These Service Specific Terms are incorporated into the agreement under which SDU eScience has agreed to provide its services (as described at https://legal.cloud.sdu.dk/terms/services) to Customer (the “Agreement”). If the Agreement authorizes the resale or supply of SDU eScience services under a partnership or reseller program, then all references to Customer in the Service Specific Terms mean Partner or Reseller (as applicable). Capitalized terms used but not defined in the Service Specific Terms have the meaning given to them in the Agreement.
General Service Terms
Operations of Communications Services. Notwithstanding the telecommunications restrictions section of the Agreement (titled “Restrictions”), Customer may use the Services for hosting capacity in connection with Customer’s provision of telecommunications services to Customer End Users if (a) Customer obtains, maintains, and complies with all necessary regulatory licenses, registrations or other applicable requirements relating to such telecommunications services, and (b) Customer does not use or resell the Services to provide telecommunications connectivity, including for virtual private network services, network transport, or voice or data transmission.
General Software Terms. The following terms apply to all Software:
a. License. SDU eScience grants Customer a royalty-free (unless otherwise stated by SDU eScience), non-exclusive, non-sublicensable, non-transferable license during the Term to reproduce and use the Software ordered by Customer on systems owned, operated, or managed by or on behalf of Customer in accordance with (i) the Agreement, and (ii) if applicable, the Scope of Use. Customer may authorize its and its Affiliates’ employees, agents, and subcontractors (collectively, “Software Users”) to use the Software in accordance with this section (License), so long as Customer remains responsible. Customer may make a reasonable number of copies of the Software for back-up and archival purposes. For clarity, Software does not constitute Services.
b. Documentation. SDU eScience may provide Documentation describing the appropriate operation of the Software, including a description of how Software is properly used, and whether and how the Software collects and processes data. Customer will comply with any restrictions in the Documentation regarding Software use.
c. Compliance With Scope of Use. Within 30 days of SDU eScience’s reasonable written request, Customer will provide a sufficiently detailed written report describing its usage in accordance with the applicable Scope of Use of each Software product used by Customer and its Software Users during the requested period. If requested, Customer will provide reasonable assistance and access to information to verify the accuracy of Customer’s Software usage report(s).
d. Other Warranties and Compliance. Each party represents and warrants that it will comply with all laws and regulations applicable to its provision or use of the Software, as applicable. Customer will: (i) ensure that Customer and its Software Users’ use of the Software complies with the Agreement and the restrictions in the Agreement applying to Customer’s use of the Services; (ii) use commercially reasonable efforts to prevent and terminate any unauthorized access to or use of the Software; and (iii) promptly notify SDU eScience of any unauthorized access to or use of the Software of which Customer becomes aware. If the Software contains open source or third-party components, those components may be subject to separate license agreements, which SDU eScience will provide to Customer. Customer is solely responsible for complying with the terms of any third-party sources from which Customer elects to migrate its workloads onto the Services, and represents and warrants that such third-party sources permit the use of Software to migrate applications away from such sources.
Pre-GA Offerings Terms. SDU eScience may make available to Customer pre-general availability features, services and software, including those that are (a) not yet listed at https://legal.cloud.sdu.dk/terms/services or (b) identified as “Early Access,” “Alpha,” “Beta,” “Preview,” or a similar designation in related documentation or materials (collectively, “Pre-GA Offerings”). Customer’s use of Pre-GA Offerings is subject to the terms of the Agreement applicable to Services (or Software, if applicable), as amended by this Section 3.
Customer may provide feedback and suggestions about the Pre-GA Offerings to SDU eScience, and SDU eScience and its Affiliates may use any feedback or suggestions provided without restriction and without obligation to Customer.
PRE-GA OFFERINGS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND. Pre-GA Offerings (a) may be changed, suspended or discontinued at any time without prior notice to Customer and (b) are not covered by any SLA or SDU eScience indemnity. Except as otherwise expressly indicated in a written notice or the documentation for a given Pre-GA Offering, (i) Pre-GA Offerings may not be covered by TSS and (ii) the Data Processing and Security Terms do not apply to Pre-GA Offerings and Customer should not use Pre-GA Offerings to process personal data or other data subject to legal or regulatory compliance requirements. With respect to Pre-GA Offerings, to the maximum extent permitted by applicable law, neither SDU eScience nor its suppliers will be liable for any amounts in excess of the lesser of (A) the limitation on the amount of liability stated in the Agreement or (B) 25,000 DKK. Nothing in the preceding sentence will affect the remaining terms of the Agreement relating to liability (including any specific exclusions from any limitation of liability). Customer’s access to and use of any Pre-GA Offering is subject to any applicable Scope of Use. Either party may terminate Customer’s use of a Pre-GA Offering at any time with written notice to the other party. Certain Pre-GA Offerings may be subject to additional terms stated below.
Additional Definitions.
“Fees URL” means https://legal.cloud.sdu.dk/skus or a successor URL.
“Scope of Use” means any limits on installation or usage of Services or Software described at the Fees URL or otherwise presented by SDU eScience.