Terms and Conditions of Use - HPCC Systems Instant Cloud for AWS

January 25, 2012


BETA SITE. NOT YET APPROVED FOR USE.


YOUR USE OF HPCC SYSTEMS INSTANT CLOUD FOR AWS CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF USE. YOU WILL INCUR CHARGES FROM AMAZON WHEN USING THIS SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL SUCH CHARGES.

The HPCC Systems Instant Cloud for AWS software and service (this "Service") is made available by LexisNexis Risk Data Management Inc. d/b/a HPCC Systems ("Provider") and all content, information, services and software provided by or through this Service may be used solely under these terms and conditions ("Terms of Use"). Your use of the Service, which requires Amazon Web Services ("AWS"), must also comply with your separate agreement with Amazon Web Services LLC or its affiliates, which are not affiliated with Provider. You may not use the Service without a properly activated and operating AWS account. Amazon does not endorse or provide technical support for this Service.

1. License

You are granted a limited, non-exclusive, non-transferable, worldwide, revocable license to access and use the Service only for its intended purpose and in accordance with these Terms of Use. Provider may suspend or terminate your Service and this license at any time if Provider believes your use of the Service violates your license. Ownership of this software and all other rights in the Service are reserved by Provider. The purpose of the Service is to install and assist you with managing on AWS your HPCC Systems Community Edition Thor cluster ("Cluster").

2. Account Access

By using the Service, you acknowledge and agree that Provider will use the Amazon Security Credentials you provide to access your account and will do so to fulfill requests you make through this site. Provider does not store your access key, and you will be required to furnish them each time you access this site. Provider will also have access to SSH private keys generated by the site to fulfill your request, but you may delete your SSH keys after your Cluster configuration completes. Provider is not liable for mistakes or errors made to your AWS account including loss of service or loss of data, including loss or misplacement of SSH keys we generate for you. If you do not wish to or cannot give Provider such access it needs to perform the Service based on these Terms of Use, you may choose to instead install and manage your AWS and HPCC Systems Community Edition cluster using other means.

3. HPCC Systems Community Edition Software

This Service and your Cluster use the Community Edition of the HPCC Systems software. By using the Service and your Cluster you accept the terms of the GNU Affero General Public License v3, available at: http://www.gnu.org/licenses/agpl-3.0.html. A copy of the HPCC Systems Community Edition source code is currently available at: http://hpccsystems.com/download/free-community-edition.

4. Responsibility with Use

Between you and Provider, you are fully responsible for using the Service and your Cluster and any charges arising from your use of the Service and your Cluster. Provider assumes no responsibility concerning a third party's functionality, content, software, or other aspect related to the Service or your Cluster. You may use the Service only for lawful purposes and may only load content for which you have sufficient rights to load. You may not use the Service or your Cluster for any unlawful, harmful, wrongful, or malicious purpose, to be determined at the sole discretion of Provider. You will indemnify Provider for any damages incurred or liabilities claimed by a third party arising from your use of the Service or your Cluster, except to the extent the damages are directly caused by an act or omission of Provider.

5. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER OFFERS THIS SERVICE SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DOES NOT WARRANT OR REPRESENT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK.

6. Limitation of Liability

While you may incur charges from other parties when using the Service or your Cluster, Provider does not charge you, and the limitations of liability in this paragraph reflect such bargain between the parties. Provider is not liable for any indirect, special, incidental, consequential, or exemplary damages arising out of or relating to the Service, your use of the Service, and your Cluster, including, but not limited to, damages for lost profits, loss of goodwill, loss of data, and computer failure, even if Provider is advised of the possibility of such damages or liability and regardless of whether the claim arises in contract, tort, or another legal basis. Regardless of the cause of action, in no event will Provider be liable to you for any amounts related to the Service, in the aggregate, above ten US dollars. Provider may cease providing the Service in its sole discretion at any time and without prior notice.

7. Miscellaneous

You may not assign, transfer, or subcontract these Terms of Use or its rights and obligations to any third party without the prior written consent of Provider. If any part of these Terms of Use is held to be unenforceable, the remainder shall remain valid and fully effective. The waiver of any right or obligation by Provider herein shall not be deemed to be a waiver of all of Provider's rights and obligations nor may it be interpreted as a waiver of the right or obligation in the future. These Terms of Use are governed by the laws of the State of Georgia, United States, excluding its conflicts of law rules and without application of the United Nations Convention on the International Sale of Goods. Any lawsuit must be brought exclusively in the state or federal courts located in Atlanta, Georgia. Any amendment or modification of these Terms of Use by you must be in a writing signed by authorized representatives of each party and expressly identifying these Terms of Use. Provider may update these Terms of Use from time to time by updating this site, and your continued use of the Service will be interpreted as your agreement to the revised version. Your use of the Service shall be interpreted as your agreement with these Terms of Use, without modification.