These Test Drive Terms and Conditions (these “Test Drive Terms”) contain the terms and conditions that govern your participation in the AWS Test Drive Program (the “Test Drive Program”) and comprise a part of the AWS Partner Network Terms & Conditions (the “APN Terms”) solely for participants in the Test Drive Program. In the event of a conflict between the terms of these Test Drive Terms and the terms of the APN Terms, the terms and conditions of these Test Drive Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the APN Terms, or, if not defined in the APN Terms, in the AWS Customer Agreement.

1. Test Drive Program.

1.1. Joining the Test Drive Program. To join the Test Drive Program you must be admitted into the Test Drive Program by submitting a complete application through the AWS Site that we accept, or otherwise obtaining our approval. By submitting an application or otherwise participating in the Test Drive Program you agree to the commercial terms of the Test Drive Program including providing your Test Drive Lab (defined below) at no cost to End Users.

1.2. Your Test Drive Lab. You must either (i) use the third party software framework recommended by AWS (“Test Drive Framework”) to build and automate the deployment and configuration of your private IT sandbox environment containing preconfigured server, network and storage based solutions (“Test Drive Labs”), or (ii) build and configure your Test Drive Lab so that it has substantially the same functionality as it would have using the Test Drive Framework. You will make all necessary modifications to your Test Drive Lab that we request in order to comply with the requirements of this Section 1.2.

1.3. End User Information. As a condition of participation in the Test Drive program you agree that AWS will have access to information about each Test Drive Lab including End User name, company, email address, phone number, status of the Test Drive completion and such other information that the Test Drive Framework makes available . You will ensure that each End User of a Test Drive Lab is given sufficient notice and disclosure about your collection and use of personal information as required under applicable laws.

2. Disclaimer of Warranties and Limitation of Liability.

2.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF, AND ACCESS TO, THE TEST DRIVE PROGRAM BY YOU OR END USERS IS AT YOUR SOLE RISK. THE TEST DRIVE FRAMEWORK IS RECOMMENDED AND MADE AVAILABLE “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.

2.2. TO THE EXTENT NOT PROHIBITED BY LAW, NO RELEASED PARTY WILL BE LIABLE TO YOU OR AN END USER TO WHOM YOU HAVE PROVIDED YOUR TEST DRIVE LAB 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.

3. Indemnification: 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 Test Drive Labs by you and End Users to whom you have provided your Test Drive LAB in violation of the Agreement, violation of applicable law, or violation of any right of any person or entity, including without limitation intellectual property rights.

4. Modification. We may modify these Test Drive Terms at any time by posting a revised version on the AWS Site or sending you an email using the email address provided to us in your application for the Test Drive Program. 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 Test Drive Program after the effective date of any modifications to these Test Drive Terms, you agree to be bound by the modified terms.