Western Cloud Data Service Terms for Amazon Web Services (Ningxia Region)
Last Updated: September 29, 2022
The Service Terms below govern your use of the Services. Capitalized terms used in these Service Terms but not defined below are defined in the Western Cloud Data Customer Agreement for Amazon Web Services (Ningxia Region) (“Customer Agreement”) or other agreement with Ningxia Western Cloud Data Technology Co., Ltd. (“Western Cloud Data”, “we”, “us” or “our”) governing your use of the Services (the “Agreement”). For purposes of these Service Terms, “Your Content” includes any “Company Content” and any “Customer Content,” and “Service Content” includes “Amazon Properties.”
1. Universal Service Terms (Applicable to All Services)
1.1. You may not transfer outside the Services any software (including related documentation) you obtain from us or third party licensors in connection with the Services without specific authorization to do so.
1.2. You must comply with current technical documentation applicable to the Services (including applicable user, admin, and developer guides) posted on the Amazon Web Services China Site.
1.3. 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. You 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.
1.4. In connection with your use of the Services, you are responsible for maintaining licenses and adhering to the license terms of any software you run. 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. If 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. Notwithstanding 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 or in accordance with applicable law or any judicial, regulatory or other governmental order or request. In the event that we remove Your Content without prior notice, we will provide prompt notice to you unless prohibited by law. We terminate the accounts of repeat infringers in appropriate circumstances.
1.5. You will ensure that all information you provide to us via the Amazon Web Services China Site (e.g., information provided in connection with your registration for the Services, requests for increased usage limits) is accurate, complete, and not misleading.
1.6. From time to time, we may apply upgrades, patches, bug fixes, or other maintenance to the Services and Service Content (“Maintenance”). We 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.
1.7. If your Agreement does not include a provision on Confidential Information, and you and we do not have an effective non-disclosure agreement in place, then you agree that you will not disclose Confidential Information (as defined in the Customer Agreement), except as required by law.
1.8. You may perform benchmarks or comparative tests or evaluations (each, a “Benchmark”) of the Services. If you perform or disclose, or direct or permit any third party to perform or disclose, any Benchmark of any of the Services, 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.
1.9. When you use a Service, you may be able to use or be required to use one or more other Services (each, an “Associated Service”), and when you use an Associated Service, you are subject to the terms and fees that apply to that Associated Service.
1.10. If you process the personal data of End Users or other identifiable individuals in your use of a Service, you are responsible for providing legally adequate privacy notices and obtaining necessary consents for the processing of such data. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for processing such data in accordance with applicable law.
1.11. If you have been charged for a Service for a period when that Service was unavailable (as defined in the applicable Service Level Agreement for each Service), you may request a Service credit equal to any charged amounts for such period.
1.12. Following closure of your Amazon Web Services account, we will delete Your Content in accordance with the Documentation.
1.13. Your receipt and use of any Promotional Credits is subject to the Amazon Web Services Promotional Credit Terms & Conditions.
1.14. We will not use Individualized Usage Data or Your Content to compete with your products and services. “Individualized Usage Data” means data about your use of the Services that are specifically identified with your account.
1.15. We may use information about how you use and interact with the Services to improve those Services.
1.16. Information included in resource identifiers, metadata tags, access controls, rules, usage policies, permissions, and similar items related to the management of Amazon Web Services resources does not constitute Your Content. We recommend that you do not include personally identifying, confidential, or sensitive information in these items.
2. Betas and Previews
2.1. This Section describes the additional terms and conditions under which you may (a) access and use certain features, technologies, and services made available to you by us that are not yet generally available, including, but not limited to, any products, services, or features labeled “beta”, “preview”, “pre-release”, or “experimental”, and any related Service Content (each, a “Beta Service”) or (b) access and use Services and any related Service Content available in Amazon Web Services regions that are not generally available, including, but not limited to, any Amazon Web Services regions identified by us as “beta”, “preview”, “pre-release”, or “experimental” (each, a “Beta Region”).
2.2. You must comply with all terms related to any Beta Service or Beta Region as posted on the Amazon Web Services China Site or otherwise made available to you. We may add or modify terms, including lowering or raising any usage limits, related to access to or use of any Beta Services or Beta Regions at any time. Service Level Agreements do not apply to Beta Services or Beta Regions.
2.3. You may provide us with information relating to your access, use, testing, or evaluation of Beta Services or Beta Regions, including observations or information regarding the performance, features, and functionality of Beta Services or Beta Regions (“Test Observations”). We will own and we and our licensors may use and evaluate all Test Observations for its own purposes. You will not use any Test Observations except for your internal evaluation purposes of any Beta Service or Beta Region.
2.4. We may suspend or terminate your access to or use of any Beta Service or Beta Region at any time. Your access to and use of each Beta Service and Beta Region will automatically terminate upon the release of a generally available version of the applicable Beta Service or Beta Region or upon notice of termination by us. Notwithstanding anything to the contrary in the Agreement, after suspension or termination of your access to or use of any Beta Service or Beta Region for any reason, (a) you will not have any further right to access or use the applicable Beta Service or Beta Region, and (b) Your Content used in the applicable Beta Service or Beta Region may be deleted or inaccessible.
2.5. Test Observations, Suggestions concerning a Beta Service or Beta Region, and any other information about or involving (including the existence of) any Beta Service or Beta Region are considered Confidential Information.
2.6. WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT OR THE SERVICE TERMS, BETA SERVICES AND BETA REGIONS ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, WE ARE PROVIDING BETA SERVICES AND BETA REGIONS TO YOU “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SERVICES AND BETA REGIONS, INCLUDING ANY WARRANTY THAT THE BETA SERVICES AND BETA REGIONS WILL BECOME GENERALLY AVAILABLE, 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. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR 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. OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY BETA SERVICES AND BETA REGIONS WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
3. Amazon CloudFront
You must own or have all necessary rights to use any domain name or SSL certificate that you use in conjunction with Amazon CloudFront. You 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.
4. Amazon Elastic Compute Cloud
4.1. 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 “Microsoft Software”).
4.1.1. If you use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:
- The Microsoft Software is neither sold nor distributed to you, and you may use it solely in conjunction with the Services.
- You may not transfer or use the Microsoft Software outside the Services.
- You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Microsoft Software.
- You may not reverse engineer, decompile, or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law.
- 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.
- Microsoft is not responsible for providing any support in connection with the Services. Do not contact Microsoft for support.
- 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”). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High Risk Use. High 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. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.
- Microsoft is an intended third-party beneficiary of this Section 4.1.1, with the right to enforce its provisions.
4.1.2. 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, portions 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.
4.2. In 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. Use of third party software is subject to these additional terms and conditions:
- 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.
- 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 and NVIDIA Third Party Materials Notices.
- 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. Red Hat also disclaims any (i) warranties with respect to Red Hat, Inc. software; and (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. software.
- By using SUSE LLC’s software, you agree to be bound by the terms and conditions of the SUSE End User License Agreement and the SUSE Terms and Conditions.
- By using Apple Inc.’s software, you agree to be bound by the terms and conditions of the applicable Apple Software License Agreement.
4.3. Unless you specify a termination date, your Spot Instance request will remain active until the earlier of the following: (1) seven days have passed, (2) we fulfill it, or (3) you cancel it. We may terminate, stop, or hibernate Spot Instances at any time and without any notice to you if the current price for the applicable Spot Instance (the “Spot Price”) equals or exceeds the price you specified you were willing to pay for the Spot Instance (“Your Maximum Price”). Spot Instances purchased for a fixed duration (“Spot Blocks”) will not be terminated because the Spot Price equals or exceeds Your Maximum Price (if specified), but will terminate at the conclusion of the fixed duration. Spot Instances and Spot Blocks may also be terminated for our capacity requirements. If a Spot Block is terminated due to our capacity requirements, you will not be charged for that Spot Block. Spot Instances may not be used with certain Services, features, and third-party software we specify, including IBM software packages or Microsoft SQL Server. You may not, directly, indirectly, alone, or in cooperation with any third party, attempt to control, influence, or manipulate the price for Spot Instances. You may not submit requests for Spot Instances through any third party (e.g., “proxy bidding”) or share information with any third party regarding Your Maximum Price specified in your Spot Instance Requests.
4.4. EC2 Reserved Instances and Dedicated Hosts.
4.4.1. We may change EC2 Reserved Instance and EC2 Dedicated Host Reservation pricing at any time, but price changes will not apply to previously designated EC2 Reserved Instances or EC2 Dedicated Host Reservations, except as described in this Section 4.4. If Microsoft increases the license fees it charges for Windows, or if Red Hat increases the license fees it charges for Red Hat Enterprise Linux (“RHEL”), 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. Any 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. For any increase in (or institution of) the per-hour usage rate for EC2 Reserved Instances with RHEL, we will provide 30 days’ advance notice. If this happens, you may: (a) continue to use your EC2 Reserved Instances with Windows or RHEL with the new per-hour usage price; (b) convert your EC2 Reserved Instances with Windows or RHEL to comparable EC2 Reserved Instances with Linux; or (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.
4.4.2. We may terminate the EC2 Reserved Instance or EC2 Dedicated Host Reservation pricing programs at any time. EC2 Dedicated Hosts and EC2 Reserved Instances are nontransferable. EC2 Reserved Instances and EC2 Dedicated Host Reservations are noncancellable, and EC2 Dedicated Hosts associated with an active EC2 Dedicated Host Reservation cannot be removed from your account, so you will be charged for the duration of the term you selected, even if you terminate the Agreement. All amounts paid in connection with EC2 Reserved Instances and EC2 Dedicated Host Reservations are nonrefundable, except that if we terminate the Agreement other than for cause, terminate an individual EC2 Reserved Instance or EC2 Dedicated Host Reservation type, or terminate EC2 Reserved Instance or EC2 Dedicated Host pricing program(s), we will refund you a pro rata portion of any up-front fee paid in connection with any previously designated EC2 Reserved Instances or EC2 Dedicated Hosts. Upon expiration or termination of the term of EC2 Reserved Instances or EC2 Dedicated Host Reservations, the reserved pricing will expire and standard on-demand usage prices will apply. You are responsible for determining if you are subject to any limitations arising from the purchase of EC2 Reserved Instances or EC2 Dedicated Host Reservations. For example, you are responsible for complying with any applicable laws, policies, terms or conditions governing your payment of up-front fees or the expiration of reserved resources, including any fiscal or appropriation laws, or other policies or restrictions governing up-front payments for goods or services.
4.5. Amazon EC2 enables you to provision Amazon EC2 instances using your Microsoft Software and Microsoft Licenses (the “BYOL Program”). Unless otherwise specified in your agreement(s) with Microsoft, you can participate in the BYOL Program only if you comply with the requirements here, and you (a) use Dedicated Instances or Dedicated Hosts; and (b) launch from Virtual Machines (VMs) sourced from software binaries provided by you.You must be eligible to use the BYOL Program for the applicable Microsoft Software under your agreements with Microsoft. You are solely responsible for obtaining all required licenses and for complying with all applicable Microsoft licensing requirements, including the Product Use Rights/Product Terms. By using the Microsoft Software under the BYOL Program, you agree to Microsoft's End User License Agreement. You agree that you have determined that your use of the BYOL Program will comply with the applicable Microsoft licensing requirements. Usage of the Services in violation of your agreement(s) with Microsoft is not authorized or permitted.
4.6. As part of using Amazon EC2, you agree that your Amazon EC2 resources may be terminated or replaced due to failure, retirement or other requirements made by us. THE USE OF AMAZON EC2 DOES NOT GRANT YOU, AND YOU HEREBY WAIVE, ANY RIGHT OF PHYSICAL ACCESS TO, OR PHYSICAL POSSESSION OF, ANY SERVERS, EQUIPMENT, REAL OR PERSONAL PROPERTY, OR OTHER ASSETS.
5. Amazon CloudWatch and Autoscaling
Amazon CloudWatch collects and stores certain information for the Services you are monitoring, including CPU utilization, data transfer, and disk usage and activity (collectively, “CloudWatch Metric Data”). CloudWatch Metric Data may be used by us or our licensors to maintain and provide the Services (including development and improvement of the Services).
6. Amazon Snowball
6.1. “Amazon Import/Export” includes: Amazon Snowball.
6.2. As part of Amazon Snowball, we will ship you an agreed upon number of “Snowball” hardware appliances (each an “Appliance”) and provide you with access to the applicable Amazon Snowball Client software (together with the software contained on the Appliance, and any updates or upgrades to the foregoing, the “Appliance Software”). You agree that you will not allow any Appliance to leave the country to which the Appliance is shipped until you provide it (in the same country) to a carrier for redelivery to us. Upon our request for any reason, you will promptly return any appliance to us. Appliances collect and provide us with metrics regarding the use of Appliances, including boot times, size of transferred files, duration of transfers, and errors or timeouts. These metrics may be associated with your account ID, and we or our licensors may use these metrics to maintain and provide the Services (including development and improvement of the Services).
6.3. Once Amazon Import/Export services are complete, we will delete data from the Appliances.
6.4. You are responsible for payment of all customs, duties, taxes, and other charges in connection with Appliances being shipped to or from us.
6.5. For Amazon Snowball, you are responsible for any damage to, or loss of, an Appliance after delivery to you until the carrier accepts the Appliance for delivery back to us. In addition to other rights and remedies we may have under the Agreement, we may charge you the applicable lost device fee specified on the Amazon Snowball pricing pages if: (a) an Appliance is lost or irreparably damaged between when it is first in your possession and when the carrier accepts the Appliance for delivery back to us; or (b) unless otherwise contemplated by the Documentation or agreed by us, you do not provide the Appliance to the carrier for return to us within 90 days of the date it was delivered to you.
6.6. YOU ARE SOLELY RESPONSIBLE FOR APPLYING APPROPRIATE SECURITY MEASURES TO YOUR DATA AND YOUR USE OF APPLIANCES, INCLUDING ENCRYPTING SENSITIVE DATA AND NOT ALLOWING UNAUTHORIZED ACCESS TO ANY APPLIANCE.
6.7. We, our affiliates, our licensors or their affiliates maintain all rights in the Appliances and Appliance Software, and is not selling, renting, leasing, or ¬transferring any ownership, intellectual or other rights in the Appliances or Appliance Software to you. You will not, and will not purport to, assign, grant, or transfer the Appliances or Appliance Software or any interest in the Appliances or Appliance Software to any individual or entity, and any such purported assignment, grant or transfer is void. Without limiting the foregoing, you will not (or attempt to), and will not permit or authorize third parties to (or attempt to), (a) scan, x-ray, open, modify, alter, disassemble, or otherwise attempt to view the inside of or tamper with the Appliance; or (b) circumvent or disable any features or measures in the Appliance or Appliance Software. You acknowledge that the Appliances may be equipped with tamper monitoring.
6.8. You will return all Appliances to us for assessment and to enable us to determine how they can be reused and which components must be recycled in an environmentally sound manner, regardless of the external condition of the Appliance and even if you believe the Appliance may be damaged or non-functional. You will not, under any circumstance, treat or dispose of an Appliance (or any component thereof, including internal batteries) as waste. Shipments of used Appliances must be conducted in a manner consistent with applicable laws relating to used electronic equipment.
6.9. 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. You are responsible for serving as the exporter and importer of record (as applicable) for your data, software, or technology, and you accept that we will not participate in the export or import procedure.
7. Amazon Relational Database Service (Amazon RDS)
7.1. You may store snapshots of Your Amazon RDS Content for later use in Amazon RDS, but snapshots cannot be downloaded outside the Services.
7.2. The Reserved DB Instance program allows you to designate Amazon RDS database instances as subject to the reserved pricing and payment terms set forth on the Amazon RDS detail page on the Amazon Web Services China Site (each designated instance, a “Reserved DB Instance”). We may terminate the Reserved DB Instance program at any time. We may change pricing for the Reserved DB Instance program at any time, but price changes will not apply to previously designated Reserved DB Instances. Reserved DB Instances are noncancellable, and you will owe the amount charged for the Reserved DB Instance for the duration of the term you selected, even if the Agreement is terminated. Reserved 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 program, we will refund you a pro rata portion of any up-front fee paid in connection with any previously designated Reserved DB Instances. Upon 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.
7.3. Using Oracle Software.
7.3.1. “License Included”. As part of the Services, you may be allowed to use certain software (including related documentation) described on the Amazon Web Services China Site developed and owned by Oracle America, Inc. or its affiliates (“Oracle”) and Oracle’s licensors (collectively, the “Oracle Software”). If 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:
- 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.
- The Oracle Software is subject to a restricted license and may only be used in connection with the Services, and only by the individual or legal entity that entered into the Agreement.
- You may only use the Oracle Software for your internal business operations and in accordance with the Agreement. You 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.
- You may not:
- 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;
- use the Oracle Software for rental, timesharing, subscription services, hosting, or outsourcing;
- remove or modify any notice of Oracle’s or its licensors’ proprietary rights;
- make the Oracle Software available in any manner to any third party for use in the third party’s business operations;
- 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); or
- publish any results of benchmark tests run on the Oracle Software.
- 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 Services and under the terms of the third party license agreement specified in the documentation, not this Agreement.
- 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.
- 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 7.3.1 of these Service Terms.
- The Uniform Computer Information Transactions Act does not apply to your use of the Oracle Software.
- Upon any termination of the Agreement, you must discontinue use of the Oracle Software and any related documentation.
7.3.2. “Bring-Your-Own-License” (BYOL). Under the BYOL option, Amazon RDS enables you to provision Oracle Software to Amazon EC2 instances and use the management capabilities of Amazon RDS for the Oracle Software. You can use the Oracle Software with Amazon RDS if you meet the following conditions:
- You must have a valid license with “Software Update License & Support” for the Oracle Software you wish to run. The terms of your existing license and support agreement(s) with Oracle continue to apply to your use of the Oracle Software; and
- You must follow Oracle’s current policies for licensing Oracle Database software in the cloud computing environment. The database instances using the Oracle Software with Amazon RDS reside in the Amazon EC2 environment.
7.4. Using Microsoft Software. “License Included.” Use of Microsoft Software on Amazon RDS is subject to Section 4.1 above and these additional terms and conditions:
- SQL Server Web Edition may be used only to support public and Internet accessible Web pages, Web sites, Web applications, or Web services. It may not be used to support line of business applications (e.g., Customer Relationship Management, Enterprise Resource Management, and other similar applications).
- Microsoft is an intended third-party beneficiary of this Section 7.4, with the right to enforce its provisions.
8. Amazon Simple Notification Service (Amazon SNS)
8.1. Fees for Amazon SNS will apply regardless of whether delivery of your notifications is prevented, delayed, or blocked due to reasons outside of our control.
8.2. You are responsible for complying with legal requirements related to unsolicited or unwanted communications, including without limitation, any telemarketing law.
8.3. We may change, discontinue, or deprecate support for a third party push notification platform at any time.
8.4. Through your use of Amazon SNS you will not:
- Transmit any material that contains viruses, Trojan horses, worms, or any other malicious or harmful programs.
- Offer or purport to offer any Emergency Services. “Emergency Services” means services that allow a user to connect with emergency services personnel or public safety answering points, such as 110, 119 or 120 services.
- 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.
- Transmit material that is sexually explicit, relates to “adult services”, or contains sensitive financial or identifying information (such as personal ID number)
- Resell, sublicense, or timeshare the Services, or use them on behalf of anonymous or other third parties.
- 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).
9. Amazon Identity and Access Management (IAM)
9.1. We may change user credentials created by you using IAM if we determine in our reasonable discretion that a change is necessary for the protection of your Amazon Web Services account and resources, and we will promptly notify you of any such change.
9.2. We may change, discontinue, or deprecate support for any third-party identity provider at any time without prior notice.
10. Amazon Route 53
10.1. You may not create a hosted zone for a domain that you do not own or have authority over.
10.2. All Domain Name System (DNS) records (other than Private DNS records) used in connection with Amazon Route 53 will be publicly available, and we will have no liability for disclosure of those DNS records.
11. Amazon Elastic Beanstalk
11.1. We may reject or modify any URL used in connection with an Amazon Elastic Beanstalk environment that violates the intellectual property rights any third-party or violates the Acceptable Use Policy.
11.2. If you stop running your Amazon Elastic Beanstalk environment at any time, the [myapp] portion of the URL used in connection with the environment will no longer be available to you and may be used by another customer.
12. Amazon Direct Connect
12.1. You are responsible for protecting your Amazon Direct Connect connections, including using physical security, firewalls, and other network security tools as appropriate.
12.2. We will permit data center operators or other service providers to connect your hardware to our hardware at the Amazon Direct Connect location(s) that you select. We 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 Amazon Web Services account number.
12.3. 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. You are responsible for providing or procuring (and we will not own or be responsible for) any equipment or cabling necessary to establish this dedicated connection.
12.4. If the connection you establish as part of Amazon Direct Connect is temporarily unavailable or terminated, we will route traffic bound for your resources over the public Internet and our standard data transfer charges will apply.
13. Amazon ElastiCache
13.1. You may not access or tamper with any software we install on the cache nodes as part of Amazon ElastiCache.
13.2. The Reserved Cache Node program allows you to purchase reserved Amazon ElastiCache cache nodes subject to the reserved pricing and payment terms set forth on the Amazon ElastiCache detail page on the Amazon Web Services China Site (each designated instance, a “Reserved Cache Node”). We may terminate the Reserved Cache Node program at any time. We may change the pricing for Reserved Cache Nodes at any time, but price changes will not apply to previously designated Reserved Cache Nodes. Reserved 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 program, we will refund you a pro rata portion of any up-front fee paid in connection with any previously designated Reserved Cache Nodes. Upon expiration or termination of the term of a Reserved Cache Node, standard on-demand usage prices will apply to the cache nodes you use.
14. Amazon DynamoDB
The Amazon DynamoDB Reserved Capacity program allows you to purchase reserved throughput capacity (reads and writes) subject to the pricing and payment terms set forth on the Amazon DynamoDB detail page on the Amazon Web Services China Site (“Amazon DynamoDB Reserved Capacity”). We may terminate the Amazon DynamoDB Reserved Capacity program at any time. We 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. Amazon 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. Upon 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.
15. Amazon Web Services Marketplace
15.1. Except to the extent Content made available through Amazon Web Services Marketplace 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.
15.2. We may stop providing Amazon Web Services Marketplace (or any features of or listings within Amazon Web Services Marketplace), without prior notice to you. In addition, we may disable or remove Content you have purchased on Amazon Web Services Marketplace, if we determine that the Content may violate any Policies or any other regulations, policies, or laws.
16. Amazon WorkSpaces
16.1. Any Content that you or any End User run on, cause to interface with, or upload to your WorkSpaces is Your Content. You are responsible for maintaining licenses and adhering to the license terms of any of Your Content on your WorkSpaces.
16.2. Use of Microsoft Software on Amazon WorkSpaces is subject to Section 4.1 above. Microsoft is an intended third-party beneficiary of this Section 16.2 with the right to enforce its provisions.
16.3. Amazon WorkSpaces is designed to serve as a cloud desktop service. WorkSpaces may not be used to accept inbound network connections, as server instances, or to serve web traffic or your network traffic, and you may not reconfigure the inbound network connections of your WorkSpaces.
16.4. You and End Users may only use the WorkSpaces client software on computer equipment owned or controlled by you or your End Users. Your use of the WorkSpaces client software is governed by the Amazon WorkSpaces Application License Agreement.
16.5. To perform configurations, health checks, and diagnostics on Amazon WorkSpaces, we may collect and use performance and log information tied to the operation and management of the Service.
16.6. Software installed by us on your WorkSpaces may connect to a license activation server hosted by Amazon Web Services. You may not attempt to prevent any license activation function.
16.7. As part of regular operation of Amazon WorkSpaces, WorkSpaces may be updated with operating system and software upgrades, patches, and bug fixes. During these updates, only software, documents, and settings that are part of the operating system image used for the WorkSpace or part of a user’s profile (D: drive in the WorkSpace) will persist.
16.8. Microsoft BYOL Licensing. Under 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. You are solely responsible for obtaining all required licenses and for complying with all applicable Microsoft licensing requirements, including the Product Use Rights/Product Terms. Further, 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. You agree that you have determined that your use of the WorkSpaces BYOL Program will comply with the applicable Microsoft licensing requirements. Usage of the Services in violation of your agreement(s) with Microsoft is not authorized or permitted.
17. Amazon Lambda
We may delete, upon 30 days’ notice to you, any of Your Content uploaded to Amazon Lambda if it has not been run for more than 3 months. You may only use Lambda’s storage resources to store function code (compiled or uncompiled), dependencies (e.g. layers), and related configuration and meta-data, as necessary to execute your code on Lambda (per the Documentation). Any other use, including but not limited to, using Lambda’s storage for the purpose of hosting generally accessible content for download or storage, is not permitted and may result in us deleting Your Content.
18. Amazon Directory Service
Use of Microsoft Software on Amazon Directory Service is subject to Section 4.1 above. Microsoft is an intended third-party beneficiary of this Section 18, with the right to enforce its provisions.
19. Amazon OpenSearch Service (successor to Amazon Elasticsearch Service)
Amazon OpenSearch Service creates daily automated snapshots of your Amazon OpenSearch Service domains. We will maintain these automated snapshots for a period of at least 14 days after they are created. We may delete automated snapshots at any time after 14 days.
20. Amazon Database Migration Service and Amazon Schema Conversion Tool
The Amazon Database Migration Service (which includes the Amazon Schema Conversion Tool) is Service Content, and you may install and/or use it solely for the purpose of migrating data, provided (i) at least one of the source data store and target data store resides in Amazon Web Services; and (ii) the source and target data stores are both listed in the Documentation as Amazon Database Migration Service sources and targets. You and all End Users may only use the Amazon Database Migration Service to migrate data, directly or indirectly, from a source that is a DMS Supported Service to a destination that is also a DMS Supported Service.
21. Amazon IoT Services
21.1. “Amazon IoT Services” means Amazon IoT Core, Amazon IoT Device Management, and Amazon IoT Device Defender.
21.2. Amazon IoT 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 bodily injury or death or cause environmental or property damage, and you are solely responsible for all liability that may arise in connection with any such use.
21.3. Device Shadow data for an individual device may be deleted if you do not update the Device Shadow data for an individual device within any given 12-month period. Device Registry data for an individual device may be deleted if you do not update the Registry data for an individual device within any given 7-year period. Once Device Shadow or Registry data has been updated for an individual device the data restriction time frame for that individual device resets, and the Device Shadow and Registry data storage time frame for an individual device starts over.
21.4. You are responsible for the creation, distribution, and security (including enabling of access) of any IoT devices connected to or enabled by your Amazon Web Services account.
22. Amazon Certificate Manager
22.1. By using Amazon Certificate Manager (“ACM”) you authorize the qualified local partner as designated by Amazon Trust Services, LLC (“ATS”) (the “Qualified CA”) to apply for and obtain publicly trusted SSL/TLS certificates (each, a “Certificate”) from ATS, for the domain name you provide to us. By 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” located here); (2) you have control over the Fully-Qualified Domain Name (as defined in the CA/B Forum Requirements); or (3) you have been granted authority by the Domain Name Registrant to authorize the Qualified CA to apply for and obtain each Certificate. You acknowledge that, solely for purposes of obtaining the Certificate and for no other purposes, you are giving the Qualified CA control over the Fully-Qualified Domain Name, and you approve of the Qualified CA requesting the Certificate for the domain name. The Qualified CA may decline to provide you with a Certificate for any reason.
22.2. You agree that:
(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);
(ii) You will review and verify the Certificate for accuracy;
(iii) You may use a Certificate we provide to you 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;
(iv) You will promptly cease using a Certificate, and promptly notify us, in the event that any information in the Certificate is incorrect or inaccurate;
(v) You will promptly cease using a Certificate, and promptly notify us, if the private key associated with the Certificate is subject to a Key Compromise (as defined in the CA/B Forum Requirements) or the Certificate is otherwise subject to misuse;
(vi) You will promptly respond to the Qualified CA’s instructions concerning Key Compromise or Certificate misuse;
(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;
(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;
(ix) You will not make representations about or use a Certificate except as may be allowed in ATS’s CPS;
(x) You will not, in connection with use of the Certificate, impersonate or misrepresent your affiliation with any entity;
(xi) You will not permit an entity other than the Qualified 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);
(xii) You will not use a Certificate to breach the confidence of a third party or to send or receive unsolicited bulk correspondence; and
(xiii) You acknowledge that the Qualified 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.
23. Amazon Redshift
The Reserved Node program allows you to designate Amazon Redshift nodes as subject to the reserved pricing and payment terms set forth on the Amazon Redshift pricing page on the Amazon Web Services China Site (each designated node, a “Reserved Node”). We may terminate the Reserved Node program at any time. We may change pricing for the Reserved Node Program at any time, but price changes will not apply to previously designated Reserved Nodes. Reserved Nodes are noncancellable, and you will owe the amount charged for the Reserved Node for the duration of the term you selected, even if the Agreement is terminated. Reserved 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 program, we will refund you a pro rata portion of any up-front fee paid in connection with any previously designated Reserved Node. Upon 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.
24. Amazon Server Migration Service
24.1. When you use Amazon Server Migration Service, data that is scanned by Amazon Server Migration Service in your on-premises computing resources will be deemed Your Content.
24.2. We may terminate the migration of any image that remains in a migration queue for 90 days or more.
25. Amazon Organizations
25.1. Amazon Organizations enables you to create an “Organization” by joining a single Amazon Web Services account (the “Management Account”, previously called the “Master Account”) with one or more Amazon Web Services accounts (each, a “Member Account”). Except as authorized by us, only Amazon Web Services accounts used by you, your affiliates, your employees, or your subcontractors currently doing work on your behalf may be joined in an Organization. By joining an Organization as a Member Account, you agree: (a) to disclose billing, account activity, and account information of the Member Account to the Management Account; and (b) that the Management Account may purchase EC2 Reserved Instances on the Member Account’s behalf.
25.2. When joined in an Organization, (a) the Management Account will be billed for and will pay all applicable charges for each Member Account in accordance with the payment provisions in the Agreement while joined in an Organization, and (b) the Management Account will be deemed as the recipient of the Services under the Member Account and the relevant rights and obligations under the Agreement governing each Member Account will be deemed assigned to the Management Account. The receipt of Services under Management Account described above will be regarded as the full fulfillment of our obligations under the Agreement governing each Member Account. The Management Account and each Member Account that joined the Organization of such Management Account will be jointly and severally liable for all charges accrued by the Member Accounts while joined in an Organization, but the Management Account will be billed for all such charges in accordance with the Management Account’s Agreement. If a Management Account is suspended for non-payment, then all Member Accounts in the Organization will be suspended.
25.3. As soon as a Member Account left its Organization, (a) the Member Account will be billed for and will pay all applicable charges for the Member Account in accordance with payment provisions in the Agreement and (b) the Management Account will no longer be deemed as the recipient of the Services under the Member Account and the relevant rights and obligations under the Agreement governing such Member Account described above will no longer be deemed assigned to the Management Account.
25.4. When a Management Account uses Amazon Organizations or the CreateLinkedAccount API to create an account (“Created Account”): (a) the Created Account will be a Member Account of the Management Account’s Organization with the Amazon Organizations features that the Management Account enables from time to time; (b) the Created Account is governed by the terms of the Management Account’s Agreement; (c) the Management Account is jointly and severally liable for any actions taken by the Created Account; and (d) an IAM role is created in the Created Account that grants the Management Account full administrative access to the Created Account.
26. Amazon Athena
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.
27. Amazon Systems Manager
Systems Manager may collect and transmit to us information regarding your use of the Services, including inventory items (e.g., application inventory and custom inventory items); parameters; configuration data (e.g., network and state configuration); telemetry and diagnostics data; update history and registry keys; resource groups; and patch metadata (“Systems Information”). Systems Information may be used by us to operate and by us or our licensors to maintain (including to improve) the Service.
28. Amazon Media Services
The distribution of files created by Amazon Media Services may require that you obtain license rights from third parties, including owners or licensors of certain third party audio and video formats. You are solely responsible for obtaining such licenses and paying any necessary royalties or fees.
29. Amazon SageMaker
29.1. You are responsible for providing legally adequate privacy notices to End Users of your products or services that use Amazon SageMaker and obtaining all necessary consents from such End Users.
29.2. By using NVIDIA Corporation’s software, toolkits and drivers, you agree to be bound by the terms and conditions of the NVIDIA Cloud End User License Agreement.
29.3. 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.
29.4 Amazon Sagemaker Clarify uses statistical analysis techniques to generate metrics that can be used to evaluate statistical bias in data and machine learning models, and to explain how models generate predictions. The output provided by Amazon SageMaker Clarify is not determinative of the existence or absence of statistical bias, or a comprehensive answer for how a model generates predictions. Such output is not legal advice and should be independently evaluated as appropriate for your use case.
30. Amazon AppSync
You agree not to and will not attempt to perform any network discovery or load testing of Your Content inside Amazon AppSync unless expressly authorized by us in writing.
31. Amazon FSx
Use of Microsoft Software on Amazon FSx for Windows File Server is subject to Section 4.1 above. Microsoft is an intended third-party beneficiary of this Section 31, with the right to enforce its provisions.
32. Amazon MQ (AMQ)
If your messages sent through Amazon MQ are blocked, delayed, or prevented from delivery by reasons outside of our control, your payment obligations continue.
33. Amazon GameLift
33.1. You may only access or use Amazon GameLift for video game server hosting; provided however, that this restriction does not apply to your use of the FlexMatch feature independent of other Amazon GameLift features.
33.2. We or our affiliates may delete, upon 30 days' notice to you, any of Your Content uploaded to Amazon GameLift if it has not been run in more than 3 months.
33.3. Your use of Amazon GameLift Local is governed by the Amazon GameLift Local License Agreement.
33.4. The Amazon GameLift Spot Instance program allows you request that certain Amazon GameLift instances run pursuant to the Amazon GameLift Spot instance pricing and payment terms set forth on the Amazon GameLift product detail page on the Site (each requested instance, a “GL Spot Instance”). We may terminate the Amazon GameLift Spot Instance program at any time. We may terminate, stop, or hibernate GL Spot Instances at any time and without any notice to you for our capacity requirements. You should configure your game to ensure it is fault tolerant and will correctly handle interruptions. GL Spot Instances may not be used with certain Services, features and third-party software we specify, including those listed in Section 4.3, above.
33.5 If you elect to use FlexMatch to decide which region that Amazon Gamelift shall place your game sessions, you consent to share the information on the availability, latency, and pricing of your instances purchased in Amazon Web Services China (Ningxia) Region with the service provider(s) of the selected Other Amazon Web Services China Region(s) for purposes of providing and maintaining the Amazon GameLift service.