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
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.
You are granted a limited, non-exclusive, non-transferable,
worldwide, revocable license to access and use the Service only for its
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
choose to instead install and manage your AWS and HPCC Systems
Community Edition cluster using other means.
3. HPCC Systems Community Edition Software
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
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.
its rights and obligations to any third party without the prior written
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
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
by authorized representatives of each party and expressly identifying
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.