This AWS IoT Devices Program Terms of Use (“Agreement”) governs your use of the AWS IoT Button and software, products, and services made available in connection with the AWS IoT Devices Program (the “AWS IoT Devices Program”). This Agreement is between Amazon Web Services Inc. (an “Amazon Party,” and together with its affiliates, “AWS,” “we,” “our,” or “us”) and you (if registering as an individual) or the entity you represent (if registering as a business) (“you”). Any other AWS affiliate that we designate is also an Amazon Party.
BY REGISTERING OR OTHERWISE USING THE AWS IOT BUTTON OR ANY OF THE PRODUCTS, SERVICES, OR MATERIALS OF THE AWS IOT DEVICES PROGRAM, YOU (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, IF REGISTERING AS A BUSINESS) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Contents:
- AWS IoT Devices Program General Terms & Conditions
- AWS IoT Button Program Requirements
- AWS IoT Greengrass Program Requirements
- AWS IoT Button Developer App - Additional Terms
AWS IoT Devices Program General Terms & Conditions
1. Structure of Agreement
This Agreement includes the terms set forth herein, the AWS IoT Button Program Requirements, the AWS Greengrass Program Requirements, the AWS IoT Button Developer App Additional Terms, and all terms, rules, requirements, guidelines, and other documents and materials pertaining to the AWS IoT Devices Program provided or made available to you, including on our website (“IoT Device Portal”). Please carefully read this Agreement and if you do not accept these terms then you may not participate in the AWS IoT Devices Program.
2. Description of the AWS IoT Devices Program
The purpose of the AWS IoT Devices Program is to enable you to, in accordance with this Agreement, (a) configure and use AWS IoT Buttons and (b) enable your applications, services and products (collectively, “Your Products”) solely to access the AWS Services (defined below) as authorized under the AWS Agreement (defined below). In connection with the AWS IoT Devices Program, we may make available to you images, audio, logos, specifications, code, documents, data, software, software development kits, libraries, application programming interfaces, applications, services and other information, technology, and related materials (“AWS IoT Device Materials”). Some AWS IoT Device Materials may be provided by a third party (“Third Party Materials”). Your use of any Third Party Materials is subject to this Agreement and any third party terms applicable to such Third Party Materials. Use of the AWS IoT Button or AWS IoT Device Materials may not be available in certain jurisdictions. Some AWS IoT Materials may not be available for use with Your Products.
3. AWS Services.
Your use of the AWS IoT Button and certain AWS IoT Device Materials may require access to AWS Services (defined below), in which case You will be required to register for and use an AWS Account (defined below) and your use of the AWS Services will be governed by the AWS Customer Agreement available at http://aws.amazon.com/agreement, unless you and AWS have entered into another agreement governing your use of the AWS Services (in either case, the “AWS Agreement”). “AWS Services” means the AWS services as defined at https://aws.amazon.com/service-terms/ which may be updated from time to time. “AWS Account” means a unique AWS account provided solely to you for purposes of using the AWS Services.
4. Program Requirements
Please review the AWS IoT Button Program Requirements and AWS Greengrass Program Requirements and ensure your use of the AWS IoT Device Materials, AWS IoT Button, and Your Product complies with those requirements. You will be solely responsible for, and bear all risk and liability for your use of the AWS IoT Device Materials, AWS IoT Button, and Your Products, including but not limited to the technical operation of your AWS IoT Buttons and Your Products. You will not produce or use any packaging, marketing or other materials that identifies or suggests AWS is the manufacturer or developer of Your Product and you must ensure that you are identified as the manufacturer or developer of Your Products. You will provide us with access to systems, hardware, software and any information related to Your Products that we reasonably request to verify your compliance with this Agreement.
5. Indemnification
You will defend, indemnify, and hold harmless AWS, our licensors, and our and their respective employees, officers, directors, contractors and assigns against all claims, damages, losses, liabilities, and expenses arising out of or relating to any claim concerning your use of AWS IoT Buttons and AWS IoT Device Materials and your participation in the AWS IoT Devices Program, your breach of any provision of this Agreement, or Your Products (individually, a “Claim” and collectively, the “Claims”). You will not consent to the entry of any judgment or settle any Claims without our prior written consent. You will use counsel reasonably satisfactory to us to defend any Claims. If we reasonably determine that a Claim might adversely affect us, we may take control of the defense at our expense (and without limiting your indemnification obligations). Your obligations under this Section are independent of your other obligations under this Agreement. You will not assert, authorize, encourage or participate in any patent infringement claim against AWS with respect to the AWS IoT Devices Program, AWS IoT Button, or AWS IoT Device Materials.
6. Your Use of Personal Information
You will: (i) provide clearly labeled, easily accessible and legally adequate privacy notices to end users, (ii) obtain any necessary consent from end users for the collection, use, transfer, and storage of any personal information you collect from end users, including without limitation audio recordings, names, e-mail addresses and other personally identifiable information of end users (collectively, “Personal Information”), (iii) use and authorize others to access and use Personal Information only for the purposes permitted by the end user, and (iv) ensure Personal Information is collected, used, transferred, and stored in accordance with applicable privacy notice(s) and applicable laws. You will not use any Personal Information in any way inconsistent with your privacy notice or applicable law. You may disclose Personal Information to a third party only if you ensure that every recipient uses the information only for the purposes for which it was disclosed and complies with the restrictions applicable to you related to that information (including without limitation under this Agreement and your privacy policy). You are liable to us for any misuse or breach of such restrictions by such recipient.
7. Representations
You represent and warrant to us that: (a) you are lawfully able to enter into contracts, on behalf of yourself or the entity you represent, in the jurisdictions where you use the AWS IoT Button and AWS IoT Device Materials; (b) you will comply with all laws, rules and regulations that apply to Your Products, your use of the AWS IoT Button, and your performance of your obligations and exercise of your rights under this Agreement; and (c) nothing submitted to us in connection with your participation in the AWS IoT Devices Program is false or misleading.
8. Confidentiality and Publicity
During the course of your participation in the AWS IoT Devices Program or use of the AWS IoT Button, and AWS IoT Device Materials, you may receive information relating to us, the AWS IoT Devices Program that is not known to the general public (“Confidential Information”). You agree that: (a) all Confidential Information will remain our exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your use of the AWS IoT Button or AWS IoT Device Materials in accordance with the terms of this Agreement; (c) you will not disclose Confidential Information to any individual, company, or other third party; and (d) you will take all reasonable measures to protect Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You may not issue any press release or make any public statement related to the AWS IoT Devices Program, AWS IoT Button, or AWS IoT Device Materials (including performance of the AWS IoT Button or AWS IoT Device Materials or results of any benchmark comparisons to other products or services), or use our name, trademarks or logos in any way (including in promotional material) without our prior written consent, or misrepresent or embellish the relationship between us in any way.
9. Limited Licenses
Subject to your compliance with the terms of this Agreement and solely in connection with your participation in the AWS IoT Devices Program and use of the AWS IoT Device Materials, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to: (a) copy and use the AWS IoT Device Materials solely as necessary for you to access the AWS Services and to enable access to the AWS Services in connection with Your Products, in each case in the manner permitted by this Agreement and the AWS Agreement; and (b) use only those of our trademarks and logos that we give you permission to use (those AWS trademarks and logos, collectively, the “AWS Marks”) in accordance with the Trademark Guidelines available at https://aws.amazon.com/trademark-guidelines/, which may be updated from time to time at our discretion. We may also make AWS IoT Device Materials available under a separate license, in which case the terms of that license will govern your use of those AWS IoT Device Materials in the event of any conflict between the terms of that license and the terms of this section.
We may use and you hereby give us the right to use your name, logo, screenshots, images and video of Your Product in our marketing materials to identify you as a participant in the AWS IoT Devices Program.
10. License Restrictions
You may not do, nor authorize any other party to do, the following to or with the AWS IoT Button or the AWS IoT Device Materials: (a) reverse engineer, decompile, or disassemble them; (b) modify or create derivative works based upon them in whole or in part; (c) distribute copies of them unless otherwise permitted by us; (d) remove any proprietary notices or labels on them; (e) use them with any software, data or content that is licensed under terms that would require that the AWS IoT Button or any AWS IoT Device Materials be disclosed, licensed, distributed, or otherwise made available to anyone; or (f) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to them;. In addition to any other rights or remedies that we may have, any use in violation of this section will immediately terminate your right to use the AWS IoT Button and the AWS IoT Device Materials.
You may use the AWS IoT Button and AWS IoT Device Materials only in the United States. We may restrict access and use of the AWS IoT Button and AWS IoT Device Materials from other locations.
11. Reservation of Rights; Suggestions
Other than the limited licenses expressly set forth in Section 9, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to the AWS IoT Devices Program, IoT Portal, and AWS IoT Device Materials (collectively the “Service Offerings”). If you provide suggestions, ideas, or other feedback to us about the Service Offerings and AWS IoT Buttons, we will be free to exercise all rights in such feedback without restriction and without compensating you. Any and all data submitted to the AWS IoT Devices Program in connection with your development, testing and use of AWS IoT Buttons and Your Products may be used by AWS for product development and other internal operations.
12. Modifications; Term and Termination
We may amend any of the terms and conditions contained in this Agreement at any time and in our sole discretion. Any changes will be effective upon the posting of such changes on the IoT Portal, and you are responsible for reviewing these locations and informing yourself of all applicable changes or notices. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AWS IOT DEVICES PROGRAM AND/OR CONTINUED USE OF THE AWS IOT BUTTON OR AWS IOT DEVICE MATERIALS FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE. The term of this Agreement will begin upon the earlier of your activation of any AWS IoT Button or access to or use of AWS IoT Device Materials and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections 3, 5, 6, 7, 8, 10, 11, 12, 14, 15, 16, 17, and 18 and any other provision that, by its nature, is intended to survive, will survive the termination of this Agreement. Unless we otherwise agree, upon any termination of this Agreement, you must discontinue all use of the AWS IoT Device Materials and delete or destroy copies of the AWS IoT Device Materials in your possession and remove or disable all access to the AWS Services from your AWS IoT Buttons or Your Products.
13. Changes to the AWS IoT Devices Program
We reserve the right to determine and control all aspects (including all functionality) of the Service Offerings that we make available to you. We may change, improve, correct, or discontinue the AWS IoT Devices Program or suspend or terminate your access to or use of the AWS IoT Device Materials at any time for any reason.
14. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You will not make any statement, whether in Your Products or otherwise, that contradicts or may contradict anything in this section. You will not disparage us or any of our respective products or services. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.
15. Disclaimers and Limitation of Liability
THE AWS IOT BUTTON AND Certain AWS IoT DEVICE MATERIALS contain functionality that allows them to accept AWS IoT certificates issued by an IOT device, including Your PRODUCTS (hereinafter referred to as “IOT CERTIFICATES”). YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON AWS IOT CERTIFICATES, THE AWS IOT BUTTONs, AND THE SERVICE OFFERINGS, YOUR USE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT REMAINS WITH YOU. THE AWS IOT BUTTONS, SERVICE OFFERINGS, AND IOT CERTIFICATES ARE PROVIDED ON AN “AS IS” BASIS.
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AWS DISCLAIMS, WITH RESPECT TO ALL THE SERVICE OFFERINGS, AWS IOT BUTTONS, AND IOT CERTIFICATES, ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AWS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OFFERINGS, THE AWS IOT BUTTON, OR THE IOT CERTIFICATES, THAT THEir OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ANY ERRORS WILL BE CORRECTED, THAT THEY WILL BE COMPATIBLE WITH FUTURE AWS PRODUCTS, SERVICES OR SOFTWARE, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH them WILL NOT BE LOST, CORRUPTED OR DAMAGED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THE AWS IOT BUTTONS, THE SERVICE OFFERINGS, OR THE IOT CERTIFICATES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
FURTHER, OUR (AND OUR LICENSORS’) AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT, THE AWS IOT BUTTONS, THE SERVICE OFFERINGS, AND THE IOT CERTIFICATES WILL NOT EXCEED FIFTY DOLLARS ($50).
16. Disputes
THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS OR THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. YOU HEREBY IRREVOCABLY CONSENT TO AND WAIVE ANY OBJECTION TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS LOCATED AT KING COUNTY, WASHINGTON WITH RESPECT TO ANY CLAIMS, SUITS OR PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. HOWEVER, WE MAY SEEK INJUNCTIVE (OR SIMILAR) REMEDIES IN ANY JURISDICTION.
17. Miscellaneous
If any provision of this Agreement is held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. You are responsible for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto), if any, that are imposed upon or with respect to your use of the Service Offerings, the AWS IoT Button, and/or participation in the AWS IoT Devices Program as agreed to under this Agreement. Each AWS Party is severally liable for its own obligations under this Agreement and is not jointly liable for the obligations of other AWS Parties. You may not assign this Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter, and does not give any third party (except where specified) any rights or remedies hereunder.
18. Notices
Any notice or other communication to be given hereunder will be in writing and given (i) by us via e-mail, via a posting in the IoT Devices Portal, or via a message through your AWS Account, or (ii) by you via e-mail to contracts-legal@amazon.com, or to such other e-mail or physical addresses as we may specify from time to time. The date of receipt will, in the case of e-mail, be deemed the date on which such notice is transmitted.
AWS IoT Button Program Requirements
Your use of the AWS IoT Button must abide by the requirements set forth below. These requirements are part of this Agreement.
1. General Requirements
AWS IoT Buttons you configure must not:
(a) promote or contain pornography or sexually explicit, obscene, violent, harassing, discriminatory, libelous or defamatory materials;
(b) promote hatred or discrimination or any activity or content that in our judgment is inappropriate or offensive, or employ discriminatory practices based on race, gender, religion, nationality, disability, sexual orientation, age or any other protected class;
(c) promote, facilitate or undertake illegal or potentially illegal activities;
(d) violate or infringe or promote the violation or infringement of any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights);
(e) operate as a gambling business (including without limitation online gambling (e.g., poker), lotteries (e.g., sale of lottery tickets), raffles, sports forecasting, and odds-making);
(f) be used in or in association with the operation of any hazardous environments or systems, including any aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; or military or aerospace applications, weapons systems or environments.
2. Additional Requirements
You agree that in connection with your use of the AWS IoT Device Materials or your use of the AWS IoT Button:
(a) we may restrict use of the AWS Device Materials and AWS IoT Buttons, or limit the number of AWS IoT Buttons that may access the AWS Services, and if you exceed certain thresholds of usage that we may identify from time to time, you may be subject to additional terms in order to continue your use of the AWS Services;
(b) you will display or otherwise provide to end users, and not otherwise remove, modify or obscure, any attributions, copyright information and other notices, terms and conditions that we may provide to you or that you may be required to provide to end users including based on your use of third party “open source” software or other third party intellectual property in any of your AWS IoT Buttons;
(c) you will not combine any AWS IoT Device Materials with any software or other materials that are subject to licenses or restrictions (e.g., open source software licenses) that, when combined with the AWS IoT Device Materials, would require us to disclose, license, distribute or otherwise make all or any part of such AWS IoT Device Materials available to anyone;
(d) you will not remove, disable, circumvent or interfere with any of the features or domains we make available through the AWS IoT Device Materials or on the AWS IoT Button;
(e) you will not facilitate or provide access to the AWS Services through any means other than through the authentication methods we specify, and you will not disable, circumvent or avoid any security device, mechanism or protocol of the AWS Services;
(f) you will promptly (and in any event within any timeframes we expressly specify) update your AWS IoT Buttons with any updates we require to any AWS IoT Device Materials incorporated into your AWS IoT Buttons and you will enable and not prevent or interfere with any over-the-air updates we require to such AWS IoT Device Materials;
(g) you will be solely responsible for determining and complying with any applicable legal, regulatory or policy restrictions or requirements related to your use of the AWS IoT Buttons or the design, manufacturing, marketing, offer for sale, sale, distribution, use, and operation thereof, including without limitation U.S. export control and trade laws, requirements of the U.S. Federal Trade Commission and requirements of the U.S. Federal Communications Commission;
(h) you will not (1) misrepresent your identity or the origin of your AWS IoT Button, (2) mask your usage in connection with your use of the AWS IoT Device Materials or AWS Services, or (3) provide your developer credentials to any third party;
(i) you may not use the AWS IoT Device Materials or AWS IoT Buttons for any activity where the use or failure of the AWS IoT Device Materials or AWS IoT Buttons could lead to death, injury, or property damage;
(j) you must implement all reasonable security measures to ensure that no third party may gain unauthorized access to the AWS Services, AWS IoT Button, or AWS IoT Device Materials; and
(k) you will comply with, and your AWS IoT Buttons will conform to, these AWS IoT Button Program Requirements, as updated from time to time in our discretion.
3. AWS IoT Button Safety and Compliance Requirements
The following instructions and safety information apply to your use of the AWS IoT Button, as applicable. Use Responsibly. Read all instructions and safety information before use.
FAILURE TO FOLLOW THESE SAFETY INSTRUCTIONS COULD RESULT IN FIRE, ELECTRIC SHOCK, OR OTHER INJURY OR DAMAGE.
Batteries: The lithium battery in the AWS IoT Button device cannot be recharged or replaced. Do not open, disassemble, bend, deform, puncture or shred the battery. Do not modify, attempt to insert foreign objects into the battery or immerse or expose to water or other liquids. Do not expose the battery to fire, explosion or other hazard. Promptly dispose of used batteries in accordance with applicable laws and regulations. If dropped and you suspect damage, take steps to prevent any ingestion or direct contact of fluids and any other materials from the battery with skin or clothes.
Additional Safety Considerations: Do not use the AWS IoT Button in rain or near wet or highly humid locations. Small parts contained in your device and its accessories may present a choking hazard to small children.
Recycling AWS IoT Button: Make sure you dispose of AWS IoT Button in accordance with your local laws and regulations. For information about recycling AWS IoT Button, go to www.amazon.com/recyclingourproducts.
Radio Frequency Exposure: The output power of the radio technology used in the AWS IoT Button is below the radio frequency exposure limits set by the Federal Communications Commission of the United States (FCC). Information on the device is on file with the FCC and can be found under the Display Grant section of http://transition.fcc.gov/oet/ea/ after searching on the FCC ID for your device, which can be found on the back cover. It is advised to use the wireless equipment in such a manner that the potential for human contact during normal operation is minimized.
Radio Frequency Information: This AWS IoT Button complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) the AWS IoT Button may not cause harmful interference, and (2) the AWS IoT Button must accept any interference received, including interference that may cause undesirable operation. Note: The AWS IoT Button equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. The AWS IoT Button generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If the AWS IoT Button does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures: (i) reorient or relocate the receiving antenna; (ii) increase the separation between the equipment and the receiver; and (iii) consult the dealer or an experienced radio/tv technician for help. Changes or modifications that are not expressly approved by the party responsible for compliance could make the AWS IoT Button no longer comply with the FCC Rules.
AWS Greengrass Program Requirements
If you integrate the AWS IoT Device Materials (each as defined in this Agreement) in or with your applications, services and products (collectively, “Your Products”) then you must abide by the requirements set forth below. These requirements are part of this Agreement.
1. General Product Requirements
Your Product must not:
(a) promote or contain pornography or sexually explicit, obscene, violent, harassing, discriminatory, libelous or defamatory materials;
(b) promote hatred or discrimination or any activity or content that in our judgment is inappropriate or offensive, or employ discriminatory practices based on race, gender, religion, nationality, disability, sexual orientation, age or any other protected class;
(c) promote, facilitate or undertake illegal or potentially illegal activities;
(d) violate or infringe or promote the violation or infringement of any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights);
(e) operate as a gambling business (including without limitation online gambling (e.g., poker), lotteries (e.g., sale of lottery tickets), raffles, sports forecasting, and odds-making);
(f) execute or distribute any virus, spyware, adware, malware, or other harmful or malicious component; or
(g) be used in or in association with the operation of any safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; or military or aerospace applications, weapons systems or environments.
2. Additional Requirements
You agree that in connection with your (and Your Products’) use of the AWS IoT Device Materials:
(a) we may restrict use of the AWS IoT Device Materials in Your Products or limit the number of Your Products that may access the AWS Services, and if you exceed certain thresholds of usage that we may identify from time to time, you may be subject to additional terms in order to continue your use of the AWS Services;
(b) you will display or otherwise provide to end users, and not otherwise remove, modify or obscure, any attributions, copyright information and other notices, terms and conditions that we may provide to you or that you may be required to provide to end users including based on your use of third party “open source” software or other third party intellectual property in any of Your Products;
(c) you will not combine any AWS IoT Device Materials with any software or other materials that are subject to licenses or restrictions (e.g., open source software licenses) that, when combined with the AWS IoT Device Materials, would require us to disclose, license, distribute or otherwise make all or any part of such AWS IoT Device Materials available to anyone;
(d) you will not facilitate or provide access to the AWS Services through any means other than through the authentication methods we specify, and you will not disable, circumvent or avoid any security device, mechanism or protocol of the AWS Services;
(e) you will promptly (and in any event within any timeframes we expressly specify) update Your Products with any updates we require to any AWS IoT Device Materials incorporated into Your Products and you will enable and not prevent or interfere with any over-the-air updates we require to such AWS IoT Device Materials;
(f) you will be solely responsible for determining and complying with any applicable legal, regulatory or policy restrictions or requirements related to Your Products or the design, manufacturing, marketing, offer for sale, sale, distribution, use, and operation thereof, including without limitation U.S. export control and trade laws, requirements of the U.S. Federal Trade Commission and requirements of the U.S. Federal Communications Commission;
(g) you will not (1) misrepresent your identity or the origin of Your Product, (2) mask your usage in connection with your use of the AWS IoT Device Materials or AWS Services, or (3) provide your developer credentials to any third party;
(h) you may not use the AWS IoT Device Materials for any activity where the use or failure of the AWS IoT Device Materials could lead to death, injury, or property damage;
(i) you must implement all reasonable security measures to ensure that no third party may gain unauthorized access to the AWS Services or AWS IoT Device Materials; and
(j) you will comply with, and Your Products will conform to, these AWS Greengrass Program Requirements, as updated from time to time in our discretion.
3. Branding Requirements
Your Product must not have a product name or logo that is a variant of, or confusingly similar to, “AWS”, “Amazon” or another Amazon trademark or logo. You must not include an Amazon trademark in the domain name of any site for Your Product. Except for your use of the AWS Marks in accordance with the terms of this Agreement, you must not use any AWS trademark or logo (or variant of any AWS trademark or logo) in Your Product’s logo, images, description, persona, or branding.
AWS IoT Button Developer App - Additional Terms
These AWS IoT Button Developer App Additional Terms apply to your use of the AWS IoT Button Developer App (the “App”) and are made part of the AWS IoT Devices Program Agreement (the “Agreement”). All capitalized terms not defined herein have the meaning assigned to them in the Agreement. For the avoidance of doubt, the App is considered an AWS IoT Device Material as that term is defined in the Agreement, and all terms related to AWS IoT Device Materials will apply to the App. In the event of a conflict between these additional terms and the Agreement, these additional terms will apply solely with respect to the App and your use of the App. By using the App, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the App.
1. App Requirements. In order to use the App, you will need an AWS Account, AWS IoT Button, a compatible wi-fi enabled device, and an internet connection with wi-fi. You are solely responsible for obtaining any additional products or services needed to use the App and paying all associated charges (including for internet access or other data transmission).
2. License Grant. Conditioned upon your compliance with Section 3, we hereby grant you a limited, non-exclusive license to reproduce, install, and use the App solely to configure your AWS IoT Buttons for your personal non-commercial use.
3. License Restrictions. In addition the license restrictions in Section 10 of the Agreement, your license to use the App is conditioned on your compliance with the following:
(a) No Commercial Use. You may use the App solely for your personal non-commercial use.
(b) AWS IoT Button Program Requirements. All AWS IoT Button Program requirements that apply to the AWS IoT Button apply to the App. You will not use the App in any manner prohibited by the AWS IoT Button Program Requirements or to configure an AWS IoT Button in a manner inconsistent with the AWS IoT Button Program Requirements.
4. Information. The App will provide AWS with information about use of the App and its interaction with the AWS IoT Button (including device serial number, battery life, and click types). Information provided through the App may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the AWS Privacy Policy.
5. Changes to the App. We may change, suspend, or discontinue the App, or any part of it, at any time without notice or liability.
6. Termination. If you violate any term of the Agreement, then your rights under this Agreement (including the grant in Section 2 of these additional terms) will terminate immediately. AWS’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights. Sections 3, 4, and 7 of these additional terms shall survive termination or expiration of the Agreement.
7. Ownership. The App is licensed not sold. AWS retains all right, title and interest in and to the App and any and all intellectual property rights therein. Except for rights granted in Section 2, no other rights or licenses are granted to you under this Agreement by implication, estoppel or otherwise.