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- Добавлено: d. “Buy with AWS” means the AWS Marketplace feature located at https://aws.amazon.com/partners/marketplace/buy-with-aws/, as it may be updated by us from time to time.
- Добавлено: п. 5 5. Buy with AWS.
- Добавлено: a. Grant of License for Use of Buy with AWS Marks. Subject to your compliance at all times to the AWS Agreement and the Seller Terms, we grant you a non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable, limited license to use the Buy with AWS Trademarks (“Marks”), which includes, but is not limited to BUY WITH AWS, TRY FREE WITH AWS, VIEW OFFERS ON AWS, and AVAILABLE IN AWS MARKETPLACE provided to you through the Buy with AWS Brand Guidelines (the “Brand Guidelines”), available at https://partnercentral.awspartner.com and incorporated herein by reference, for the limited purpose of: (i) indicating you are providing customers with the Buy with AWS feature on your web properties and (ii) indicating which of your products are available in connection with the Buy with AWS feature on your web properties and marketing materials. You may not use the Marks except as expressly provided herein. You agree that AWS and/or its affiliates are the sole owners of the Marks and you will do nothing inconsistent with that ownership. All goodwill arising out of your use of the Marks will inure to the sole benefit of AWS and its affiliates. AWS may revoke this license at any time. Upon revocation or termination of this license you shall immediately cease and discontinue all further use of the Marks. This license supersedes any other agreement between you and AWS regarding use of AWS trademarks.
- Добавлено: b. Limitations. This license is conditioned upon your compliance with the Brand Guidelines and the AWS Trademark Guidelines available at https://aws.amazon.com/trademark-guidelines/, both incorporated herein by reference, and any other guidelines we make available to you, which may be updated in our sole discretion from time to time.
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d. “Data Offering”**means an Offering published on AWS Data Exchange that is comprised primarily of data sets or related information, together with associated descriptions of such Content, any technical support you offer for such Offering, and any related marketing or promotion materials; provided, that data sets or related information shared via data grants, including any support or promotion thereof, are not Data Offerings. Стало ** e . “Data Offering ”** means an Offering published on AWS Data Exchange that is comprised primarily of data sets or related information, together with associated descriptions of such Content, any technical support you offer for such Offering, and any related marketing or promotion materials; provided, that data sets or related information shared via data grants, including any support or promotion thereof, are not Data Offerings. -
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e. “Offering(s)”** means any Content or services you Offer through AWS Marketplace located at https://aws.amazon.com/marketplace/, as it may be updated from time to time. Стало ** f . “Offering(s)”** means any Content or services you Offer through AWS Marketplace located at https://aws.amazon.com/marketplace/, as it may be updated from time to time. -
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f. “Professional Service Offering**” means professional services published on AWS Marketplace that are both (a) in connection with or related to AWS services or other AWS Offerings and (b) in one or more of the following categories: (i) technology training courses, (ii) software solution implementation, (iii) assessment consultations for cloud engagement (e.g., compliance assessment, architecture reviews, application portfolio/migration assessments, cost assessments or other related services), (iv) technology support services, and (v) managed services related to a cloud environment. For clarity, other than technical support included with another Offering, any professional services must be offered as a Professional Services Offering. Стало ** g . “Professional Service Offering**” means professional services published on AWS Marketplace that are both (a) in connection with or related to AWS services or other AWS Offerings and (b) in one or more of the following categories: (i) technology training courses, (ii) software solution implementation, (iii) assessment consultations for cloud engagement (e.g., compliance assessment, architecture reviews, application portfolio/migration assessments, cost assessments or other related services), (iv) technology support services, and (v) managed services related to a cloud environment. For clarity, other than technical support included with another Offering, any professional services must be offered as a Professional Services Offering.
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g. “Subscriber(s)”** means any customer(s) subscribed to your Offering(s). Стало ** h . “Subscriber(s)”** means any customer(s) subscribed to your Offering(s). -
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h. “Subscriber Information”** means any data or information to which you have access in connection with AWS Marketplace or any Offering, including data or information concerning any Subscriber, any Transaction, or any use of services offered by AWS with your Offerings. Стало ** i . “Subscriber Information”** means any data or information to which you have access in connection with AWS Marketplace or any Offering, including data or information concerning any Subscriber, any Transaction, or any use of services offered by AWS with your Offerings. -
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i. “Transaction”** means any sale or license of, or granting of access to a Paid Offering, including sale and resale of an Authorized Resale Product. Стало ** j . “Transaction”** means any sale or license of, or granting of access to a Paid Offering, including sale and resale of an Authorized Resale Product. -
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j. “Transaction Proceeds”** means the gross sales proceeds received by us from any Transaction. Стало ** k . “Transaction Proceeds”** means the gross sales proceeds received by us from any Transaction. -
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**g. License
.**You grant us, our Affiliates, and our independent contractors a nonexclusive, worldwide license to: (a) reproduce, distribute, display, transmit, promote, and otherwise digitally make available to Subscribers, your Offerings; and (b) use, reproduce, display, and publish your entity name, logos, and your Offerings in connection with marketing your Offerings and AWS Marketplace. Except as expressly provided in these Seller Terms, these Seller Terms do not grant to you or AWS any right in the other party’s intellectual property. For clarity, we will not pay you any fees where we are using your Offerings for our testing, support, demonstration, or other sales support of your Offerings as necessary to exercise our rights under these Seller Terms. Стало **g. License .** You grant us, our Affiliates, and our independent contractors a nonexclusive, worldwide license to: ( i ) reproduce, distribute, display, transmit, promote, and otherwise digitally make available to Subscribers, your Offerings; and ( ii ) use, reproduce, display, and publish your entity name, logos, and your Offerings in connection with marketing your Offerings and AWS Marketplace. Except as expressly provided in these Seller Terms, these Seller Terms do not grant to you or AWS any right in the other party’s intellectual property. For clarity, we will not pay you any fees where we are using your Offerings for our testing, support, demonstration, or other sales support of your Offerings as necessary to exercise our rights under these Seller Terms. If you are a participant in the AWS Partner Network Program, you are permitted to use certain AWS Marketplace branding assets, including the “Available in AWS Marketplace” badge and other Partner Badges in accordance with, and as defined in, the AWS Partner Network Terms and Conditions and AWS Partner Creative and Messaging Guide. The AWS Trademark Guidelines & License Terms, available at https://aws.amazon.com/trademark-guidelines/, apply to your use of Partner Badges. -
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**c. Billing and Collection.** You will ensure that all fees and charges payable by Subscribers for your Offerings (other than those that allow Subscribers to use an existing license) are billed and collected through us (except any tax invoices you are required to issue in accordance with Section
7(g)), and you will not offer or establish any alternative means of payment; provided that, in the event of Subscriber’s material default of your agreement with Subscriber (including nonpayment after 90 days from the payment due date set forth on Subscriber’s AWS invoice), you will pursue any remedies available to you in your agreement with the Subscriber. You agree that AWS will control the invoice payment (except any taxes you are required to collect in accordance with Section7(g)) and that any tax terms between you and Subscribers will comply with these Seller Terms and the Subscriber’s AWS Agreement. Other than with respect to Data Offerings, we may at our discretion impose limits relating to the value of any Transaction or disbursement, the cumulative value of all Transactions or disbursements during a time period, or the number of Transactions during a time period. We may withhold for investigation, or refuse to process, any of your Transactions that we suspect is fraudulent, unlawful, or otherwise violates these Seller Terms. Стало **c. Billing and Collection.** You will ensure that all fees and charges payable by Subscribers for your Offerings (other than those that allow Subscribers to use an existing license) are billed and collected through us (except any tax invoices you are required to issue in accordance with Section 8 (g)), and you will not offer or establish any alternative means of payment; provided that, in the event of Subscriber’s material default of your agreement with Subscriber (including nonpayment after 90 days from the payment due date set forth on Subscriber’s AWS invoice), you will pursue any remedies available to you in your agreement with the Subscriber. You agree that AWS will control the invoice payment (except any taxes you are required to collect in accordance with Section 8 (g)) and that any tax terms between you and Subscribers will comply with these Seller Terms and the Subscriber’s AWS Agreement. Other than with respect to Data Offerings, we may at our discretion impose limits relating to the value of any Transaction or disbursement, the cumulative value of all Transactions or disbursements during a time period, or the number of Transactions during a time period. We may withhold for investigation, or refuse to process, any of your Transactions that we suspect is fraudulent, unlawful, or otherwise violates these Seller Terms. -
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Sections 2, 3,
8,9and10will survive any removal or disablement under these Seller Terms and the termination or expiration of your AWS Agreement. Стало Sections 2, 3, 9 , 10 and 11 will survive any removal or disablement under these Seller Terms and the termination or expiration of your AWS Agreement.