Common use of Using Microsoft Software Clause in Contracts

Using Microsoft Software. As part of the Infrastructure, you may be allowed to use certain software (including related documentation) developed and owned by Microsoft Corporation or its licensors (collectively, the “Microsoft Software”). If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:  The Microsoft Software is neither sold nor distributed to you and you may use it solely as part of the Infrastructure;  You may not transfer or use the Microsoft Software outside the Infrastructure;  You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software;  You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law;  Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Infrastructure;  Microsoft is not responsible for providing any support in connection with the Infrastructure. Do not contact Microsoft for support; and  You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, “High Risk Use”). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.

Using Microsoft Software. As part of 16.7.1 “License Included.” In conjunction with the InfrastructureServices, you may be allowed to use certain software (including related documentation) developed and owned by Microsoft Corporation or its licensors (collectively, the “Microsoft Software”). If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:  • The Microsoft Software is neither sold nor distributed to you and you may use it solely as part of in conjunction with the Infrastructure;  Services. • You may not transfer or use the Microsoft Software outside the Infrastructure;  Services. • You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software;  . • You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law;  . • Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Infrastructure;  Services. • Microsoft is not responsible for providing any support in connection with the InfrastructureServices. Do not contact Microsoft for support; and  . • You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, “High Risk Use”). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function. • SQL Server Web Edition may be used only to support public and Internet accessible Web pages, Web sites, Web applications or Web services. It may not be used to support line of business applications (e.g., Customer Relationship Management, Enterprise Resource Management and other similar applications). 16.7.2 License Mobility with Software Assurance (Bring Your Own License or BYOL). Under this option, Amazon RDS enable you to provision Microsoft SQL Server Software to Amazon EC2 instances and use the management capabilities of Amazon RDS for the SQL Server Software. You can use this benefit if only you meet the requirements and have signed up as described here. 16.7.3 Microsoft is an intended third-party beneficiary of this Section 16.7, with the right to enforce its provisions. 17. Amazon Simple Notification Service (Amazon SNS) 17.1. Amazon SNS from the Asia Pacific (Tokyo) Region is sold and provided by AMCS LLC and not AWS, but is otherwise subject to the terms of the Agreement. 17.2. You may only use Amazon SNS to send notifications to parties who have agreed to receive notifications from you. 17.3. We may throttle or restrict notifications if we determine, in our sole discretion, that your activity may be in violation of the AWS Acceptable Use Policy or the Agreement. 17.4. Your notifications sent through Amazon SNS may be blocked, delayed or prevented from being delivered by destination servers and other reasons outside of our control and there is no warranty that the service or content will be uninterrupted, secure or error free or that notifications will reach their intended destination during any stated time-frame. In addition, you acknowledge that we may not be able to provide the service if a wireless carrier delivering Amazon SNS notifications by short messaging service (SMS) terminates or suspends their service. Your payment obligations may continue regardless of whether delivery of your notifications are prevented, delayed or blocked. 17.5. You may not use Amazon SNS to send SMS messages that include Premium Content (as defined in the Mobile Marketing Association Guidelines). You may not charge recipients for receiving Amazon SNS notifications by SMS unless you have obtained the recipient’s express consent. You must advise recipients receiving Amazon SNS notification by SMS that wireless carriers may charge the recipient to receive Amazon SNS notifications by SMS. You must obtain our prior written consent before using Amazon SNS to send SMS messages for: • financial transactions or payment services (e.g., mobile banking, ▇▇▇▇ presentment, ▇▇▇▇ payment, money transfer, peer-to-peer payment or lending credit, debit or stored value payment services); • charitable programs (e.g., soliciting donations for a non-profit organization); • sweepstakes or contests; • advertisements or promotions for commercial products, goods or services; or • location-based services (e.g., where a recipient receives messages based on the geographical location of the recipient’s wireless device). 17.6. Any third party push notification platform that you use in connection with Amazon SNS is Third Party Content under the Agreement, and features of Amazon SNS that depend on such platforms may not be secure, uninterrupted or error-free. Your use of such push notification platform is subject to the platform’s terms and conditions, and you are solely responsible for complying with those terms and conditions. We may change, discontinue or deprecate support for a push notification platform for any reason at any time. 17.7. You and any of your applications that use Amazon SNS must comply with all laws, rules, and regulations applicable in jurisdictions in which your applications are used. 17.8. Through your use of Amazon SNS you will not: • Transmit any material that contains viruses, Trojan horses, worms or any other malicious, harmful, or deleterious programs.

Using Microsoft Software. As part of In conjunction with the InfrastructureServices, you may be allowed to use certain software (including related documentation) developed and owned by Microsoft Corporation or its licensors (collectively, the “Microsoft Software”). 4.2.1. If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:  • The Microsoft Software is neither sold nor distributed to you and you may use it solely as part of in conjunction with the Infrastructure;  Services. • You may not transfer or use the Microsoft Software outside the Infrastructure;  Services. • You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software;  . • You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law;  . • Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Infrastructure;  Services. • Microsoft is not responsible for providing any support in connection with the InfrastructureServices. Do not contact Microsoft for support; and  . • You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, “High Risk Use”). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function. • Microsoft is an intended third-party beneficiary of this Section 4.2.1, with the right to enforce its provisions. 4.2.2. For any instance running Microsoft Software (each, a “Microsoft Instance”), you may not use nesting, container or similar technologies to sell or resell multiple instances, portion(s) of an instance, or containers running within the Microsoft Instance, unless (a) you are the ultimate end user of the Microsoft Instance, (b) you have supplemented the Microsoft Instance with your own applications, or (c) you have added primary and significant functionality to the Microsoft Instance.

Using Microsoft Software. As part of the Infrastructure, you You may be allowed to use certain software (including related documentation) developed and owned by Microsoft Corporation (“Microsoft”) or its licensors (collectively, the “Microsoft Software”). If you You choose to use the Microsoft Software, Microsoft and its licensors require that you You agree to these additional terms and conditions:  • The Microsoft Software is neither sold nor distributed to you You and you You may use it solely as part of the Infrastructure;  • You may not transfer or use the Microsoft Software outside the Infrastructure;  • You may not remove, modify modify, or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software;  • You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law;  • Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Infrastructure;  • Microsoft is not responsible for providing any support in connection with the Infrastructure. Do not contact Microsoft for support; and  • You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario (collectively, “High Risk Use”). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High High-Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, control but must not be directly or indirectly responsible for the control function.