Open Data Sponsorship Program Terms & Conditions
Last Updated: July 17, 2020
These AWS Open Data Sponsorship Program Terms and Conditions (these “Terms“) contain the terms and conditions that govern your participation in the AWS Open Data Sponsorship Program (the "Program") and are an agreement between Amazon Web Services, Inc. (“AWS,” “we,” “us,” or “our”) and you or the entity you represent (“you“ or “your”). These Terms are in addition to any terms and conditions that apply to Services you use in the course of your participation in the Program, including the AWS Customer Agreement or other agreements with us governing your use of the Services (collectively, the “Agreement”). The Agreement is incorporated into these Terms and any item not governed by these Terms will be governed by the Agreement. If these Terms are inconsistent with the Agreement, the Terms will control, but only to the extent of such conflict. These Terms take effect when you check the box presented with these Terms or, if earlier, when you receive any Program benefits (“Effective Date”). You represent to us that you are lawfully able to enter into contracts, and if you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. Any terms not defined in these Terms will have the meaning given to them in the Agreement.
1.1 Joining the Program. To join the Program, you must submit a complete Program application through https://pages.awscloud.com/open-data-sponsorship-program.html, be subject to an effective Agreement, and be accepted into the Program by AWS in writing (including via email). If accepted into the Program you will: (a) create a new Amazon Web Services account that you will use solely for participating in the Program (the “Program Account”); (b) be responsible for managing and maintaining the quality of all data content that you provide or generate as part of your participation in the Program (“Program Content”); (c) be responsible for updating Program Content with new data so that it is useful and timely for the public (also “End Users” throughout), as reasonably determined by us; (d) make Program Content available for use by End Users pursuant to a permissive license of your choosing that requires no monetary payment for access to or usage of the Program Content (provided, however, that in the event that you fail to specify an applicable permissive license, use of Program Content shall be deemed licensed under the Creative Commons Attribution 4.0 International Public License); (e) make reasonable efforts to optimize the End User experience, including building and maintaining applicable tools to enable use of Program Content; (f) be responsible for evaluating and testing Program Content to ensure that it operates properly with the Service Offerings and is kept up-to-date with current bug fixes and patches (as applicable); and (g) provide AWS with information reasonably requested concerning End User use of Program Content. As a participant in the Program, and subject to your compliance with these Terms and the Agreement, you will be entitled to receive the benefits specified in the welcome email sent to the email address linked to your Program Account upon your acceptance into the Program (“Program Benefits”).
1.2 Representations and Warranties. You represent and warrant that: (a) you have all rights in Program Content necessary to comply with clause (d) of Section 1.1 above; (b) no Program Content will violate the Agreement; and (c) you are legally able to receive the Program Benefits.
1.3 Program Administration. You agree to provide reasonable assistance, including feedback and responses to AWS Program participant questionnaires and to AWS in connection with our periodic evaluation of the Program (“Program Review”).
1.4 Program Changes. We may change or discontinue the Program or any aspect of the Program at any time. We will post information about any change or discontinuation to the Program on http://aws.amazon.com/opendata/open-data-sponsorship-program/ or send you an email using the email address linked to the Program Account. Any changes to the Program will become effective at the time we post information about the change on the aforementioned site or as expressly stated otherwise in a notice provided in accordance with the Agreement.
1.5 Termination. Your participation in the Program will terminate two (2) years from the Effective Date. AWS may extend your participation in the Program in writing or enter into new Program terms and conditions, as agreed by both parties in writing, upon expiration of your participation. We may terminate your participation in the Program by giving notice of termination in accordance with the Agreement. Upon termination of your Program participation, you agree to comply with an AWS-determined wind-down period during which time Program Content will be available to End Users, unless otherwise directed by AWS. If your participation in the Program is terminated for any reason, as of the later of the date of termination or end of the wind-down period: (a) you will no longer receive Program Benefits, including payment by AWS of costs associated with your Program Account; and (b) you will no longer identify yourself or hold yourself out as a Program participant.
2. Publicity and Marketing
2.1 PR. We may list your name, website, descriptive information about Program Content, and your general contact information in a Program directory, in other similar resources, or on an AWS website. You hereby grant us a nonexclusive, worldwide, royalty-free license to use any trademark, service mark, trade name, other proprietary logo or insignia, URL, domain name, or other source or business identifier that you provide to us in connection with the Program (collectively, "Your Materials") solely for the purpose of promoting the Program. Furthermore, you hereby grant to each End User a nonexclusive, worldwide, royalty-free license to use Your Materials solely for the purpose of giving you attribution for the use of your Program Content. You reserve all rights in Your Materials and related intellectual property rights and, except as described in this Section, no rights to Your Materials or related intellectual property rights are transferred or licensed pursuant to these Terms. At AWS’s request, you will work with AWS to produce a case study that describes your participation in the Program and includes supporting quotes from you (the “Case Study”). AWS will get your approval (which may be via email) on the final form of the Case Study.
2.2 Confidentiality. You may not issue any press release or other public statement with respect to your participation in the Program unless we approve in advance and in writing (which may be via email) the content, timing, and method of the press release or other public statement. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
THE PROGRAM AND ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE PROGRAM ARE PROVIDED "AS-IS." WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, IN EACH CASE WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PROGRAM OR ANY BENEFITS OR OTHER MATERIALS THAT WE MAY OFFER THROUGH THE PROGRAM. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
4. Limitation of Liability
We and our affiliates will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary damages (including damages for any loss of revenue, profits, data or goodwill) arising in connection with the Program, or any benefits or other materials that we may offer through the Program, even if we have been advised of the possibility of such damages. Further, our and our affiliate’s aggregate liability arising with respect to the Program or any benefits or other materials that we may offer through the Program will not exceed $100 or its foreign currency equivalent. The limitations and exclusions in this Section 4 apply to the maximum extent permitted by applicable law.
We may modify these Terms at any time by posting a revised version at https://aws.amazon.com/opendata/open-data-sponsorship-program/terms/ or by sending you an email using the email address linked to your Program Account. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing your participation in the Program after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check https://aws.amazon.com/opendata/open-data-sponsorship-program/terms/ regularly for modifications to these Terms. We last modified these Terms on the date listed at the beginning of these Terms.