THIS IS AN AGREEMENT BETWEEN YOU AND AMAZON WEB SERVICES, INC. (WITH ITS AFFILIATES, "AWS" OR "WE") THAT GOVERNS YOUR USE OF THE AWS STORAGE GATEWAY SOFTWARE (TOGETHER WITH ANY UPDATES AND ENHANCEMENTS TO IT, AND ACCOMPANYING DOCUMENTATION, THE “SOFTWARE”) THAT WE MAKE AVAILABLE TO YOU. 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 (THE “AWS AGREEMENT”).
We hereby grant you a personal, limited, nonexclusive, non-transferable, non-sublicenseable license to install and use the Software on computer equipment owned or controlled solely for your internal business purposes to access Your Content used in connection with the Services. You may not use the Software if you do not have an account in good standing with AWS. Some components of the Software (whether developed by AWS or third parties) may also be governed by applicable open source software licenses located in the software component's source code. Your license rights with respect to these individual components are defined by the applicable open source software license, and nothing in this Agreement will restrict, limit, or otherwise affect any rights or obligations you may have, or conditions to which you may be subject, under such open source software licenses.
You may not, and you will not encourage, assist or authorize any other person to, (a) incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs; or (b) 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; (c) modify, alter, tamper with, repair, or otherwise create derivative works of the Software, (d) reverse engineer, disassemble, or decompile the Software or apply any other process or procedure to derive the source code of any software included in the Software, or (e) access or use the Software or the Service in a way intended to avoid incurring fees or exceeding usage limits or quotas. All rights granted to you are conditioned on your continued compliance this License Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this License Agreement or the AWS Customer Agreement, including any failure to remit timely payment for the Software or the Service.
You may not use the Software for any illegal purpose. The Software is the intellectual property of AWS or its licensors. The structure, organization, and code of the Software are valuable trade secrets and confidential information of AWS. 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, we may offer automatic or manual updates at any time. If we elect to provide maintenance or support of any kind, we may terminate that maintenance or support at any time without notice to you.
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 us if you fail to comply with any of its terms or fail to make timely payment. In the case of termination, you must cease all use and destroy all copies of the Software. We 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 we may modify the Software to make it inoperable. AWS will not be liable to you should it exercise those rights. Our failure to insist upon or enforce your strict compliance with this License Agreement will not constitute a waiver of any of our rights.
a. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF, AND ANY OTHER ACCESS TO, THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS DELIVERED TO YOU “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AWS, 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 INCIDENTAL 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 APPLICATION, 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 THE AGREEMENT WILL BE LIMITED TO $50.00. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You are liable for and will defend, indemnify, and hold harmless the Released Parties and their officers, directors, agents, and employees, from and against any liability, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of your use of the Software, violation of the Agreement, violation of applicable law, or violation of any right of any person or entity, including without limitation intellectual property rights.
Please see the AWS Storage Gateway technical documentation located on the AWS website (aws.amazon.com) for information on how to retrieve a copy of the source code for certain software components included with the Software.
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.
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.
We may amend this License Agreement at our 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.
The terms of this License Agreement govern the Software and any updates or upgrades to the Software that we 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.