AMAZON WORKDOCS WEB CLIPPER LICENSE AGREEMENT

Updated: July 10, 2014

Please carefully read these Amazon WorkDocs Web Clipper License Agreement, and the Service Terms, Customer Agreement, and Privacy Policy] (collectively, the “Agreement”) as well as the terms of service and privacy policy for the respective websites with which the Amazon WorkDocs Web Clipper is or will be used by you (each an “Applicable Site”). Capitalized terms that are not defined in this Amazon WorkDocs Web Clipper License Agreement have the meanings given them in the AWS Customer Agreement.

By installing, activating, using or otherwise accessing the Amazon WorkDocs Web Clipper, you accept and agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, do not click “Install” and do not install, activate, use or otherwise access the Amazon WorkDocs Web Clipper.

1. Information Collected and Stored by the Amazon WorkDocs Web Clipper

Information collected through the Amazon WorkDocs Web Clipper, which may include personally identifiable information, is subject to the relevant privacy policy for the Applicable Site. You hereby agree that you will abide by the terms and conditions set forth in any applicable privacy policy , and that you will be responsible for your use of the Amazon WorkDocs Web Clipper in violation of such privacy policy.

The Amazon WorkDocs Web Clipper collects and stores information based on your interactions with and use of the features of the Amazon WorkDocs Web Clipper. For example, if you use the Amazon WorkDocs Web Clipper to upload to the Services under your account or otherwise transfer, process, use, or clip and store a copy of a website you are viewing to Amazon’s Services, we will collect and store information such as information about your web browser build, web browser version and operating system version. We use the information to provide the features of the Amazon WorkDocs Web Clipper to you and to troubleshoot technical issues and improve our products and services. In some cases, we may associate that information with your identity and Amazon account information.

2. About the Amazon WorkDocs Web Clipper

 The Amazon WorkDocs Web Clipper is a software application, offered as a toolbar for your web browser, that supplements your online experience by allowing you to upload to Amazon WorkDocs under your account or otherwise transfer, process, use, or clip and store copies of websites you are viewing to Amazon WorkDocs, provided that you also abide by the terms set forth in Amazon’s Acceptable Use Policy. The Amazon WorkDocs Web Clipper may not be compatible with all web browsers or other software applications. The Amazon WorkDocs Web Clipper (together with any updates or upgrades, the “Amazon WorkDocs Web Clipper”) is offered by Amazon Web Services, Inc. (“Amazon”, “we”, “ us” or “our”). Certain Applicable Sites you visit may have their own terms of service that apply to your use of such websites, and your right or ability to use the Amazon WorkDocs Web Clipper in connection with them. You hereby agree that you will abide by the terms and conditions set forth in any Applicable Site’s applicable terms of service , and that you will be responsible for your use of the Amazon WorkDocs Web Clipper in violation of such terms of service.

3. License and Restrictions

Subject to your compliance with the terms of this Agreement, Amazon grants you a non-exclusive, non-transferable, non-sublicensable, limited license to install and use the Amazon WorkDocs Web Clipper on your computer in accordance with this Agreement and any applicable law or regulation in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You may not make copies of or distribute the Amazon WorkDocs Web Clipper or electronically transfer the Amazon WorkDocs Web Clipper from one computer to another or over a network. Except and only to the extent expressly permitted under applicable law, you may not, and may not encourage, assist, or authorize any other person to, modify, reverse engineer, decompile, or disassemble the Amazon WorkDocs Web Clipper, in whole or in part; create any derivative work from or of the Amazon WorkDocs Web Clipper; or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the Amazon WorkDocs Web Clipper. Unless Amazon has given you specific written permission to do so, you may not sublicense, assign, or otherwise transfer the Amazon WorkDocs Web Clipper or your rights to use the Amazon WorkDocs Web Clipper. You may not use the Amazon WorkDocs Web Clipper for any illegal purpose.

 

4. Updates

In order to keep the Amazon WorkDocs Web Clipper up-to-date, Amazon may automatically update or upgrade the Amazon WorkDocs Web Clipper at any time and without notice to you. Further, Amazon may change, suspend, or discontinue the Amazon WorkDocs Web Clipper, or any part of the Amazon WorkDocs Web Clipper without notice or liability. Amazon may in its sole discretion, but has no obligation to, provide you with customer support. If Amazon elects to provide support of any kind, it may terminate that support at any time without notice to you.

5. Government End Users

The Amazon WorkDocs Web Clipper is provided to the U.S. Government as a "commercial Item", “commercial computer software”, “commercial computer software documentation”, and “technical data”, as defined in the U.S. Federal Acquisition Regulation and the U.S. Defense Federal Acquisition Regulation Supplement, with the same rights and restrictions customarily provided to end users.

6. Intellectual Property Ownership

The Amazon WorkDocs Web Clipper is the intellectual property of Amazon and its affiliates and its and their licensors. Except as expressly stated herein, this Agreement does not grant you any intellectual property or other rights in the Amazon WorkDocs Web Clipper, and all rights not expressly granted in this Agreement are reserved by Amazon and its affiliates. If you provide feedback or submit other material to Amazon, you hereby grant to Amazon and its affiliates nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Amazon and sublicensees the right to use the name, if any, that you submit in connection with such content, if they choose. As between you and us, you or your licensors own all right, title, and interest in and to any content or materials you upload to the Services under your account or otherwise transfer, process, use, or clip and store on the Services. Except as provided in this Section 6, we obtain no rights under this Agreement from you or your licensors to any such content or materials, including any related intellectual property rights. You consent to our use of such content or materials to provide the Service Offerings to you and any End Users. We may disclose such content or materials to provide the Service Offerings to you or any End Users or to comply with any request of a governmental or regulatory body (including subpoenas or court orders). You represent and warrant that you own or otherwise control all of the rights to the content and materials that you provide; you have all rights in the content and materials necessary to grant the rights contemplated by this Agreement; that the content and materials are accurate; that use of the content and materials you supply does not violate the conditions of use of the Applicable Site or Amazon’s Acceptable Use Policy, violate the intellectual property rights of any third party, and will not cause injury to any person or entity; and that you will indemnify Amazon, as set forth below, for all claims resulting from content or materials you supply. Amazon takes no responsibility and assumes no liability for any content or materials posted by you or any third party.

7. Termination

You may terminate this Agreement at any time by uninstalling the Amazon WorkDocs Web Clipper. In addition, your rights under this Agreement will automatically terminate without notice from Amazon if you fail to comply with any term of this Agreement or if Amazon discontinues the Amazon WorkDocs Web Clipper. In case of any termination, you must stop using the Amazon WorkDocs Web Clipper. Amazon may also terminate your right to use the Amazon WorkDocs Web Clipper at any time, and in such event may modify it to make it inoperable.

8. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF, AND ANY OTHER ACCESS TO, THE AMAZON WORKDOCS WEB CLIPPER IS AT YOUR SOLE RISK. THE AMAZON WORKDOCS WEB CLIPPER IS DELIVERED TO YOU “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AMAZON AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER AMAZON NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE AMAZON WORKDOCS WEB CLIPPER, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE AMAZON WORKDOCS WEB CLIPPER, EVEN IF AMAZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, AMAZON'S AGGREGATE LIABILITY UNDER THE AGREEMENT WILL BE LIMITED TO $50.00. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

10. Indemnification

You are liable for and will defend, indemnify, and hold harmless Amazon, its licensors and distributors, and each of their respective affiliates and suppliers and their officers, directors, agents, and employees, from and against any liability, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of your: use of the Amazon WorkDocs Web Clipper, including but not limited to any content you supply; violation of this Agreement; violation of applicable law; or violation of any right of any person or entity, including without limitation intellectual property rights.

13. Modification

Amazon reserves the right to modify, suspend, or discontinue the Amazon WorkDocs Web Clipper, or any part of the Amazon WorkDocs Web Clipper, at any time and without notice to you. Amazon will not be liable to you should it exercise such right. Amazon reserves the right to make changes to this Agreement at any time by posting the revised terms on its website and/or notifying you of such changes via the Amazon WorkDocs Web Clipper.

14. Copyright Complaints

Amazon respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the Notice and Procedure for Making Claims of Copyright Infringement set forth in the AWS Site Terms.

15. Miscellaneous Provisions

Amazon's failure to enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights. If any term of this Agreement is found invalid, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining terms.