McObject AWS End User License Terms
TERMS AND CONDITIONS REGARDING USE OF MCOBJECT SOFTWARE
This document governs the use of McObject software, which may include associated media, printed materials, and “online” or electronic documentation (individually and collectively, “Products”) provided by Amazon Web Services, Inc. (hereinafter referred to as “Customer”). Customer does not own the products and the use thereof is subject to certain rights and limitations of which Customer must inform you. Your right to use the products is subject to the terms of your agreement with Customer, and to your understanding of, compliance with, and consent to the following terms and conditions, which customer does not have the authority to vary, alter, or amend.
1. DEFINITIONS.
“Client Software” means software that allows a Device to access or utilize the services or functionality provided by the Server Software.
“Device” means each of a computer, workstation, terminal, Handheld PC, pager, telephone, personal digital assistant, “smart phone,” server or other electronic device capable of accessing or utilizing the services or functionality provided by the Server Software.
“Server Software” means software that provides services or functionality on a computer acting as a server.
“Software Documentation” means any end user document Included with server software.
2. OWNERSHIP OF PRODUCTS. Customer is authorized by McObject LLC to host the Server Software. All title and intellectual Property rights in and to the Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Products) are owned by McObject or its suppliers. The products are protected by copyright laws and international copyright treaties. Your possession, access or use of the Products does not transfer any ownership of the Products or any intellectual property rights to you.
3. USE OF CLIENT SOFTWARE. You may use the Client Software installed on your Devices by Customer only in accordance with the instructions, and only in connection with the services, provided to you by Customer. The terms of this document permanently and irrevocably supersede the terms of any McObject License Agreement that may be presented in electronic form during your use of the Client Software.
4. INDEMNIFICATION (BY YOU). You agree to indemnify and hold McObject and Our officers, directors, employees and agents harmless from all liabilities, damages, costs or expenses, including without limitation reasonable attorneys’ fees, claimed by any third party and awarded against McObject or incurred or suffered by McObject, arising out of the use or inability to use the Authorized System or out of the marketing, sale, distribution, or sub-license of the Products and Authorized System by You or Your associates or employees, provided We notify You promptly and give You complete authority and information required for defense or settlement. We must cooperate fully with You and render all assistance reasonably required by You in Our defense.
5. COPIES. You may not make any copies of the Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by Customer.
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such.
7. NO RENTAL. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Products except for the sole purpose of accessing the functionality of the Products in the form of software services in accordance with the terms of this agreement and any agreement between you and Customer.
8. TERMINATION. Without prejudice to any other rights, Customer may terminate your rights to use the Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with Customer or Customer’s agreement with McObject under which the Products are licensed, you must stop using and/or accessing the Products, and destroy all copies of the Products and all of their component parts.
9. NO WARRANTIES, LIABILITIES OR REMEDIES BY MCOBJECT. ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY CUSTOMER AND NOT BY MCOBJECT, ITS AFFILIATES OR SUBSIDIARIES.
10. PRODUCT SUPPORT. Any support for the Products is provided to you by Customer and is not provided by McObject, its affiliates or subsidiaries.
11. INDEMNIFICATION (BY US). McObject will defend, indemnify and hold You harmless from costs of any final settlement, costs awarded by a United States court of competent jurisdiction and damages You incur arising out of an action alleging that a) the Products constitute an infringement of any United States patent, copyright, trade secret, trademark or other intellectual property right of a third party; or b) the use of the Products in a manner consistent with Our Documentation constitutes an infringement of any United States patent, copyright, trade secret, trademark or other intellectual property right of a third party; and provided that We are notified promptly and given complete authority and information required to defend or settle the action. In the event that the Products, or any part thereof, are in Our opinion likely to become, or do become, the subject of a claim for United States patent, copyright, trade secret, trademark or other intellectual property right infringement, We will, in full discharge of Our obligations to You, at Our option and expense either a) procure for You the right to continue using the Products; or b) modify the Products, affected by the claim, to make them non-infringing or modify any trademark, or trade name affected by the claim to make it non-infringing without affecting the utility of the Products to You. McObject will have no liability under this Agreement with respect to any claim based on use of the Products in combination with products not purchased or licensed under this Agreement where use of the Products alone would not infringe.
12. EXPORT RESTRICTIONS. The Products are subject to U.S. export jurisdiction. Customer must comply with all applicable laws including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
13. LIABILITY FOR BREACH. In addition to any liability you may have to Customer, you agree that you will also be legally responsible directly to McObject for any breach of these terms and conditions.