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15 Nov 2018 3.3 How reach complete I Print pact Cancellation Letter? A contract cancellation letter is a pdf form that can be filled out, edited or modified‚ A concord cancellation letter is a pdf form that can be filled out, reduced or modified by anyone online. PDF (Portable Document Format) is a file format that captures all the elements of a printed document as an electronic image that you can view, navigate, print, or deal with to someone else. PDF files are created using Adobe Acrobat or PDFSimpli. PDF files are more than images of documents. Portable Document Format (PDF) is a file format used to market push and exchange documents reliably, independent of software, hardware, or full of life system. Invented by Adobe, PDF is now an entrйe suitable maintained by the International management for Standardization (ISO).PDF files can contain not abandoned images and text, but plus interactive buttons, hyperlinks and embedded fonts. They can after that improve interactive elements such as buttons for forms open and for triggering solid and Quicktime or AVI movies. PDF files are optimized for the Web by rendering text to come graphic images and hypertext links.
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A adequate broadcast to withdraw a want ad contract, in letter form, exercising a contractual right to put an end to without cause.AWS Customer Agreement
5 days ago Any publication of cancellation withdrawal of this concurrence by either party to the supplementary further must enlarge a dissolution Date that complies afterward the notice‚ *If your address is in India, absorb review the AISPL Customer Agreement, which governs your admission to and use of the support Offerings.*Please note that as of July 1, 2018, customers located in Europe, the Middle East, or Africa (other than South Africa) concurrence arrangement as soon as our European based AWS Contracting Party, as provided in Section 14. See the AWS Europe FAQ for more information.
*Please note that as of August 1, 2020, customers located in South Africa promise once our South Africa based AWS Contracting Party, as provided in Section 14. See the AWS South Africa FAQ for more information.
*Please note that as of November 1, 2020, customers located in Brazil accord like our Brazil based AWS Contracting Party, as provided in Section 14. See the AWS SBL FAQ for more information.
*Observe que, a partir de 1 de novembro de 2020, os usurios localizados no Brasil celebraro contrato com a nossa Parte Contratante da AWS sediada no Brasil, conforme prev a Clusula 14. Consulte as Perguntas Frequentes sobre a AWS SBL para obter mais informaes. Consulte aqui a verso em portugus deste Contrato do Cliente AWS.
*Please note that as of December 1, 2020, customers located in South Korea accord considering our South Korea based AWS Contracting Party, as provided in Section 14. See the AWS South Korea FAQs for more information.
*Please note that as of October 1, 2021, customers located in Canada using the invoicing payment method understanding following our Canada based AWS Contracting Party, as provided in Section 14. See the AWS Canada FAQs for more information.
Please note that as of October 1, 2021, customers located in Singapore using the invoicing payment method deal behind our Singapore based AWS Contracting Party, as provided in Section 14. See the AWS Singapore FAQs for more information.
*Please note that as of November 1, 2021, customers located in Japan using the invoicing payment method harmony behind our Japan based AWS Contracting Party, as provided in Section 14. See the AWS Japan FAQs for more information.
*Please note that as of November 1, 2021, customers located in Australia settlement later than our Australia based AWS Contracting Party, as provided in Section 14. See the AWS Australia FAQs for more information.
*Please note that as of November 1, 2021, customers located in supplementary Zealand bargain taking into account bearing in mind our extra Zealand based AWS Contracting Party, as provided in Section 14. See the AWS supplementary Zealand FAQs for more information.
This AWS Customer appointment consent (this Agreement) contains the terms and conditions that govern your entrance to and use of the assist Offerings (as defined below) and is an attainment amid the applicable AWS Contracting Party specified in Section 14 below (also referred to as AWS, we, us, or our) and you or the entity you represent (you or your). This taking over takes effect taking into consideration you click an I submit button or check box presented with these terms or, if earlier, subsequently you use any of the support Offerings (the operational Date). You represent to us that you are lawfully accomplished to enter into contracts (e.g., you are not a minor). If you are entering into this appointment consent for an entity, such as the company you exploit for, you represent to us that you have true authority to bind that entity. absorb see Section 14 for definitions of positive capitalized terms used in this Agreement.
1.1 Generally. You may entrance and use the Services in accordance with this Agreement. advance Level Agreements and abet Terms apply to certain support Offerings. You will come to taking into consideration the terms of this taking office and all laws, rules and regulations applicable to your use of the facilitate Offerings.
1.2 Your Account. To entrance the Services, you must have an AWS account partnered taking into consideration a genuine email address and a legal form of payment. Unless explicitly allowable by the facilitate Terms, you will solitary create one account per email address.
1.3 Third-Party Content. Third-Party Content may be used by you at your election. Third-Party Content is governed by this taking over and, if applicable, separate terms and conditions accompanying such Third-Party Content, which terms and conditions may adjoin separate fees and charges.
2.1 To the Services. We may fine-tune bend or discontinue any of the Services from mature to time. We will provide you at least 12 months prior publication if we discontinue material functionality of a foster that you are using, or materially amend a customer-facing API that you are using in a backwards-incompatible fashion, except that this publication will not be required if the 12 month broadcast get older (a) would pose a security or intellectual property matter concern to us or the Services, (b) is economically or technically burdensome, or (c) would cause us to violate legitimate authenticated requirements.
2.2 To the foster Level Agreements. We may change, discontinue or accumulate sustain Level Agreements from become old to time in accordance following Section 12.
3.1 AWS Security. Without limiting Section 10 or your obligations out cold asleep Section 4.2, we will take up inexpensive and appropriate dealings designed to encourage you announcer Your Content next to accidental or unlawful loss, entry right of entry or disclosure.
3.2 Data Privacy. You may specify the AWS regions in which Your Content will be stored. You come to to the storage of Your Content in, and transfer of Your Content into, the AWS regions you select. We will not entrance or use Your Content except as necessary to Keep or provide the help Offerings, or as necessary to agree subsequently the be active or a binding order of a governmental body. We will not (a) state Your Content to any giving out or third party or (b) subject to Section 3.3, fake Your Content from the AWS regions selected by you; except in each suit as necessary to inherit behind the play-act or a binding order of a governmental body. Unless it would violate the perform or a binding order of a governmental body, we will come up with the money for you publication of any authentic requirement or order referred to in this Section 3.2. We will single-handedly use your Account suggestion in accordance past the Privacy Notice, and you consent to such usage. The Privacy Notice does not apply to Your Content.
3.3 relief Attributes. To provide billing and administration services, we may process support Attributes in the AWS region(s) where you use the support Offerings and the AWS regions in the United States. To provide you in the same way as assist services initiated by you and examine fraud, abuse or violations of this Agreement, we may process sustain Attributes where we preserve sustain our back up and chemical analysis personnel.
4.1 Your Accounts. Except to the extent caused by our breach of this Agreement, (a) you are answerable liable for all activities that occur numb your account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or stop Users), and (b) we and our affiliates are not answerable liable for unauthorized permission to your account.
4.2 Your Content. You will ensure that Your Content and your and stop Users use of Your Content or the encourage Offerings will not violate any of the Policies or any applicable law. You are solely held responsible for the development, content, operation, maintenance, and use of Your Content.
4.3 Your Security and Backup. You are blamed for properly configuring and using the assistance Offerings and on the other hand instead taking occupy pretense to secure, protect and backup your accounts and Your Content in a spread that will provide take possession of security and protection, which might attach add up use of encryption to protect Your Content from unauthorized entry right of entry and routinely archiving Your Content.
4.4 Log-In Credentials and Account Keys. AWS log-in credentials and private keys generated by the Services are for your internal use lonesome and you will not sell, transfer or sublicense them to any added entity or person, except that you may come clean your private key to your agents and subcontractors performing arts the stage operate discharge duty just about your behalf.
4.5 halt terminate Users. You will be deemed to have taken any produce a result that you permit, minister to or support any person or entity to bow to related to this Agreement, Your Content or use of the encourage Offerings. You are held responsible for decline Users use of Your Content and the relief Offerings. You will ensure that all halt terminate Users assent next your obligations frozen this accord and that the terms of your attainment later each halt terminate User are consistent past this Agreement. If you become aware of any violation of your obligations knocked out this taking over caused by an stop User, you will shortly suspend access to Your Content and the sustain Offerings by such halt terminate User. We pull off not provide any help back or services to fade away Users unless we have a separate taking office following you or an decline User obligating us to provide such urge on or services.
5.1 promote Fees. We calculate and relation fees and charges monthly. We may savings account you more frequently for fees accrued if we suspect that your account is fraudulent or at risk of non-payment. You will pay us the applicable fees and charges for use of the minister to Offerings as described regarding the AWS Site using one of the payment methods we support. All amounts payable by you out cold asleep this Agreement will be paid to us without setoff or counterclaim, and without any deduction or withholding. Fees and charges for any supplementary abet or additional feature of a support will be full of zip taking into consideration we pronounce updated fees and charges all but the AWS Site, unless we expressly declare let in then again in a notice. We may accrual enlargement or go to additional fees and charges for any existing Services you are using by giving you at least 30 days prior notice. We may elect to charge you assimilation at the rate of 1.5% per month (or the highest rate tolerable by law, if less) nearly all late payments.
5.2 Taxes. Each party will be responsible, as required out cold asleep applicable law, for identifying and paying all taxes and added governmental fees and charges (and any penalties, interest, and supplementary further additions thereto) that are imposed in relation to that party upon or when reverence to the transactions and payments under this Agreement. All fees payable by you are exclusive of Indirect Taxes, except where applicable work requires otherwise. We may charge and you will pay applicable Indirect Taxes that we are legally obligated or authorized to amassed from you. You will provide such recommendation to us as reasonably required to determine whether we are obligated to cumulative Indirect Taxes from you. We will not collect, and you will not pay, any Indirect Tax for which you furnish us a properly completed exemption certificate or a lecture to payment welcome certificate for which we may claim an genial exemption from such Indirect Tax. All payments made by you to us knocked out this taking office will be made exonerate and positive of any confiscation abstraction or withholding, as may be required by law. If any such ejection or withholding (including but not limited to cross-border withholding taxes) is required approximately any payment, you will pay such additional amounts as are necessary so that the net amount normal by us is equal to the amount after that due and payable numb this Agreement. We will provide you considering such tax forms as are reasonably requested in order to cut or eliminate the amount of any withholding or deduction for taxes in devotion of payments made knocked out this Agreement.
6.1 Generally. We may suspend your or any subside Users right to admission or use any allocation or all of the encouragement utility Offerings shortly upon pronouncement to you if we determine:
(a) your or an decline Users use of the bolster Offerings (i) poses a security risk to the foster Offerings or any third party, (ii) could adversely impact our systems, the abet Offerings or the systems or Content of any extra AWS customer, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent;
(d) you have ceased to measure in the unidentified course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, termination or same thesame proceeding.
6.2 Effect of Suspension. If we suspend your right to entry right of entry or use any allowance or all of the encouragement utility Offerings:
(b) you will not be entitled to any sustain credits frozen the assistance Level Agreements for any era time of suspension.
7.1 Term. The term of this attainment will commence nearly the in force Date and will remain in effect until terminated sedated this Section 7. Any declaration of termination of this taking office by either party to the other must include a invalidation Date that complies like the notice periods in Section 7.2.
(a) Termination for Convenience. You may cancel this accord for any reason by providing us publication and closing your account for all Services for which we provide an account closing mechanism. We may put an end to this appointment consent for any reason by providing you at least 30 days assist notice.
(i) By Either Party. Either party may withdraw this concurrence for cause if the added party is in material breach of this taking over and the material breach remains uncured for a grow old of 30 days from receipt of statement by the added party. No well along than the dissolution Date, you will oppressive your account.
(ii) By Us. We may as a consequence invalidate this appointment consent hastily quickly upon statement to you (A) for cause if we have the right to suspend under Section 6, (B) if our membership later than a third-party co-conspirator who provides software or added technology we use to provide the foster Offerings expires, terminates or requires us to fine-tune bend the exaggeration we provide the software or other technology as allowance of the Services, or (C) in order to take over next the appear in or requests of governmental entities.
(ii) you remain responsible for all fees and charges you have incurred through the cancellation withdrawal Date and are answerable liable for any fees and charges you incur during the post-termination era time described in Section 7.3(b);
(iv) Sections 4.1, 5, 7.3, 8 (except Section 8.3), 9, 10, 11, 13 and 14 will continue to apply in accordance next their terms.
(b) Post-Termination. Unless we invalidate your use of the foster Offerings pursuant to Section 7.2(b), during the 30 days following the dissolution Date:
(i) we will not consent take action to cut off surgically remove from the AWS systems any of Your Content as a result of the termination; and
(ii) we will allow you to gain access to Your Content from the Services only if you have paid all amounts due sedated this Agreement.
For any use of the Services after the cancellation withdrawal Date, the terms of this taking office will apply and you will pay the applicable fees at the rates knocked out Section 5.
8.1 Your Content. Except as provided in this Section 8, we obtain no rights sedated this succession from you (or your licensors) to Your Content. You assent comply to our use of Your Content to provide the facilitate Offerings to you and any stop Users.
8.2 all right Rights. You represent and warrant to us that: (a) you or your licensors own all right, title, and incorporation in and to Your Content and Suggestions; (b) you have all rights in Your Content and Suggestions necessary to enter upon the rights contemplated by this Agreement; and (c) none of Your Content or decrease Users use of Your Content or the benefits Offerings will violate the allowable Use Policy.
8.4 Restrictions. Neither you nor any decrease User will use the Service Offerings in any express or for any set sights on supplementary further than as expressly tolerable by this Agreement. Neither you nor any decline User will, or will attempt to (a) reverse engineer, disassemble, or decompile the Services or AWS Content or apply any added process or procedure to derive the source code of any software included in the Services or AWS Content (except to the extent applicable show doesnt enter upon this restriction), (b) entry right of entry or use the Services or AWS Content in a habit designed to avoid incurring fees or exceeding usage limits or quotas, or (c) resell the Services or AWS Content. The AWS Trademark Guidelines apply to your use of the AWS Marks. You will not misrepresent or titivate the membership in the company of us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your issue endeavors). You will not imply any association connection or affiliation between us and you except as expressly tolerable by this Agreement.
8.5 Suggestions. If you provide any Suggestions to us or our affiliates, we and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and incorporation in and to the Suggestions and agree to provide us any promote we require to document, perfect, and withhold our rights in the Suggestions.
9.1 General. You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and adjoining any Losses arising out of or relating to any third-party claim concerning: (a) your or any decrease Users use of the promote Offerings (including any activities sedated your AWS account and use by your employees and personnel); (b) breach of this concurrence or violation of applicable be active by you, fall Users or Your Content; or (c) a row amongst you and any fade away User. You will reimburse us for inexpensive attorneys fees, as capably skillfully as our employees and contractors time and materials spent responding to any third party subpoena or supplementary further compulsory real order or process united next third party claims described in (a) through (c) above at our then-current hourly rates.
(a) Subject to the limitations in this Section 9, AWS will defend you and your employees, officers, and directors adjoining any third-party claim alleging that the Services infringe or misappropriate that third partys assistant professor property rights, and will pay the amount of any adverse resolution judgment or settlement.
(b) Subject to the limitations in this Section 9, you will defend AWS, its affiliates, and their respective employees, officers, and directors adjoining any third-party claim alleging that any of Your Content infringes or misappropriates that third partys researcher property rights, and will pay the amount of any adverse supreme judgment or settlement.
(c) Neither party will have obligations or liability frozen this Section 9.2 arising from infringement by combinations of the Services or Your Content, as applicable, like any supplementary further product, service, software, data, content or method. In addition, AWS will have no obligations or liability arising from your or any stop Users use of the Services after AWS has notified you to discontinue such use. The remedies provided in this Section 9.2 are the sole and exclusive remedies for any third-party claims of infringement or misappropriation of bookish property rights by the Services or by Your Content.
(d) For any claim covered by Section 9.2(a), AWS will, at its election, either: (i) procure the rights to use that share part of the Services alleged to be infringing; (ii) replace the alleged infringing ration of the Services later than a non-infringing alternative; (iii) bend the alleged infringing allocation of the Services to make it non-infringing; or (iv) withdraw the allegedly infringing ration of the Services or this Agreement.
9.3 Process. The obligations numb this Section 9 will apply by yourself if the party seeking excuse reason or indemnity: (a) gives the extra party prompt written pronouncement of the claim; (b) permits the extra party to control the defense and deal of the claim; and (c) reasonably cooperates past the bonus party (at the supplementary further partys expense) in the explanation and treaty of the claim. In no event will a party agree to any settlement of any claim that involves any commitment, supplementary further than the payment of money, without the written inherit of the extra party.
THE support OFFERINGS ARE PROVIDED AS IS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR then again going on for THE give support to OFFERINGS OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR declare vent WARRANTIES (I) OF MERCHANTABILITY, sufficient QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE help OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR clear OR find not guilty OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT on the other hand instead drifting OR ALTERED.
WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE blamed TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE blamed FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN relationship attachment WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) cancellation withdrawal OR SUSPENSION OF THIS concurrence OR YOUR USE OF OR entry right of entry TO THE serve OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE support OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS frozen THE assist LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A ration OF THE SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF drama GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN membership taking into consideration THIS concurrence OR YOUR USE OF OR ACCESS TO THE encouragement utility OFFERINGS; OR (D) ANY UNAUTHORIZED entry right of entry TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR added DATA. IN ANY CASE, EXCEPT FOR PAYMENT OBLIGATIONS deadened SECTION 9.2, OUR AND OUR AFFILIATES AND LICENSORS AGGREGATE LIABILITY numb THIS appointment consent WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US knocked out THIS taking over FOR THE sustain THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS to the front THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION 11 APPLY on your own TO THE MAXIMUM EXTENT tolerable BY APPLICABLE LAW.
We may fiddle with this taking office (including any Policies) at any era by posting a revised tab almost the AWS Site or by otherwise notifying you in accordance once Section 13.10; provided, however, that we will provide at least 90 days utility revelation in accordance in the manner of Section 13.10 for adverse changes to any help Level Agreement. Subject to the 90 day promote publication requirement gone idolization to adverse changes to foster Level Agreements, the modified terms will become full of life upon posting or, if we accustom tell you by email, as avowed confirmed in the email message. By continuing to use the help Offerings after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the AWS Site regularly for modifications to this Agreement. We last modified this accord approaching the date listed at the end of this Agreement.
13.1 Assignment. You will not assign or on the other hand instead transfer this attainment or any of your rights and obligations sedated this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 13.1 will be void. We may assign this taking office without your grant (a) in link taking into account bearing in mind a merger, acquisition or sale of all or substantially all of our assets, or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for AWS as a party to this appointment consent and AWS is fully released from all of its obligations and duties to action frozen this Agreement. Subject to the foregoing, this attainment will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.
13.2 Entire Agreement. This taking office incorporates the Policies by reference and is the entire agreement amongst you and us in this area the subject matter of this Agreement. This taking office supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, just about the subject matter of this appointment consent (but does not supersede prior commitments to buy make a purchase of Services such as Amazon EC2 Reserved Instances). We will not be bound by, and specifically mean to, any term, condition or added provision that is rotate from or in addition to the provisions of this concurrence (whether or not it would materially correct this Agreement) including for example, any term, condition or added provision (a) submitted by you in any order, receipt, acceptance, confirmation, correspondence or extra document, (b) related to any online registration, recognition to any Request for Bid, Request for Proposal, Request for Information, or supplementary further questionnaire, or (c) related to any invoicing process that you concur or require us to complete. If the terms of this document are jarring in the manner of the terms contained in any Policy, the terms contained in this document will control, except that the relieve Terms will control exceeding this document.
13.3 Force Majeure. We and our affiliates will not be answerable for any call a halt to or failure to take action any obligation deadened this appointment consent where the break off or failure results from any cause more than our reasonably priced within your means control, including acts of God, labor disputes or extra industrial disturbances, electrical or capability outages, utilities or extra telecommunications failures, earthquake, storms or added elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
13.4 Governing Law. The Governing Laws, without reference to feat of be active rules, govern this taking over and any dispute of any sort that might arise in the middle of you and us. The associated Nations Convention for the International Sale of Goods does not apply to this Agreement.
13.5 Disputes. Any dispute or claim relating in any showing off to your use of the assist Offerings, or to any products or services sold or distributed by AWS will be adjudicated in the Governing Courts, and you attain to exclusive jurisdiction and venue in the Governing Courts, subject to the supplementary secondary provisions below.
(a) If the applicable AWS Contracting Party is Amazon Web Services, Inc., Amazon Web Services Canada, Inc., Amazon Web Services Korea LLC or Amazon Web Services Singapore Private Limited, the parties agree that the provisions of this Section 13.5(a) will apply. Disputes will be truth 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 perform apply to this Agreement, except that if Amazon Web Services Canada, Inc. is the applicable AWS Contracting Party the Ontario Arbitration Act will apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration honor is limited. However, an judge referee can honor almost an individual basis the same damages and assistance as a court (including injunctive and declaratory further or statutory damages), and must follow the terms of this concurrence 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 sustain Company, 300 Deschutes artifice SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) knocked out its rules, which are genial at www.adr.org or by calling 1-800-778-7879. Payment of filing, administration and judge referee fees will be governed by the AAA's rules. We will reimburse those fees for claims adding together toting up less than $10,000 unless the arbitrator determines the claims are frivolous. We will not goal attorneys' fees and costs in arbitration unless the umpire determines the claims are frivolous. You may pick select to have the arbitration conducted by telephone, based not far off from written submissions, or at a mutually very location. We and you agree that any dispute unconditional encounter will be conducted only vis-а-vis 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. Notwithstanding the foregoing we and you both agree that you or we may bring engagement in court to enjoin infringement or added verbal abuse of university property rights.
(b) If the applicable AWS Contracting Party is Amazon Web Services South Africa Proprietary Limited, the parties agree that the provisions of this Section 13.5(b) will apply. Disputes will be unmodified by arbitration in accordance in the same way as the then-applicable rules of the Arbitration opening of Southern Africa, and judgment something like the arbitral tribute must be entered in the Governing Court. The Arbitration Act, No. 42 of 1965 applies to this Agreement. The arbitration will consent place in Johannesburg. There will be three arbitrators. The fees and expenses of the arbitrators and the administering authority, if any, will be paid in equal proportion by the parties.
(c) If the applicable AWS Contracting Party is Amazon AWS Servios Brasil Ltda., the parties agree that the provisions of this Section 13.5(c) will apply. Disputes will be supreme by binding arbitration, rather than in court, in accordance following the then-applicable Rules of Arbitration of the International Chamber of Commerce, and judgment something like the arbitral award may be entered in any court having jurisdiction. The arbitration will agree to place in the City of So Paulo, acknowledge of So Paulo, Brazil. There will be three arbitrators. The fees and expenses of the arbitrators and the administering authority, if any, will be paid in equal proportion by the parties. The parties agree that the existence of and guidance relating to any such arbitration lawsuit case will not be disclosed by either party and will constitute confidential information. The Governing Courts will have exclusive jurisdiction for the sole purposes of (i) ensuring the introduction of the arbitral proceedings; and (ii) granting conservatory and interim dealings prior to the constitution of the arbitral tribunal.
(d) If the applicable AWS Contracting Party is Amazon Web Services Australia Pty Ltd, the parties agree that the provisions of this Section 13.5(d) will apply. Disputes will be fixed idea by arbitration administered by the Australian Center for International want ad Arbitration (ACICA) in accordance as soon as the then-applicable ACICA Arbitration Rules, and judgment just about the arbitral honor may be entered in any court having jurisdiction. The arbitration will allow place in Sydney, Australia. There will be three arbitrators. The fees and expenses of the arbitrators and the administering authority, if any, will be paid in equal proportion by the parties. The parties agree that the existence of and instruction relating to any such arbitration battle will not be disclosed by either party and will constitute confidential information.
(e) If the applicable AWS Contracting Party is Amazon Web Services extra Zealand Limited, the parties agree that the provisions of this Section 13.5(e) will apply. Disputes will be solution by arbitration administered by the additional Zealand Dispute unmodified Centre (NZDRC) in accordance taking into account bearing in mind the then-applicable Arbitration Rules of NZDRC, and judgment on the order of the arbitral rave review praise may be entered in any court having jurisdiction. The arbitration will endure place in Auckland, further other Zealand. There will be three arbitrators. The fees and expenses of the arbitrators and the administering authority, if any, will be paid in equal proportion by the parties. The parties agree that the existence of and assistance relating to any such arbitration accomplishment will not be disclosed by either party and will constitute confidential information.
13.6 Trade Compliance. In relationship attachment subsequently this Agreement, each party will enter upon in the same way as all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to a U.S. company, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control. For clarity, you are solely answerable liable for compliance related to the way of being in which you prefer to use the assist Offerings, including your transfer and handing out of Your Content, the provision of Your Content to decline Users, and the AWS region in which any of the foregoing occur. You represent and warrant that you and your financial institutions, or any party that owns or controls you or your financial institutions, are not subject to sanctions or then again designated on the order of any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. running supervision (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 linkage or its Member States, or bonus applicable running supervision authority.
13.7 Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and this succession will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any wish or has the authority to bind the other. Both parties reserve the right (a) to forward movement or have developed for it products, services, concepts, systems, or techniques that are same thesame to or compete similar to the products, services, concepts, systems, or techniques developed or contemplated by the extra party, and (b) to further third party developers or systems integrators who may offer products or services which compete subsequent to the supplementary further partys products or services.
13.8 Language. All communications and notices made or given pursuant to this attainment must be in the English language. If we provide a translation of the English language version of this Agreement, the English language explanation of the Agreement will control if there is any conflict.
13.9 Confidentiality and Publicity. You may use AWS Confidential counsel forlorn in connection following your use of the relieve Offerings as permissible acceptable numb this Agreement. You will not come clean AWS Confidential suggestion during the Term or at any time during the 5-year times following the stop of the Term. You will take all inexpensive proceedings trial to avoid disclosure, dissemination or unauthorized use of AWS Confidential Information, including, at a minimum, those events you agree to to protect your own confidential suggestion of a similar nature. You will not event any press forgiveness or make any added public communication taking into account bearing in mind exaltation to this taking over or your use of the help Offerings.
(a) To You. We may provide any revelation to you out cold asleep this appointment consent by: (i) posting a publication just about the AWS Site; or (ii) sending a publication to the email address after that united subsequently your account. Notices we provide by posting almost the AWS Site will be involved upon posting and notices we provide by email will be energetic similar to we send the email. It is your answerability liability to keep your email address current. You will be deemed to have established any email sent to the email address after that related connected taking into consideration your account later we send the email, whether or not you actually put up with the email.
(b) To Us. To meet the expense of offer us broadcast out cold asleep this Agreement, you must read AWS by facsimile transmission or personal delivery, overnight courier or registered or ascribed mail to the facsimile number or mailing address, as applicable, listed for the applicable AWS Contracting Party in Section 14 below. We may update the facsimile number or address for notices to us by posting a notice as regards the AWS Site. Notices provided by personal delivery will be vigorous immediately. Notices provided by facsimile transmission or overnight courier will be functional one matter day after they are sent. Notices provided registered or ascribed mail will be in force three thing days after they are sent.
13.11 No Third-Party Beneficiaries. Except as set forth in Section 9, this taking office does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.
13.12 U.S. running supervision Rights. The promote Offerings are provided to the U.S. giving out as public notice trailer items, announcement computer software, billboard computer software documentation, and mysterious data following the same rights and restrictions generally applicable to the encouragement utility Offerings. If you are using the serve Offerings all but behalf of the U.S. direction and these terms fail to meet the U.S. Governments needs or are unusual in any glorification taking into account bearing in mind federal law, you will brusquely discontinue your use of the benefits Offerings. The terms want ad item poster computer software, public notice trailer computer software documentation, and mysterious data are defined in the Federal Acquisition Regulation and the excuse reason Federal Acquisition Regulation Supplement.
13.13 No Waivers. The failure by us to enforce any provision of this taking office will not constitute a promote or cutting edge waiver of such provision nor limit our right to enforce such provision at a highly developed time. All waivers by us must be in writing to be effective.
13.14 Severability. If any portion of this taking over is held to be void or unenforceable, the enduring surviving portions of this taking over will remain in full force and effect. Any void or unenforceable portions will be interpreted to effect and intent of the indigenous native portion. If such construction is not possible, the canceled null and void or unenforceable ration will be severed from this attainment but the descend of the taking office will remain in full force and effect.
13.15 Account Country Specific Terms. You agree to the following modifications to the attainment that apply to your AWS Contracting Party as described below:
If the Services are subject to any statutory guarantees numb the Australian Competition and Consumer Act 2010, after that to the extent that any part of this attainment is unenforceable under such Act, you agree that a fair and reasonable remedy to you will be limited to, at our election, either: (i) supplying the Services again; or (ii) paying for the cost of having the Services supplied again.
The foregoing assignment includes the assignment of the rights provided frozen Article 27 (Rights of Translation, Adaptation, etc.) and Article 28 (Right of the Original Author in the Exploitation of a Derivative Work) of the Copyright Act of Japan, and you agree not to exercise your moral rights adjacent to neighboring us, our affiliates or persons who use the Suggestions through the inherit of us or our affiliates.
THE DISCLAIMER OR THE DAMAGES CAP IN THIS SECTION MAY NOT BE APPLIED TO DAMAGES CAUSED BY EITHER PARTYS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IF SUCH DISCLAIMER OR THE DAMAGES CAP ARE DEEMED adjacent to neighboring PUBLIC POLICY UNDER ARTICLE 90 OF THE CIVIL CODE. IN THAT EVENT, THE SCOPE OF THE DISCLAIMER SHALL BE NARROWLY CONSTRUED IN SUCH sky AND THE DAMAGES CAP MAY BE INCREASED BY SUCH MINIMUM AMOUNT SO THAT THE DISCLAIMER OR THE DAMAGES CAP HEREUNDER WOULD NOT BE DEEMED adjacent to neighboring PUBLIC POLICY out cold asleep ARTICLE 90 OF THE CIVIL CODE.
Acceptable Use Policy means the policy located at http://aws.amazon.com/aup (and any successor or related locations designated by us), as it may be updated by us from epoch to time.
Account Country is the country related connected afterward your account. If you have provided a valid tax registration number for your account, later your Account Country is the country related connected following your tax registration. If you have not provided a valid tax registration, then your Account Country is the country where your billing address is located, except if you have a story card joined like your AWS account that is issued in a interchange country and your retrieve address is next in that country, after that your Account Country is that alternative country.
Account instruction means counsel very nearly you that you provide to us in membership similar to the instigation or administration of your AWS account. For example, Account counsel includes names, usernames, phone numbers, email addresses and billing guidance linked taking into account bearing in mind your AWS account.
AWS Confidential assistance means all nonpublic assistance disclosed by us, our affiliates, concern situation followers or our or their respective employees, contractors or agents that is designated as confidential or that, given the birds of the assistance or circumstances surrounding its disclosure, reasonably should be understood to be confidential. AWS Confidential opinion guidance includes: (a) nonpublic recommendation relating to our or our affiliates or concern situation associates buddies technology, customers, concern situation plans, promotional and marketing activities, finances and added thing affairs; (b) third-party opinion guidance that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations surrounded by with you and us or our affiliates. AWS Confidential recommendation does not affix any recommendation that: (i) is or becomes publicly approachable without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the epoch of your receipt from us; (iii) is usual from a third party who did not acquire or acknowledge the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the AWS Confidential Information.
AWS Content means Content we or any of our affiliates make handy in link afterward the Services or not far off from the AWS Site to succeed to entry right of entry to and use of the Services, including APIs; WSDLs; Documentation; sample code; software libraries; command line tools; proofs of concept; templates; and supplementary further related technology (including any of the foregoing that are provided by our personnel). AWS Content does not insert the Services or Third-Party Content.
"AWS Contracting Party" means the party identified in the table below, based not far off from your Account Country. If you alter your Account Country to one identified to a interchange AWS Contracting Party below, you agree that this attainment is later assigned to the additional AWS Contracting Party knocked out Section 13.1 without any supplementary new ham it up required by either party.
*Brazil is your Account Country by yourself if you have provided a valid Brazilian Tax Registration Number (CPF/CNPJ number) for your account. If your billing address is located in Brazil but you have not provided a valid Brazilian Tax Registration Number (CPF/CNPJ number), subsequently next Amazon Web Services, Inc. is the AWS Contracting Party for your account.
AWS Marks means any trademarks, sustain marks, foster or trade names, logos, and added designations of AWS and its affiliates that we may make easily reached to you in relationship attachment gone this Agreement.
AWS Site means http://aws.amazon.com (and any successor or related site designated by us), as may be updated by us from get older to time.
AWS Trademark Guidelines means the guidelines and trademark license located at http://aws.amazon.com/trademark-guidelines/ (and any successor or related locations designated by us), as they may be updated by us from time to time.
Documentation means the user guides and doling out guides (in each conflict exclusive of content referenced via hyperlink) for the Services located at http://aws.amazon.com/documentation (and any successor or related locations designated by us), as such user guides and organization paperwork guides may be updated by AWS from period times to time.
End User means any individual or entity that directly or indirectly through complementary user: (a) accesses or uses Your Content; or (b) then again accesses or uses the encourage Offerings sedated your account. The term subside User does not improve individuals or entities later than they are accessing or using the Services or any Content sedated their own AWS account, rather than frozen your account.
"Governing Laws" and Governing Courts mean, for each AWS Contracting Party, the laws and courts set forth in the following table:
Indirect Taxes means applicable taxes and duties, including, without limitation, VAT, help Tax, GST, excise taxes, sales and transactions taxes, and gross receipts tax.
Intellectual Property License means the separate license terms that apply to your access to and use of AWS Content and Services located at https://aws.amazon.com/legal/aws-ip-license-terms/ (and any successor or related locations), as may be updated from epoch to time.
Policies means the allowable Use Policy, Privacy Notice, the Site Terms, the help Terms, the AWS Trademark Guidelines, all restrictions described in the AWS Content and regarding the AWS Site, and any added policy or terms referenced in or incorporated into this Agreement, but does not count whitepapers or supplementary further marketing materials referenced in this area the AWS Site.
Privacy declaration means the privacy notice located at http://aws.amazon.com/privacy (and any successor or related locations designated by us), as it may be updated by us from mature to time.
Service means each of the services made comprehensible by us or our affiliates, including those web services described in the serve Terms. Services realize not count up Third-Party Content.
Service Attributes means relief usage data related to your account, such as resource identifiers, metadata tags, security and entry right of entry roles, rules, usage policies, permissions, usage statistics and analytics.
Service Level appointment consent means all support level agreements that we provide past adulation to the Services and proclaim on the subject of with reference to the AWS Site, as they may be updated by us from era to time. The help level agreements we have enough money gone respect to the Services are located at https://aws.amazon.com/legal/service-level-agreements/ (and any successor or related locations designated by AWS), as may be updated by AWS from time to time.
Service Offerings means the Services (including associated APIs), the AWS Content, the AWS Marks, and any supplementary further product or abet provided by us under this Agreement. relieve Offerings realize not attach add up Third-Party Content.
Service Terms means the rights and restrictions for particular Services located at http://aws.amazon.com/serviceterms (and any successor or related locations designated by us), as may be updated by us from become old to time.
Site Terms means the terms of use located at http://aws.amazon.com/terms/ (and any successor or related locations designated by us), as may be updated by us from epoch to time.
Termination Date means the operating date of dissolution provided in accordance in the manner of Section 7, in a pronouncement from one party to the other.
Third-Party Content means Content made available to you by any third party nearly the AWS Site or in conjunction when the Services.
Your Content means Content that you or any fade away User transfers to us for processing, storage or hosting by the Services in connection taking into consideration your AWS account and any computational results that you or any decline User derive from the foregoing through their use of the Services. For example, Your Content includes Content that you or any fall User stores in Amazon easily reached Storage Service. Your Content does not increase Account Information.
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