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Amazon Elastic TranscoderEasy-to-use scalable media transcoding
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AWS Thinkbox KrakatoaAWS Thinkbox Krakatoa: Render production-grade volumetrics
AWS Thinkbox SequoiaAWS Thinkbox Sequoia: Point cloud data geometry
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Amazon VPCIsolated cloud resources
Amazon VPC LatticeSimplify service-to-service connectivity, security, and
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Amazon API GatewayBuild, deploy, and manage APIs
Amazon CloudFrontGlobal content delivery network
Amazon Route 53Scalable domain name system (DNS)
AWS App MeshMonitor and control microservices
AWS Cloud MapService discovery for cloud resources
AWS Cloud WANEasily build, manage, and monitor global wide area networks
AWS Direct ConnectDedicated network connection to AWS
AWS Global AcceleratorImprove application availability and performance
AWS Private 5GEasily deploy, manage, and scale a private cellular network
AWS PrivateLinkSecurely access services hosted on AWS
AWS Transit GatewayEasily scale VPC and account connections
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Amazon BraketExplore and experiment with quantum computing
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AWS SERVICE TERMS
LAST UPDATED: OCTOBER 31, 2023
1. UNIVERSAL SERVICE TERMS (APPLICABLE TO ALL SERVICES)
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 AWS Customer
Agreement or other agreement with us 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 “AWS Content” includes “Amazon
Properties.”
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
AWS Site at https://docs.aws.amazon.com/index.html (and any successor or related
locations designated by us).
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 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 AWS 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 AWS 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 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.
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. 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. The AWS
Contracting Party for an account may change as described in the Agreement.
Invoices for each account will reflect the AWS Contracting Party that is
responsible for that account during the applicable billing period.
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 Services under such account,
then the AWS Contracting Party you paid such up-front payment to may remain the
AWS Contracting Party for the applicable account only with respect to the
Services related to such up-front payment.
1.10. 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.
1.11. 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.
1.12. 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.
1.13. 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 the Services complies with the PGSSI-S.
1.14. Data Protection.
1.14.1 These Service Terms incorporate the AWS Data Processing Addendum (“DPA”),
when you use AWS Services to process Customer Data (as defined in the DPA).
1.14.2 These Service Terms incorporate the AWS Supplementary Addendum to the
DPA, when you use AWS Services to process Customer Data (as defined in the DPA).
1.14.3 These Service Terms incorporate the Standard Contractual Clauses between
controllers and processors (“Controller-to-Processor Clauses”) and the Standard
Contractual Clauses between processors (“Processor-to-Processor Clauses”)
approved by the European Commission Implementing Decision (EU) 2021/914 of 4
June 2021 (the “SCCs”). The SCCs will only apply when: (i) the GDPR applies to
your use of the AWS Services to process Customer Data; and (ii) Customer Data is
transferred either directly or via onward transfer, to a country outside of the
European Economic Area not recognised by the European Commission as providing an
adequate level of protection for personal data subject to GDPR (together a “Data
Transfer”). When you are a controller (as defined in the GDPR), the
Controller-to-Processor Clauses will apply to a Data Transfer. When you are a
processor (as defined in the GDPR), the Processor-to-Processor Clauses will
apply to a Data Transfer.
1.14.4 These Service Terms incorporate the AWS UK GDPR Addendum to the DPA, when
the UK GDPR applies to your use of the AWS Services to process UK Customer Data
(as defined in the AWS UK GDPR Addendum), and the AWS Swiss Addendum to the DPA,
when the FDPA applies to your use of the AWS Services to process Swiss Customer
Data (as defined in the AWS Swiss Addendum).
1.14.5 These Service Terms incorporate the AWS CCPA Terms (“CCPA Terms”), when
the CCPA applies to your use of the AWS Services to process Personal Information
(as defined in the CCPA Terms).
1.15. Following closure of your AWS account, we will delete Your Content in
accordance with the technical documentation applicable to the Services.
1.16. Your receipt and use of any Promotional Credits is subject to the AWS
Promotional Credit Terms & Conditions.
1.17. Payment Currency
1.17.1 AWS provides a Service that enables payment in certain currencies
(“Payment Currency”) other than United States dollars when you purchase certain
Services from AWS (the “Currency Service”). When you purchase Services in
certain countries outside of the United States, we may require you, because of
currency controls or other factors, to use the Currency Service. When using the
Currency Service you are not tendering payment in one currency and receiving
from us another currency.
1.17.2 When you use the Currency Service, Service fees and charges will
automatically be invoiced in the Payment Currency. You must pay invoices in the
currency specified on each invoice, but, for credit card or debit card
purchases, you may only make payments in currencies supported by the issuer of
your card. If the issuer of your credit card or debit card does not support the
required Payment Currency, you must use a different payment method that does
support paying in the Payment Currency.
1.17.3 Our fees and charges for your use of the Currency Service, if any, are
included in the exchange rate applied to your invoice (the “Applicable Exchange
Rate”). Third-parties, such as your bank, credit card issuer, debit card issuer,
or card network, may charge you additional fees. The Applicable Exchange Rate is
determined at the time your invoice is generated and, for invoices covering
usage of Services over a period of time, will apply to all usage and Service
charges listed on that invoice.
1.17.4 All refunds processed against an invoice will be provided in the currency
in which the invoice was generated and reflected as a credit memo or a payment
in your Payment Currency.
1.17.5 You agree that by using the Currency Service, information related to your
payment, including your name and address, may be used by our banking partners to
process your payments in jurisdictions other than the United States.
1.18. By accessing and using AWS Content or the Services, you agree to the terms
of the Intellectual Property License.
1.19. 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 AWS account.
1.20. We may use information about how you use and interact with the Services to
improve those Services.
1.21. Information included in resource identifiers, metadata tags, access
controls, rules, usage policies, permissions, and similar items related to the
management of AWS resources does not constitute Your Content. AWS recommends
that you do not include personally identifying, confidential, or sensitive
information in these items.
1.22. Tax Exempt Status
1.22.1 To request tax exempt status for your AWS account, you must provide us
with a valid tax exemption certificate or other equivalent documentation for the
relevant jurisdiction. You are responsible for updating such documentation so
it is accurate at all times.
1.22.2 In certain jurisdictions (as noted in the AWS Tax Help pages), you may
only use your tax-exempt account to purchase services that are eligible for tax
exemption. If you do not use services for the purpose for which your tax
exemption applies, you are responsible for reporting and paying sales and use
taxes for that usage directly to the relevant tax authorities to the extent
required by law.
1.22.3 If you are required by law to pay us using your organization’s funds to
qualify for your tax exemption, you warrant that purchases on your account will
be made with the tax-exempt organization’s funds.
1.22.4 We may, in our sole discretion, reject your request for tax exempt status
or revoke the tax exempt status of your account at any time.
1.23. If you use any artificial intelligence and machine learning Services,
features, and functionality (including third-party models) that we provide, you
will comply with the AWS Responsible AI Policy.
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 AWS 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 AWS Content (each, a “Beta
Service”) or (b) access and use Services and any related AWS Content 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”).
2.2. You must comply with all terms related to any Beta Service or Beta Region
as posted on the AWS Site or otherwise made available to you. AWS 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. AWS may add, modify,
or remove functionality, features, documentation, or other related aspects of
any Beta Service or Beta Region at any time and these aspects may be different
from any generally available version of the applicable Beta Service or Beta
Region. Service Level Agreements do not apply to Beta Services or Beta Regions.
2.3. You may provide AWS 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”). AWS will own and 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. AWS 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 AWS. Unless otherwise communicated to You, any Beta Service or
Beta Region made available to You is provided for evaluation purposes and should
not be used for processing sensitive data. 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 and Your Content may not be migrated over to a generally
available version of the applicable Beta Service or Beta Region.
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 AWS 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, AWS IS PROVIDING BETA SERVICES AND BETA REGIONS 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 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, 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. AWS’S AND ITS 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 BETA
SERVICES OR BETA REGIONS 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. AWS OUTPOSTS
4.1. “AWS Outposts” includes AWS Outposts racks and AWS Outposts servers.
4.2. Outposts Equipment. AWS will make equipment available to you to support
your use of the AWS Outposts Service (the “Outposts Equipment”). AWS or its
affiliates maintain all rights in the Outposts Equipment and is not selling,
renting, leasing, or transferring any ownership, intellectual or other rights in
the Outposts Equipment to you. You will not, and will not purport to, assign,
grant, or transfer the Outposts Equipment or any interest in the Outposts
Equipment to any individual or entity, and any such purported assignment, grant
or transfer is void.
4.3. Facility Assessment. You will ensure that, at all times, the facility at
which the Outposts Equipment is located (the “Designated Facility”) meets the
minimum requirements necessary to support the installation, maintenance, use,
and removal of the Outposts Equipment as described here and otherwise as
described in the Outposts technical documentation or indicated to you during the
ordering and installation process.
4.4. Delivery and Use. You will ensure that you have all necessary rights,
certifications, and licenses for the delivery, installation, maintenance, use,
and removal of the Outposts Equipment at the Designated Facility. You are
responsible for any damage to the Outposts Equipment while it is at the
Designated Facility, unless caused by AWS. AWS may terminate your use of AWS
Outposts and remove the Outposts Equipment if you breach these terms or
materially breach the terms of the Agreement with respect to AWS Outposts. In
the event that we terminate your use of AWS Outposts and remove the Outposts
Equipment in accordance with this Section 4.4, we will provide you with prior
notice where practicable under the circumstances.
4.5. Access to Outposts Equipment. You will give personnel designated by AWS
prompt and reasonable access to the Designated Facility as necessary to deliver,
install, inspect, maintain, and remove the Outposts Equipment. You will not
require AWS personnel to sign, accept, or otherwise agree to any documentation
as a condition of accessing the Designated Facility, and you agree that the
terms of any such documentation are void even if signed by AWS personnel. You
will ensure that no one accesses, moves, or repairs the Outposts Equipment other
than (i) personnel designated by AWS, (ii) as permitted in writing by AWS in
connection with the maintenance of Outposts Equipment, or (iii) as necessary due
to a situation involving imminent injury, damage to property, or an active fire
alarm system. You will ensure that no one modifies, alters, reverse engineers,
or tampers with the Outposts Equipment. You acknowledge that the Outposts
Equipment may be equipped with tamper monitoring.
4.6. AWS Support Options. You will remain enrolled in either Enterprise On-Ramp
Support or Enterprise Support during the entire period of your use of AWS
Outposts.
4.7. Services/SLAs/Security. The Service Terms for any Services that run locally
on AWS Outposts also apply to your use of those Services on AWS Outposts. There
are inherent differences between Services running locally on AWS Outposts from
those Services running at AWS operated facilities because the Outposts Equipment
is physically located at the Designated Facility where you are responsible for
physical security and access controls, as well as all power, networking, and
environmental conditions. Due to these differences:
a. The Service Level Agreements for any Services that run locally on AWS
Outposts do not apply to your use of those Services on AWS Outposts.
b. Any AWS commitments in the Agreement that depend on AWS’s operation of such
physical security and access controls, or power, networking, and environmental
conditions, do not apply to AWS Outposts or any Services running locally on AWS
Outposts.
c. The specific compliance and assurance programs for which AWS Outposts are in
scope are listed here. For other Services listed here, those Services are not in
scope when running locally on AWS Outposts unless AWS Outposts is also
separately listed for the specific compliance or assurance program.
4.8. AWS Outposts servers
4.8.1. Installation, Use, and Removal. You are responsible for the installation,
use, and removal of the AWS Outposts servers at the Designated Facility and
returning the Outposts Equipment to AWS as described in the Outposts technical
documentation or as otherwise indicated to you during the ordering process. In
addition to other rights and remedies AWS may have under the Agreement, AWS may
charge you a lost device fee if the Outposts Equipment is lost between when it
is first in your possession and when the carrier accepts the Outposts Equipment
for delivery back to AWS. You must notify and obtain AWS’s consent before moving
the Outpost Equipment from the Designated Facility.
5. AMAZON ELASTIC COMPUTE CLOUD
5.1. 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”).
5.1.1. 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 5.1.1, with
the right to enforce its provisions.
5.1.2. 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.
5.2. 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:
* Your use of NVIDIA Corporation’s GRID Software is subject to the terms and
conditions of the NVIDIA GRID Cloud End User License Agreement.
* Your use of NVIDIA Corporation’s Tesla Driver, CUDA Toolkit, cuDNN, NVENC,
NVCUVID, NVM:, nvidia-smi, and NCCL Library Software, toolkits, and drivers
is subject to the terms and conditions of the NVIDIA Cloud End User License
Agreement and NVIDIA Third Party Materials Notices.
* Your use of Red Hat, Inc.’s software is subject to 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.
* Your use of SUSE LLC’s software is subject to the terms and conditions of the
SUSE End User License Agreement and the SUSE Terms and Conditions.
* Your use of Apple Inc.’s software is subject to the terms and conditions of
the applicable Apple Software License Agreement.
5.3. 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 AWS capacity requirements.
If a Spot Block is terminated due to AWS 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.
5.4. EC2 Reserved Instances and Dedicated Hosts.
5.4.1. We may change Savings Plans, EC2 Reserved Instance and EC2 Dedicated Host
Reservation pricing at any time, but price changes will not apply to previously
designated Savings Plans, EC2 Reserved Instances or EC2 Dedicated Host
Reservations, except as described in this Section 5.4. 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 Savings Plans for, or EC2 Reserved Instances with,
Windows or RHEL. Any increase in (or institution of) the per-hour usage rate for
Savings Plans for, or 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 Savings Plans for, or 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.
5.4.2. We may terminate the Savings Plans, EC2 Reserved Instance or EC2
Dedicated Host Reservation pricing programs at any time. Savings Plans and EC2
Dedicated Hosts are nontransferable, and EC2 Reserved Instances are only
transferrable in accordance with the requirements of the RI Marketplace provided
on the AWS Site. Scheduled Instances and Convertible Reserved Instances are not
eligible for the RI Marketplace. Savings Plans, 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 Savings
Plans, 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 the Savings Plans, 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 Savings Plans, EC2
Reserved Instances or EC2 Dedicated Hosts. You 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. Upon expiration or termination of the term of Savings Plans, 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 or
Savings Plans, 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.
5.5. EC2 Capacity Blocks for ML. AWS Capacity Blocks cannot be canceled nor can
they be modified, and the full price of a Capacity Block is nonrefundable. You
are responsible for determining if you are subject to any limitations arising
from the purchase of Capacity Blocks. 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. During the final 30 minutes of a
Capacity Block, we may terminate your instances without notice and prevent new
instance launches into your reservation. Capacity Blocks are nontransferable.
Capacity Blocks that you purchase cannot be resold to another party, and we
reserve the right to refuse or cancel your purchase if we suspect you are doing
so. You may not cooperate with any third party in an attempt to influence or
manipulate the price for Capacity Blocks. You may not submit requests for
Capacity Blocks through any third party (e.g., “proxy purchasing”).
5.6. EC2 Reserved Instance (RI) Marketplace.
5.6.1. The 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 1 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 “Marketable EC2 Reserved Instance”). You 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. You can be a “Buyer”
if you are a current AWS customer in good standing. Non-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. person. You can resell an EC2 Reserved Instance that you previously
purchased through the RI Marketplace. You 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.
5.6.2. As a Seller, you will be the seller of record of your rights to a
Marketable EC2 Reserved Instance. Except as expressly set forth in these Service
Terms, we are not involved in any underlying transaction between you and any
Buyer. We or our affiliates may also participate in the RI Marketplace as a
Seller or a Buyer. We may remove any Marketable EC2 Reserved Instance from the
RI Marketplace at any time. Once sold and transferred to a Buyer, a Seller will
have no rights to that Marketable EC2 Reserved Instance.
5.6.3. On Seller’s behalf, we will process all payments for Transactions and
collect the applicable Transaction Proceeds. “Transaction” means any sale of a
Marketable EC2 Reserved Instance through the RI Marketplace. “Transaction
Proceeds” means the gross sales proceeds received by us from any Transaction.
You 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. We 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. We may withhold for investigation, or refuse to process, any
Transaction that we suspect is fraudulent, unlawful, or otherwise violates these
Service Terms, the Agreement, or the Acceptable Use Policy. For each
Transaction, we will not remit Transaction Proceeds to a Seller, and the
Marketable EC2 Reserved Instance will not be available to the Buyer, until after
we have successfully processed payments for that Transaction from the Buyer.
5.6.4. You will not receive any funds collected from payments associated with
the hourly prices of your Marketable EC2 Reserved Instance. At 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 that date. We
will deduct from each payment any applicable fees and charges due to us related
to Marketable EC2 Reserved Instances. We may withhold, deduct, or setoff any
amounts payable by you to us or our affiliates against any Transaction Proceeds.
Payments will be made only to an ACH-enabled bank account located in the United
States that you register with us. If 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. If 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.
5.6.5. Sellers 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 or paid
(“Taxes”) for any reason in connection with any Transaction and with any
Marketable EC2 Reserved Instance. We are not responsible for determining whether
any Taxes apply to any Transaction or 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. Each 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.
5.6.6. For each Seller, we will collect the necessary data and tax forms to
enable compliance with applicable tax laws. For 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; for 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. For each Buyer, we will collect
and retain the Buyer’s name and address. Buyers and Sellers will not know the
name of the other party to the Transaction until the Transaction is completed.
Upon 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. We will share the
Seller’s legal name on the Buyer’s invoice. Buyers and Sellers may not use
information about the Transaction or about the other party gained in connection
with a Transaction (“Transaction Information”) for any purpose that is not
related to the Transaction. For 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; (2) use any Transaction
Information for any marketing or promotional purposes whatsoever; (3) use any
Transaction Information in any way inconsistent with applicable law; (4) contact
a party to influence them to make an alternative sale or purchase; or (5) target
communications of any kind on the basis of the intended recipient being an RI
Marketplace Buyer or Seller.
5.7. 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.
5.8. 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 requirements.
THE 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.
6. ALEXA WEB SERVICES
You may use data you receive from the Alexa Services Web Information Service and
Alexa Top Sites (collectively “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 to
compete with www.alexa.com. You may not display data you receive via the Alexa
Web Services that has been cached for more than 24 hours. You may not resell or
redistribute the Alexa Web Services or data you access via the Alexa Web
Services.
7. AMAZON SIMPLEDB SERVICE (AMAZON SIMPLEDB)
If during the previous 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 Your Content that is stored in Simple DB upon 30 days prior notice to
you.
8. AMAZON CLOUDWATCH AND AUTOSCALING
8.1. 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 AWS to develop and improve the Services.
8.2. Amazon CloudWatch Internet Monitor
8.2.1. You may not, and may not allow any third party to, use Amazon CloudWatch
Internet Monitor, or any data or information made available through Amazon
CloudWatch Internet Monitor, to, directly or indirectly, develop, improve, or
offer a similar or competing product or service. You may not resell or
redistribute Amazon CloudWatch Internet Monitor or any metrics provided by
Amazon CloudWatch Internet Monitor unless you have been authorized as an AWS
reseller, you add material value as part of the resale or redistribution, you
restrict recipients from further reselling or redistributing to any additional
entities, and for each monitor, you do not resell or redistribute metrics
provided by the monitor to more than one entity.
9. AWS SNOWBALL, AWS SNOWCONE AND AWS SNOWMOBILE
9.1. “AWS Snow Family” includes: AWS Snowball, AWS Snowcone and AWS Snowmobile.
9.2. As part of AWS Snowball and AWS Snowcone, we will ship you an agreed upon
number of “Snowball” or "Snowcone" hardware appliances (each an “Appliance”) and
provide you with access to the applicable AWS Snowball Client or AWS Snowcone
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 may use these metrics to maintain, provide, develop, and
improve the Services.
9.3. As part of AWS Snowmobile, we will transport a containerized data center
and networking equipment (collectively, “Snowmobile”), and other materials,
equipment, and software necessary for operation of the Snowmobile (collectively
with the Snowmobile, the “Snowmobile Materials”). You will ensure that, at all
times, the designated transfer location for delivery of the Snowmobile Materials
(the “Transfer Site") meets the minimum requirements necessary to support the
delivery, setup, maintenance, use, and removal of the Snowmobile Materials as
described on the AWS Site and otherwise as described in the Snowmobile technical
documentation or provided to you during the ordering and delivery process. You
will ensure that you have all necessary rights, certifications, and licenses for
the delivery, setup, maintenance, use, and removal of the Snowmobile Materials
at the Transfer Site. You are responsible for any damage to the Snowmobile
Materials while at the Transfer Site, unless caused by AWS. You may not allow
Snowmobile Materials to leave the Transfer Site other than under the supervision
of personnel designated by AWS. You will give personnel designated by AWS prompt
and reasonable access to the Transfer Site as necessary to deliver, setup,
inspect, maintain, and remove the Snowmobile Materials. You will not require AWS
personnel to sign, accept, or otherwise agree to any documentation as a
condition of accessing the Transfer Site, and you agree that the terms of any
such documentation are void even if signed by AWS personnel. You will ensure
that no one accesses, moves, or repairs the Snowmobile Materials other than (i)
personnel designated by AWS, (ii) as permitted in writing by AWS in connection
with the maintenance of Snowmobile Materials, or (iii) as necessary due to a
situation involving imminent injury, damage to property, or an active fire alarm
system. AWS may terminate your use of Snowmobile Materials and remove the
Snowmobile Materials if you breach these terms or the terms of the Agreement
with respect to Snowmobile Materials.
9.4. Once AWS Snow Family services are complete, we will delete data from the
Appliances or Snowmobiles, as applicable.
9.5. You are responsible for payment of all customs, duties, taxes, and other
charges in connection with Appliances being shipped to or from us.
9.6. 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 AWS Snowball or AWS
Snowcone 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) you do not provide the Appliance to
the carrier for return to us at our request.
9.7. YOU ARE SOLELY RESPONSIBLE FOR APPLYING APPROPRIATE SECURITY MEASURES TO
YOUR DATA AND YOUR USE OF APPLIANCES AND SNOWMOBILE MATERIALS, INCLUDING
ENCRYPTING SENSITIVE DATA AND NOT ALLOWING UNAUTHORIZED ACCESS TO ANY APPLIANCE
OR SNOWMOBILE MATERIALS.
9.8. AWS or its affiliates maintain all rights in the Appliances, Appliance
Software, and Snowmobile Materials and is not selling, renting, leasing, or
transferring any ownership, intellectual or other rights in the Appliances,
Appliance Software, or Snowmobile Materials to you. You will not, and will not
purport to, assign, grant, or transfer the Appliances, Appliance Software, or
Snowmobile Materials or any interest in the Appliances, Appliance Software, or
Snowmobile Materials 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 Snowmobile
Materials; or (b) circumvent or disable any features or measures in the
Appliance, Appliance Software, or Snowmobile Materials. You acknowledge that the
Appliances and Snowmobile Materials may be equipped with tamper monitoring.
9.9. 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, including where
applicable the Basel Convention Technical Guidelines on Transboundary Movement
of Used Electrical and Electronic Equipment.
9.10. 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 AWS will not
participate in the export or import procedure. If you are using Appliances,
Appliance 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; or, 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. If you are using Appliances,
Appliance 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 Snow Family that you are so permitted.
10. AMAZON RELATIONAL DATABASE SERVICE (AMAZON RDS)
10.1. You may store snapshots of Your Amazon RDS Content for later use in Amazon
RDS, but snapshots cannot be downloaded outside the Services.
10.2. 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 AWS 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.
10.3. Using Oracle Software.
10.3.1. “License Included”. 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. 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 10.3.1 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.
10.3.2. “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.
10.4. Using Microsoft Software. “License Included.” Use of Microsoft Software on
Amazon RDS is subject to Section 5.1 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 10.4, with
the right to enforce its provisions.
10.5. Amazon RDS Custom.
10.5.1. RDS Custom enables you to provision and manage the database engine and
operating system running on an Amazon EC2 instance. In conjunction with RDS
Custom, you may use certain binaries, software, or similar media (including
related support, maintenance, and documentation) developed, owned, or provided
by third parties or their licensors. You agree that you have determined that
your use of RDS Custom complies, and will continue to comply, with applicable
licensing and support requirements. Usage of RDS Custom in violation of your
agreement(s) with third parties is not authorized or permitted.
Your failure to maintain your database instance within the support perimeter (as
specified in the documentation) may result in Service failure for which AWS is
not responsible. Your customization, copies, and use of any additional software
with RDS Custom is your responsibility and may result in your RDS Custom
instance falling outside the support perimeter and causing Service failure for
which AWS is not responsible.
10.5.2. Your use of certain database engines or operating systems (OS) software
(including related documentation) made available to you for use with RDS Custom
is subject to the applicable third party licensing requirements specified below:
* Use of a Linux OS version, such as those from Red Hat, Inc., SUSE LLC, and
NVIDIA Corporation, on RDS Custom is subject to Section 5.2. above.
* Use of “License Included” Microsoft Software on RDS Custom is subject to
Sections 5.1. and 10.4. above.
10.6. Trusted Language Extensions for PostgresSQL (Trusted Language Extensions)
enables you to use, build, and run extensions developed, owned, or provided by
you, third parties, or their licensors using PostgreSQL trusted languages in
Amazon RDS. Extension code that you use with Trusted Language Extensions is Your
Content under the Agreement. AWS is not responsible for Service failure caused
by extensions. You consent to AWS scanning extension code for security and
performance purposes.
11. AMAZON SIMPLE NOTIFICATION SERVICE (AMAZON SNS)
11.1. Portions of Amazon SNS in Japan are sold and provided by AMCS LLC, an
affiliate of AWS, and not AWS, but are otherwise subject to the terms of the
Agreement.
11.2 Portions of Amazon SNS in Singapore are sold and provided by AMCS SG
PRIVATE LIMITED (“AMCS SG”), an affiliate of AWS, and not AWS, but are otherwise
subject to the terms of the Agreement.
11.3. 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.
11.4. You are responsible for complying with legal requirements related to
unsolicited or unwanted communications, including without limitation, the
Telephone Consumer Protection Act (TCPA), the FTC’s Telemarketing Sales Rule,
and the EU e-Privacy Directive, or any other similar telemarketing law.
11.5. We may change, discontinue, or deprecate support for a third party push
notification platform at any time. We will provide you with prior notice of any
deprecation or discontinuation of support for a third party push notification
platform where practicable under the circumstances.
11.6. 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 911 or E911 services.
* If the applicable AWS Contracting Party is AWS India, “Emergency Services”
shall mean services that allow a user to connect with emergency services
personnel or public safety answering points, such as 100, 112 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 social
security numbers)
* 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).
11.7. From time to time, telecommunication providers may change or modify their
rules, requirements, and policies (collectively “Carrier Policies”). We will
make reasonable efforts to notify you of changes to Carrier Policies through,
for example, email, Personal Health Dashboard notifications, or technical
documentation. You are responsible for complying with all Carrier Policies that
apply to your use of the Service.
11.8. If the applicable AWS Contracting Party is AWS India, you must obtain our
prior written consent before using Amazon SNS to send SMS messages for:
* 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);
* sweepstakes or contests; or
* advertisements or promotions for commercial products, goods, or services.
12. AWS IDENTITY AND ACCESS MANAGEMENT (IAM)
12.1. 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
AWS account and resources, and we will promptly notify you of any such change.
12.2. We may change, discontinue, or deprecate support for any third-party
identity provider at any time without prior notice.
13. AMAZON ROUTE 53
13.1. You may not create a hosted zone for a domain that you do not own or have
authority over.
13.2. All Domain Name System (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.
13.3. Domain name registration services are provided under the Amazon Route 53
Domain Name Registration Agreement.
14. AWS ELASTIC BEANSTALK
14.1. AWS may reject or modify any URL used in connection with an AWS Elastic
Beanstalk environment that violates the intellectual property rights any
third-party or violates the Acceptable Use Policy.
14.2. If you stop running your AWS 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 AWS customer.
15. AMAZON SIMPLE EMAIL SERVICE (SES)
15.1. Portions of Amazon SES in Singapore are sold and provided by AMCS SG
PRIVATE LIMITED (“AMCS SG”), an affiliate of AWS, and not AWS, but are otherwise
subject to the terms of the Agreement.
15.2. Portions of Amazon SES in Japan are sold and provided by AMCS LLC
(“AMCS”), an affiliate of AWS, and not AWS, but are otherwise subject to the
terms of the Agreement.
15.3. Like many email service providers, to increase the security and
reliability of email you send, attempt to send, or receive using SES (“SES
Email”), we (or our third-party providers) may store and scan your SES Email and
Your Content included in SES Email to protect you and SES by preventing and
blocking “spam” and unsolicited e-mails, “phishing” or simulated “phishing”
emails, viruses and spyware, and other harmful or unwanted items from being sent
and received over SES.
15.4. We may suspend or terminate your access to SES, or block or decline to
send or receive any SES Email, if we determine that your use of SES fails to
comply with the AWS Acceptable Use Policy and these Terms, for example if:
* our scan of SES Email or Your Content included in SES Email reveals abusive
or low quality email (such as “spam” or other harmful or unwanted items),
* SES Email bounces back to us or we receive abuse complaints (including
complaints from third parties) in connection with your SES Email, or
* the source or ReturnPath email address you have provided us for “address
bounces” or complaints is not successfully receiving email.
15.5. If your SES Emails are blocked, delayed, or prevented from delivery by
reasons outside of our control, your payment obligations continue.
15.6. AWS is not the “sender” as defined in the CAN-SPAM Act or similar
applicable law.
16. AWS DIRECT CONNECT
16.1. You are responsible for protecting your AWS Direct Connect connections,
including using physical security, firewalls, and other network security tools
as appropriate.
16.2. AWS will permit data center operators or other service providers to
connect your hardware to AWS’s hardware at the AWS Direct Connect location(s)
that you select. AWS 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.
16.3. 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 AWS
will not own or be responsible for) any equipment or cabling necessary to
establish this dedicated connection.
16.4. If 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. However, if you are using Amazon Virtual Private Cloud (VPC), traffic
bound for your Amazon VPC resources will be routed through an IPsec VPN
connection. If an IPsec VPN connection is unavailable, traffic bound for your
Amazon VPC resources will not be delivered.
17. AMAZON ELASTICACHE
17.1. You may not access or tamper with any software we install on the cache
nodes as part of Amazon ElastiCache.
17.2. 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 AWS 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.
18. AWS GOVCLOUD (US) SERVICE TERMS
18.1. Use of the Services in the AWS GovCloud (US) Regions is subject to the AWS
GovCloud (US) Terms and Conditions available via AWS Artifact in the AWS
GovCloud (US) management console.
18.2. You are responsible for satisfying any applicable eligibility requirements
for using the AWS GovCloud (US) Regions, including providing accurate and
current registration information. We may make, directly or through third
parties, any inquiries we consider necessary to validate information that you
provide to us, including checking commercial and governmental databases. While
we may take steps to verify the identity of our Customers, we cannot and do not
guarantee any Customer's identity.
18.3. AWS makes no representation or warranty related to the US Persons status
of any Customer or End User that may be granted access to the AWS GovCloud (US)
Regions.
18.4. You are responsible for verifying the adequacy of the AWS GovCloud (US)
Regions 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.
19. 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 AWS 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.
20. AWS MARKETPLACE
20.1. Except to the extent Content made available through AWS 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.
20.2. AWS may stop providing AWS Marketplace (or any features of or listings
within AWS Marketplace), without prior notice to you. In addition, AWS may
disable or remove Content you have purchased on AWS Marketplace, if AWS
reasonably determines that the Content may violate any Policies or any other
regulations, policies, or laws.
20.3. To the extent authorized by the respective third party provider on AWS
Marketplace, AWS may disable access to or remove any Third Party Content you
purchased or subscribed to on AWS Marketplace in the event of overdue and
uncollected payments, upon AWS providing you with at least 30 days’ advance
written notice.
20.4. Professional services offered on AWS Marketplace by third parties are
subject to separate terms and conditions specified by the respective third
party. AWS has no control over and makes no guarantees about such services.
20.5. If you are a buyer on AWS Marketplace, you are responsible for collecting
tax documentation, withholding as required, and filing all tax forms with your
applicable tax authorities for your AWS Marketplace transactions. If you are a
buyer making a payment of U.S. source services or royalty income to a non-U.S.
third party provider, all such collection, withholding, and filing obligations
are yours as we do not act as a Withholding Agent as defined by U.S. Treas. Reg.
1.1441-7(a).
20.6. For purposes of facilitating your purchases from third parties on AWS
Marketplace, the applicable AWS Contracting Party under the Agreement is set out
in the table below. Notwithstanding the foregoing, Amazon Web Services, Inc.
continues to be the invoicing party for third party products that are resold by
Amazon Web Services, Inc. on AWS Marketplace.
Account Country
AWS Contracting Party
Facsimile
Mailing Address
Australia
(w.e.f. 1 October 2022)
Amazon Web Services Australia Pty Ltd (ABN: 63 605 345 891)
N/A
Level 37, 2-26 Park Street, Sydney, NSW, 2000, Australia
Japan
(w.e.f. 1 October 2022)
Amazon Web Services Japan G.K.
N/A
1-1, Kamiosaki 3-chome, Shinagawa-ku, Tokyo, 141-0021, Japan
The countries within Europe, the Middle East, and Africa (except South Africa
and Turkey) listed at1: https://aws.amazon.com/legal/aws-emea-countries/
(w.e.f. 1 January 2022)
Amazon Web Services EMEA SARL
352 2789 0057
38 Avenue John F. Kennedy, L-1855, Luxembourg
Any other country that is not listed in this table above, excluding China
Amazon Web Services, Inc.
206-266-7010
410 Terry Avenue North,
Seattle, WA 98109-5210
U.S.A.
1 Excludes professional services, for which the applicable AWS Contracting Party
is Amazon Web Services, Inc. Additionally, this applies only if your purchase on
AWS Marketplace is from a third party that has been onboarded to Amazon Web
Services EMEA SARL. Otherwise, Amazon Web Services, Inc. is the applicable AWS
Contracting Party.
20.7. If you are an AWS customer located in India, parties agree that this
Section 20.7 will be applicable:
20.7.1. If you have provided your Goods and Services Tax (GST) registration
number to us so that it can be applied to your purchases, then the information
you provide with your registration (including your GST registration number and
the name and address associated with your GST 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 GST invoicing
regulations and requirements.
20.7.2. The purchase fees and charges payable by you will be exclusive of all
applicable Taxes, and will be made free and clear of any deduction or
withholding, as may be required by law. For clarity, if any such deduction or
withholding (including but not limited to cross-border withholding taxes) is
required on any payment, you will pay such additional amount, as necessary, to
ensure that the net amount received by AWS or its affiliates is equal to the
amount then due and payable by you for your purchases on the AWS Marketplace.
AWS or its affiliates will provide you with such tax forms, as are reasonably
requested, in order to reduce or eliminate the amount of any withholding or
deduction for taxes, in respect of the payments made by you for purchases on the
AWS Marketplace. AWS or its affiliates may charge, and you will pay, all
applicable Taxes that it or we are legally obligated or authorized to collect
from you. AWS or its affiliates will not collect, and you will not pay, any
Taxes for which you furnish us a properly completed exemption certificate, or a
direct payment permit certificate, for which AWS or its affiliates may claim an
available exemption from such Taxes.
21. AWS GROUND STATION
21.1. Any guidance provided through Licensing Accelerator or by AWS Ground
Station is provided for your convenience, does not constitute legal or
compliance advice, and is not subject to any legal professional privilege. You
are responsible for making your own assessment of whether your use of AWS Ground
Station meets applicable legal and regulatory requirements, including by
engaging with a legal professional if necessary.
21.2. You will not, and will not allow any third-party to, use Licensing
Accelerator or AWS Ground Station to, directly or indirectly, develop or improve
a similar or competing product or service.
21.3. You are solely responsible for applying appropriate security measures to
your space assets and the data transmitted to and from your space assets,
including using encryption, firewalls, and other network security tools as
appropriate, and not allowing unauthorized access to your data.
21.4. You represent and warrant that you own all right, title, and interest in,
or have all necessary authority to permit use of, any space assets associated
with your AWS account, and you agree to provide to AWS, upon request,
documentation demonstrating such ownership or authority. AWS is not a party to
any agreement you have or may enter into with any other individual or entity
accessing or using the Services, any of Your Content, or any space assets
associated with your account. You are solely responsible for your separate
relationship with any such individual or entity.
21.5. If your AWS Contracting Party is AWS Serviços Brasil Ltda., AWS Ground
Station continues to be sold and provided to you by Amazon Web Services, Inc.
(or other entity identified as applicable); but AWS Serviços Brasil Ltda.
remains your AWS Contracting Party under the Agreement.
22. AMAZON ELASTIC TRANSCODER
The 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. You are solely responsible for
obtaining these licenses and paying any necessary royalties or fees.
23. AWS OPSWORKS
23.1. Your use of the AWS OpsWorks agent is governed by the AWS OpsWorks Client
License Agreement. Your use of AWS OpsWorks for Chef Automate is subject to Chef
Software Inc.’s end user license agreement. Your use of AWS OpsWorks for Puppet
Enterprise is subject to Puppet, Inc.’s Puppet Enterprise License Agreement.
23.2. Your use of AWS OpsWorks for Chef Automate and AWS-ApplyChefRecipes, which
leverage the Chef Infra Client software, are subject to Progress Software
Corporation’s Online Master License and Services Agreement for Chef (the
“Progress EULA”) except that sections 1.9.2. (Product Compliance with
Documentation) and 1.10.1. (Our Indemnification Obligation) of the Progress EULA
do not apply and the Product, Documentation, and Technology (all as defined in
the Progress EULA) are provided “as is,” with all faults, and Progress Software
Corporation disclaims all warranties, express or implied, including, but not
limited to, warranties of merchantability, fitness for a particular purpose,
title, noninfringement, availability, error-free or uninterrupted operation, and
any warranties arising from course of dealing, course of performance, or usage
of trade. To the extent that Progress Software Corporation may not as a matter
of applicable law disclaim any implied warranty, the scope and duration of such
warranty will be the minimum permitted under applicable law.
24. AWS SUPPLY CHAIN
24.1. You agree and instruct that we may use Your Content that is processed by
AWS Supply Chain to generate forecasts, insights, or recommendations to you.
24.2. You and your End Users are responsible for all decisions made, advice
given, actions taken, and failures to take action based on your use of AWS
Supply Chain. AWS Supply Chain uses machine learning models that generate
predictions based on patterns in data. Output generated by a machine learning
model is probabilistic and should be evaluated for accuracy as appropriate for
your use case, including by employing human review of such output.
24.3. You agree and instruct that for AWS Supply Chain: (a) we may use and store
Your Content that is processed by the AWS Supply Chain service to develop and
improve the service and its underlying technologies; (b) we may use and store
Your Content that is not personal data to develop and improve AWS and affiliate
machine-learning and artificial-intelligence technologies; and (c) solely in
connection with the development and improvement described in clauses (a) and
(b), we may store Your Content in an AWS region outside of the AWS region where
you are using AWS Supply Chain. You may instruct AWS not to use and store Your
Content processed by AWS Supply Chain to develop and improve the AWS Supply
Chain service or technologies of AWS or its affiliates by following the
instructions set forth in the “Opt out policy” section of AWS Supply Chain
administrative guide.
24.4. You are responsible for providing legally adequate privacy notices to End
Users of AWS Supply Chain and obtaining any necessary consent from such End
Users for the processing of Content and the storage, use, and transfer of
Content as described under this Section 24.
25. AMAZON APPSTREAM 2.0
25.1. NVIDIA Software. If your application uses the NVIDIA graphics processing
unit (GPU) on an Amazon AppStream 2.0 instance, your use is subject to the terms
and conditions of the NVIDIA Cloud End User License Agreement.
25.2. If you use the Amazon AppStream 2.0 User Pool feature to enable End Users
to access applications, you agree that we may store and process these End Users’
email addresses in AWS Regions outside the AWS Regions where you are using
Amazon AppStream 2.0. We will only use these email addresses to send the End
Users email notifications to enable them to access Amazon AppStream 2.0.
26. AMAZON WORKSPACES
26.1. 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.
26.2. Use of Microsoft Software on Amazon WorkSpaces is subject to Section 5.1
above. Microsoft is an intended third-party beneficiary of this Section 26.2,
with the right to enforce its provisions.
26.3. 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.
26.4. 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.
26.5. 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.
26.6. Software installed by us on your WorkSpaces may connect to a license
activation server hosted by AWS. You may not attempt to prevent any license
activation function.
26.7. 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.
26.8. 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, your use of Microsoft Software
under the WorkSpaces BYOL Program is subject to the applicable Microsoft
licensing requirements, including Microsoft's End User License Agreement
(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.
27. AMAZON COGNITO
27.1. We may change, discontinue, or deprecate support for any third-party
identity provider at any time without prior notice.
27.2. In the event a particular Cognito User Pool has no active users within a
12 month period, we may delete the Cognito User Pool upon 30 days’ prior notice
to you.
28. AMAZON WORKDOCS
28.1. Portions of Amazon WorkDocs in Japan are sold and provided by AMCS LLC, an
affiliate of AWS, and not AWS, but is otherwise subject to the terms of the
Agreement.
28.2. We may delete any of your End Users’ Content uploaded to Amazon WorkDocs
if the End User is marked “Inactive” in the Amazon WorkDocs’ Administrator
Dashboard and you have not been billed for more than 30 days for this End User’s
usage. We may also delete your Amazon WorkDocs site and Your Content when you
have no End Users marked “Active” within the Amazon WorkDocs Administrator
Dashboard for more than 30 days.
28.3. If no End User accounts associated with your AWS account have registered
any usage of the Services for several months, then we may delete the inactive
End Users’ accounts after providing 30 days’ notice.
28.4. Your use of the Amazon WorkDocs Sync Software is governed by the Amazon
WorkDocs Sync License Agreement.
28.5. Your use of the Amazon WorkDocs Application is governed by the Amazon
WorkDocs Application License Agreement.
28.6. Open with Office 365 is Third-Party Content provided by Microsoft. By
using Open with Office 365, you are subject to Microsoft’s terms of use and
privacy policy. You 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.
28.7. The Hancom document editing service is Third-Party Content. Your use of
the Hancom document editing service through Amazon WorkDocs is subject to the
Hancom Terms of Service. If 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. If 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. Hancom 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.
28.8. AWS is the registrant of, and controls the DNS records for, all
[name].workdocs.aws domain names (“Domain Names”). Customer does not acquire any
rights in any such domain. Termination or suspension of Customer’s AWS account
may result in the termination or suspension of Customer’s ability to use its
previously assigned Domain Names. In order to use a Domain Name, Customer must
comply with all guidelines included in the Amazon WorkDocs Site Naming Policy.
29. AMAZON PINPOINT
29.1. Portions of Amazon Pinpoint in Japan are sold and provided by AMCS LLC
(“AMCS”), an affiliate of AWS, and not AWS, but are otherwise subject to the
terms of the Agreement.
29.2. Portions of Amazon Pinpoint in Singapore are sold and provided by AMCS SG
PRIVATE LIMITED (“AMCS SG”), an affiliate of AWS, and not AWS, but are otherwise
subject to the terms of the Agreement.
29.3. 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.
29.4. You acknowledge that Amazon Pinpoint:
a. Is not an Integrated Public Alert and Warning System (IPAWS) eligible system.
b. Is not intended for use in, or in association with, the operation of any
hazardous environments or critical systems. You are solely responsible for
liability that may arise in association with such use.
c. Does not support or carry emergency calling or messaging to any emergency
services personnel or public safety answering points (“Emergency Services”),
such as calls or texts to 911, and may not determine the physical location of
your devices or your End Users, which may be required when contacting Emergency
Services. You understand and agree that it is your responsibility to: (i)
contact and access Emergency Services independently of Amazon Pinpoint and (ii)
inform all End Users of these limitations.
d. Is not a replacement for traditional telephone or mobile phone services,
including but not limited to calling, texting, or contacting Emergency Services,
and does not function as such.
30. AWS LAMBDA
We may delete, upon 30 days’ notice to you, any of Your Content uploaded to AWS
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 technical 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.
31. AMAZON WORKMAIL
31.1. 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.
31.2. Amazon WorkMail provides a filtering service designed to filter unwanted
emails, such as spam, phishing emails, and email infected with viruses. You
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.
31.3. 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. Your payment obligations continue regardless of whether
delivery of your emails is prevented, delayed, or blocked.
31.4. You agree not to use Amazon WorkMail for sending:
* Bulk emails, such as mass marketing emails
* Unsolicited and unwanted emails
* Phishing emails
31.5. You are solely responsible for ensuring any emails you or your End Users
send using Amazon WorkMail comply with the CAN-SPAM Act and all other applicable
law. You agree that AWS is not the “sender” of any emails you or your End Users
send using Amazon WorkMail as defined in the CAN-SPAM Act and all other
applicable laws.
31.6. 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.
31.7. If your use of Amazon WorkMail is terminated, we may delete your data and
your End Users’ mailboxes.
31.8. Portions of Amazon WorkMail in Japan are sold and provided by AMCS LLC, an
affiliate of AWS, and not AWS, but are otherwise subject to the terms of the
Agreement.
32. AMAZON WORKSPACES APPLICATION MANAGER (AMAZON WAM)
32.1. When you use Amazon WAM, you also use Amazon WorkSpaces, and your use is
subject to the terms that govern Amazon WorkSpaces.
32.2. 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.
32.3. As part of regular operation of Amazon WAM, we may update your Amazon WAM
desktop applications with software upgrades, patches, and bug fixes.
33. AWS MARKETPLACE FOR DESKTOP APPS
33.1. Except to the extent Content made available through AWS Marketplace for
Desktop Apps 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.
33.2. AWS may stop providing AWS Marketplace for Desktop Apps (or any features
of or listings within AWS Marketplace for Desktop Apps), without prior notice to
you. In addition, AWS may disable or remove Content you have purchased on AWS
Marketplace for Desktop Apps, if AWS reasonably determines that the Content may
violate any Policies or any other regulations, policies, or laws.
33.3. If the applicable AWS Contracting Party is AWS India, parties agree that
this Section 33.3 will be applicable:
You have provided your GST registration number to us so that it can be applied
to your purchases, then the information you provide with your registration
(including your GST registration number and the name and address associated with
your GST registration) will be shared with third parties from whom you have
purchased software on the AWS Marketplace for Desktop Apps to the extent
necessary for those third parties to comply with GST invoicing regulations and
requirements.33.3.2. You will be responsible for identifying and paying all
applicable taxes, governmental fees, and charges (including any penalties,
interest, and other additions) that may be imposed on you with respect to the
purchases you make on the AWS Marketplace for Desktop Apps. The purchase fees
and charges payable by you will be exclusive of all applicable Taxes, and will
be made free and clear of any deduction or withholding, as may be required by
law. For clarity, if any such deduction or withholding (including but not
limited to cross-border withholding taxes) is required on any payment, you will
pay such additional amount, as necessary, to ensure that the net amount received
by AWS or its affiliates is equal to the amount then due and payable by you for
your purchases on the AWS Marketplace. AWS or its affiliates will provide you
with such tax forms, as are reasonably requested, in order to reduce or
eliminate the amount of any withholding or deduction for taxes, in respect of
the payments made by you for purchases on the AWS Marketplace. AWS or its
affiliates may charge, and you will pay, all applicable Taxes that it or we are
legally obligated or authorized to collect from you. AWS or its affiliates will
not collect, and you will not pay, any Taxes for which you furnish us a properly
completed exemption certificate, or a direct payment permit certificate, for
which AWS or its affiliates may claim an available exemption from such Taxes.
34. AWS DIRECTORY SERVICE
Use of Microsoft Software on AWS Directory Service is subject to Section 5.1
above. Microsoft is an intended third-party beneficiary of this Section 34, with
the right to enforce its provisions.
35. AWS DEVICE FARM
35.1. 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 your iOS Developer Program License Agreement with Apple at the time any
such Apple Test is run. You appoint us as your Authorized Developer (as defined
in the Apple 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.
35.2. You agree not to and not to attempt to:
(i) perform any network discovery inside the AWS Device Farm or otherwise in
connection with the test;
(ii) generate any internet traffic from within the EC2 instances of AWS Device
Farm, unless approved by us; internet traffic should be limited to devices only;
(iii) root, unlock, or jailbreak any Device Farm device;
(iv) install persistent software on devices or EC2 instances; or
(v) factory reset or change settings on devices, or call or access third-party
servers in a manner that would interfere with any Services.
35.3. You acknowledge and agree that we may disclose application packages, test
packages (pre- compiled), test script source code, application extension files,
or auxiliary data files to third parties solely for purposes of conducting
automated security verification.
36. AMAZON OPENSEARCH 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.
37. AWS DATABASE MIGRATION SERVICE
37.1. The AWS Database Migration Service (DMS), including DMS Fleet Advisor and
the AWS Schema Conversion Tool, is AWS Content under the Intellectual Property
License, and you and all End Users may install and/or use it solely for the
purpose of migrating or moving data, provided that: (i) at least one of the
source data store and target data store resides in AWS; and (ii) the source and
target data stores are both listed in the DMS documentation of supported sources
and targets.
37.2. The AWS Database Migration Service (DMS), including DMS Fleet Advisor and
the AWS Schema Conversion Tool, collects performance metrics and usage patterns,
including: the types of database engines and related configurations used; number
of rows processed; and information related to schema, queries, compatibility,
performance, and task duration and status; which when combined with database
license and feature information are used to provide, maintain, and improve the
quality of the Services and recommendations on potential database engine and
instance migrations. DMS Fleet Advisor collects information about resources on
your network that you designate for discovery.
38. AWS AMPLIFY
You must have all necessary rights to use any domain name that you use in
conjunction with AWS Amplify.
39. AWS IOT SERVICES
39.1. “AWS IoT Services” means AWS IoT Core, AWS IoT Device Management, AWS IoT
Device Defender, AWS IoT 1-Click, AWS IoT Events, AWS IoT Analytics, AWS IoT
SiteWise, AWS IoT FleetWise , AWS IoT TwinMaker, FreeRTOS, AWS IoT ExpressLink,
AWS IoT Greengrass, and AWS IoT RoboRunner.
39.2. AWS 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.
39.3. 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.
39.4. You are responsible for the creation, distribution, and security
(including enabling of access) of any IoT devices connected to or enabled by
your AWS account.
39.5. AWS IoT FleetWise is designed to help customers collect data from fleets
of vehicles and transfer it to the Services for analysis and processing. Vehicle
data collected through your use of AWS IoT FleetWise is intended for
informational purposes only (including to help you train cloud-based artificial
intelligence and machine learning models), and you may not use AWS IoT FleetWise
to control or operate vehicle functions. You are solely responsible for all
liability that may arise in connection with any use outside of AWS IoT
FleetWise’s intended purpose and in any manner contrary to applicable vehicle
regulations.
39.6. Vehicle data collected through your use of AWS IoT FleetWise should be
evaluated for accuracy as appropriate for your use case, including for purposes
of meeting any compliance obligations you may have under applicable vehicle
safety regulations (such as safety monitoring and reporting obligations). Such
evaluation should include collecting and reviewing information through other
industry standard means and sources (such as reports from drivers of vehicles).
You and your End Users are solely responsible for all decisions made, advice
given, actions taken, and failures to take action based on your use of AWS IoT
FleetWise.
39.7. The Edge Agent Reference Implementation is intended to help you develop
your Edge Agent for AWS IoT FleetWise and includes sample code that you may
reference or modify so your Edge Agent meets your requirements. You are solely
responsible for your Edge Agent, including ensuring that your Edge Agent and any
updates and modifications thereto are deployed and maintained safely and
securely in any vehicles.
39.8. AWS IoT TwinMaker is designed to help customers build digital twins of
physical systems such as machines, factory equipment, and buildings. Data
collected through your use of AWS IoT TwinMaker should be evaluated for accuracy
as appropriate for your use case. AWS IoT TwinMaker should not be used as a
substitute for human monitoring of physical systems for purposes of assessing
whether such systems are operating safely. You and your End Users are solely
responsible for all decisions made, advice given, actions taken, and failures to
take action based on your use of AWS IoT TwinMaker.
39.9. AWS IoT ExpressLink is AWS cloud connectivity software and specifications
that select AWS Partner Network (APN) Partners may incorporate into hardware
modules they develop, manufacture, and offer to AWS customers. If you purchase a
hardware module (including any evaluation kit) from an APN Partner that includes
AWS IoT ExpressLink, you agree that AWS is not a party to any agreement between
you and the APN Partner governing your purchase and use of the module, AWS is
not responsible or liable to you for the module, and AWS does not make any
representations or warranties with respect to the module.
39.10. The FreeRTOS Extended Maintenance Plan (“FreeRTOS EMP”) provides
subscribing customers with security patches and critical bug fixes on a chosen
FreeRTOS Long Term Support (LTS) version beyond the expiry of that version’s
initial LTS period. FreeRTOS EMP is a “Service” for purposes of the Agreement.
Any code, fixes or patches (collectively, “EMP Patches”) that you receive,
obtain or access in connection with FreeRTOS EMP that have not been incorporated
into the publicly available FreeRTOS libraries are AWS Content provided to you
under the Intellectual Property License, except that AWS also grants you a
limited, non-exclusive, non-sublicensable, non-transferrable, perpetual license
to (a) modify and create derivative works of the EMP Patches and (b) to
distribute the EMP Patches in object code form only.
39.11. AWS IoT RoboRunner provides a central data repository for storing and
using data from different robot management systems that customers can use to
build applications that help their robots work together. You are solely
responsible for the operation of any robotic systems you use with AWS IoT
RoboRunner, including ensuring that they are properly configured and operate
safely.
39.12. If you use Semtech as your geolocation provider in the AWS IoT Core
Device Location feature, you authorize AWS to transmit your geolocation request
parameters (e.g., location data used to run the location solvers) and/or
resulting output data generated by the feature (e.g., geographic coordinates) to
Semtech for troubleshooting and diagnostic purposes, and other technical
support. Semtech may be outside of the AWS region in which you were using the
feature. If you use HERE as your geolocation provider in the AWS IoT Device Core
Location feature, the terms in Sections 82.1-82.4, 82.6-82.7, and 82.9 apply.
AWS may deprecate or discontinue any geolocation provider within the feature at
any time upon notice to you.
39.13. "AWS IoT Core for LoRaWAN Public Network Support” is a feature of AWS IoT
Core that helps customers connect their LoRaWAN devices to AWS using a publicly
available LoRaWAN network (“Public LoRaWAN Network”), which is provided as a
service by a third-party network provider (“LoRaWAN Network Provider”). The
LoRaWAN Network Provider is solely responsible for the operation and security of
its Public LoRaWAN Network (including its gateways and any other equipment),
which is separate from and located outside of AWS data center facilities,
servers, networking equipment, storage media, and host software systems. Your
use of Everynet BV’s Public LoRaWAN Network is subject to their terms and
conditions. AWS has no control over, and makes no guarantees about, any Public
LoRaWAN Network.
If you use this feature, you authorize AWS to transmit to the LoRaWAN Network
Provider device identification codes and related device information so the
LoRaWAN Network Provider can receive and transmit device messages, and provide
support. AWS may change, deprecate, or discontinue the availability of the
LoRaWAN Network Provider through AWS IoT Core at any time upon notice to you.
39.14. AWS IoT Core for Amazon Sidewalk
39.14.1. “AWS IoT Core for Amazon Sidewalk” is a feature of AWS IoT Core that
enables customers to build applications and devices that connect to a shared
network of bridge devices (“Gateways”) that contribute low-bandwidth connection
to Amazon Sidewalk-enabled devices to help extend their working ranges and stay
connected to the internet (“Amazon Sidewalk”). Amazon Sidewalk is provided by
Ring LLC, however usage of and connectivity to Amazon Sidewalk from AWS is
included as a part of AWS IoT Core for Amazon Sidewalk. You agree to, and must
comply with, the following (which can be found in the Amazon Sidewalk User
Guide): (i) the Amazon Sidewalk Program Requirements; (ii) the Works with Amazon
Sidewalk Qualification Guidelines; and (iii) the Amazon Sidewalk Program
Security Requirements. We may suspend or terminate Amazon Sidewalk and/or your
access to it at any time without prior notice.
39.14.2. You may not sell, distribute, or otherwise make available any device,
component, or other product that connects to, enables connectivity to, or
interacts with Amazon Sidewalk (an “AS Device”) unless that AS Device has been
and remains qualified at all times through the Works with Amazon Sidewalk
(“WWAS”) qualification program.
39.14.3. We may collect and use certain information related to your AS Devices,
including transmission and authentication identifiers. We use this data for
purposes of maintaining and providing AWS IoT Core for Amazon Sidewalk. You
provide specific authorization for AWS to use Ring LLC as a sub-processor in
accordance with the DPA to process Customer Data in the US in order to make
Amazon Sidewalk available for this feature.
39.14.4. Gateways are owned by customers who are contributing bandwidth from
their Gateway’s existing internet service to Amazon Sidewalk, and are separate
from and located outside of AWS data center facilities, servers, networking
equipment, storage media, and host software systems. Consequently, (i) you are
responsible for ensuring the security of your products and services in
connection with their usage of or connectivity to Amazon Sidewalk, (ii) any
commitments made in the Agreement related to security do not apply to Amazon
Sidewalk, and (iii) Amazon Sidewalk coverage, density, bandwidth, up-time, and
availability is not guaranteed and may change without notice.
39.14.5. Subject to your compliance at all times with the Agreement and the
Works with Amazon Sidewalk Badge Guidelines, we hereby grant you a
non-exclusive, royalty-free, and revocable license to use AWS Marks provided to
you in connection with the WWAS qualification program (collectively, the “WWAS
Marks”), to identify your WWAS-qualified AS Devices as using or being compatible
with Amazon Sidewalk. Your use of WWAS Marks is also subject to Sections 4-7, 9,
11, and 14-18, of the AWS Trademark Guidelines. You must include the following
statement in any materials that display the WWAS Marks: “Amazon, Amazon
Sidewalk, and all related marks are trademarks of Amazon.com, Inc. or its
affiliates.” We may include information about you and your AS Devices in our
marketing materials to identify you as a participant in the WWAS program,
including your name, logo, images, and videos of your AS Devices.
40. AMAZON QUICKSIGHT
40.1. You may enable End Users to use Amazon QuickSight under your account. If
you choose to enable End Users under your account, it is your responsibility to
inform each End User that our termination of your use of Amazon QuickSight will
also terminate their use of Amazon QuickSight. It is also your responsibility to
inform them that you are acting as an “Amazon QuickSight Administrator” and can
perform the following actions: (a) activate and deactivate End Users’ Amazon
QuickSight accounts; (b) control End User access to data sets and certain
functionality of Amazon QuickSight; and (c) access information about End Users’
use of Amazon QuickSight.
40.2. Amazon QuickSight may use Your Content that you select as a data source
for Amazon QuickSight to make personalized recommendations to you, such as
suggested visualizations based on your query history and suggested insights.
40.3. Amazon QuickSight Machine Learning Services. “Amazon QuickSight ML
Services” means Amazon QuickSight Q. “Amazon QuickSight ML Content” means Your
Content that is processed by an Amazon QuickSight ML Service. The following
terms apply to your use of Amazon QuickSight ML Services:
(a) You agree and instruct that: (i) we may use and store Amazon QuickSight ML
Content to develop and improve Amazon QuickSight ML Services and their
underlying technologies; (ii) we may use and store Amazon Quicksight ML Content
that is not personal data to develop and improve AWS and affiliate
machine-learning and artificial intelligence technologies; and (iii) solely in
connection with the development and improvement described in clauses (i) and
(ii), we may store your Amazon QuickSight ML Content in AWS regions outside the
AWS regions where you are using Amazon QuickSight ML Services. You may instruct
AWS not to use and store Amazon QuickSight ML Content processed by Amazon
QuickSight to develop and improve that Service or technologies of AWS or its
affiliates by configuring an AI services opt out policy using AWS Organizations.
(b) You are responsible for providing legally adequate privacy notices to End
Users of your products or services that use Amazon QuickSight ML Services and
obtaining any necessary consent from such End Users for the processing of Amazon
QuickSight ML Content and the storage, use, and transfer of Amazon QuickSight ML
Content as described under this Section. You represent to us that you have
provided all necessary privacy notices and obtained all necessary consents. You
are responsible for notifying us in the event that any Amazon QuickSight ML
Content stored by Amazon QuickSight ML Services must be deleted under applicable
law.
(c) You will not, and will not allow any third-party to, use Amazon QuickSight
ML Services to, directly or indirectly, develop or improve a similar or
competing product or service.
40.4. QuickSight Readers. Readers (as defined in the QuickSight documentation)
that are used for automatically or programmatically refreshing dashboards for
near real-time use cases must choose capacity pricing. For readers under user
pricing, each reader is limited to manual use by one individual only.
41. AWS CERTIFICATE MANAGER
41.1. 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. 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
Amazon 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 Amazon CA control over the Fully-Qualified Domain Name, and you approve
of Amazon CA requesting the Certificate for the domain name. We may decline to
provide you with a Certificate for any reason.
41.2. 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 Amazon 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 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);
(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 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.
42. AWS VERIFIED ACCESS
42.1. We may change, discontinue, or deprecate support for any third-party trust
provider at any time without prior notice.
43. AMAZON GAMELIFT
43.1. 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.
43.2. 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.
43.3. Your use of Amazon GameLift Local is governed by the Amazon GameLift Local
License Agreement.
43.4. 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 AWS
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 5.3, above.
44. AWS APPLICATION DISCOVERY SERVICE
When you use AWS Application Discovery Service, data that is scanned by AWS
Application Discovery Service in your on-premises computing resources will be
deemed Your Content.
45. AWS PROFESSIONAL SERVICES
45.1. “AWS Professional Services” are advisory and consulting services that AWS
provides under a statement of work (“SOW”) to help you use the other Services.
AWS Professional Services are “Services” for purposes of the Agreement.
45.2. AWS or any of its affiliates may enter into a SOW or an addendum to the
Agreement with you to provide AWS Professional Services. For the purposes of
each SOW or addendum, the term “AWS” in the SOW, the addendum and the Agreement
refers to the AWS entity that executes the SOW or addendum, and no other AWS
entity has any obligations under that SOW or addendum. Each SOW or addendum
(together with the Agreement) is intended by the parties as the final, complete,
and exclusive terms of their agreement and supersedes all prior agreements and
understandings (whether oral or written) between the parties with respect to the
subject matter of that SOW or addendum.
45.3. AWS will invoice you monthly for the AWS Professional Services. Payments
for AWS Professional Services are not refundable.
45.4. AWS does not provide legal or compliance advice. You are responsible for
making your own assessment of whether your use of the Services meets applicable
legal and regulatory requirements.
45.5. Other 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.
45.6. AWS may develop 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”). Subject 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. Any Developed Content provided to you by AWS as part of the
AWS Professional Services under a SOW is licensed under the following terms:
* AWS licenses any Documents to you under the Creative Commons Attribution 4.0
International License (CC-BY 4.0); and
* AWS licenses any Software to you under the Apache License, Version 2.0.
45.7. Some Developed Content may include AWS Content or Third Party Content
provided under a separate license. In the event of a conflict between Section
45.6 above and any separate license, the separate license will control with
respect to such AWS Content or Third Party Content.
45.8. Any materials or information that you own or license from a third party
and provide 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.
45.9. If there is a conflict between this Section 45 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.
45.10. AWS and its affiliates will handle any personal data relating to your
personnel (“Personnel”) that is provided to AWS or its affiliates in connection
with a SOW in accordance with the handling practices described in the AWS
Privacy Notice (available at https://aws.amazon.com/privacy/). You will make the
AWS Privacy Notice available to any Personnel whose personal data you provide to
AWS or its affiliates.
46. 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 AWS 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.
47. AWS SERVER MIGRATION SERVICE.
47.1. When you use AWS Server Migration Service, data that is scanned by AWS
Server Migration Service in your on-premises computing resources will be deemed
Your Content.
47.2. We may terminate the migration of any image that remains in a migration
queue for 90 days or more.
48. AWS ORGANIZATIONS
48.1. AWS Organizations enables you to create an “Organization” by joining a
single AWS account (the “Management Account,” previously called the “Master
Account”) with one or more AWS accounts (each, a “Member Account”). Except 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. 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 a Member Account’s behalf.
48.2. If you enable consolidated billing, the Management Account and Member
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.
48.3. We may enable, with at least 14 days’ prior notice to you, all features in
your Organization if requested by the Organization’s Management Account. If your
Organization has all features enabled: (i) the consolidated billing terms as
described in Section 48.2 will apply to your Organization; (ii) the Management
Account will have full access to and control over its Member Accounts; and (iii)
the Management Account is jointly and severally liable for any actions taken by
its Member Accounts.
48.4. When a Management Account uses AWS Organizations or the
CreateLinkedAccount API to create an account (“Created Account”): (i) the
Created Account will be a Member Account of the Management Account’s
Organization with the AWS Organizations features that the Management Account
enables from time to time; (ii) the Created Account is governed by the terms of
the Management Account’s Agreement; (iii) the Management Account is jointly and
severally liable for any actions taken by the Created Account; and (iv) an IAM
role is created in the Created Account that grants the Management Account full
administrative access to the Created Account.
49. 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.
50. AWS MACHINE LEARNING AND ARTIFICIAL INTELLIGENCE SERVICES
50.1. “AI Services” means, collectively, Amazon Bedrock, Amazon CodeGuru
Profiler, Amazon CodeGuru Reviewer, Amazon CodeWhisperer, Amazon Titan, Amazon
Comprehend, Amazon Comprehend Medical, Amazon DevOps Guru, Amazon Forecast, AWS
HealthLake, Amazon Kendra, Amazon Lex, Amazon Lookout for Metrics, Amazon
Personalize, Amazon Polly, Amazon Rekognition, Amazon Textract, Amazon
Transcribe, Amazon Transcribe Medical, Amazon Translate, AWS HealthOmics, and
AWS HealthImaging. “AI Content” means Your Content that is processed by an AI
Service.
50.2. The output that you generate using AI Services is Your Content. Due to the
nature of machine learning, output may not be unique across customers and the
Services may generate the same or similar results across customers.
50.3. You agree and instruct that for Amazon CodeGuru Profiler, Amazon
CodeWhisperer Individual, Amazon Comprehend, Amazon Lex, Amazon Polly, Amazon
Rekognition, Amazon Textract, Amazon Transcribe, and Amazon Translate: (a) we
may use and store AI Content that is processed by each of the foregoing AI
Services to develop and improve the applicable AI Service and its underlying
technologies; (b) we may use and store AI Content that is not personal data to
develop and improve AWS and affiliate machine-learning and
artificial-intelligence technologies; and (c) solely in connection with the
development and improvement described in clauses (a) and (b), we may store such
AI Content in an AWS region outside of the AWS region where you are using such
AI Service. This Section does not apply to Amazon CodeWhisperer Professional,
Amazon Comprehend Medical, Amazon Transcribe Medical, Amazon Comprehend Detect
PII or any AI Service that is not listed in the first sentence of this Section
50.3. You may instruct AWS not to use and store AI Content processed by an AI
Service to develop and improve that Service or technologies of AWS or its
affiliates by configuring an AI services opt out policy using AWS Organizations.
For access to AI Services via AWS Builder ID, you may instruct AWS to refrain
from using and storing AI Content processed by an AI Service to develop and
improve that Service or technologies of AWS or its affiliates by using the
opt-out mechanism indicated in the applicable service documentation.
50.4. You are responsible for providing legally adequate privacy notices to End
Users of your products or services that use any 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 50,
including 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 AI Service. You represent to us that you have
provided all necessary privacy notices and obtained all necessary consents. You
are responsible for notifying us in the event that any AI Content stored by an
AI Service must be deleted under applicable law. If 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; and (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
technical documentation. Amazon 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.
50.5. You will not, and will not allow any third-party to, use the AI Services
to, directly or indirectly, develop or improve a similar or competing product or
service. The foregoing does not apply to Amazon Forecast and Amazon Personalize.
50.6. 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 bodily injury or death or cause environmental or property damage. AI
Services may be used in connection with supporting healthcare services but are
not medical devices and are not intended to be used by themselves for any
clinical decision-making or other clinical use. You are responsible for
liability that may arise in connection with any such uses.
50.7. 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 AI Services
with the AWS Mobile SDKs.
50.8. Law Enforcement Use of Amazon Rekognition. Amazon Rekognition’s face
comparison feature uses machine learning to detect similarities between faces in
different images and generate predictions of the likelihood the same person
appears in both images; it does not provide definitive identifications of any
person. Given the nature of machine learning systems, the following terms apply
when Law Enforcement Agencies use Amazon Rekognition’s face comparison feature
in connection with criminal investigations. “Law Enforcement Agency” means a
government entity whose primary purpose and responsibilities are criminal
investigation, apprehension and prosecution.
50.8.1. If Amazon Rekognition is used to assist in identifying a person, and
actions will be taken based on the identification that could impact that
person’s civil liberties or equivalent human rights, the decision to take action
must be made by an appropriately trained person based on their independent
examination of the identification evidence.
50.8.2. Law Enforcement Agencies that use Amazon Rekognition to assist personnel
in making decisions that could impact civil liberties or equivalent human rights
must ensure such personnel receive appropriate training on responsible use of
facial recognition systems, including how to properly operate the system and
interpret its results. For an example of how to implement such training, see the
Facial Recognition Policy Development Template published by the U.S Department
of Justice’s Bureau of Justice Assistance.
50.8.3. Amazon Rekognition may not be used for sustained surveillance of a
specific person without following an independent review process that is designed
to protect civil liberties or equivalent human rights (such as obtaining a court
order, warrant, or other authorization), unless the use is to address exigent
circumstances involving a threat of death or serious harm to a person.
50.8.4. Law Enforcement Agencies that use Amazon Rekognition for criminal
investigations must provide a public disclosure describing their use of facial
recognition systems. The method and content of the disclosure is at the
reasonable discretion of the agency, but should be easily accessible to the
public (such as a posting on a website), describe how the facial recognition
system is used, and summarize safeguards in place to prevent violations of civil
liberties or equivalent human rights. For examples, see statements and privacy
assessments from the FBI and the Facial Recognition Policy Development Template
published by the U.S Department of Justice’s Bureau of Justice Assistance.
50.9. Amazon has implemented a moratorium on use of Amazon Rekognition’s face
comparison feature by police departments in connection with criminal
investigations. This moratorium does not apply to use of Amazon Rekognition’s
face comparison feature to help identify or locate missing persons.
50.10. Amazon CodeWhisperer Professional Defense of Claims and Indemnity. The
following terms apply to Amazon CodeWhisperer Professional:
50.10.1. Subject to the limitations in this Section 50.10, AWS will defend you
and your employees, officers, and directors against any third-party claim
alleging that the output generated by Amazon CodeWhisperer Professional
infringes or misappropriates that third party’s intellectual property rights,
and will pay the amount of any adverse final judgment or settlement.
50.10.2. AWS will have no obligations or liability under Section 50.10.1 with
respect to any claim: (i) arising from Content that differs from output
generated by Amazon CodeWhisperer Professional; (ii) arising from output
generated in connection with inputs or other data provided by you that, alone or
in combination, infringe or misappropriate another party’s intellectual property
rights; (iii) if you intentionally generate output that infringes or
misappropriates another third party’s intellectual property rights; (iv) if you
have fine-tuned, refined, customized, or otherwise modified Amazon CodeWhisperer
Professional and the alleged infringement or misappropriation would not have
occurred but for this fine-tuning, refinement, customization, or modification;
(v) if you have not enabled all filtering features made available for Amazon
CodeWhisperer Professional; (vi) if you disregard an indication by the Service
of the output’s similarity to other data; (vii) if your use of Amazon
CodeWhisperer Professional violates the Agreement; or (viii) arising after you
receive notice to stop using the output or become aware of the output’s
potential infringement or misappropriation. The remedies in this Section 50.10
are the sole and exclusive remedies under the Agreement for any third-party
claims alleging that the output generated by Amazon CodeWhisperer Professional
infringes or misappropriates a third party’s intellectual property rights. AWS’s
defense and payment obligations under this Section 50.10.1 will not be subject
to any damages cap under the Agreement.
50.10.3. The obligations under this Section 50.10 will apply only if you: (a)
give AWS prompt written notice of the claim; (b) permit AWS to control the
defense of the claim; and (c) reasonably cooperate with AWS (at AWS’s expense)
in the defense and settlement of the claim. AWS may settle the claim as AWS
deems appropriate, provided that AWS obtains your prior written consent (not to
be unreasonably withheld) before entering into any settlement.
50.11. Neither you nor your End Users will, or will attempt to, reverse
engineer, disassemble, or decompile AI Services, or apply any other process or
procedure to derive the source code or other underlying components (such as the
model, model parameters, or model weights) of AI Services.
50.12. Amazon Bedrock. The following terms apply to Amazon Bedrock:
50.12.1. Third-party models are made available to you as “Third-Party Content”
under your Agreement with AWS and are subject to additional third-party license
terms specified in Amazon Bedrock and related documentation. Your access to and
use of third-party models on Amazon Bedrock may require your use of AWS
Marketplace, and in those cases Section 20 (AWS Marketplace) of the Service
Terms apply. Notwithstanding anything to the contrary in the Agreement or
Service Terms, for purposes of facilitating your purchases of Amazon Bedrock,
Amazon Web Services, Inc. will be the AWS Contracting Party.
50.12.2. We may share information, that does not include Your Content, about
your use of a third-party model on Amazon Bedrock with the provider of that
third-party model, including related to potential violations of the third-party
model provider’s terms of service or acceptable use policies.
50.12.3. Provisioned throughput commitments for Bedrock. We may change
provisioned throughput commitment pricing or stop offering commitments for
provisioned throughput at any time. Any price changes will not apply to existing
commitments. Provisioned throughput commitments are nontransferable and
noncancellable, so you will be charged for the duration of the term you
selected, even if you terminate the Agreement.
51. AMAZON LIGHTSAIL
51.1. You authorize AWS to peer your Amazon Lightsail VPCs and your Amazon VPCs
when using Amazon Lightsail VPC peering.
51.2. 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. Use of Microsoft Software on Amazon Lightsail is subject to Section 5.1
above. Microsoft is an intended third-party beneficiary of this Section 51.2,
with the right to enforce its provisions.
51.3. 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 or content delivery network (CDN) Services as described in the
technical documentation), and if you do, we may throttle or suspend your data
services or suspend your account.
52. AWS SYSTEMS MANAGER
52.1. Systems Manager may collect and transmit to AWS 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 AWS to improve the Service.
52.2. Certain features of this Service include functionality that allows
notifications to be sent to a contact channel (e.g., telephone number, email
address). Your use of these features instructs us to send notifications (e.g.,
SMS/voice messages/emails) to the contact channels entered in the applicable
workflows and confirms that you are authorized to send such notifications.
Carriers may charge for notifications sent or received in connection with these
features.
52.3. Your use of AWS-ApplyChefRecipes is subject to Section 23.2. above.
53. AMAZON CHIME AND AMAZON CHIME SDK
53.1. In this section, “Amazon Chime” includes Amazon Chime and Amazon Chime
SDK.
53.2. End Users.
53.2.1. You may enable End Users to use Amazon Chime under your account.
Termination of your account’s use of Amazon Chime will also terminate such End
Users’ paid features, Voice Connector features, and Business Calling features
associated with your account or organization, and all such End Users will be
converted to the free features of Amazon Chime.
53.2.2. Amazon Chime End Users can be managed by End Users with administrative
privileges (“Amazon Chime Administrators”). Amazon Chime Administrators can (a)
upgrade or downgrade End Users’ Amazon Chime tier and feature set; (b) suspend
End User’s access to Amazon Chime; and (c) access information about their End
Users’ use of Amazon Chime, including call details.
53.2.3. Amazon Chime SDK allows developers to integrate communications features
into a customer’s application. You are responsible for the use of Amazon Chime
SDK under your account as part of your application or offering. You are also
responsible for the activities of users of such applications or offerings,
including their compliance with applicable laws and regulations, the AWS
Acceptable Use Policy, and these Terms. AWS may suspend your use of Amazon Chime
SDK for non-compliance with such requirements by you or your users.
53.3. Chime PSTN Service.
53.3.1. The term “Chime PSTN Service” as used in these Terms means the ability
for you to integrate Public Switched Telephone Network (PSTN) calling and text
messaging features into your Amazon Chime experience. The Chime PSTN Service
includes (a) dial in access to meetings from the PSTN via standard toll numbers
and toll-free numbers; (b) dial out access from meetings to PSTN numbers via
standard toll or toll-free numbers; (c) dial in access to Amazon Chime
softphones from the PSTN via standard toll or toll-free numbers; (d) dial out
access from the Amazon Chime softphone to the PSTN via standard toll or
toll-free numbers; (e) receiving text and multi-media messages in Amazon Chime
messaging or to APIs via standard toll or toll-free numbers; (f) sending text
and multi-media messages from Amazon Chime messaging or from APIs via standard
toll or toll-free numbers; (g) dial in access to Amazon Chime Voice Connector
from the PSTN via standard toll or toll-free numbers; (h) dial out access from
the Amazon Chime Voice Connector to the PSTN via standard toll or toll-free
numbers; (i) dial in access to APIs from PSTN via toll or toll-free phone
numbers; and (j) dial out access from APIs to the PSTN via standard toll or
toll-free numbers.
53.3.2. Portions of the Chime PSTN Service, specifically Business Calling, Voice
Connector, and SMS Text, are sold and provided by AMCS LLC (“AMCS”), an
affiliate of AWS, and not AWS, but are otherwise subject to the terms of the
Agreement. Your invoice will state which Services that you have used are sold to
you by AMCS and which are sold by AWS. Invoicing for the Chime PSTN Service is
performed by AWS on behalf of AMCS for administrative convenience. You do not
have to purchase any services sold by AMCS or the Chime PSTN Service to use
Amazon Chime, and you may purchase the Chime PSTN Service calling features (such
as inbound or outbound calling) separately, together, or not at all from AMCS.
AWS is not a telecommunications provider and does not provide any
telecommunications-related services.
53.3.3. In using the Chime PSTN Service, you will not: (a) call or text PSTN
telephone numbers (whether singly, sequentially, or automatically) to generate
income from access or termination charges for you or others as a result of
placing the call or texting, (b) engage in unusual calling patterns inconsistent
with normal, individual use, or (c) resell the Chime PSTN Service to any third
party without our prior written consent.
53.3.4. Your use of the Chime PSTN Service in certain countries are subject to
additional Country Specific Communications Service Terms.
53.4. If, as a part of Amazon Chime, AMCS 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 subject to any number portability rights under applicable law. AMCS
reserves the right to change, cancel, or move telephone numbers.
53.5. You and your End Users have the option to use Amazon Chime to record the
applicable audio or video session along with chat and other types of recordings
(collectively, “Recording”). If you or your End Users request that an audio or
video session or other communication be recorded, Amazon Chime will attempt 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. You 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.
You 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. Neither AWS nor its affiliates will be liable for your or
your End Users’ unlawful Recording, including failure to provide notice or
obtain consent. Any notice provided by AWS to alert participants that a session
or communication 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.
53.6. Unless stated otherwise, your or your End Users’ subscription to any of
Amazon Chime’s free features does not require the payment of a subscription fee.
Amazon Chime’s free features are not guaranteed for any period of time, and AWS
may restrict, change, limit, or terminate the use of "free" or "basic" features
of Amazon Chime by any individual, entity, or group of entities. If you or your
End Users sign up for and use paid features of Amazon Chime and then for any
reason, including 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
features of Amazon Chime 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.
53.7. Emergency calling.
53.7.1. The Chime PSTN Service, including Voice Connector features and Business
Calling features, is not a traditional telephone service or a replacement for
traditional telephone service. Amazon Chime does not provide emergency calling
to any emergency services personnel or public safety answering points
("Emergency Services") outside the United States. End Users should not make an
Emergency Services call from a location outside the United States because the
call will not to be routed to the call answering service for that location.
53.7.2. Within the United States, Voice Connector and Business Calling features
support 911 calls to Emergency Services differently than through traditional
telephone services. Amazon Chime may not know the physical location of End Users
and depends on End Users having access to power and the internet. As calls to
Emergency Services in the United States made using Voice Connector or Business
Calling features will not automatically provide an End User’s location
information, the End User must provide their emergency address information to
the operator that answers the call. You and your End Users are responsible for
ensuring that a valid call-back number is provided with any 911 call placed
using Voice Connector or Business Calling. You are solely responsible for any
arrangements with third parties to provide your End Users with access to
Emergency Services, and AWS makes no representations or warranties regarding the
use of any such arrangements with Amazon Chime. You agree to inform your End
Users that (a) the Chime PSTN Service cannot be used to make calls if the End
User experiences a power outage, cannot access the Internet, or their device has
no power, (b) Emergency Services calls in the United States using the Chime PSTN
Service may not be routed appropriately because Amazon Chime may not know the
End User’s location, and (c) End Users may access Emergency Services via other
means that may be available to them, including any alternative arrangements that
you make available.
53.7.3. The Amazon Chime SDK features do not support calls to Emergency
Services. If you permit End Users to place outbound calls or send outbound SMS
from a dialpad enabled by Amazon Chime SDK, you must provide prominent notice to
your End Users that access to the Emergency Services is not supported.
53.7.4. Neither 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 using Amazon Chime. AWS disclaims all responsibility for the
conduct of local emergency response centers, third parties engaged by you to
facilitate emergency response location or other address updates, and all other
third parties involved in the provision of Emergency Services. As permitted by
applicable law, you agree to release, indemnify, and hold harmless AWS and its
affiliates from and against any liability relating to: (a) any acts or omissions
of such third parties or other third parties involved in the handling of or
response to any emergency call, (b) your inability to use the Chime PSTN Service
to contact Emergency Services due to lack of power or internet access; (c) any
failure by you or your End Users to provide accurate caller location information
or call back information; or (d) your failure to make additional arrangements to
access Emergency Services.
53.8. Amazon Chime SDK Machine Learning Services. “Amazon Chime SDK ML Services”
means the speaker search and voice tone analysis features of the Amazon Chime
SDK. “Amazon Chime SDK ML Content” means Your Content that is processed by an
Amazon Chime SDK ML Service. The following terms apply to your use of Amazon
Chime SDK ML Services:
(a) You agree and instruct that: (i) we may record, use and store Amazon Chime
SDK ML Content to develop and improve Amazon Chime SDK ML Services and their
underlying technologies; (ii) we may record, use and store Amazon Chime SDK ML
Content that is not personal data to develop and improve AWS and affiliate
machine-learning and artificial intelligence technologies; and (iii) solely in
connection with the development and improvement described in clauses (i) and
(ii), Amazon Chime SDK ML Content may be stored in AWS regions outside the AWS
regions where you are using Amazon Chime SDK ML Services. You may instruct AWS
not to record, use and store Amazon Chime SDK ML Content processed by Amazon
Chime SDK ML Services to develop and improve that Service or technologies of AWS
or its affiliates by configuring an AI services opt out policy using AWS
Organizations.
(b) You are responsible for providing legally adequate privacy notices to End
Users of your products or services that use Amazon Chime SDK ML Services and
obtaining any necessary consent from such End Users for the processing of Amazon
Chime SDK ML Content and the recording, storage, use, and transfer of Amazon
Chime SDK ML Content as described under this Section. You represent to us that
you have provided all necessary privacy notices and obtained all necessary
consents. You are responsible for notifying us in the event that any Amazon
Chime SDK ML Content stored using Amazon Chime SDK ML Services must be deleted
under applicable law.
(c) You will not, and will not allow any third-party to, use Amazon Chime SDK ML
Services to, directly or indirectly, develop or improve a similar or competing
product or service.
53.9. Amazon Chime SDK speaker search
53.9.1. If you use Amazon Chime SDK speaker search in a jurisdiction that has
legal requirements related to the collection, possession, processing, use,
disclosure, or storage (“processing”) of any biometric information or
identifiers (“biometric data”), including without limitation the Illinois
Biometric Information Privacy Act (“BIPA”), the Texas Capture or Use of
Biometric Identifier Act, the Washington Biometric Identifier statute, the
California Consumer Privacy Act, the EU General Data Protection Regulation, or
any other similar privacy laws or laws governing biometric data, then, in
addition to complying with all applicable legal requirements, you must also,
before processing any biometric data, provide legally adequate notices to all
relevant data subjects from whom biometric data may be collected informing the
data subjects of the processing, and you must obtain from all relevant data
subjects from whom biometric data is collected any necessary consent (including
informed written consent and explicit consent, where applicable) to the
processing. Further, the notices required under this section must be provided on
behalf of you and on behalf of AWS, and the consents obtained under this section
must be obtained on behalf of you and on behalf of AWS.
(a) Written policy and retention schedule: If your End User is a resident of or
located in Illinois, and you are subject to the Illinois Biometric Information
Privacy Act (“BIPA”), You must instruct AWS to permanently destroy biometric
data when the initial purpose for collecting or obtaining such data has been
satisfied, when an End User has requested that their data be deleted, or as
otherwise required by law. Additionally, you instruct AWS to permanently destroy
biometric data within three years after the End User's last interaction with the
speaker search feature, as determined by AWS and in AWS’s sole discretion.
(b) Written notice and release. You must provide the following information in
writing to, and obtain an executed written release as required by BIPA from,
each End User in Illinois: “[Your company name (“Company”)] uses Amazon Web
Services as a service provider for speaker search services. Biometric
identifiers and biometric information (“biometric data”) may be collected,
stored, and used by Amazon Web Services on behalf of [Company] for the purpose
of providing the speaker search services, including comparing the voice of a
caller against previously stored voice data. Biometric data that is generated as
part of this process will be retained for up to three years after your last
interaction with [Company], or longer only if allowed or required by applicable
law, and thereafter destroyed. Except as required or permitted by applicable
law, [Company] will instruct Amazon Web Services to permanently destroy
biometric data that is stored on [Company’s] behalf when the initial purpose for
collecting or obtaining such data has been satisfied, within three years after
your last interaction with the services, or after being informed by you that
such data should be destroyed, whichever comes first. Biometric data may be
transmitted between [Company] and Amazon Web Services as necessary to provide
and receive this service. You hereby provide your express, informed, written
release and consent for [Company] and Amazon Web Services to collect, use, and
store your biometric data as described herein.”
If you do not comply with these requirements or otherwise fail to comply with
all applicable laws, you may not use the service. You agree to cooperate with
AWS to confirm compliance with all applicable laws and these requirements upon
AWS’s request, including by providing AWS with verification that you have
obtained the required written release under BIPA and obtained other applicable
consents from end users. You will defend and indemnify AWS for any and all
damages, liabilities, penalties, fines, costs, and expenses (including
reasonable attorneys’ fees) arising out of or in any way related to your direct
or indirect failure to meet the requirements of this section or comply with
applicable laws, and you will promptly provide AWS with proof of insurance
coverage upon request. You hereby release AWS from all damages, liabilities,
penalties, fines, costs, and expenses (including reasonable attorneys’ fees) in
connection with any claim, action, audit, suit, investigation, or other
proceedings related to your failure to meet such requirements or to otherwise
comply with applicable law.
53.10. Amazon Chime SDK ML Services use machine learning models that generate
predictions based on patterns in data. Output generated by Amazon Chime SDK ML
Services is probabilistic and should be evaluated for accuracy as appropriate
for your use case, including by employing human review of the output or
combining it with other verification factors. You and your End Users are
responsible for all decisions made, advice given, actions taken, and failures to
take action based on your use of Amazon Chime SDK ML Services.
53.11. Amazon Chime in Japan is sold and provided by AMCS, but is otherwise
subject to the terms of the Agreement.
53.12. Amazon Chime in Singapore is sold and provided by AMCS SG PRIVATE
LIMITED, an affiliate of AWS, but is otherwise subject to the terms of the
Agreement.
53.13. You understand and agree that we store all user information (including
chat messages, contacts, calendar, and meeting recordings) in the United States
region(s) where the Amazon Chime service is hosted.
53.14. The Chime PSTN Service in the European Economic Area (EEA), the United
Kingdom and Switzerland is sold and provided by AMCS, but is otherwise subject
to the terms of the Agreement.
54. AMAZON CONNECT
54.1. Connect PSTN Service.
54.1.1. The term “Connect 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. The Connect PSTN
Service includes dial in access to Amazon Connect from the PSTN via standard
toll numbers and toll-free numbers.
54.1.2. The Connect PSTN Service is sold and provided by AMCS LLC (“AMCS”), an
affiliate of AWS, and not AWS, but is otherwise subject to the terms of the
Agreement. The Connect PSTN Service for Singapore is sold and provided by AMCS
SG PRIVATE LIMITED (“AMCS SG”), an affiliate of AWS, and not AWS, but is
otherwise subject to the terms of the Agreement. Invoicing for the Connect PSTN
Service is performed by AWS on behalf of AMCS and AMCS SG for administrative
convenience. You do not have to purchase any service sold by AMCS, AMCS SG, or
the Connect PSTN Service to use Amazon Connect, and you may purchase the Connect
PSTN Service calling features (such as inbound or outbound calling) separately,
together, or not at all from AMCS or AMCS SG. AWS is not a telecommunications
provider and does not provide any telecommunications-related services.
54.1.3. In using the Connect PSTN Service, you will not: (a) call PSTN telephone
numbers (whether singly, sequentially, or automatically) to generate income from
access or termination charges for you or others as a result of placing the call,
or (b) engage in unusual calling patterns inconsistent with normal, individual
use.
54.1.4. At the customer’s request where number portability is available, the
applicable AMCS entity will endeavor to transfer telephone numbers that are
provided by the AMCS entity or transferred by the customer for use with the
Amazon Connect service to a new service provider. However, due to limitations
under applicable law and the policies of underlying telecommunications service
providers, we may in some cases be unable to transfer a customer’s telephone
number.
54.1.5. We reserve the right to change or reclaim telephone numbers assigned by
the applicable AMCS entity (not including numbers that the customer has ported
to Amazon Connect) in the event of a breach of these terms, where necessary for
compliance with applicable law or regulation, or if the number has not been used
for 90 days.
54.1.6. Your use of the Connect PSTN Service in certain countries are subject to
additional Country Specific Communications Service Terms.
54.1.7. Calling to premium rate numbers is supported subject to certain limits.
Additional charges may apply to calls to premium rate number above those limits.
For more information, please contact Amazon Connect support.
54.2. Emergency calling
54.2.1. The Connect PSTN Service is not a replacement for traditional telephone
services. Amazon Connect does not support or carry emergency calling to any
emergency services personnel or public safety answering points (“Emergency
Services”) outside the United States. Your call agents and other End Users that
may use Amazon Connect should not make an Emergency Services call from a
location outside the United States because the call will not to be routed to the
call answering service for that location.
54.2.2. Within the United States, the Connect PSTN Service supports 911 calls to
Emergency Services differently than through traditional telephone services.
Amazon Connect may not know the physical location of End Users and depends on
End Users having access to power and the internet. You and your End Users are
responsible for ensuring that current location information and a valid callback
number for the End User is available to Amazon Connect for any 911 call placed
using the Connect PSTN Service. You agree to inform all call agents and other
End Users that may use Amazon Connect that: a) the Connect PSTN Service cannot
be used to make calls if the call agent or other End User experiences a power
outage, cannot access the Internet, or their device has no power, (b) Emergency
Services calls in the United States using the Connect PSTN Service may not be
routed appropriately because Amazon Connect may not know the call agent’s or
other End User’s location, and (c) they may access Emergency Services via other
means that may be available to them, including any alternative arrangements that
you have made available.
54.2.3. Neither 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 using Amazon Connect. AWS disclaims all responsibility for the conduct of
local emergency response centers, third parties engaged by you to facilitate
emergency response location or other address updates, and all other third
parties involved in the provision of Emergency Services. As permitted by
applicable law, you agree to release, indemnify, and hold harmless AWS and its
affiliates from and against any liability relating to: (a) any acts or omissions
of such third parties or other third parties involved in the handling of or
response to any emergency call, (b) your inability to use the Connect PSTN
Service to contact Emergency Services due to lack of power or internet access;
(c) any failure by you, your call agents or your other End Users that may use
Amazon Connect to provide accurate caller location information or call back
information; or (d) your failure to make additional arrangements to access
Emergency Services.
54.3. There are important service limitations with Amazon Connect. You must
carefully review and comply with the applicable technical documentation at all
times, including limitations related to call rates and frequency, automated
calling, calls to certain regions and others. If 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
reasonable discretion. Amazon Connect does not support calls to or from
facsimile machines or modems. Any caller identification service provided as a
part of Amazon Connect is not guaranteed to function at all times.
54.4. It 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. In 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.
54.5. You 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”). You 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.
Neither AWS nor its affiliates will be liable for your or your End Users’
unlawful Recording, including failure to provide notice or obtain consent.
54.6. To enable the Apple Business Chat integration with Amazon Connect, you
must create an Apple Business Register account and are responsible for reviewing
and accepting any applicable Apple terms. You agree that you are solely
responsible for your or your End User’s use of Apple Business Chat, the content
you or your End Users send through Apple Business Chat, and compliance with
applicable Apple terms.
54.7. Amazon Connect Machine Learning Services. “Amazon Connect ML Services”
means, collectively, Contact Lens for Amazon Connect, Amazon Connect Customer
Profiles, Amazon Connect outbound campaigns, Amazon Connect Wisdom, and Amazon
Connect Forecasting, Capacity Planning, and Scheduling. “Amazon Connect ML
Content” means Your Content that is processed by an Amazon Connect ML Service.
The following terms apply to your use of Amazon Connect ML Services:
(a) You agree and instruct that: (i) we may use and store Amazon Connect ML
Content to develop and improve Amazon Connect ML Services and their underlying
technologies; (ii) we may use and store Amazon Connect ML Content that is not
personal data to develop and improve AWS and affiliate machine-learning and
artificial intelligence technologies; and (iii) solely in connection with the
development and improvement described in clauses (i) and (ii), we may store your
Amazon Connect ML Content in AWS regions outside the AWS regions where you are
using Amazon Connect ML Services. You may instruct AWS not to use and store
Amazon Connect ML Content processed by Amazon Connect ML Services to develop and
improve that Service or technologies of AWS or its affiliates by configuring an
AI services opt out policy using AWS Organizations.
(b) You are responsible for providing legally adequate privacy notices to End
Users of your products or services that use Amazon Connect ML Services and
obtaining any necessary consent from such End Users for the processing of Amazon
Connect ML Content and the storage, use, and transfer of Amazon Connect ML
Content as described under this Section. You represent to us that you have
provided all necessary privacy notices and obtained all necessary consents. You
are responsible for notifying us in the event that any Amazon Connect ML Content
stored by Amazon Connect ML Services must be deleted under applicable law.
(c) You will not, and will not allow any third-party to, use Amazon Connect ML
Services to, directly or indirectly, develop or improve a similar or competing
product or service.
54.8. Amazon Connect Voice ID
54.8.1. If you use Amazon Connect Voice ID in a jurisdiction that has legal
requirements related to the collection, possession, processing, use, disclosure,
or storage (“processing”) of any biometric information or identifiers
(“biometric data”), including without limitation the Illinois Biometric
Information Privacy Act (“BIPA”), the Texas Capture or Use of Biometric
Identifier Act, the Washington Biometric Identifier statute, the California
Consumer Privacy Act, the EU General Data Protection Regulation, or any other
similar privacy laws or laws governing biometric data, then, in addition to
complying with all applicable legal requirements, you must also, before
processing any biometric data, provide legally adequate notices to all relevant
data subjects from whom biometric data may be collected informing the data
subjects of the processing, and you must obtain from all relevant data subjects
from whom biometric data is collected any necessary consent (including informed
written consent and explicit consent, where applicable) to the processing.
Further, the notices required under this section must be provided on behalf of
you and on behalf of AWS, and the consents obtained under this section must be
obtained on behalf of you and on behalf of AWS.
(a) Written policy and retention schedule. If your caller is a resident of or
located in Illinois, and you are subject to BIPA, you must instruct AWS to
permanently destroy biometric data when the initial purpose for collecting or
obtaining such data has been satisfied, when a caller has requested that their
data be deleted, or as otherwise required by law. Additionally, you instruct AWS
to permanently destroy biometric data within three years after the caller's last
interaction with the voice verification services, as determined by AWS and in
AWS’s sole discretion.
(b) Written notice and release. You must provide the following information in
writing to, and obtain an executed written release as required by BIPA from,
each caller in Illinois: “[Your company name (“Company”)] uses Amazon Web
Services as a service provider for voice verification services. Biometric
identifiers and biometric information (“biometric data”) may be collected,
stored, and used by Amazon Web Services on behalf of [Company] for the purpose
of providing the voice verification services, including comparing the voice of a
caller against previously stored voice data. Biometric data that is generated as
part of this process will be retained for up to three years after your last
interaction with [Company], or longer only if allowed or required by applicable
law, and thereafter destroyed. Except as required or permitted by applicable
law, [Company] will instruct Amazon Web Services to permanently destroy
biometric data that is stored on [Company’s] behalf when the initial purpose for
collecting or obtaining such data has been satisfied, within three years after
your last interaction with the services, or after being informed by you that
such data should be destroyed, whichever comes first. Biometric data may be
transmitted between [Company] and Amazon Web Services as necessary to provide
and receive this service. You hereby provide your express, informed, written
release and consent for [Company] and Amazon Web Services to collect, use, and
store your biometric data as described herein.”
If you do not comply with these requirements or otherwise fail to comply with
all applicable laws, you may not use the service. You agree to cooperate with
AWS to confirm compliance with all applicable laws and these requirements upon
AWS’s request, including by providing AWS with verification that you have
obtained the required written release under BIPA and obtained other applicable
consents from end users. You will defend and indemnify AWS for any and all
damages, liabilities, penalties, fines, costs, and expenses (including
reasonable attorneys' fees) arising out of or in any way related to your direct
or indirect failure to meet the requirements of this section or comply with
applicable laws, and you will promptly provide AWS with proof of insurance
coverage upon request. You hereby release AWS from all damages, liabilities,
penalties, fines, costs, and expenses (including reasonable attorneys’ fees) in
connection with any claim, action, audit, suit, investigation, or other
proceedings related to your failure to meet such requirements or to otherwise
comply with applicable law.
54.8.2. You will not, and will not allow any third-party to, use Amazon Connect
Voice ID to, directly or indirectly, develop or improve a similar or competing
product or service.
54.8.3. Amazon Connect Voice ID uses machine learning models that generate
predictions based on patterns in data. Output generated by Amazon Connect Voice
ID is probabilistic and should be evaluated for accuracy as appropriate for your
use case, including by employing human review of the output or combining it with
other verification factors. You and your End Users are responsible for all
decisions made, advice given, actions taken, and failures to take action based
on your use of Amazon Connect Voice ID.
54.9. Amazon Connect outbound campaigns. You are responsible for complying with
legal requirements related to unsolicited or unwanted communications or
telemarketing, including without limitation, the Telephone Consumer Protection
Act (TCPA), the FTC’s Telemarketing Sales Rule, the EU e-Privacy Directive, UK
Privacy and Electronic Communications Regulations, Ofcom’s policies regarding
nuisance calls and texts, or any similar federal, state, or local laws and
regulations. We reserve the right to suspend your use of Amazon Connect outbound
campaigns if the percentage of answered calls falls below 20% of calls made in
any 7 day period or such other level as we may establish in our documentation or
policies for outbound campaigns.
54.10. You may only use Amazon Connect Chat for its intended purpose as set
forth in the technical documentation. Other uses, including without limitation
creating chats for the primary purpose of sending non-chat-based communications,
such as email, are not permitted and may result in additional fees being charged
to your account or in any increased service limits being reverted to default
capacity.
55. AWS GREENGRASS
Your use of the AWS Greengrass Core is governed by the AWS Greengrass Core
Software License.
56. AWS MIGRATION HUB
When you use AWS Migration Hub, data that is scanned by AWS Migration Hub in
your on-premises computing resources will be deemed Your Content.
57. 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.
58. AWS MEDIA SERVICES
58.1. 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. You are solely responsible for
obtaining such licenses and paying any necessary royalties or fees.
58.2. AWS Elemental MediaConnect and Amazon Interactive Video Service (“IVS”) in
Japan are sold and provided by AMCS LLC, an affiliate of AWS, and not AWS, but
are otherwise subject to the terms of the Agreement.
58.3. AWS Elemental Media Event Management (MEM)
58.3.1. In order to provide MEM, we may request that you implement specific AWS
Elemental Software updates and/or provide us with prompt and reasonable access
to your AWS Elemental Products. MEM Services do not include installation,
configuration, administration, performance, operation, error, fault or defect
resolution or other support and maintenance of any AWS Elemental Products, AWS
Services or any third-party products (or any combination of any of the
foregoing).
58.3.2. AWS does not provide security, risk, governance, legal or compliance
advice. You are responsible for making your own assessment of whether your use
of the MEM Services meets applicable legal and regulatory requirements. You are
also solely responsible for carrying out any advice or recommendations we
provide.
58.3.3. Payments for MEM Services are not refundable, and your sole remedy is
for AWS to re-perform the relevant MEM Services, provided that you must notify
us of any failure within 10 business days of the original date of performance.
We will invoice you in the manner set forth on your engagement summary.
58.4. In conjunction with AWS Media Services, you can use watermarking software
and technology developed and owned by third-parties (Licensors). This technology
is Third-Party Content. You are solely responsible for obtaining all required
licenses from Licensors to use their technology, paying any necessary royalties
or fees, and complying with applicable terms and conditions.
59. AWS ENTITY RESOLUTION
59.1. “AWS Entity Resolution Content” means Your Content that is processed by
AWS Entity Resolution.
59.2. You agree and instruct that: (a) we may use and store AWS Entity
Resolution Content to develop and improve AWS Entity Resolution and its
underlying technologies; (b) we may use and store AWS Entity Resolution Content
that is not personal data to develop and improve AWS and affiliate
machine-learning and artificial intelligence technologies; and (c) solely in
connection with the development and improvement described in clauses (a) and
(b), we may store such AWS Entity Resolution Content in an AWS region outside
the AWS region where you are using AWS Entity Resolution. You may instruct AWS
not to use and store AWS Entity Resolution Content to develop and improve AWS
Entity Resolution and AWS and affiliate machine-learning and artificial
intelligence technologies by configuring an AI services opt out policy using AWS
Organizations.
59.3. You are responsible for providing legally adequate privacy notices to End
Users of your products or services and obtaining any necessary consent from such
End Users for the processing of AWS Entity Resolution Content and the storage,
use, and transfer of AWS Entity Resolution Content as described under this
Section 59. You represent to us that you have provided all necessary privacy
notices and obtained all necessary consents. You are responsible for notifying
us in the event that any AWS Entity Resolution Content stored by AWS Entity
Resolution must be deleted under applicable law.
59.4. You will not, and will not allow any third-party to, use AWS Entity
Resolution, directly or indirectly, to develop or improve a similar or competing
product or service.
60. AMAZON SAGEMAKER
60.1. You are responsible for providing legally adequate privacy notices to End
Users of your products or services that use Amazon SageMaker (including End
Users in your private workforce when using Amazon SageMaker Ground Truth) and
obtaining all necessary consents from such End Users.
60.2. Your use of the NVIDIA Corporation’s software, toolkits and drivers is
subject to the terms and conditions of the NVIDIA Cloud End User License
Agreement.
60.3. 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.
60.4. When using the public workforce of Amazon SageMaker Ground Truth: (a) you
may not provide datasets that contain protected health information, personally
identifying information, or other personal data, (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.
60.5. 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.
60.6. Amazon SageMaker Edge Manager collects performance and usage metrics and
data regarding your use of the Service, including model version, inference and
upload times, and diagnostic data. We may use these metrics and data to improve
the quality and feature sets of the Services and AWS Content.
60.7. We may change SageMaker Savings Plan (“SM Savings Plan”) pricing or
terminate the program at any time. Any price changes will not apply to
previously purchased SM Savings Plans. All amounts paid in connection with SM
Savings Plans are nonrefundable, except that if we terminate the Agreement other
than for cause, or terminate the SM Savings Plan program, we will refund you a
pro rata portion of any up-front fee paid. SM Savings Plans are nontransferable
and noncancellable, so you will be charged for the duration of the term you
selected, even if you terminate the Agreement. Upon expiration or termination of
the term of SM Savings Plans, 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 or use of the SM
Savings Plan and for complying with any applicable laws, policies, terms or
conditions governing your payment of up-front fees, including any fiscal or
appropriation laws, or other policies or restrictions governing up-front
payments for goods or services.
60.8. Amazon SageMaker Studio Lab
60.8.1. You acknowledge that we may store your Content that is processed by
Amazon SageMaker Studio Lab in AWS regions outside the AWS region where you are
using Amazon SageMaker Studio Lab.
60.8.2. Amazon SageMaker Studio Lab is provided for training and educational
purposes and is not intended for production workloads. AWS may modify your
ability to access or use Amazon SageMaker Studio Lab at any time, including any
usage or resource limits. Access to Amazon SageMaker Studio Lab features and
compute resources, including CPUs and GPUs, are not guaranteed.
60.8.3. If during the previous 3 months you have registered no usage of your
Amazon SageMaker Studio Lab account, we may delete your Amazon SageMaker Studio
Lab account and any associated Content upon 30 days prior notice to you.
Deleting your Amazon SageMaker Studio Lab account permanently and automatically
deletes the information associated with your account and any associated Content.
60.8.4. For purposes of your use of Amazon SageMaker Studio Lab, Amazon Web
Services, Inc. is the AWS Contracting Party under the Agreement.
61. AWS APPSYNC
You agree not to and will not attempt to perform any network discovery or load
testing of Your Content inside AWS AppSync unless expressly authorized by us in
writing.
62. AWS TELCO NETWORK BUILDER
AWS Support. You will remain enrolled in Business Support or better during the
entire period of your use of AWS Telco Network Builder.
63. AWS ROBOMAKER
63.1. AWS RoboMaker includes an integrated development and simulation
environment and related assets and tools we make available here (collectively,
“RoboMaker Materials”).
63.2. In addition to the rights granted to AWS Content under the Intellectual
Property License, AWS, Inc. also grants 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:
(a) 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 only on your AWS or your on-premises computing resources (each such
simulation environment, a “RoboMaker Simulation”).
(b) 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.
(c) You may sublicense the rights set forth in this Section 63.2 to your End
Users solely for the purpose of enabling your End Users to use and modify your
RoboMaker Simulation.
63.3. 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.
64. AMAZON FSX
64.1. Amazon FSx for Windows File Server. Use of Microsoft Software on Amazon
FSx for Windows File Server is subject to Section 5.1 above. Microsoft is an
intended third-party beneficiary of this Section 64.1, with the right to enforce
its provisions.
64.2. Amazon FSx for NetApp ONTAP. AWS may share Account Information, logs or
other usage information with NetApp to enable NetApp to provide technical and
sales support.
65. AWS SECURITY ASSURANCE SERVICES
65.1. “AWS Security Assurance Services” are advisory and consulting services
that AWS provides under a statement of work (“SOW”) to help you run regulated
data workloads using other Services. AWS Security Assurance Services are
provided by AWS Security Assurance Services LLC (“SAS”) or certain of its
affiliates. SAS is an affiliate of AWS. AWS Security Assurances Services are
“Services” for the purposes of the Agreement.
65.2. SAS or any of its affiliates may enter into a SOW with you to provide AWS
Security Assurance Services. For the purposes of each SOW, the term “SAS” in the
SOW and the term “AWS” or “SAS” in the Agreement refer only to the SAS entity
that executes the SOW, and no other AWS or SAS entity has any obligations under
such SOW. Each 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 the subject matter
of that SOW.
65.3. SAS, or one of its affiliates on behalf of SAS, will invoice you monthly
for the AWS Security Assurances Services. Payments for AWS Security Assurances
Services are not refundable.
65.4. SAS does not provide legal advice. You are responsible for making your own
assessment of whether your use of the Services meets applicable legal and
regulatory requirements.
65.5. Other 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.
65.6. SAS may develop 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 Security
Assurance Services (such Documents and Software, “Developed Content”). Subject
to any non- disclosure agreement in effect between you and SAS, SAS is
not precluded from developing, using, or selling products or services that
are similar to or related to the Developed Content. Any Developed Content
provided to you by SAS as part of the AWS Security Assurance Services under a
SOW is licensed under the following terms:
SAS licenses any Documents to you under the Creative Commons Attribution 4.0
International License (CC-BY 4.0); and
SAS licenses any Software to you under the Apache License, Version 2.0.
65.7. Some Developed Content may include AWS Content or Third Party Content
provided under a separate license. In the event of a conflict between Section
65.6 above and any separate license, the separate license will control with
respect to such AWS Content or Third Party Content.
65.8. Any materials or information that you own or license from a third party
and provide to SAS for the purposes of the AWS Security Assurance Services are
Your Content.
66. AMAZON WORKLINK
66.1. 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. Each End User may be permitted to use a
limited number of devices or sessions in any calendar month.
66.2. As part of regular operations, Amazon WorkLink may access your End Users’
devices that are provisioned as part of the Amazon WorkLink setup to perform
configurations, health checks, and diagnostics on a regular basis. During 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.
67. AWS TRAINING
67.1. “AWS Training” means the training programs that AWS provides in connection
with the Services and includes instructor-led and self-paced digital classes,
labs, and other training sessions and materials. AWS Training is a “Service” for
purposes of the Agreement. References to “AWS” in any Training Order or Order
Confirmation for AWS Training mean the AWS contracting entity for the ordered
AWS Training, and no other AWS entity will have any obligations for such ordered
AWS Training.
67.2. The additional terms and conditions here apply to AWS Training that is
instructor led, in whole or in part, provided in the applicable jurisdictions.
67.3. Training Investment Funding. If you are part of, or substantially owned,
funded, managed, or controlled by, any government at any level, any
international governing/regulatory body, any quasi-governmental entity, or any
publicly funded institution, and if AWS provides you any funding or discount in
the Training Order or Order Confirmation for AWS Training related to the
delivery of the listed purchased classes (“Discount”), then you agree with the
following terms:
67.3.1. You acknowledge that the Discount is solely for the purpose of
increasing your cloud competence; is not intended to result in any favorable or
otherwise beneficial treatment nor to reward or influence any business activity
or competitive bid; is offered independently of any past, current, or
prospective commercial transaction; and is not provided in furtherance of any
forthcoming competitive procurement/solicitation; and
67.3.2. You certify that, as applicable, you have confirmed with an appropriate
ethics official that there are no federal, state, local or institutional ethics
or procurement laws, regulations, or other rules that would restrict or prohibit
your receipt of any Discount.
68. AWS CERTIFICATION
“AWS Certification Program” means the program through which AWS makes available
professional certifications and other credentials in connection with the
Services. The AWS Certification Program is a “Service” for purposes of the
Agreement. To participate in the AWS Certification Program, you must agree to
the Certification Program Agreement (“CPA”). To the extent there is a conflict
between the Agreement and the CPA, the CPA controls.
69. MIGRATION EVALUATOR
Migration Evaluator collects performance and usage metrics and data about your
virtual machine image(s) and IT infrastructure; software packages and
applications; system, equipment, and application configuration, processes and
performance; network configurations, communications and dependencies; and the
installation and operation of Migration Evaluator and its components. We may use
these metrics and data to provide, maintain, and improve the quality and feature
sets of the Services and AWS Content.
70. AWS IQ
70.1. AWS IQ Experts (“Providers”) offer their services (“Provider Services”) as
independent contractors, and are not employees of you or us. AWS is not a party
to the agreement between you and any Providers for their Provider Services, is
not responsible or liable for Provider Services, and does not guarantee the
quality or accuracy of Provider Services. For avoidance of doubt, any
certification that a Provider obtains from us only certifies that the Provider
has passed a test intended to evaluate the Provider’s proficiency and
understanding of a particular AWS Service or area of knowledge to which that
certification relates, and is not a guarantee that the Provider Services will be
performed at any particular level of quality, speed, or to your specific
requirements.
70.2. AWS charges service fees for transactions between you and Providers on the
AWS IQ marketplace. AWS only collects these service fees if you and a Provider
pay and receive payment through the AWS IQ marketplace. Therefore, for 24 months
from the time you identify a Provider through AWS IQ, you agree to use AWS IQ as
your exclusive method to pay for Provider Services. For avoidance of doubt, if
you did not identify a Provider through use of AWS IQ, such as if you worked
with a Provider prior to connecting with that Provider on AWS IQ, then this
section does not apply.
70.3. You acknowledge and agree that we may use information from AWS IQ
listings, proposals, chat communications, and additional terms proposed or
agreed to between you and Providers on AWS IQ to develop and improve the quality
and feature set of AWS IQ.
70.4. If you choose to grant Providers access to your AWS account, you are
solely responsible and liable for (a) any actions taken by the Provider in your
account; (b) the Provider’s use of Your Content or use of the Services or AWS
Content; (c) ensuring the Provider complies with your obligations under the
Agreement, the Acceptable Use Policy, any other Policies, the Intellectual
Property License and applicable laws; (d) ensuring the Provider does not use the
Services or AWS Content in any manner or for any purpose other than as expressly
permitted by the Agreement and the Intellectual Property License; and (e)
ensuring Provider does not attempt to (i) modify, distribute, alter, tamper
with, repair, or otherwise create derivative works of any AWS Content or other
Content included in the Services (except to the extent Content included in the
Services is provided to you under a separate license that expressly permits the
creation of derivative works), (ii) reverse engineer, disassemble, or decompile
the Services or AWS Content or apply any other process or procedure to derive
the source code of any software included in the Services or AWS Content (except
to the extent applicable law doesn’t allow this restriction), (iii) access or
use the Services in a way intended to avoid incurring fees or exceeding usage
limits or quotas, or (iv) resell or sublicense the Services or AWS Content. You
will immediately revoke Provider’s access to your AWS account if you become
aware of any violation of your obligations under the Agreement or the
Intellectual Property License caused by a Provider with access to your AWS
account. If you use AWS IQ’s feature that allows you to grant a Provider access
to your account, AWS may, but is not obligated to, review activities in your
account for security purposes, and may revoke the Provider’s access at any time.
70.5. You release us (and our agents and employees) from claims, demands, and
damages (actual or consequential) of any and every kind and nature, known or
unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or
in any way connected with your use of the AWS IQ marketplace.
71. AWS CLOUD WAN
71.1. AWS Cloud WAN in Japan is sold and provided by AMCS LLC, an affiliate of
AWS, and not AWS, but is otherwise subject to the terms of the Agreement.
71.2. AWS Cloud WAN in Singapore is sold and provided by AMCS SG PRIVATE
LIMITED, an affiliate of AWS, and not AWS, but is otherwise subject to the terms
of the Agreement.
71.3. Your use of AWS Cloud WAN in South Korea is subject to the applicable
Country Specific Communications Service Terms.
72. AWS CODESTAR NOTIFICATIONS
AWS CodeStar Notifications utilizes one or more of the following: Amazon Simple
Notification Service (Amazon SNS), Amazon Simple Email Service (SES), and/or AWS
Chatbot. If utilized, your use of AWS CodeStar Notifications is also subject to
the terms that govern those Services.
73. AWS DATA EXCHANGE
73.1. The AWS Marketplace Service Terms apply to your use of AWS Data Exchange.
Your use of Content obtained through AWS Data Exchange remains subject to the
AWS Acceptable Use Policy, even if used outside of our Services.
73.2. You may not use any Content obtained through AWS Data Exchange that was
anonymized, de-identified, or otherwise disassociated from an identifiable
person in any manner that would attempt to re-identify, de-anonymize, or
otherwise associate such Content with an identifiable person.
74. AWS END OF SUPPORT MIGRATION PROGRAM FOR WINDOWS SERVER
74.1. The AWS End of Support Migration Program (EMP) for Windows Server Service,
including any tools provided for the EMP Service (which are AWS Content), may be
used solely for the purpose of migrating Your applications or other Content to
Amazon EC2 or other AWS Services.
74.2. You acknowledge that the EMP Service is designed to migrate your
applications and other Content to AWS Services and you may not use the EMP
Service, including any tools provided for the EMP Service, for ongoing use
outside of the AWS Services (e.g., on your on-premises systems), except that you
may temporarily run your applications or other Content on your on-premises
systems utilizing the EMP Service for up to 30 days to verify functionality
prior to migration.
74.3. You consent to the collection and provision of the data collected by the
EMP Service and its associated software and components, including information
about your virtual machine image(s); software packages; system, equipment, and
application configuration, processes and performance; network configurations,
communications and dependencies; relationships between the foregoing; and
information about the installation and operation of the EMP Service and its
associated software and components (“Migration Information”). Migration
Information may be used to improve the quality and feature set of the Services.
75. AMAZON FRAUD DETECTOR
75.1. AWS is not a consumer reporting agency as defined by the Fair Credit
Reporting Act, 15 U.S.C. §1681 et seq. (“FCRA”), or the equivalent under similar
laws, and Amazon Fraud Detector does not include or provide “consumer reports”
as defined in the FCRA. You may not use Amazon Fraud Detector to determine any
person’s financial status, financial history, creditworthiness, or eligibility
for insurance, housing, or employment.
75.2. You will not, and will not allow any third-party to, use Amazon Fraud
Detector to, directly or indirectly, develop or improve a similar or competing
product or service.
75.3. You agree and instruct that: (a) we may use, and store Your Content that
is processed with Amazon Fraud Detector (“Fraud Detector Content”) to develop
and improve the Service and its underlying technologies; (b) we may use and
store Fraud Detector Content that is not personal data to develop and improve
other AWS fraud prevention services; and (c) solely in connection with the usage
and storage described in clauses (a) and (b), we may store such Content in an
AWS region outside of the AWS region where you are using Amazon Fraud Detector.
By following a process we provide you, you may instruct AWS not to use or store
Your Content processed by Amazon Fraud Detector to develop and improve Amazon
Fraud Detector or other AWS fraud prevention services.
76. AMAZON AUGMENTED AI
76.1. You are responsible for providing legally adequate privacy notices to End
Users of your products or services that use Amazon Augmented AI (including End
Users in your private workforce) and obtaining all necessary consents from such
End Users. You represent to us that you have provided all necessary privacy
notices and obtained all necessary consents.
76.2. When using the Amazon Mechanical Turk workforce of Amazon Augmented AI:
(a) you may not provide data or content that contains protected health
information or other information that is identifiable to a specific person, and
(b) you acknowledge and agree that Your Content provided to the Amazon
Mechanical Turk workforce may be moved outside of the AWS region where you are
using Amazon Augmented AI.
76.3. When using the third party vendor workforce option of Amazon Augmented AI,
you are responsible for ensuring that the vendor meets any compliance
requirements applicable to any personal data or confidential information in your
data or content. You may not share data or content that contains protected
health information with the third party vendor workforce.
77. AMAZON HONEYCODE
77.1. End User Permissions. When you access a Honeycode Team established under
another Amazon Honeycode account, you will be an End User for purposes of
Honeycode.
77.1.1. Honeycode allows you to collaborate with other End Users by inviting
them to a team that you establish under your Honeycode account (“Honeycode
Team”). You may invite and enable End Users to access certain Honeycode features
under your Honeycode Team(s). You may grant these End Users permissions to
create, edit, and share your Honeycode workbooks, apps, automations, and other
Honeycode assets; and permissions to invite additional End Users to do the same.
You are responsible for the conduct of End Users on your Honeycode Team(s),
including the content they create, and for maintaining all End User permissions
for purposes of data security and access. You are responsible for all fees you
and End Users on your Honeycode Team(s) may accrue for using Honeycode or any
affiliated service.
77.1.2. You or End Users you delegate with administrative privileges over
certain Honeycode features (“Honeycode Team Administrators”) may manage access,
use, and permissions within your Honeycode Team. Honeycode Team Administrators
may also control End User access to certain administrative functionality,
including changing, adding, or removing permissions, or changing billable tiers.
77.1.3. Unless you delegate your permissions of your Honeycode Team, you agree
that termination of your Honeycode account or deletion of any of your Content in
Honeycode, whether by you or by us, may also terminate your End Users’ access to
your Content and may delete any associated End User Content.
77.2. Nonuse. If during the previous 3 months you have registered no usage of
your Honeycode account, we may delete, without liability of any kind, your
account and any associated Content, upon 30 days prior notice to you.
77.3. Workbooks for Data Storage. You may only use Honeycode for its intended
purpose as set forth herein and in the technical documentation. Any other use,
including but not limited to, creating and maintaining multiple workbooks for
the primary purpose of storing and accessing data, is not permitted and may
result in us deleting your Content.
78. WAVELENGTH ZONES/LOCAL ZONES
For the Service Level Agreements applicable to any Services or Service workloads
that you run in Wavelength Zones or Local Zones, Service Credits are calculated
as a percentage of the total charges paid by you (excluding one-time payments
such as upfront payments made for Reserved Instances) for the individual Service
that runs in the affected Wavelength Zones or Local Zones, respectively, for the
monthly billing cycle in which the unavailability occurred.
79. AMAZON BRAKET
79.1. If you use Amazon Braket to access quantum computing hardware operated by
one of the third-party hardware providers listed here (each a “Hardware
Provider”), you: (1) acknowledge that the Content you provide in connection with
your use of Amazon Braket may be processed by the Hardware Provider outside of
facilities operated by AWS; and (2) authorize AWS to transfer such Content to
the Hardware Provider for processing.
79.2. We may change, deprecate or discontinue any Service offering that relates
to services offered by any Hardware Provider at any time. We will provide you
with prior notice of any deprecation or discontinuation of such a service
offering where practicable under the circumstances.
80. AMAZON ELASTIC CONTAINER REGISTRY PUBLIC
80.1. Amazon Elastic Container Registry Public (Amazon ECR Public) is a public
registry that allows you to upload and share Content that anyone with or without
an AWS account (“Registry Users”) can download and use. In order for you to
upload and share Content through Amazon ECR Public, you must grant AWS and
Registry Users a license to the Content in accordance with Sections 80.2 and
80.3 below.
80.2. By uploading Content to Amazon ECR Public, you hereby grant AWS and its
Affiliates a worldwide, non-exclusive, fully paid-up, royalty-free license to
store, parse, copy, reproduce (including by making mechanical reproductions),
reformat, transmit, display, and perform the Content in connection with
providing Amazon ECR Public, and, with respect to any Third-Party Content you
upload that is subject to an open source or Third-Party Content license, you
represent and warrant that the terms for such Third-Party Content permit AWS and
its Affiliates to store, parse, copy, reproduce (including by making mechanical
reproductions), reformat, transmit, display, and perform the Content in
connection with providing Amazon ECR Public.
80.3. You may specify the terms under which you license Your Content to Registry
Users. If you do not specify such terms when you upload Your Content, you hereby
grant to any other Registry User a non-exclusive license to access, download,
use, modify or otherwise exploit Your Content for any personal or business
purposes. If you upload and share any Third-Party Content to Amazon ECR Public,
you are responsible for ensuring that you have the rights and licenses necessary
to do so.
81. INDUSTRIAL AI SERVICES
81.1. “Industrial AI Services” means, collectively, Amazon Lookout for Vision,
Amazon Lookout for Equipment, Amazon Monitron, and AWS Panorama. “Industrial AI
Content” means Your Content that is processed by an Industrial AI Service.
81.2. Industrial AI Services use machine learning models that generate
predictions based on patterns in data. Output generated by a machine learning
model is probabilistic and should be evaluated for accuracy as appropriate for
your use case, including by employing human review of such output. Output
provided by Amazon Lookout for Equipment and Amazon Monitron should not be used
as a substitute for regular, scheduled maintenance on machinery and equipment.
You and your End Users are responsible for all decisions made, advice given,
actions taken, and failures to take action based on your use of Industrial AI
Services.
81.3. You agree and instruct that for Amazon Lookout for Vision, Amazon Lookout
for Equipment and Amazon Monitron: (a) we may use and store Industrial AI
Content that is processed by each of the foregoing Industrial AI Services to
develop and improve the applicable Industrial AI Service and its underlying
technologies; (b) we may use and store Industrial AI Content that is not
personal data to develop and improve AWS and affiliate machine-learning and
artificial-intelligence technologies; and (c) solely in connection with the
development and improvement described in clauses (a) and (b), we may store such
Industrial AI Content in an AWS region outside of the AWS region where you are
using such Industrial AI Service. You may instruct AWS not to use and store
Industrial AI Content processed by an Industrial AI Service to develop and
improve that Service or technologies of AWS or its affiliates by (i) for Amazon
Monitron, contacting AWS Support and following the process provided to you, and
(ii) for Amazon Lookout for Vision and Amazon Lookout for Equipment, by
configuring an AI services opt-out policy using AWS Organizations.
81.4. You are responsible for providing legally adequate privacy notices to End
Users of your products or services that use any Industrial AI Service and
obtaining any necessary consent from such End Users for the processing of
Industrial AI Content and the storage, use, and transfer of Industrial AI
Content as described under this Section.
81.5. You will not, and will not allow any third-party to, use Industrial AI
Services to, directly or indirectly, develop or improve a similar or competing
product or service. The foregoing does not apply to AWS Panorama to the extent
you are developing hardware appliances that integrate with AWS Panorama, to
Amazon Lookout for Equipment, or to Amazon Monitron.
81.6. Industrial 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 bodily 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.
81.7. 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 Industrial AI
Services with the AWS Mobile SDKs.
82. AMAZON LOCATION SERVICE
82.1. When you use a feature of Amazon Location Service that is identified to
you as being provided by a third-party geolocation service provider listed here
(each such feature, including Maps, Places, and Routing, a “Geolocation Provider
Feature,” and each such provider, a "Geolocation Provider”), you authorize AWS
to transmit your request parameters (e.g., location searches) to the Geolocation
Provider for processing which may be outside of the AWS region in which your
request was made. However, any Open Data requests will be processed by AWS in
the AWS region in which your request was made.
82.2. AWS may change, deprecate, or discontinue any Geolocation Provider or
Geolocation Provider Feature at any time upon notice to you. We will provide you
with prior notice of any deprecation or discontinuation of a Geolocation
Provider or Geolocation Provider Feature where practicable under the
circumstances.
82.3. For Geolocation Providers other than Open Data, you may not:
a. Scrape, systematically collect, or duplicate the data provided to you from
Amazon Location Service (e.g., map tiles, forward and reverse geocodes, routes,
drive times/isochrones, and other data) (collectively, “Location Data”),
including for the purpose of avoiding use of Amazon Location Service.
b. Use Location Data to create or offer a product or service with features that
are similar to the services of the Geolocation Providers, where such product or
service does not contain substantial, independent value and features beyond the
services of the Geolocation Providers.
c. Incorporate Amazon Location Service, including any Location Data, into any
integrated in-vehicle infotainment system, any systems for autonomous control of
the vehicle, or any real-time dynamic routing or route optimization applications
installed on in-vehicle hardware. In-vehicle mobile device applications,
including ones mirroring onto a vehicle’s onboard display system, are permitted.
d. Use, incorporate, modify, distribute, provide access to, or combine any
Location Data in a manner that would subject the Location Data to open-source or
open-database license terms that require any part of the Location Data to be
disclosed to third parties, licensed to third parties for the purpose of making
derivative works, or redistributed to third parties at no charge.
e. Store or cache Location Data, except (i) for geocoding and reverse-geocoding
results (other than as prohibited in Section 82.4.a) when you indicate the
result will be stored in the API parameter or (ii) to comply with legal,
regulatory, or reasonable internal record-keeping requirements.
f. Use Location Data to develop paper maps or an atlas (digital or otherwise)
for purposes of sale or distribution to others.
g. Place your company name or marks, or any third-party advertisements, on or in
the Location Data (e.g., on a map display).
82.4. In addition to the restrictions in Section 82.3, if you use HERE as your
Geolocation Provider, you may not:
a. Store or cache any Location Data for Japan, including any geocoding or
reverse-geocoding results.
b. Layer routes from HERE on top of a map from another third-party provider, or
layer routes from another third-party provider on top of maps from HERE.
82.5. In addition to the restrictions in Section 82.3, if you use Esri as your
Geolocation Provider, you may not, without our express written consent, use any
of its Geolocation Provider Features for asset management or asset tracking use
cases (i.e., to locate, track, or route any vehicles, cargo, personnel, or other
assets that you use in your business).
82.6. You may not use Amazon Location Service for any hazardous, unsafe, or
illegal activities, including any use in, or association with, any hazardous
environments or critical systems that may lead to serious bodily injury or death
or cause environmental or property damage. You are solely responsible for all
liability that may arise in connection with any such use.
82.7. If we reasonably determine you are using Amazon Location Service in a
manner intended to avoid incurring appropriate usage fees, we may suspend or
terminate your access to, or limit your use of, Amazon Location Service
immediately upon notice to you.
82.8. Open Data uses OpenStreetMap data. OpenStreetMap is licensed under the
Open Data Commons Open Database License (ODbL) by the OpenStreetMap Foundation.
You agree to comply with the ODbL and acknowledge the attribution and
share-alike provisions therein.
82.9. Attribution for Location Data can be found here. You must pass through
attribution for Location Data that you make available to others via your
application or its product documentation. If any Location Data has attribution
details attached or incorporated, you may not remove, modify, or obscure (or
permit any End Users to remove, modify, or obscure) any copyright, trademark
notice, restrictive legend, or other proprietary right notices supplied to you.
83. AWS MANAGED SERVICES
83.1. If you request that AWS Managed Services be provided for any software or
service that is not expressly identified as supported in the AWS Managed
Services user guides posted on the AWS Site (“Customer-Requested
Configuration”), any AWS Managed Services provided for such Customer-Requested
Configuration will be treated as a “Beta Service” under these Service Terms.
83.2. You represent and warrant to AWS that the person requesting any of your
AWS accounts to be an AWS Managed Services Account (as defined in the AWS
Managed Services user guides posted on the AWS Site) is authorized to make such
requests and procure AWS Managed Services on your behalf and with respect to
such AWS accounts.
83.3. AWS and its affiliates will not be liable to you for any damages arising
from (a) AWS’s actions taken pursuant to any instructions or requests that you
provide or approve, (b) you not following an instruction or recommendation from
AWS, (c) your delay or withholding of approval for AWS to take a requested
action, or (d) any change by you to your Managed Environment (as defined in the
AWS Managed Services user guides posted on the AWS Site).
84. AMAZON FINSPACE
Amazon FinSpace is a tool to help you analyze data for investment and business
decisions. It is not a substitute for the judgment and experience of the user
when making investment and business decisions. Amazon FinSpace does not provide
investment advice, make investment recommendations or evaluate the suitability
of any investment or investment strategy.
85. AMAZON ELASTIC KUBERNETES SERVICE ANYWHERE (AMAZON EKS ANYWHERE) SUPPORT.
85.1. You must purchase AWS Enterprise Support in order to subscribe to Amazon
EKS Anywhere Support. Payments for subscriptions to Amazon EKS Anywhere Support
are not refundable.
85.2. Each Amazon EKS Anywhere Support Subscription may only be applied to one
Amazon EKS Anywhere cluster.
85.3. We may request that you implement specific updates and provide us with
Account Information, logs or other usage information so that we can provide you
Amazon EKS Anywhere Support and verify your Support Subscription. If you request
support for Isovalent’s software, such as Cilium, we may share your Account
Information, logs or other usage information with Isovalent to provide technical
support.
86. AWS DEEPRACER STUDENT
86.1. You acknowledge that we may store your Content that is processed by AWS
DeepRacer Student in AWS regions outside the AWS region where you are using AWS
DeepRacer Student.
86.2. If you participate in AWS DeepRacer Student competitions or related
activities (including preseason exhibitions), AWS may publicly share your
username, avatar, and performance results, such as via leaderboards, blog posts,
and social media.
86.3. AWS DeepRacer Student is provided for training and educational purposes
and is not intended for production workloads. AWS may modify your ability to
access or use AWS DeepRacer Student at any time, including any usage or resource
limits. Access to AWS DeepRacer Student features and compute resources,
including CPUs and GPUs, are not guaranteed.
86.4. If during the previous 12 months you have registered no usage of your AWS
DeepRacer Student account, we may delete your AWS DeepRacer Student account and
any associated Content upon 30 days prior notice to you. Deleting your AWS
DeepRacer Student account permanently and automatically deletes the information
associated with your account and any associated Content.
86.5. For purposes of your use of AWS DeepRacer Student, Amazon Web Services,
Inc. is the AWS Contracting Party under the Agreement.
86.6. You must be a student in high school or a higher education institution,
and at least 16 years old, to use AWS DeepRacer Student. If you are under 18
years of age, or the age of majority in your location, you may use AWS DeepRacer
Student only with involvement of a parent or guardian who agrees to be bound by
these Service Terms.
87. AMAZON GUARDDUTY
87.1. “Malware Content” is Your Content that the Amazon GuardDuty Malware
Protection feature processes and identifies as being malicious or harmful.
87.2. You agree and instruct that: (a) we may use and store Malware Content to
develop and improve Amazon GuardDuty and its underlying technologies; (b) we may
use and store Malware Content that is not personal data to develop and improve
other AWS security services; and (c) solely in connection with the development
and improvement described in clauses (a) and (b), we may store such Malware
Content in an AWS region outside the AWS region where you are using the Amazon
GuardDuty Malware Protection feature. You may instruct AWS not to use and store
Malware Content to develop and improve Amazon GuardDuty or other AWS security
services by configuring an AI services opt out policy using AWS Organizations.
87.3. “Runtime Monitoring Content” means Your Content that is processed by the
Amazon GuardDuty EKS Runtime Monitoring feature.
87.4. You agree and instruct that: (a) we may use and store Runtime Monitoring
Content to develop and improve Amazon GuardDuty and its underlying technologies;
and (b) we may use and store Runtime Monitoring Content that is not personal
data to develop and improve other AWS security services. You may instruct AWS
not to use and store Runtime Monitoring Content to develop and improve Amazon
GuardDuty or other AWS security services by configuring an AI services opt out
policy using AWS Organizations.
88. AWS WICKR
88.1. End Users.
88.1.1. You may enable End Users to use AWS Wickr under your account.
Termination of your account’s use of AWS Wickr may also suspend or terminate
such End Users’ features or access associated with your account or organization.
88.1.2. AWS Wickr End Users can be managed by End Users with administrative
privileges (“AWS Wickr Administrators”). AWS Wickr Administrators can (a)
upgrade or downgrade End Users’ AWS Wickr feature set; (b) suspend End User’s
access to AWS Wickr; and (c) access information about their End Users’ use of
AWS Wickr.
89. AWS PRIVATE 5G
89.1. AWS Private 5G Equipment. AWS will make equipment available to you to
support your use of the AWS Private 5G Service (the “Private 5G Equipment”).
AWS, or its affiliates, maintain all rights in the Private 5G Equipment and is
not selling, renting, leasing, or transferring any ownership, intellectual or
other rights in the Private 5G Equipment to you. You will not, and will not
purport to, assign, grant, or transfer the Private 5G Equipment or any interest
in the Private 5G Equipment to any individual or entity, and any such purported
assignment, grant or transfer is void.
89.2. Facility Assessment. You will ensure that, at all times, the facility at
which the Private 5G Equipment is located (the “Designated Facility”) meets the
minimum requirements necessary to support the installation, maintenance, use,
and removal of the Private 5G Equipment as described here and otherwise as
described in the AWS Private 5G technical documentation or provided to you
during the ordering process. When moving the Private 5G Equipment from the
Designated Facility to a new Designated Facility, you must notify AWS of the new
Designated Facility’s Address.
89.3. Delivery. You will ensure that you have all necessary rights,
certifications, and licenses for the delivery, installation, maintenance, use,
and removal of the Private 5G Equipment at the Designated Facility.
89.4. Use. You are responsible for the installation, use, and removal of the AWS
Private 5G Equipment at the Designated Facility and returning the Private 5G
Equipment to AWS as described in the AWS Private 5G technical documentation or
provided to you during the ordering process. Except as provided for in the
technical documentation, you will ensure that no one accesses or repairs the
Private 5G Equipment. In addition to other rights and remedies AWS may have
under the Agreement, AWS may charge a lost device fee if the Private 5G
Equipment is lost or damaged between when it is first in your possession and
when the carrier accepts the Private 5G Equipment for delivery back to AWS. AWS
may terminate your use of AWS Private 5G and remove the Private 5G Equipment if
you breach these terms or materially breach the terms of the Agreement with
respect to AWS Private 5G. In the event that we terminate your use of AWS
Private 5G and remove the Private 5G Equipment in accordance with this Section
89.4, we will provide you with prior notice where practicable under the
circumstances.
89.5. Business Support. You will remain enrolled in AWS Support at the Business
level during the entire period of your use of AWS Private 5G.
89.6. Security. As the Private 5G Equipment is physically located at the
Designated Facility, you are responsible for physical security and access
controls, as well as all power, networking, and environmental conditions at your
Designated Facility. Consequently, any AWS commitments in the Agreement that
depend on AWS’s operation of such physical security and access controls, or
power, networking, and environmental conditions, do not apply to AWS Private
5G.
90. AWS SIMSPACE
90.1. We may change, discontinue, or deprecate support for any third-party
integrations or samples at any time. We will provide you with prior notice of
any deprecation or discontinuation of support for a third-party integration or
sample where practicable under the circumstances.
90.2. AWS SimSpace Weaver is designed to help customers build simulations. This
may include simulation of real-world locations, scenarios, and assets, based on
the simulation code and data you provide. Data generated by AWS SimSpace Weaver
should be evaluated for accuracy as appropriate for your use case. You and your
End Users are solely responsible for all decisions made, advice given, actions
taken, and failures to act based on your use of AWS SimSpace Weaver.
91. AWS BUILDER ID
91.1. If during the previous 12 months you have registered no usage of your AWS
Builder ID, we may delete your AWS Builder ID upon 30 days’ prior notice.
91.2. Upon deletion of your AWS Builder ID, you will no longer have access to
Your Content through your AWS Builder ID, and such content will be deleted.
91.3. For purposes of your use of AWS Builder ID, Amazon Web Services, Inc. is
the AWS Contracting Party under the Agreement.
92. AWS CLEAN ROOMS
You may not use AWS Clean Rooms or any information obtained from your use of AWS
Clean Rooms to identify a person or associate such information with an
identifiable person, unless otherwise permitted by the applicable third party
contributor of the data.
93. AMAZON CODECATALYST (PREVIEW)
93.1. When you access an Amazon CodeCatalyst Space established under another
CodeCatalyst account (“Third-Party Space”), you are an End User of that
CodeCatalyst account. This means, for example, that your activities within the
Third-Party Space may incur fees for which that Third-Party Space owner is
responsible. Additionally, Content you contribute to a Third-Party Space or
Project within that Space (“Contributed Content”) as an End User is not
considered Your Content for the purposes of rights and obligations under the
terms of this Agreement. Subject to the non-exclusive license granted by Section
93.2, this does not modify any rights you may hold in your Contributed Content.
93.2. Contributed Content, including issues, comments, and contributions to a
Third-Party Space, may be viewed by others who have access to that Third-Party
Space. Unless you enter into a license with other parties who have access to the
Third-Party Space specifying different terms, you grant each party who has
access to the Third-Party Space a nonexclusive, worldwide, irrevocable license
to use, reproduce, prepare derivatives, distribute, perform, and display
Contributed Content. You represent and warrant that you have all rights
necessary to grant this license.
93.3. When you invite another CodeCatalyst account owner to collaborate in your
Space, they become an End User of your CodeCatalyst account and their
Contributed Content is considered Your Content under the terms of the Agreement.
You are responsible for the conduct of End Users that you invite to collaborate,
including their Contributed Content, and for maintaining all End User
permissions for purposes of data security and access. You are responsible for
all fees you and End Users may accrue for using CodeCatalyst or any affiliated
Service in connection with your Space.
93.4. Unless you delegate administrative permissions over your CodeCatalyst
Space to another CodeCatalyst account owner, you agree that termination of your
CodeCatalyst account or deletion of any of Your Content or Contributed Content
in your Space, whether by you or by us, may also terminate your End Users’
access to Your Content and Contributed Content in your Space. In order to access
billable services within or in connection with your CodeCatalyst account, you
must link an AWS account. If you delete your CodeCatalyst account but have
delegated administrative permissions to another CodeCatalyst account owner, your
AWS account will continue to be billed for the billable services unless you also
un-link your AWS account.
93.5. When an End User you have invited to collaborate in your CodeCatalyst
Space deletes their CodeCatalyst account, their Contributed Content will not be
deleted from your Space. However, identifications of that End User, including
those associated with issues, comments, and Contributed Content, may be deleted.
94. INTEGRATED PRIVATE WIRELESS ON AWS
94.1. AWS may stop providing the Integrated Private Wireless on AWS portal (or
remove any offerings on the Integrated Private Wireless on AWS site (or any
successor site)) at any time. We will provide you with prior notice where
practicable under the circumstances.
94.2. The offerings on the Integrated Private Wireless on AWS site (or any
successor site) are offered by third parties and subject to separate terms and
conditions specified by the respective third party. AWS has no control and makes
no guarantees about such offerings.
95. AWS DIODE
95.1. AWS Diode allows You to map Your account to another Diode account (“Mapped
Account”), enabling Your Content to be moved and stored by the Mapped Account to
an AWS region of a different classification level. You acknowledge and agree
that using the Service may result in Your Content being moved and stored in AWS
regions other than the AWS regions where You initially stored Your Content.
95.2. You are responsible for all data transferred through AWS Diode, including,
but not limited to: (i) compliance with all laws, regulations, and policies
related to the control, disclosure, and transfer of classified information; and
(ii) transferring data only to AWS regions of appropriate classification levels.
Your failure to do so may result in Amazon incurring sanitization costs for
which You will be responsible, and which will be exempt from any limitations of
liability in any of your agreements with AWS.
96. AWS NITRO SYSTEM
AWS personnel do not have access to Your Content on AWS Nitro System EC2
instances. There are no technical means or APIs available to AWS personnel to
read, copy, extract, modify, or otherwise access Your Content on an AWS Nitro
System EC2 instance or encrypted-EBS volume attached to an AWS Nitro System EC2
instance. Access to AWS Nitro System EC2 instance APIs – which enable AWS
personnel to operate the system without access to Your Content - is always
logged, and always requires authentication and authorization.
97. AMAZON SECURITY LAKE
97.1. "Security Lake Content" is Your Content that (a) Amazon Security Lake
processes or (b) is stored in Amazon Security Lake.
97.2. You agree and instruct that: (a) we may use and store your Security Lake
Content to develop and improve Amazon Security Lake and its underlying
technologies; and (b) we may use and store Security Lake Content that is not
personal data to develop and improve other AWS security services. You may
instruct AWS not to use and store Security Lake Content to develop and improve
Amazon Security Lake or other AWS security services by configuring an AI
services opt out policy using AWS Organizations.
98. AMAZON MANAGED BLOCKCHAIN
You are solely responsible for evaluating the information made available through
the Amazon Managed Blockchain Query Service for accuracy as appropriate for your
use case.
99. AMAZON DATAZONE
99.1. DataZone generates probable forecasts, insights or recommendations from
Your Content, and its outputs should be evaluated for accuracy as appropriate
for your use case, including by employing human review of such output. You and
your End Users are responsible for all decisions made, advice given, actions
taken, and failures to take action.
99.2. Amazon DataZone Machine Learning Services. “Amazon DataZone ML Services”
means DataZone Automatic Business Name Generation. “Amazon DataZone ML Content”
means Your Content that is processed by an Amazon DataZone ML Service. The
following terms apply to your use of Amazon DataZone ML Services:
a. You agree and instruct that: (i) we may use and store Amazon DataZone ML
Content to develop and improve Amazon DataZone ML Services and their underlying
technologies; (ii) we may use and store Amazon DataZone ML Content that is not
personal data to develop and improve AWS and affiliate machine-learning and
artificial intelligence technologies; and (iii) solely in connection with the
development and improvement described in clauses (i) and (ii), we may store your
Amazon DataZone ML Content in AWS regions outside the AWS regions where you are
using Amazon DataZone ML Services. You may instruct AWS not to use and store
Amazon DataZone ML Content processed by Amazon DataZone to develop and improve
that Service or technologies of AWS or its affiliates by configuring an AI
services opt out policy using AWS Organizations.
b. You are responsible for providing legally adequate privacy notices to End
Users of your products or services that use Amazon DataZone ML Services and
obtaining any necessary consent from such End Users for the processing of Amazon
DataZone ML Content and the storage, use, and transfer of Amazon DataZone ML
Content as described under this Section. You represent to us that you have
provided all necessary privacy notices and obtained all necessary consents. You
are responsible for notifying us in the event that any Amazon DataZone ML
Content stored by Amazon DataZone ML Services must be deleted under applicable
law.
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