AWS Opsworks Client License Agreement
THIS IS AN AGREEMENT BETWEEN YOU AND AWS LICENSOR THAT GOVERNS YOUR USE OF THE SOFTWARE (TOGETHER WITH ANY UPDATES AND ENHANCEMENTS TO IT, AND ACCOMPANYING DOCUMENTATION, THE "SOFTWARE") SPECIFIED BELOW THAT AWS LICENSOR MAKES AVAILABLE TO YOU (THIS “LICENSE AGREEMENT”). IF YOU INSTALL OR USE THE SOFTWARE, YOU WILL BE BOUND BY THIS LICENSE AGREEMENT. UNLESS OTHERWISE DEFINED IN THIS LICENSE AGREEMENT, CAPITALIZED TERMS WILL HAVE THE SAME MEANING AS SET FORTH IN THE AWS CUSTOMER AGREEMENT POSTED AT AWS.AMAZON.COM/AGREEMENT OR OTHER AGREEMENT WITH US GOVERNING YOUR USE OF OUR SERVICES (THE "CUSTOMER AGREEMENT”).
1. Use of the Software
If the geographic location associated with your AWS account is any country within Europe, the Middle East, or Africa (“ EMEA ”), then Amazon Web Services EMEA SARL (“ AWS Europe ”) grants this License. If the geographic location associated with your AWS account is any country outside of EMEA, then Amazon Web Services, Inc. (“ AWS, Inc .”) grants this License. “AWS Europe” and “AWS, Inc.” are individually referred to herein as an “ AWS Licensor ”. This License Agreement forms a separate agreement between you and the AWS Licensor without any further action required by the parties. AWS Licensor enters into this License Agreement and grants the license hereunder in its own capacity and no other party is acting as agent of AWS Licensor or has capacity to bind AWS Licensor.AWS Licensor hereby grants you a personal, limited, nonexclusive, non-transferable, non-sublicenseable license to install and use the Software solely with AWS Opsworks. Some components of the Software (whether developed by AWS Licensor or third parties) may be governed by separate licenses, as indicated in the license, notice, readme, or other files distributed with the applicable component. Your license rights with respect to these individual components are defined by the applicable license, and nothing in this License Agreement will restrict, limit, or otherwise affect any rights or obligations you may have, or conditions to which you may be subject, under such licenses.
Except as expressly permitted under this License Agreement, you may not, and you will not encourage, assist or authorize any other person to (a) sell, rent, lease, lend, loan, distribute, act as a service bureau, publicly communicate, transform, or sub-license the Software or otherwise assign any rights to the Software in whole or in part; (b) modify, alter, tamper with, repair, or otherwise create derivative works of the Software; (c) reverse engineer, disassemble, or decompile the Software or apply any other process or procedure to derive the source code of any binary code present in the Software; (d) use the Software to create additional software that replicates the functionality of, or is intended to replace, the Software; or (e) access or use the Software in a way intended to avoid incurring fees or exceeding usage limits or quotas. You may not use, modify, or distribute the Software in any manner that would require disclosure, license, or distribution of the source code of the Software or grant others any rights to modify the Software. AWS Licensor may provide you with the source code for all or part of the Software solely for your reference purposes. Notwithstanding anything to the contrary in this License Agreement, source code may not be modified or redistributed.
3. Reservation of Rights
You may not use the Software for any illegal purpose. The Software is the intellectual property of AWS Licensor or our licensors. The structure, organization, and code of the Software are AWS Licensor’s valuable trade secrets and confidential information. The Software is protected by law, including without limitation copyright laws and international treaty provisions. Except for the rights explicitly granted to you in this License Agreement, all right, title and interest in the Software are reserved and retained by us and our licensors. You do not acquire any intellectual property or other rights in the Software as a result of downloading the Software.
In order to keep the Software up-to-date, AWS Licensor may offer automatic or manual updates at any time. If AWS Licensor elects to provide maintenance or support of any kind, AWS Licensor may terminate that maintenance or support at any time without notice to you. The terms of this License Agreement govern the Software and any updates or upgrades to the Software that AWS Licensor may provide that replace or supplement the original Software, unless the update or upgrade is accompanied by a separate license, in which case the terms of that license will govern.
If you provide suggestions, ideas, or other feedback to AWS Licensor about the Software, AWS Licensor will be free to exercise all rights in such feedback without restriction and without compensating you. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with us regarding such contributions.
You may terminate this License Agreement at any time by uninstalling or destroying all copies of the Software that are in your possession or control. Your rights under this License Agreement will automatically terminate without notice from AWS Licensor if you fail to comply with any term of this License Agreement or the Customer Agreement. In the case of termination, you must cease all use and destroy all copies of the Software. AWS Licensor may modify, suspend, discontinue, or terminate your right to use part or all of the Software at any time without notice to you, and in that event AWS Licensor may modify the Software to make it inoperable. AWS Licensor will not be liable to you should it exercise those rights. AWS Licensor’s failure to insist upon or enforce your strict compliance with this License Agreement will not constitute a waiver of any of its rights. Sections 2, 3, 4, 5, 6, 7, 8, 13 and 14 will survive termination of this License Agreement.
7. Disclaimer of Warranties and Limitation of Liability
a. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF, AND ANY OTHER ACCESS TO, THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS DELIVERED TO YOU “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AWS LICENSOR, ITS LICENSORS AND DISTRIBUTORS, AND EACH OF THEIR RESPECTIVE AFFILIATES AND SUPPLIERS (COLLECTIVELY, THE “RELEASED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A RELEASED PARTY OR AN AUTHORIZED REPRESENTATIVE OF A RELEASED PARTY WILL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
b. TO THE EXTENT NOT PROHIBITED BY LAW, NO RELEASED PARTY WILL BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE APPLICATION, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ANY RELEASED PARTY’S AGGREGATE LIABILITY UNDER THIS LICENSE AGREEMENT WILL BE LIMITED TO $50.00. THESE LIMITATIONS AND DISCLAIMERS APPLY EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You are liable for and will defend, indemnify, and hold harmless the Released Parties and their respective officers, directors, agents, and employees, from and against any liability, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of your use, modification, or distribution of the Software, violation of the License Agreement, violation of applicable law, or violation of any right of any person or entity, including without limitation intellectual property rights.
9. Source Code
Please see the technical documentation for information on how to retrieve a copy of the source code for certain software components included with the Software, if any.
10. Export Regulations
You will comply with all export and re-export restrictions and regulations of the United States Department of Commerce and other United States and foreign agencies and authorities that may apply to the Software, and not to transfer, or encourage, assist, or authorize the transfer of the Software to a prohibited country or otherwise in violation of any applicable restrictions or regulations.
11. U.S. Government End Users
The Software is provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to the Software. If you are using the Software on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, you will immediately discontinue your use of the Software. The terms “commercial item” “commercial computer software,” “commercial computer software documentation,” and “technical data” are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
AWS Licensor may amend this License Agreement at its sole discretion by posting the revised terms on the AWS website (aws.amazon.com) or within the Software. Your continued use of the Software after any amendment's effective date evidences your agreement to be bound by it.
If any portion of this License Agreement is held to be invalid or unenforceable, the remaining portions of this License Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this License Agreement but the rest of the License Agreement will remain in full force and effect.
14. Governing Law; Venue
The laws of the State of Washington, without reference to conflict of law rules, govern this License Agreement and any dispute of any sort that might arise between you and AWS Licensor. Any dispute relating in any way to this License Agreement will be adjudicated in any state or federal court in King County, Washington. You consent to exclusive jurisdiction and venue in those courts. AWS Licensor may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third party’s intellectual property or other proprietary rights. The United Nations Convention for the International Sale of Goods does not apply to this License Agreement.
This License Agreement is the entire agreement between you and AWS Licensor regarding the subject matter of this License Agreement and supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and AWS Licensor, whether written or verbal, regarding the subject matter of this License Agreement.