Aws Legal Agreement
1.11. If you process the personal data of end users or other identifiable persons when using a Service, you are responsible for providing legally appropriate data protection notices and obtaining the necessary consents to process such data. You assure us that you have provided all the necessary data protection information and obtained all necessary consents. You are responsible for the processing of this data in accordance with applicable law. (k) Product Conditions. The Product Terms of Use apply to your use of certain software, hardware, equipment or other products and services provided to you. “Product Terms” means the rights and restrictions to aws.amazon.com/legal/elemental-appliances-software-product-terms (and any successor or related location designated by us) that may be updated by us from time to time. “Service Level Agreement” means any Service Level Agreement that we offer in connection with the Services and that we post on the Website, as they may be updated by us from time to time. The Service Level Agreements we currently offer with respect to the Services are located in aws.amazon.com/legal/service-Level-Agreements/ (and any successor or related location designated by us), which may be updated by us from time to time. 45.2. AWS or one of its affiliates may enter into a statement of employment with you to provide AWS professional services. For the purposes of each STATEMENT of Work, the term “AWS” in the Statement of Work and Agreement refers to the AWS Entity that executes the Statement of Work, and no other AWS Entity has obligations under this Statement of Work. Each STATEMENT of Work (together with the Agreement) is provided by the parties as final, complete and exclusive terms of their agreement and supersedes all prior agreements and understandings (whether oral or written) between the parties with respect to the subject matter.
(c) Collaborate with other AWS customers. You may reproduce and distribute (but not sublicense) the Lumberyard Documents (including permitted modifications and derivatives): (i) to other AWS customers who are your subcontractors solely to enable those AWS customers to perform work on your behalf, (ii) to other AWS customers in connection with the work you do for them as a contractor, and (iii) up to 5 other AWS customers; that you authorize to distribute a Lumberyard Project as part of your sale or license of that Lumberyard Project (e.B publisher of a game you have developed). The rights of these other AWS customers in the Lumberyard Materials are governed by their contract(s) with us. › AWS Customer Agreement – this Agreement governs your use of our 11th Comprehensive Services Agreement and Severability Agreement. Unless you have entered into another written agreement regarding the Software signed by you and an authorized representative of us that conflicts with the terms of this EULA, you agree that this EULA supersedes all prior written or oral agreements, warranties or representations with respect to the use of the Software. If any provision (or part thereof) of this EULA is held to be invalid or unenforceable, the remaining provisions (including other valid parts in the applicable period) will remain in full force and effect. You acknowledge that you have read and understand this EULA, that you agree to be bound by its terms and conditions, and that this is the complete and exclusive statement of the agreement between you and us with respect to the Software. Our failure to insist on or enforce strict compliance with this EULA does not constitute a waiver of any of our rights. 10.1 If you are subject to the AWS Elemental Appliances and Software Terms of Use available on aws.amazon.com/legal/elemental-appliances-software-agreement or any other written agreement between you and AWS Elemental governing your purchase and use of AWS Elemental products and services (“AWS Elemental Appliances and Software Terms”), which may be updated by us from time to time, in the event of any conflict or inconsistency between the terms of this EULA and the existing terms of use of AWS Elemental appliances and software will resolve such conflict or inconsistency by giving priority to this EULA. › AWS Elemental Appliances and Software Terms of Use: This Agreement governs your purchase and use of Elemental Technologies LLC 5.2 products. All fees and charges payable under this Agreement exclude any applicable national, state or local indirect taxes (“Taxes”) that AISPL is required to collect under applicable law.
For the purposes of this clause, local indirect taxes include the goods and services tax (`the GST`), which includes the central goods and services tax (`the central tax`), the State goods and services tax (`the State tax`), the Union territorial tax on goods and services (`the UT tax`) and the integrated goods and services tax (`the integrated tax`). Taxes levied by AISPL will be indicated on the invoice in accordance with applicable laws. AISPL may charge a fee and you will pay all applicable taxes, which are shown separately on the invoice. In accordance with legal requirements under the GST, you provide all necessary information such as the correct GST registered address, legal name and GSTIN (“GST Information”) so that the AISPL can issue correct GST invoices in accordance with applicable legal requirements. In the event that the GST invoice is incorrect, you will notify us in good time so that the AISPL can correct the GST tax invoice. AISPL determines the place of supply of the Services based on the GST information you provide and charges the GST (CGST and SGST/UTGST or IGST) to its account accordingly. All withholding taxes incurred on fees and charges payable to us are at our expense. You pay the fees and charges of our invoice in full (gross) without withholding tax. If you deposit the applicable withholding taxes on these fees and charges separately with the treasury of the respective State and issue us a withholding tax certificate proving such a deposit, we will refund you an amount equal to the taxes that are proven to have been filed upon receipt of the withholding tax certificate in original form.
1.4. In connection with your use of the Services, you are responsible for managing the licenses and complying with the license terms of the software you are running. If we have reason to believe that your Content violates the law, infringes or misappropriates the rights of third parties, or otherwise violates any material provision of the Agreement (including the Documentation, Terms of Use, or Acceptable Use Policy) (“Prohibited Content”), we will notify you of the Prohibited Content and may request that such Content be removed from or access to it disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notification, we may remove or disable access to the Prohibited Content or suspend the Services to the extent that we cannot remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to Prohibited Content without notice in connection with illegal Content where the Content may interfere with or threaten the Services, or in accordance with applicable law or any judicial, regulatory or other order or request. In the event that we remove your Content without notice, we will notify you immediately, unless prohibited by law. We will terminate the accounts of repeat offenders in reasonable circumstances. This license constitutes a separate agreement between you and the aws licensor without the parties having to take any further action. Licensor AWS grants this License in its own capacity and no other party acts as an agent of Licensor AWS or is able to bind Licensor aws. 5.5.6. For each seller, we collect the data and tax forms necessary to enable compliance with applicable tax laws.
For example, for U.S.-based sellers, we collect and store the seller`s name and address and may collect the tax identification number and other information to the extent necessary to meet the reporting requirements of Form 1099K. For non-U.S.-based sellers, we collect and store a tax Form W-8BEN (which includes name, address, and a signature) as proof that you are exempt from reporting on Form 1099K. For each buyer, we collect and store the name and address of the buyer. Buyers and sellers will not know the name of the other party to the transaction until the transaction is completed. At the end of the transaction, we will notify the seller of the respective buyer`s city, state, and zip code so that the seller can calculate the appropriate tax (if any) to be transferred to the appropriate government agency. We will share the seller`s legal name on the buyer`s invoice. Buyers and Sellers may not use information relating to the Transaction or the other party obtained in connection with a Transaction (“Transaction Information”) for any purpose unrelated to the Transaction. For example, you may not, directly or indirectly: (1) disclose transaction information to third parties unless it is necessary to fulfill your tax or other obligations under these Terms of Use and only if you ensure that each recipient uses the information only for that purpose and complies with such restrictions; (2) use transactional information for marketing or promotional purposes of any kind; (3) use the transaction information in a manner inconsistent with applicable law; (4) contact a party to encourage it to make another sale or purchase; or (5) target communications of any kind based on the fact that the intended recipient is a buyer or seller of the Marketplace. (l) Indemnification – General. You will defend, indemnify and hold us and our affiliates and licensors and each of their respective employees, officers, directors and agents harmless from and against all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys` fees) arising out of or in connection with any third party claims relating to: (i) your downloading, installation, use, reproduction or distribution of the Software. (including in combination with devices, software or other materials), (ii) unauthorized use of the Software or (iii) violation of this EULA or violation of applicable law….