each Created Account agree as follows: (i) each
Created Account will be a member of the Master Account’s Organization with the AWS
Organizations features that the Master Account enables from time to time.\n(ii)
except as authorized by AWS, each Created Account is governed by the terms of the
Master Account’s Agreement.\nand (iii) the Master Account is jointly and severally
liable for any actions taken by its Created Accounts.\nUpon account creation, an
IAM role is created in the Created Account that grants the Master Account full administrative
access to the Created Account.<br>\n</p> 64.\nAmazon Athena <p>\n<b>64.1.</b> Notwithstanding
any other provision of the Agreement, you may incorporate into your programs or
applications, and distribute as incorporated in such programs or applications, the
Amazon Athena JDBC Driver or the Amazon Athena ODBC Driver, in each case solely
for use with Amazon Athena.</p> 65.\nAmazon AI Services <p>\n<b>65.1.\n</b>“Amazon
AI Services” include Amazon Comprehend, Amazon Comprehend Medical, Amazon Forecast,
Amazon Lex, Amazon Personalize, Amazon Polly, Amazon Rekognition, Amazon Textract,
Amazon Transcribe, and Amazon Translate.\n“AI Content” means Your Content that is
processed by an Amazon AI Service.</p>\n<p>\n<b>65.2.\n</b>You will not, and will
not allow any third-party to, use the Amazon AI Services to, directly or indirectly,
develop or improve a similar or competing product or service.\nThe foregoing does
not apply to Amazon Forecast and Amazon Personalize.</p>\n<p>\n<b>65.3.</b> You
agree and instruct that for Amazon Comprehend, Amazon Lex, Amazon Polly, Amazon
Rekognition, Amazon Textract, Amazon Transcribe, and Amazon Translate only: (a)
we may use, and store AI Content that is processed by each of the foregoing Amazon
AI Services to maintain and provide the applicable Amazon AI Service (including
but not limited to development and improvement of such Amazon AI Service) and to
develop and improve AWS and affiliate machine-learning and artificial-intelligence
technologies.\nand (b) solely in connection with the usage and storage described
in clause (a), we may store such AI Content in an AWS region outside of the AWS
region where you are using such Amazon AI Service.\nFor the avoidance of doubt,
this Section does not apply to Amazon Comprehend Medical.</p>\n<p>\n<b>65.4.\n</b>You
are responsible for providing legally adequate privacy notices to End Users of your
products or services that use any Amazon AI Service and obtaining any necessary
consent from such End Users for the processing of AI Content and the storage, use,
and transfer of AI Content as described under this Section, including but not limited
to providing any required notices and obtaining any required verifiable parental
consent under the Children’s Online Privacy Protection Act (COPPA) or similar laws
and obtaining any required consent of individuals appearing in any images or videos
processed by an Amazon AI Service.\nYou represent to us that you have provided all
necessary privacy notices and obtained all necessary consents.\nYou are responsible
for notifying us in the event that any AI Content stored by an Amazon AI Service
must be deleted under applicable law.\nIf you use Amazon Lex in connection with
websites, programs or other applications that are directed or targeted, in whole
or in part, to children under age 13 and subject to COPPA or similar laws you must:
(a) provide all required notices and obtain all required verifiable parental consent
under COPPA or similar laws.\nand (b) notify AWS during the Amazon Lex set-up process
using the appropriate (i) check box in the AWS console or (ii) boolean parameter
in the applicable Amazon Lex Model Building Service API request or response as specified
by the Amazon Lex Documentation.\nAmazon Lex does not store or retain voice or text
utterance information from websites, programs, or other applications that you identify
in accordance with this Section as being directed or targeted, in whole or in part,
to children under age 13 and subject to COPPA or similar laws.</p>\n<p>\n<b>65.5.\n</b>The
distribution of output files created by Amazon AI Services may require that you
obtain license rights from third-party owners or licensors of content that you include
in AI Content.\nYou are solely responsible for obtaining these licenses and paying
any necessary royalties or fees.</p>\n<p>\n<b>65.6.\n</b>Amazon AI Services are
not intended for use in, or in association with, the operation of any hazardous
environments or critical systems that may lead to serious body injury or death or
cause environmental or property damage, and you are solely responsible for liability
that may arise in connection with any such use.</p>\n<p>\n<b>65.7.\n</b>Notwithstanding
any other provision of the Agreement, you may incorporate into your programs or
applications, and distribute as incorporated in such programs or applications, the
binary code that we distribute for Amazon AI Services with the AWS Mobile SDKs.</p>\n<p>\n<b>65.8.\n</b>You
and your End Users are solely responsible for any decisions made, advice given,
actions taken, and failures to take action based on your use of Amazon AI Services.<br>\n</p>
66.\nAmazon Lightsail <p>\n<b>66.1.</b> You explicitly authorize AWS to peer your
Amazon Lightsail VPCs and your Amazon VPCs when using Amazon Lightsail VPC peering.</p>\n<p>\n<b>66.2.\n</b>Amazon
Machine Images from the AWS Marketplace are offered or sold under the terms of the
AWS Marketplace and any separate terms and conditions and privacy policies specified
by the party offering or selling the Amazon Machine Image.</p>\n<p>\n<b>66.3.</b>
You may not use Amazon Lightsail in a manner intended to avoid incurring data fees
from other Services (e.g., proxying network traffic from Services to the public
Internet or other destinations or excessive data processing through load balancing
Services as described in the Documentation), and if you do, we may throttle or suspend
your data services or suspend your account.</p>\n<p>\n<b>66.4.\n</b>Use of Microsoft
Software on Amazon Lightsail is subject to Section 4.2 above.</p> 67.\nAWS Systems
Manager <p>\n<b>67.1.\n</b>Some functionalities of AWS Systems Manager and its associated
software and components (“Systems Manager”) require installation and use of Amazon
SSM Agent and its associated software and components (“Amazon SSM Agent”).\nThese
terms for Systems Manager apply to your use of Amazon SSM Agent.</p>\n<p>\n<b>67.2.\n</b>You
must comply with the terms of any third party services and Third Party Content that
you use in connection with Systems Manager and Amazon SSM Agent.</p>\n<p>\n<b>67.3.\n</b>Systems
Manager may collect and transmit to AWS information regarding your use of the Service
Offerings, including inventory items (e.g., application inventory and custom inventory
items).\nparameters.\nconfiguration data (e.g., network and state configuration).\ntelemetry
and diagnostics data.\nupdate history and registry keys.\nresource groups.\nand
patch metadata (“Systems Information”).\nSystems Information may be used by AWS
to operate, maintain, and improve the quality and feature set of the Service Offerings.</p>
68.\nAWS CodeBuild <p>\n<b>68.1.\n</b>Based on your configuration selections within
AWS CodeBuild, you may use other Services, such as Amazon S3, CloudWatch Events,
Cloudwatch Logs, Simple Notification Service, KMS, and EC2 Container Registry, and
your use of those Services are subject to all the terms that govern those Services.\nYou
are responsible for all fees incurred for Services used in connection with your
use of AWS CodeBuild.</p>\n<p>\n<b>68.2.\n</b>AWS may make available reference or
sample BuildSpec configuration files and applications for you to use in connection
with AWS CodeBuild.\nThese files and applications are provided “as is,” and you
are solely responsible for your use of such files and applications.\nYou will be
charged the same fees for running them as you would be charged for running your
own application.</p> 69.\nAWS X-Ray <p>\n<b>69.1.\n</b>You are solely responsible
for all information and data about your end users that you collect or store using
AWS X-Ray (“<b>Your X-Ray Data</b>”).\nYour X-Ray Data is included in the definition
of Your Content.\nWithout limiting your obligations under Sections 4 and 9 of the
Agreement, you must (a) provide any necessary notice to, and obtain any necessary
consent from, end users for the collection, use, transfer, and storage of Your X-Ray
Data (including by us), and (b) collect, use, transfer, and store Your X-Ray Data
in accordance with any privacy notice you provide, and all applicable laws.</p>
70.\nAmazon Chime <p>\n<b>70.1.</b> End Users.</p>\n<p>(a) You may enable End Users
to use Amazon Chime under your account.\nTermination of your account’s use of Amazon
Chime, will also terminate such End Users’ Pro tiers associated with your account
or organization and all such End Users will be converted to the Free tier.</p>\n<p>(b)
Amazon Chime End Users can be managed by End Users with administrative privileges
(“Amazon Chime Administrators”).\nAmazon Chime Administrators can (a) upgrade or
downgrade End Users’ Amazon Chime tier.\n(b) suspend End User’s access to Amazon
Chime.\nand (c) access information about End Users’ use of Amazon Chime, including,
but not limited to, call details.</p>\n<p>\n<b>70.2.\n</b>PSTN Service.</p>\n<p>(a)
The term “PSTN Service” as used in these Terms means the ability for you to integrate
inbound and outbound Public Switched Telephone Network (PSTN) calling features into
your Amazon Chime conferencing experience.\nPSTN Service includes dial in access
to meetings from the PSTN via standard toll numbers and toll-free numbers.</p>\n<p>(b)
By using the PSTN Service, you acknowledge and agree that the following behavior
is prohibited: (i) the PSTN Service must not be used in any manner that may expose
AWS, its affiliates, or their personnel to criminal or civil liability.\n(ii) resale
of the PSTN Service.\n(iii) calling PSTN telephone numbers (whether singly, sequentially
or automatically) to generate income for you or others as a result of placing the
call, other than for your or your End Users’ individual business communications,
or (iv) unusual calling patterns inconsistent with normal, individual use.\nAWS
reserves the right to restrict and disable dial-in or domestic dial-out PSTN conferencing
if you or your End Users engage in any prohibited behavior or if necessary for AWS
to limit abuse or fraud or to maintain service performance.\nAWS also reserves the
right to modify or remove PSTN conferencing dial-in number(s) previously assigned
to you or your End Users to maintain good quality of service.</p>\n<p>\n<b>70.3.</b>
Telephone numbers.\nIf, as a part of Amazon Chime, AWS provides you or your End
Users with any telephone number (whether toll or toll-free), you understand and
agree that you do not own the number and you do not have the right to keep that
number indefinitely.\nAWS reserves the right to change, cancel or move telephone
numbers in its reasonable discretion.</p>\n<p>\n<b>70.4.</b> Other AWS Services.\nWhen
using Amazon Chime, you and your End Users may also use the Login With Amazon (LWA)
Service or other Amazon or AWS Services, and your use of Amazon Chime is subject
to the terms that govern those services.\nYou are responsible for separate fees
you or your End Users may accrue for using other AWS or affiliated services.</p>\n<p>\n<b>70.5.</b>
Log gathering.\nWhen you or your End Users use Amazon Chime, we may send one or
more cookies that uniquely identifies your browser enabling you to log in faster
and enhancing your navigation through Amazon Chime.\nA cookie may also convey information
to us about how you or your End Users use Amazon Chime and allow us to track usage
of Amazon Chime over time.\nFor more information on cookies and how to remove them,
please consult your specific device’s instructions.\nHowever, some features of the
Amazon Chime may not function properly if the ability to accept cookies is disabled.\nLog
file information is automatically reported by your browser or our applications each
time you or your End Users access the Service.\nWhen you or your End Users use our
Service, our servers automatically record certain log file information.\nThese server
logs may include anonymous information such as your or your End Users’ device data,
access data, call statistics, web request, Internet Protocol (“IP”) address, browser
type, referring / exit pages and URLs, how you interact with the Service, and other
such information.\nWe also use your and your End Users’ information to send Service-related
emails (e.g., account verification, technical and security notices).\nYou and your
End Users may not opt out of Service-related e-mails.</p>\n<p>\n<b>70.6.\n</b>Recording
and Retention.\nYou and your End Users have the option to request that Amazon Chime
record the applicable audio or video session along with chat and other types of
recordings (collectively, “Recording”).\nIf you or your End Users request that an
audio or video session or other communications be recorded, Amazon Chime will, in
good faith, seek to notify you and your End Users of the Recording by providing
a brief audio or visual notice at the time you and your End Users sign in to participate
in the applicable session or communication.\nYou and your End Users acknowledge
that such notice or attempted notice followed by continued participation in the
session or communication constitutes your effective consent to the Recording.\nYou
and your End Users understand that use of any Recording may be subject to laws or
regulations regarding the recording of telephone calls and other electronic communications,
and that it is your and your End Users’ responsibility to comply with all applicable
laws regarding the Recording, including properly notifying all participants in a
recorded session or to a recorded communication that the session or communication
is being recorded and obtain their consent.\nNeither AWS nor its affiliates will
be liable for your or your End Users’ unlawful Recording, including failure to provide
notice or obtain consent.\nAny notice provided by AWS to alert participants that
a session or communications is being recorded may not be relied upon by you or your
End Users as definitive disclosure for your or your End Users compliance with applicable
laws regarding the Recording.\nFurther, if you or your End Users use the Service
to “chat” with other users of the Service, AWS may retain these chat logs or Recordings
for Service-related purposes, or as necessary to comply with the law or a binding
order of a governmental body.</p>\n<p>\n<b>70.7.\n</b>Service Tiers.\nUnless stated
otherwise, your or your End Users’ subscription to any of Amazon Chime’s free services
does not require the payment of a subscription fee.\nFor the avoidance of doubt,
your or your End Users’ right and license to access, use, execute and deploy any
of Amazon Chime’s free services are not guaranteed for any period of time, and AWS
may restrict, change, limit, or terminate the use of \"free\" or \"basic\" versions
of Amazon Chime by any individual, entity, or group of entities.\nIf you or your
End Users sign up and use a paid version (i.e.\nPro) of Amazon Chime and then for
any reason, including but not limited to non-payment or breach, your or your End
Users’ access to the paid services is terminated, you and your End Users may be
reverted to the free tier of the Service and may no longer have access to data and
other material that you or your End Users may have stored in connection with Amazon
Chime and that data and material may be deleted by AWS.</p>\n<p>\n<b>70.8.\n</b>Emergency
Calling.\nAmazon Chime is not a traditional telephone service or a replacement for
traditional telephone service.\nThere are important differences between traditional
telephone services and Amazon Chime, including Amazon Chime, does not support or
carry emergency calling to any emergency services personnel or public safety answering
points (\"Emergency Services\") such as 911.\nYou and your End Users understand
and agree that it is your responsibility to (i) make alternative arrangements for
you and your End Users using Amazon Chime to access Emergency Services and (ii)
inform all End Users that may use Amazon Chime of these limitations and how they
may access Emergency Services via other means, including the alternative arrangements
that you have made available.\nNeither AWS nor its affiliates are liable for any
damages resulting from any Emergency Services call or any inability to place or
complete an Emergency Services call utilizing Amazon Chime.\nYou agree to indemnify
and hold AWS harmless for any claims related to your or your End Users’ accounts
referring or relating to any Emergency Services call or any inability to place or
complete an Emergency Services call utilizing Amazon Chime.</p> 71.\nAmazon Connect
<p>\n<b>71.1.\n</b>PSTN Service.</p>\n<p>(a) The term “PSTN Service” as used in
these Service Terms means the inbound and outbound Public Switched Telephone Network
(PSTN) calling features that you may optionally purchase to use with Amazon Connect.\nPSTN
Service includes dial-in access to Amazon Connect from the PSTN via standard toll
numbers and toll-free numbers.</p>\n<p>(b) PSTN Service is sold and provided by
AMCS LLC (“AMCS”) and not AWS, but is otherwise subject to the terms of the Agreement.\nYour
invoice will clearly state which services that you have used are sold to you by
AMCS and which are sold by AWS.\nThe invoicing for PSTN Service is performed by
AWS on behalf of AMCS for administrative convenience.\nYou do not have to purchase
any AMCS services or PSTN Service to use Amazon Connect, and you may purchase PSTN
Service calling features (such as inbound or outbound calling) separately, together
or not at all from AMCS.\nFor the avoidance of doubt, AWS is not itself a telecommunications
provider and does not itself provide any telecommunications-related services.</p>\n<p>(c)
Your use of Amazon Connect must comply in all respects with the AWS Acceptable Use
Policy.\nWithout limiting the generality of the forgoing, by using the PSTN Service,
you acknowledge and agree that the following behavior is prohibited: (i) using PSTN
Service in any manner that may expose AMCS, its affiliates, or their personnel to
criminal or civil liability.\n(ii) making calls for purposes that may be considered
abusive, fraudulent or unlawful.\n(iii) resale of the PSTN Service.\n(iv) calling
PSTN telephone numbers (whether singly, sequentially or automatically) to generate
income for you or others as a result of placing the call, other than for your or
your End Users’ individual business communications.\nor (v) unusual calling patterns
inconsistent with normal, individual use.\nAMCS reserves the right to restrict and
disable inbound or outbound PSTN calling if you or your End Users engage in any
prohibited behavior or if necessary for AMCS to limit abuse or fraud or to maintain
service performance.\nAMCS also reserves the right to modify or remove PSTN calling
inbound calling number(s) previously assigned to you or your End Users to maintain
good quality of service.</p>\n<p>(d) If as a part of the Amazon Connect service,
AMCS provides you with an inbound calling number (whether toll-free or other), you
understand and agree that you do not own the number and you do not have the right
to keep that number indefinitely.\nAMCS reserves the right to change, cancel or
move telephone numbers in its reasonable discretion.</p>\n<p>\n<b>71.2.</b> No Access
to Emergency Services.\nAmazon Connect is not a replacement for traditional telephone
services.\nThere are important differences between traditional telephone services
and Amazon Connect.\nAmazon Connect does not support or carry emergency calling
to any emergency services personnel or public safety answering points (“Emergency
Services”) such as 911 and cannot determine the physical location of call agents
and other End Users.\nYou understand and agree that it is your responsibility to
(i) make alternative arrangements for you, your call agents and your other End Users
that may use Amazon Connect to access Emergency Services and (ii) inform all call
agents and other End Users that may use Amazon Connect of these limitations and
how they may access Emergency Services via other means, including the alternative
arrangements that you have made available.\nNeither AWS nor its affiliates will
be liable for any damages resulting from any Emergency Services call or any inability
to place an Emergency Services call utilizing Amazon Connect.\nYou agree to indemnify
and hold AWS and its affiliates harmless for any claims referring or relating to
any Emergency Services call or any inability to place an Emergency Services call
utilizing Amazon Connect.</p>\n<p>\n<b>71.3.</b> Service Limitations.\nThere are
important service limitations with Amazon Connect.\nYou must carefully review and
comply with the applicable Documentation at all times, including limitations related
to call rates and frequency, automated calling, calls to certain regions and others.\nIf
you believe you will exceed any limitations for legitimate reasons, you must contact
customer service ahead of time to request applicable exceptions, which we may or
may not make in our sole discretion.\nAmazon Connect does not support calls to or
from facsimile machines or modems.\nAny caller identification service provided as
a part of Amazon Connect is not guaranteed to function at all times.</p>\n<p>\n<b>71.4.\n</b>Regulatory
Compliance.\nIt is your responsibility to use Amazon Connect in compliance with
the laws and regulations of the countries where you and your call agents are located,
including any regulations governing the use of the Internet for voice communications
and messaging.\nIn India, you agree that you will not allow your call agents or
other End Users located in India to use Amazon Connect to place calls to Indian
telephone numbers or otherwise to third parties located in India.\nAWS may suspend
your use of Amazon Connect for noncompliance with such laws and regulations.</p>\n<p>\n<b>71.5.</b>
Recording and Retention.\nYou and your End Users have the option to request that
Amazon Connect record an applicable audio session along with chat and other types
of recordings (collectively, “Recording”).\nYou and your End Users understand that
the making of or use of any Recording may be subject to laws or regulations regarding
the recording of telephone calls and other electronic communications or of communications
generally, and that it is your and your End Users’ responsibility to comply with
all applicable laws regarding any Recording, including properly notifying all participants
in a recorded session or to a recorded communication that the session or communication
is being recorded and obtain their consent.\nNeither AWS nor its affiliates will
be liable for your or your End Users’ unlawful Recording, including failure to provide
notice or obtain consent.\nFurther, if you or your End Users use the Service to
“chat” with other users of the Service, AWS may retain these chat logs or Recordings
for Service-related purposes, or as necessary to comply with the law or a binding
order of a governmental body.</p> 72.\nAWS Greengrass <p>\n<b>72.1.</b> You are
responsible for all applicable fees associated with use of the Services in connection
with AWS Greengrass Core.\nYour use of the AWS Greengrass Core is governed by the
AWS Greengrass Core License, located here.\nAWS Greengrass Core enabled devices
must comport with AWS IoT Developer Guidelines and this Agreement.</p> 73.\nAWS
Migration Hub <p>\n<b>73.1. </b>AWS Migration Hub requires use of AWS Application
Discovery Service (“ADS”), and may include use of AWS Server Migration Service (“SMS”)
and AWS Database Migration Service (“DMS”).\nAll terms that apply to ADS, SMS, and
DMS, including the AWS Connector terms, also apply to your use of AWS Migration
Hub.</p>\n<p>\n<b>73.2.</b> AWS Migration Hub is hosted in the region(s) identified
on the AWS Site and the AWS console.\nYou may select the region in which you wish
to use AWS Migration Hub, and you agree that Your Content that interfaces with AWS
Migration Hub, including Your Content from ADS, SMS, and DMS, will be transmitted
to and stored in the AWS Migration Hub region you selected.</p>\n<p>\n<b>73.3.</b>
You represent that you have the right to collect and provide the data collected
by AWS Migration Hub and its components, including ADS, SMS, and DMS, as applicable
(“Hub Information”), and you consent to AWS’s collection and provision of Hub Information
and the transmission to AWS and processing and use by AWS of the Hub Information
in connection with the Service Offerings.\nHub Information includes information
about your software packages.\nsystem, equipment, and application configuration,
processes and performance.\nnetwork configurations, communications and dependencies.\nrelationships
between the foregoing.\nand information about the installation and operation of
the AWS Migration Hub and its components.</p>\n<p>\n<b>73.4. </b>You are responsible
for determining compliance and complying with the terms of any third party software
you use, including any software that interfaces with AWS Migration Hub and its associated
software and components, in connection with your use of AWS Migration Hub.</p> 74.\nAmazon
Macie <p>\n<b>74.1. </b>You agree that Amazon Macie may use and store Your
Content that is processed by Amazon Macie (“Macie Content”) to maintain and provide
the services (Including but not limited to development and improvement of Amazon
Macie) and to develop and improve AWS and affiliate machine-learning and artificial-intelligence
technologies.</p>\n<p>\n<b>74.2.</b> While Amazon Macie facilitates the identification
of security issues, we do not represent, warrant, or guarantee that all security
issues will be identified or that your resources evaluated using Amazon Macie or
findings by Amazon Macie, or resources altered based on alerts by Amazon Macie,
will be of a certain fidelity, error free, or comply with a particular security
standard.</p>\n<p>\n<b>74.3.</b> You are responsible for providing legally adequate
privacy notices to End Users of your products or services related to information
processed by Amazon Macie and obtaining any necessary consent from such End Users
for the processing of Macie Content and the storage and use of Macie Content as
described under Section 74.1.\nYou represent to us that you have provided any necessary
privacy notices and obtained any necessary consents.\nYou are responsible for notifying
us in the event that any Macie Content stored by Amazon Macie must be deleted under
applicable law.</p> 75.\nAmazon MQ (AMQ) <p>\n<b>75.1. </b>You acknowledge
that neither we nor our licensors are responsible in any manner, and you are solely
responsible, for the proper configuration of Amazon MQ including managing the third
party message broker settings that are specific to your applications.\nWe may terminate
your Amazon MQ instance if you attempt to access or tamper with any software we
pre-load on the Amazon MQ instance, including the operating system software running
on the Amazon MQ instance.</p>\n<p>\n<b>75.2.</b> You may only use Amazon MQ to
send messages to parties who have agreed to receive messages from you.\nYour messages
sent through Amazon MQ may be blocked, delayed or prevented from being delivered
for reasons outside of our control and there is no warranty that the service or
content will be uninterrupted, secure or error free or that messages will reach
their intended destination during any stated time-frame.\nYour payment obligations
may continue regardless of whether delivery of your messages is prevented, delayed
or blocked.</p> 76.\nAWS Media Services <p>\n<b>76.1. </b>The distribution
of files created by AWS Media Services may require that you obtain license rights
from third parties, including owners or licensors of certain third party audio and
video formats.\nYou are solely responsible for obtaining such licenses and paying
any necessary royalties or fees.</p>\n<p>\n<b>76.2.</b> We do not represent, warrant
or guarantee the quality of any files you create through your use of AWS Media Services
or that the files will be of a certain fidelity or error free.</p> 77.\nAlexa for
Business <p>\n<b>77.1.</b> “Alexa for Business” means the Alexa for Business Service
Offering as described in the Documentation.</p>\n<p>\n<b>77.2.</b> You agree and
instruct that: (a) we may use and store Your Content that is processed by Alexa
for Business (“Alexa Content”) to maintain and provide Alexa for Business (including
by not limited to development and improvement of Alexa for Business) and to develop
and improve AWS and affiliate machine-learning and artificial intelligence technologies.\nand
(b) solely in connection with the usage and storage described in clause (a), we
may store your Alexa Content in AWS regions outside the AWS regions where you are
using Alexa for Business.</p>\n<p>\n<b>77.3.</b> The hardware and equipment you
use with Alexa for Business must comply with the Documentation provided by AWS.\nIf
you use an Amazon device with Alexa for Business, you are subject to and hereby
agree to the Amazon Device Terms of Use, except your use of Alexa voice services
is subject to the terms of the Agreement.\nYou are responsible for protecting your
Alexa for Business devices, including using physical and logical security, firewalls,
and other network security tools as appropriate.</p>\n<p>\n<b>77.4.</b> Alexa for
Business may include services or applications provided by a third party.\nThose
third party services constitute “Third Party Content” under the Agreement.\nIf you
utilize third party services with Alexa for Business, you agree that we may exchange
related information with that third party service.\nExamples of such data include,
but are not limited to, device zip code when users ask for the weather, your room
names, your room attributes, or the content of your or your End Users’ requests.\nYour
or your End Users’ use of any third party service is subject to the Agreement and
any third party terms applicable to such third party service.\nCertain of these
third party terms may be found in the Amazon Alexa App or may be linked from the
Alexa Skills store, and may be updated from time to time.\nIf you do not accept
the third party terms applicable to a third party service, do not use that third
party service.\nWhen using a third party service, you are responsible for any information
you or your End Users provide to the third party and adhering to the terms of that
third party service.\nAWS has no responsibility or liability for third party services.\nPublishers
of third party services may change or discontinue the functionality or features
of their service.</p>\n<p>\n<b>77.5.</b> We do not guarantee that Alexa for Business,
its functionality, or its content (including traffic, health, or stock information)
are accurate, reliable, always available, or complete.\nAlexa for Business may allow
you or your End Users to interact with or operate other products, such as lights,
appliances, or video conferencing equipment, and AWS has no responsibility or liability
for such products.\nYou or your End Users may encounter content through Alexa for
Business that you find offensive, indecent, or objectionable.\nAWS has no responsibility
or liability for such content.</p>\n<p>\n<b>77.6.</b> You are responsible for providing
legally adequate privacy notices to your End Users that use Alexa for Business and
obtaining any necessary consent from such End Users for the processing of Alexa
Content and the storage, use, and transfer of Alexa Content.\nYou represent to us
that you have provided any necessary privacy notices and obtained any necessary
consents.\nYou are responsible for deleting any Alexa Content stored by Alexa for
Business to the extent required under applicable law.</p>\n<p>\n<b>77.7.</b> Alexa
for Business is not intended for use in, or in associate with, the operation of
any hazardous environments or critical systems that may lead to serious bodily injury
or death or cause environmental or property damage, and you are solely responsible
for liability that may arise in association with such use.</p>\n<p>\n<b>77.8.</b>
You may not market, advertise, or direct Alexa for Business towards anyone under
the age of 17.</p>\n<p>\n<b>77.9.</b> Alexa for Business is only available in countries
we designate.\nWe may restrict access to Alexa for Business from other locations.\nAWS
is not responsible for any use of Alexa for Business in countries where Alexa for
Business is not offered.</p>\n<p>\n<b>77.10.</b> AMCS LLC (\"AMCS\"), an affiliate
of AWS, may offer you certain Alexa-related communication services, such as the
ability to send and receive messages, calls, and connect with other users (collectively,
\"Alexa Calling and Messaging\").\nYour use of Alexa Calling and Messaging is also
subject to the AWS Acceptable Use Policy and Alexa Calling and Messaging Usage Guidelines,
which are part of these terms.\nAMCS and its affiliates may offer services other
than Alexa Calling and Messaging, which are not covered by these terms and may be
subject to other terms.\nYou, your End Users, or other call participants may be
able to ask Alexa for Business to help with certain functions during a call, such
as “Alexa, volume up” and “Alexa, hang up.” Certain Alexa Calling and Messaging
services are provided by our third party service providers, and we may provide them
with information, such as telephone numbers, to provide those services.</p>\n<p>\n<b>77.11.</b>
Alexa Calling and Messaging are not a replacement for traditional two-way telephone
or mobile phone service, and do not function as such.\nYou acknowledge that Alexa
Calling and Messaging do not support or carry emergency calling to any emergency
services personnel or public safety answering points (“Emergency Services”), such
as 911, and cannot determine the physical location of your devices or your End Users.\nAlexa
Calling and Messaging are not designed or intended to be used to send or receive
emergency communications to any police, fire department, hospital, or any other
service that connects a user to a public safety answering point.\nYou should ensure
you can contact your relevant emergency services providers through a mobile, landline
telephone, or other service acceptable to your local 911 provider.\nYou understand
and agree that it is your responsibility to: (a) make alternative arrangements for
you and your End Users that may use Alexa Calling and Messaging to access Emergency
Services.\nand (b) inform all End Users that may use Alexa Calling and Messaging
and Alexa for Business of these limitations and how they may access Emergency Services
via other means, including the alternative arrangements that you have made available.\nNeither
AWS nor its affiliates will be liable for any damages resulting from any Emergency
Services call or any inability to place an Emergency Services call utilizing Alexa
Calling and Messaging and Alexa for Business.\nYou agree to indemnify and hold AWS
and its affiliates harmless for any claims referring or relating to any Emergency
Services call or any inability to place an Emergency Services call utilizing Alexa
Calling and Messaging and Alexa for Business.</p>\n<p>\n<b>77.12.</b> AMCS does
not currently charge fees for Alexa Calling and Messaging, but reserves the right
to place limitations on use of certain services or features, including subscription
or other fees.\nYou and/or the recipient of your or your End Users’ calls or messages
may be required to pay carrier fees for data usage.\nAMCS has no responsibility
for such fees.</p> 78.\nAmazon GuardDuty <p>\n<b>78.1.</b> Amazon GuardDuty enables
you to direct us to generate findings based on third-party threat intelligence provided
by you.\nYou are responsible for maintaining licenses and adhering to the license
terms of any third-party threat intelligence you provide to generate findings.</p>\n<p>\n<b>78.2. </b>While
Amazon GuardDuty facilitates the identification of security issues, we do not represent,
warrant, or guarantee that all security issues will be identified or that your resources
evaluated using Amazon GuardDuty, or altered based on findings generated by Amazon
GuardDuty, will be of a certain fidelity, error free, or comply with a particular
security standard.</p> 79.\nAmazon SageMaker <p>\n<b>79.1.</b> You are responsible
for providing legally adequate privacy notices to End Users of your products or
services that use Amazon SageMaker (including, without limitation, End Users in
your private workforce when using Amazon SageMaker Ground Truth) and obtaining all
necessary consents from such End Users.\nYou represent to us that you have provided
all necessary privacy notices and obtained all necessary consents.</p>\n<p>\n<b>79.2.</b>
In conjunction with your use of Amazon SageMaker, you and your End Users may be
allowed to use NVIDIA Corporation’s CUDA Toolkit or cuDNN software.\nYou agree to
be bound by the NVIDIA Cloud End User License Agreement located at https://s3.amazonaws.com/EULA/Nvidia-EULA.txt
and NVIDIA third-party materials notices located at https://s3.amazonaws.com/EULA/Nvidia-3P-Notice.txt.</p>\n<p>\n<b>79.3.</b>
Amazon SageMaker is not intended for use in, or in association with, the operation
of any hazardous environments or critical systems that may lead to serious body
injury or death or cause environmental or property damage, and you are solely responsible
for liability that may arise in connection with any such use.</p>\n<p>\n<b>79.4.</b>
When using the public workforce of Amazon SageMaker Ground Truth: (a) you may not
provide datasets that contain protected health information, personal data, or personally
identifying information, (b) you may not provide datasets that contain adult content
without marking it as containing adult content, and (c) you acknowledge and agree
that Your Content provided to the public workforce may be moved outside of the AWS
region where you are using Amazon SageMaker Ground Truth.<br>\n</p> 80.\nAWS Single
Sign-On (AWS SSO) <p>\n<b>80.1. </b>You are responsible for compliance with
all end-user agreements and policies for the services or applications you access
using AWS Single Sign-On.</p> 81.\nAWS AppSync <p>\n<b>81.1. </b>You may use
AWS AppSync to publish, maintain, and monitor Your Content and to accept and process
API calls as further described in the Documentation for AWS AppSync.</p>\n<p>\n<b>81.2. </b>By
using AWS AppSync you acknowledge and agree that throttling thresholds established
by us may vary and cache services may be limited by us from time to time as needed
to operate and maintain the AWS AppSync service.\nIn addition and without limiting
your obligations under the Agreement, you agree not to and that you will not to
attempt to: (i) access any resources not assigned to you by us.\nor (ii) perform
any network discovery or load testing of Your Content inside AWS AppSync unless
expressly authorized by us in writing.</p>\n<p>\n<b>81.3.</b> You are responsible
for all fees incurred for AWS services that you use in connection with AWS AppSync.\nYou
are responsible for the creation, distribution, and security (including enabling
of access on any device) of any applications built on AWS AppSync on your AWS account.</p>
82.\nAWS IoT 1-Click <p>\n<b>82.1.</b> The hardware and equipment you use with AWS
IoT 1-Click must comply with the Documentation.\nYou are responsible for securing
your hardware and equipment, including using physical and logical security, firewalls,
and other network security tools as appropriate.\nYou are responsible for applicable
fees associated with your use of Services used in connection with AWS IoT 1-Click.</p>
83.\nGeneral Data Protection Regulation (GDPR) <p>\n<b>83.1.</b> These Service Terms
incorporate the AWS Data Processing Addendum (“DPA”), available here, when the GDPR
applies to your use of the AWS Services to process Customer Data (as defined in
the DPA).</p>\n<p>\n<b>83.2. </b>The DPA is effective as of 25 May 2018 and
replaces and supersedes any previously agreed data processing addendum between you
and AWS relating to the Directive 95/46/EC.</p> 84.\nAmazon Sumerian <p>\n<b>84.1. </b>Sumerian
Materials.\nAmazon Sumerian consists of an integrated development environment and
related assets and tools we make available at https://console.aws.amazon.com/sumerian/home
(collectively, “Sumerian Materials”).\nSumerian Materials are listed in the asset
library and may include Sumerian binary files (e.g., images, 3D meshes, and sounds).\nscripts.\ntext
files.\nhosts (which combine 3D mesh, textures and an animation rig that allows
for animated speech).\nand basic 3D shapes, such as furniture, lighting and other
common objects.\nSumerian Materials are AWS Content under the Agreement.\nThe term
“Sumerian Materials” does not include Your Content and/or Content distributed with
the Sumerian Materials under separate license terms (such as code licensed under
an open source license).</p>\n<p>\n<b>84.2.</b> License.\nIn addition to the rights
granted to AWS Content under the Agreement, subject to the terms in the Agreement
and in this Section 84, we also grant you a limited, revocable, non-exclusive, non-sublicensable
(except to End Users as provided below), non-transferrable license to do the following
during the Term:</p>\n<p>(a) Development: You may use, reproduce, modify, and create
derivative works of the Sumerian Materials to develop and support 3D, augmented
reality (“AR”) and virtual reality (“VR”) applications that run on AR- or VR-enabled
(or compatible) platforms, mobile devices and web browsers (each such work, a “Sumerian
Scene”).</p>\n<p>(b) Distribution to End Users: You may use, reproduce, modify,
create derivative works of, publicly display, publicly perform, and distribute (including
via third party distributors as long as such distribution is done through the applicable
Sumerian Scenes’ published URL) to End Users the Sumerian Materials (including any
permitted modifications and derivatives) as part of a Sumerian Scene.\nYou may sublicense
the rights set forth in this Section 84.2, subject to the limitations and restrictions
in these terms, to your End Users solely for the purpose of enabling your End Users
to use and modify your Sumerian Scene.</p>\n<p>(c) Each Sumerian Scene must provide
material content or functionality beyond that provided by the Sumerian Materials,
and the Sumerian Materials must be integrated into each Sumerian Scene such that
they are not separately usable by End Users.</p>\n<p>(d) Other Restrictions.\nYour
use of the Sumerian Materials must comply with the Agreement and the AWS Acceptable
Use Policy.\nWithout limiting the license restrictions set out in the Agreement,
you may not (i) use the Sumerian Materials or any portion thereof as part of a logo
or trademark, (ii) remove, obscure, or alter any proprietary rights notices (including
copyright and trademark notices) contained in the Sumerian Materials, or (iii) sell,
lease, rent or otherwise sublicense or exploit for monetary compensation the Sumerian
Materials or any portion thereof, except as part of a Sumerian Scene.</p>\n<p>\n<b>84.3.</b>
No License Fee.\nThere is no fee for the licenses granted in Section 84.2.\nOther
fees and terms may apply to Service Offerings and Third Party Content made available
in connection with the Sumerian Materials.</p> 85.\nAWS RoboMaker <p>\n<b>85.1.</b>
RoboMaker Materials.\nAWS RoboMaker includes an integrated development and simulation
environment and related assets and tools we make available at https://aws.amazon.com/robomaker/
(collectively, “RoboMaker Materials”).\nRoboMaker Materials are available for download
through the AWS RoboMaker Service and may include AWS RoboMaker binary files (e.g.,
images, 3D meshes, and sounds).\nscripts.\ntext files.\nSDF formatted worlds.\nand
basic 3D shapes, such as furniture, lighting and other common objects.\nRoboMaker
Materials are AWS Content under the Agreement.</p>\n<p>\n<b>85.2.</b> License.\nIn
addition to the rights granted to AWS Content under the Agreement, subject to the
terms in the Agreement and in this Section 85.2, we also grant you a limited, revocable,
non-exclusive, non-sublicensable (except to End Users as provided below), non-transferrable
license to do the following during the Term:</p>\n<p>(a) Development: You may use,
reproduce, modify, and create derivative works of the RoboMaker Materials to develop
and support AWS RoboMaker test and simulation environments that run on your AWS
or on-premises computing resources (each such simulation environment, a “RoboMaker
Simulation”).</p>\n<p>(b) Distribution to End Users: You may use, reproduce, modify,
create derivative works of, publicly display, publicly perform, and distribute to
End Users the RoboMaker Materials (including any permitted modifications and derivatives)
as part of a RoboMaker Simulation.\nYou may sublicense the rights set forth in this
Section 85.2 to your End Users solely for the purpose of enabling your End Users
to use and modify your RoboMaker Simulation.</p>\n<p>(c) Other Restrictions: Each
RoboMaker Simulation must provide material content or functionality beyond that
provided by the RoboMaker Materials, and the RoboMaker Materials may not be distributed
to End Users except as part of a RoboMaker Simulation as permitted by this Section
85.2.</p> 86.\nAmazon FSx <p>\n<b>86.1.</b> Using Microsoft Software.\nIn conjunction
with your use of Amazon FSx for Windows File Server, you may use certain software
(including related documentation) developed and owned by Microsoft Corporation or
its licensors (collectively, the “Microsoft Software”).\nIf you use the Microsoft
Software, Microsoft and its licensors require that you agree to these additional
terms and conditions:</p>\n<p>• The Microsoft Software is neither sold nor distributed
to you and you may use it solely in conjunction with the Services.</p>\n<p>• You
may not transfer or use the Microsoft Software outside the Services.</p>\n<p>• You
may not remove, modify or obscure any copyright, trademark or other proprietary
rights notices that are contained in or on the Microsoft Software.</p>\n<p>• You
may not reverse engineer, decompile or disassemble the Microsoft Software, except
to the extent expressly permitted by applicable law.</p>\n<p>• Microsoft disclaims,
to the extent permitted by applicable law, all warranties by Microsoft and any liability
by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential,
arising from the Services.</p>\n<p>• Microsoft is not responsible for providing
any support in connection with the Services.\nDo not contact Microsoft for support.</p>\n<p>•
You are not granted any right to use the Microsoft Software in any application controlling
aircraft or other modes of human mass transportation, nuclear or chemical facilities,
life support systems, implantable medical equipment, motor vehicles, weaponry systems,
or any similar scenario (collectively, “High Risk Use”).\nMicrosoft and its suppliers
disclaim any express or implied warranty of fitness for High Risk Use.\nHigh Risk
Use does not include utilization of the Microsoft Software 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.\nThese non-controlling applications may
communicate with the applications that perform the control, but must not be directly
or indirectly responsible for the control function.</p>\n<p>• Microsoft is an intended
third-party beneficiary of these additional terms and conditions, with the right
to enforce its provisions.</p> 87.\nAWS Security Assurance Services <p>\n<b>87.1.</b>
“AWS Security Assurance Services” are advisory and consulting services that assist
you in running regulated data workloads using the Services.\nAWS Security Assurance
Services are provided by AWS Security Assurance Services LLC (“SAS”) or certain
of its affiliates.\nSAS is an affiliate of AWS.\nIf SAS provides AWS Security Assurance
Services to you, then this Section 87 will apply.\nReferences to “Services” in the
Agreement include AWS Security Assurances Services.</p>\n<p>\n<b>87.2.</b> To receive
AWS Security Assurances Services, you must enter into a statement of work for each
specific project that describes the project and additional terms and conditions
applicable to the project (each statement of work, a “SOW”).\nEach SOW is made part
of the Agreement.\nSAS or certain of its affiliates may enter into SOWs with you.\nFor
the purposes of a SOW, references to “SAS” in the SOW and references to “AWS” or
“SAS” in the Agreement mean references to the SAS entity that enters into the SOW.\nNo
SAS entity other than the SAS entity that enters into the SOW has any obligations
under such SOW.\nAny SOW (together with the Agreement as amended by such SOW) is
intended by the parties as a final, complete and exclusive expression of the terms
of their agreement and supersedes all prior agreements and understandings (whether
oral or written) between the parties with respect to such subject matter.\nIf there
is a conflict between a SOW and this Section 87, and the SOW explicitly states that
it intends to modify the conflicting terms, then the SOW will control.</p>\n<p>\n<b>87.3.</b>
Each SOW will show the charges for the AWS Security Assurances Services that SAS
will provide.\nCharges are exclusive of applicable taxes, duties and levies (e.g.,
VAT, GST, sales tax and use tax).\nCharges for AWS Security Assurances Services
are in addition to any applicable fees for your use of the other Services.\nSAS,
or one of its affiliates on behalf of SAS, will invoice you monthly for the AWS
Security Assurances Services and you must pay all invoiced amounts in accordance
with the terms of the Agreement.\nPayments for AWS Security Assurances Services
are not refundable.</p>\n<p>\n<b>87.4.</b> You acknowledge that SAS does not provide
legal advice.\nYou are responsible for making your own assessment of your legal
and regulatory requirements and whether your use of the Services meets those requirements.</p>\n<p>\n<b>87.5.</b>
As stated in the Agreement, you are solely responsible for your use of Third Party
Content, and this includes any Third Party Content recommended by SAS.\nOther than
Third Party Content, Content that SAS provides as part of the AWS Security Assurance
Services is “AWS Content.” You are solely responsible for testing, deploying, maintaining
and supporting Content provided or recommended by SAS.</p>\n<p>\n<b>87.6.</b> Any
materials or information that you own or license from a third party that is provided
to SAS for the purposes of the AWS Security Assurance Services are “Your Content.”
If you choose to provide access to Your Content to SAS, then you will ensure that
you have adequate rights and permissions to do so.<br>\n</p> 88.\nAmazon WorkLink
<p>\n<b>88.1.\n</b>You and your End Users may only use the Amazon WorkLink client
software on devices owned or controlled by you or your End Users and solely to access
Your Content for internal business purposes.\nYou must create an end user account
for each End User authorized to access Amazon WorkLink, and each End User may be
permitted to use a limited number of devices or sessions in any calendar month.\nPlease
see the Documentation for details on creation of End User accounts, and on device
or session limits.</p>\n<p>\n<b>88.2.</b> As part of regular operations, Amazon
WorkLink may perform configurations, health checks, and diagnostics on a regular
basis.\nTo complete these tasks, Amazon WorkLink may access your End Users’ devices
that are provisioned as part of the Amazon WorkLink setup.\nDuring the performance
of these tasks, Amazon WorkLink will only retrieve performance, log data, and other
information related to the operation and management of the Service.</p>\n<p>\n<b>88.3.\n</b>You
are responsible for providing legally adequate privacy notices to your End Users
that use Amazon WorkLink and obtaining any necessary consent from such End Users
related to their use of Amazon WorkLink (including the activities described in section
88.2.\nabove).\nYou represent to us that you have provided any necessary privacy
notices and obtained any necessary consents.\nYou are responsible for deleting any
data generated by Amazon WorkLink and stored by you to the extent required under
applicable law.<br>\n</p> 89.\nAWS Training and AWS Certification <p>\n<b>89.1.</b>
AWS Training (“Training”) includes instructor led or self-paced digital classes,
labs or other training sessions.\nAWS Certification is a designation certified by
AWS on successful completion of role-based or specialty exams that are provided
by AWS or an authorized third-party provider.\nIf AWS provides you with either AWS
Certification or Training, then this Section 89 will apply.\nReferences to “Services”
in the Agreement include AWS Certification and Training.</p>\n<p>\n<b>89.2.</b>
To arrange on-site instructor led Training for your employees or other individuals
(your “Students”), you and AWS or an AWS affiliate must execute an order form that
will provide the details and applicable terms and conditions for your Training.\n(“Training
Order”).\nEach Training Order will be made a part of the Agreement, and will be
the final expression of the terms of the parties’ agreement and supersedes all prior
agreements and understandings (whether oral or written) between the parties with
respect to such subject matter.\nReferences to “AWS” in the Training Order mean
the AWS entity that executes it, and no other AWS entity will have any obligations
under the Training Order.\nIf there is a conflict between this Section 89 and a
Training Order, the Training Order will control.</p>\n<p>\n<b>89.3.</b> For Students
whose participation in AWS Training Services has been arranged by a third party
(such as the Student’s employer or educational institution) (“Coordinator”), AWS
will disclose information about the Student’s participation to the Coordinator.\nThis
information will include a record of the Student’s attendance, the results of any
test or examination, responses to surveys, and personal data such as the name and
the email address used to register for the Training, (collectively “Training Data”).\nAWS
will process personal Training Data in accordance with the AWS Privacy Notice, available
at https://aws.amazon.com/privacy.\nAWS will disclose the Training Data to the Coordinator
for certain legitimate business purposes including to (a) confirm that AWS has delivered
the Training in accordance with the terms agreed between AWS and the Coordinator,
(b) confirm whether the Student has successfully undertaken the Training, and (c)
identify additional Training that might be of interest to the Student or the Coordinator.</p>\n<p>\n<b>89.4.</b>
Either you or AWS may cancel any on-site Training at least 14 days prior to the
start date.\nIf your on-site Training is canceled according to the prior sentence,
AWS will refund the cost of that Training class, or reschedule that class on a mutually
agreeable date.</p>\n<p>\n<b>89.5.</b> AWS may suspend your access to and use of
Training at any time without notice (except as may be prohibited by applicable law)
if AWS determines that your or your Students’ use of Training violates the AWS Acceptable
Use Policy.</p>\n<p>\n<b>89.6.</b> Additional terms and conditions apply to Training
in certain jurisdictions.\nThese terms and conditions are available at https://aws.amazon.com/training/jurisdictional-terms/
and are incorporated by reference into the Agreement.\n </p> "
updated_at:
- 2019-02-14 10:31:33.601873000 Z
- 2019-02-17 10:40:25.288366503 Z