AWS Digital Training Service Agreement
Last Updated: November 13, 2018
This AWS Digital Training Service Agreement (this “Agreement”) is an agreement between Amazon Web Services, Inc. (“AWS,” “we,” “us,” or “our”) and you (“you”) that governs your access to and use of the AWS Digital Training Service. This Agreement takes effect when you click an “I Accept” button or check the box presented with this Agreement (“Effective Date”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). Capitalized terms used in this Agreement are defined in Section 10.
1. Use of the AWS Digital Training Service
1.1 Generally. We grant you the right to access and use the AWS Digital Training Service, including use of Lab Services, in accordance with this Agreement. Your use of the AWS Digital Training Service will comply with the terms of this Agreement and all applicable laws.
1.2 Your Account. To access and use the AWS Digital Training Service and Lab Services, you must sign in using your existing credentials on the AWS Training and Certification Portal site or you must create a new account. You will not authorize any third party to use your log-in information to access or use the AWS Digital Training Service Lab Services. You are responsible for all activities that occur under your account.
1.3 Rights to the AWS Digital Training Service. The license in Section 1.1 is limited, revocable, non-exclusive, non-sublicensable, non-transferrable and does not survive termination of this Agreement. You may not: (a) copy, modify, alter, tamper with, repair, or otherwise create derivative works of the AWS Digital Training Service or Labs Services, including the AWS Learning Materials, Labs Content, and Third-Party Content (except to the extent that any materials or service included in the AWS Digital Training Service is provided to you under a separate license that expressly permits the creation of derivative works); or (b) sell, license, assign, or distribute the AWS Digital Training Service. Some materials or services may be provided to you under a separate license, such as the Apache License, Version 2.0. If there is a conflict between this Agreement and any such separate license, the separate license will prevail with respect to those materials or services. You have no right, title or interest in or to the AWS Digital Training Service, other than the rights expressly granted in this Agreement. As between AWS and you, we own and reserve all right, title, and interest (including intellectual property rights) in and to the AWS Digital Training Service.
1.4 Rights and Restrictions Specific to Labs Services. In addition to the rights and restrictions provided in Section 1.3, and in connection with the operation of Lab Services, you will not: (a) process or run any operation on any data other than test data sets or lab-approved materials, (b) copy, import, export or otherwise create derivate works of Labs Services, including but not limited to, data sets, or (c) use Labs Services in a production, live or commercial context for any reason other than training. AWS is under no obligation to enable the transmission of Your Materials through Lab Services and may, in its discretion, edit, block, refuse to post, or remove Your Materials at any time. Your use of the Labs Services will comply with this Agreement and all applicable laws, and your Labs Services will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. AWS has the right to suspend your right to access and use Labs Services at any time without notice if your use of Labs Services could subject us, our affiliates, or any third party to liability for any reason.
2. Term; Termination.
2.1 This Agreement will commence on the Effective Date and will continue until terminated in accordance with Sections 2.2 or 2.3 (the “Term”).
2.2 You may terminate this Agreement for any reason by ending your enrollment on the account management page of the AWS Training and Certification Portal. Your termination of this Agreement will be effective on the last day of the calendar month in which you end your enrollment.
2.3 AWS may terminate this Agreement for any reason, effective immediately upon AWS providing written notice to you, including by sending a message to the email address associated with your account.
2.4 Sections 4, 5, 6, 7, 8, 9, and 10, and this Section 2.4 will survive any termination of this Agreement and continue to apply in accordance with their terms.
3. Temporary Suspension. AWS has the right to suspend your right to access and use the AWS Digital Training Service at any time without notice if your use of the AWS Digital Training Service could subject us, our Affiliates, or any third party to liability for any reason.
4. Privacy. You acknowledge AWS and our Affiliates will collect, store, disclose and use any personal data that you provide to us in connection with the AWS Digital Training Service in accordance with the AWS Privacy Notice. AWS may from time to time notify you of any changes to the AWS Privacy Notice, but you should check the AWS Site frequently for recent changes.
4.1 Sharing Training Data with Coordinator.
If your participation in AWS Training Services has been arranged by a third party (i.e. your employer, educational institution, or similar) (“Coordinator”), AWS will share information about your participation with the Coordinator. This information will include a record of your attendance, the results of any test or examination, responses to surveys, and personal data such as your name and the email address you used to register for the training, (collectively “Training Data”). AWS will process your personal Training Data in accordance with the AWS Privacy Notice, available at https://aws.amazon.com/privacy. By accepting these Terms, you acknowledge that AWS will disclose the Training Data to the Coordinator for certain legitimate business purposes including (a) to confirm that AWS has delivered the Training Services in accordance with the terms agreed between AWS and the Coordinator, (b) to confirm whether you have successfully undertaken the Training Services, and (c) to identify additional Training Services that might be of interest to you or the Coordinator.
5. Disclaimers. THE AWS DIGITAL TRAINING SERVICE AND ANY THIRD-PARTY CONTENT OR SERVICES AVAILABLE THROUGH THE AWS DIGITAL TRAINING SERVICE ARE PROVIDED “AS IS.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE AWS DIGITAL TRAINING SERVICE, INCLUDING ANY IMPLIED OR EXPRESS CONDITIONS OR WARRANTIES (A) OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR QUIET ENJOYMENT, OR (B) THAT THE AWS DIGITAL TRAINING SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS.
6. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR (A) ANY LOSS OF PROFITS, BUSINESS OR ANTICIPATED SAVINGS; (B) ANY DEPLETION OF GOODWILL AND SIMILAR LOSSES; (C) INVESTMENTS, EXPENDITURES OR COMMITMENTS RELATED TO THE AWS DIGITAL TRAINING SERVICE; (D) ANY PURE ECONOMIC LOSS; (E) ANY EXEMPLARY OR PUNITIVE DAMAGES; OR (F) INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES, DAMAGES, COSTS OR EXPENSES, EVEN IF YOU HAVE BEEN ADVISED OF THEIR POSSIBILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR NEGLIGENCE) OF AWS, OUR AFFILIATES AND OUR LICENSORS IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO, AT OUR OPTION, (i) REDELIVERY OF THE SERVICES THAT GAVE RISE TO THE CLAIM; OR (ii) $50.
7. Indemnification. You will defend, indemnify, and hold harmless AWS, our Affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning: (a) your use of the AWS Digital Training Service; or (b) any violation of applicable law by you. We may, at any time, assume control of the defense and settlement of any such third party claim.
8. Changes to the Agreement. We may change this Agreement at any time by posting a revised version on the AWS Training and Certification Portal or by giving notice to you by sending a message to the email address then associated with your account used to access the AWS Digital Training Service. By continuing to access or use the AWS Digital Training Service after we change this Agreement, you agree to the changes. If you do not agree to the changes, you must terminate this Agreement. We last modified this Agreement on the date listed at the beginning of this Agreement.
9.1 Force Majeure. AWS and its Affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, fire, flooding, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, or acts of terrorism or war.
9.2 Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and this Agreement does not create a partnership, joint venture, agency, or employment relationship between the parties.
9.3 Assignment; No Third Party Beneficiaries. You will not assign this Agreement, or delegate or sublicense any of your rights or obligations under this Agreement without our prior written consent. Any assignment or transfer in violation of this Section 9.3 will be void. This Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns. Except as set forth in Section 8, this Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.
9.4 No Waivers. The failure by either party to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit such party’s right to enforce such provision at a later time.
9.5 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect the intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
9.6 Governing Law; Venue. The laws of the State of Washington, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
9.7 Disputes. Any dispute or claim relating in any way to your use of the AWS Digital Training Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually agreed location. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we and you waive any right to a jury trial. We and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
9.8 Entire Agreement; English Language. This Agreement includes all other documents incorporated by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. If we provide a translation of the English language version of this Agreement, the English language version of this Agreement will control if there is any conflict.
9.9 Trade Compliance. You represent and warrant that you and your financial institution(s), or any party that owns or controls you or your financial institution, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority. You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology (“Items”) to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, U.S. Departments of State, Treasury or Commerce, the European Union, or any other applicable government authority.
10.1 “Affiliate” of a party, means any entity that directly or indirectly controls, is controlled by or is under common control with that party.
10.2 “AWS Digital Training Service” means the service as described on https://aws.amazon.com/training/ (as may be updated by us from time to time, including on any successor or related site designated by us) provided to you under this Agreement, and includes all AWS Learning Materials and Third-Party Content.
10.3 “AWS Learning Materials” means the training videos, reference materials, assessments, documentation, and other content made available to you under the terms of this Agreement.
10.4 “AWS Privacy Notice” means the privacy notice currently referenced at http://aws.amazon.com/privacy (and any successor or related site designated by us), as may be updated by us from time to time.
10.5 “AWS Training and Certification Portal” means the website at https://www.aws.training/ (and any successor or related site designated by us), as may be updated by us from time to time.
10.6 “Labs Content” means any content (including data sets) made available by us in connection with Labs Services.
10.7 “Lab Services” means the services and Labs Content made available to you under this Agreement, and includes any services and Lab Content made available to you by a third party (additional terms for which may be set forth in a third-party license or agreement).
10.8 “Third-Party Content” means content or services owned by a third party and made available to you under the terms of this Agreement.
18.9 “Your Materials” means any content and materials (including individual lab responses and documentation) created, uploaded, imported or exported by you in connection with your use of Labs Services.