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Service Terms

13.1. As part of AWS Import/Export Disk, you may send physical storage media (the "Media") to us or our affiliates that we or our affiliates will use to either (a) transfer data contained on the Media into supported Services as Your Content, or (b) transfer certain of Your Content to the Media (such data contained on Media either before or after transfer, "Data") and provide the Media to you. You will not deliver to us or our affiliates, and we or our affiliates may refuse to accept any, damaged, defective or unreadable Media or any Media otherwise not shipped in accordance with the Agreement (collectively, "Unsuitable Media"). We or our affiliates may return or dispose of any Unsuitable Media, or erase Data on such Unsuitable Media, and you will reimburse us or our affiliates for any expenses we or our affiliates incur in connection with any Unsuitable Media. If you request and we or our affiliates return Unsuitable Media to you, you agree that we or our affiliates will select the shipping carrier and handling standards for return of such Unsuitable Media in our sole discretion, and the carrier and standards may not be the same as (and may cost more than) those we or our affiliates use for shipping media in connection with AWS Import/Export generally. For avoidance of doubt "Media" includes "Unsuitable Media".

13.2. As part of AWS Snowball, we or our affiliates will ship you an agreed upon number of "Snowball" hardware appliances (each an "Appliance") and provide you with access to the AWS Snowball Client (together with the software contained on the Appliance, and any updates or upgrades to the foregoing, the "Snowball Software"). You agree that you will not allow any Appliance to leave the United States state or non-U.S. country to which the Appliance is shipped until you provide it (in the same U.S. state or non-U.S. country) to a carrier for redelivery to us or our affiliates. After you receive an Appliance, you may (a) transfer data onto the Appliance for upload by us or our affiliates into a supported Service as Your Content after you return the Appliance, (b) transfer data you requested we copy to the Appliance onto your own systems, and provide the Appliance to the carrier for return to us or our affiliates (such data or Your Content in (a) or (b) contained on Appliances before, during, or after transfer, also "Data"), or (c) if using a "Snowball Edge" Appliance as described on the Site, transfer Data onto the Appliance and use the Appliance for certain computing workloads as described in the Documentation. We or our affiliates may require that Appliances be returned to us or our affiliates at any time for any reason, including for repair and replacement, and you will promptly return such Appliances to us or our affiliates. Appliances collect and provide us or our affiliates with metrics regarding the use of Appliances, including without limitation boot times, size of transferred files, duration of transfers, and errors or timeouts. These metrics may be associated with your account ID, and we or our affiliates may use these metrics to provide, maintain, and improve the quality and feature set of the Service Offerings.

13.3. As part of AWS Snowmobile, we or our affiliates will transport a containerized data center and networking equipment (collectively, "Snowmobile"), and, in certain cases, auxiliary power and chilling units, to a designated transfer location (the "Transfer Site"). The Snowmobile, power generator, chiller unit, related vehicles, and all software provided in connection with the foregoing are collectively "Snowmobile Materials." You will cooperate with us or our affiliates to meet all requirements for deploying Snowmobile Materials, including surveying, securing and maintaining the Transfer Site, obtaining all necessary licenses and permits for operation of the Snowmobile Materials at the Transfer Site, and allowing access for us and our affiliates' employees, subcontractors, and agents (collectively, "Snowmobile Personnel") to setup, maintain, inspect, repair, operate and remove Snowmobile Materials. After Snowmobile Materials are deployed, you may transfer data onto the Snowmobile (such data contained on the Snowmobile before, during, or after transfer, also "Data"). Once the transfer is complete, authorized Snowmobile Personnel will transport the Snowmobile to the selected AWS region for upload of Data into a supported Service as Your Content.

13.4. You will comply with all specifications and documentation for AWS Import/Export as provided and updated by us or our affiliates from time to time, including shipping and encryption requirements, the AWS Import/Export Disk Pack and Ship Check List, the AWS Snowball User Guide, and any documentation on the Site or an Appliance.

13.5. You will be solely responsible for all shipping and handling costs (which may include costs of freight and transit insurance) for shipping Media and Appliances to or from us or our affiliates. For AWS Import/Export Disk, we or our affiliates may pay some reasonable return shipping charges as described on the AWS Import/Export Disk section of the Site. You are responsible for payment of all customs, duties, taxes and other charges in connection with Media and Appliances being shipped to or from us or our affiliates. Use of AWS Import/Export may require or allow use of supported Services, which are subject to the applicable terms of this Agreement. You are responsible for the separate fees you accrue for Services.

13.6. For AWS Import/Export Disk, you will bear the entire risk of loss of, or damage to, any Media while in transit and you are solely responsible for obtaining insurance at your expense. For AWS Snowball, you are responsible for any damage to, an Appliance after it has been delivered by the carrier to your address until the carrier accepts the Appliance for delivery back to us or our affiliates, and we or our affiliates may charge you the cost of fixing such damage. For Appliances that are not Snowball Edge Appliances, we may charge you $7,500 USD (or the INR equivalent) if the Appliance is lost or irreparably damaged after it has been provided to you until the carrier accepts the Appliance for delivery back to us or our affiliates, or if you do not provide the Appliance to the carrier for return to us or our affiliates within 90 days of the date it was delivered to you. For Snowball Edge Appliances, we may charge you $15,000 USD (or the INR equivalent) if the Appliance is lost or irreparably damaged after it has been provided to you until the carrier accepts the Appliance for delivery back to us or our affiliates, or if you do not provide the Appliance to the carrier for return to us or our affiliates at our request. For avoidance of doubt, amounts charged under this section do not limit your liability under this Agreement. For AWS Snowmobile, you are responsible for any damage to, or loss of, Snowmobile Materials once they arrive at the Transfer Site until the Snowmobile Materials depart the Transfer Site under the supervision of authorized Snowmobile Personnel. You may not allow Snowmobile Materials to leave the Transfer Site other than under the supervision of authorized Snowmobile Personnel.

13.7. You will retain title to any Media and Data we or our affiliates receive from you and store on any Service (or provide to you upon your request) as part of AWS Import/Export. You supply us or our affiliates with Media and Data, and you use Media, Appliances, Snowball Software, and Snowmobile Materials entirely at your own risk. You should back-up Data prior to transfer onto an Appliance, Snowmobile or Media and prior to delivery to us or our affiliates, and you should not delete any of Your Content on any Service before transferring such content from an Appliance, Snowmobile or Media onto your own systems. Your Data should not include live or production data or any other data that you are not prepared to lose. We and our affiliates are not responsible for and will not be held liable for any delay, damage or loss incurred in connection with AWS Import/Export, including without limitation loss, damage, destruction or misuse of any Data or any systems or equipment used in connection with AWS Import/Export. Our confirmed receipt of delivery or notification of shipment or transport does not: (a) indicate or imply that any Media, Appliance, Snowmobile Materials, or Data has been or will be delivered or was received free of loss, damage or destruction, or that any loss or damage to, or any destruction of, any Media, Appliance, Snowmobile Materials, or Data later discovered is not your responsibility; (b) indicate or imply that we or our affiliates actually received the number of units of Media or Appliances specified by you for such shipment; or (c) waive, limit or reduce any of our or our affiliates' rights under the Agreement. We and our affiliates reserve the right to impose, and change, from time to time, limitations on the delivery of your Media or Data, and you will comply with any of these restrictions or limitations.

13.8. You represent that you have all necessary rights to (a) provide the Media and/or Data (whether contained on an Appliance, Media or Snowmobile) to us or our affiliates for upload into supported Services, (b) receive Appliances and/or Snowmobiles and use them as permitted by us, (c) transfer Data to the Media, Appliance or Snowmobile, and (d) authorize our transfer of any Data specified by you to the Media, Appliance or Snowmobile and to you. Without limiting the foregoing, if Data includes personal information, personally identifiable information, personal data, any information about a person or individual, or any other data covered by applicable law or regulation, you represent that you have obtained all necessary rights to transfer such Data to or from the AWS region you select, and you will comply with all of your obligations with respect of such Data as required by applicable law or regulation, which may include obtaining consent of the subjects of such Data. We may reproduce Data as necessary to transfer it between Media, Appliances or Snowmobiles and supported Services.

13.9. IN ADDITION TO THE DISCLAIMERS IN THE AGREEMENT, WE AND OUR AFFILIATES HEREBY DISCLAIM ANY DUTIES OF A BAILEE OR WAREHOUSEMAN, AND YOU HEREBY WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR (WHETHER ARISING UNDER COMMON LAW OR STATUTE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE OR SHIPMENT OF MEDIA OR DATA BY US OR OUR AFFILIATES OR ANY OF OUR OR THEIR CONTRACTORS OR AGENTS. YOU ARE SOLELY RESPONSIBLE FOR APPLYING APPROPRIATE SECURITY MEASURES TO YOUR DATA AND YOUR USE OF MEDIA, APPLIANCES AND SNOWMOBILE MATERIALS, INCLUDING ENCRYPTING SENSITIVE DATA AND NOT ALLOWING UNAUTHORIZED ACCESS TO ANY MEDIA, APPLIANCE OR SNOWMOBILE.

13.10. In addition to your indemnification obligations under the Agreement, you agree to indemnify, defend and hold us, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys' fees), arising out of or in connection with any claim arising out of the Media, Data, and your use of Appliances, Snowball Software or Snowmobile Materials, including (a) any personal injury, death or property damage (tangible or intangible) related to the foregoing; (b) any sales, goods and services, use, excise, import, export, property, value added or other taxes or duties assessed or imposed on us or our affiliates in connection with or as a result of the storage, shipping or other actions taken by you or us or our affiliates with respect to your use of AWS Import/Export; or (c) any legal or regulatory violation, arising under the laws or regulations of any country (including without limitation privacy regulations), related to your use of AWS Import/Export.

13.11. Once AWS Import/Export services are complete, we or our affiliates will return the Media to you or destroy Unsuitable Media, delete Data from the Appliance, or delete Data from the Snowmobile, as applicable. We or our affiliates may return Media to you for any reason, including upon termination of the Agreement or the AWS Import/Export Service. Returned Media will be sent to your designated shipping address. Media shipped to us or our affiliates for import into or export from supported Services in the EU (Ireland) Region must originate from and be returned to an address within the European Union or the European Economic Area. If we are unable to return Media to you due to any issue with your address or Media, we will attempt to notify you, and you will have thirty (30) calendar days from the date we provide notification to resolve the issue. If the issue is not resolved, the Media will be deemed Unsuitable Media subject to disposal, and we or our affiliates may erase Data and dispose of Media in any manner, and we and our affiliates have no obligation to reimburse or compensate you in connection with such erasure or disposal.

13.12. Notwithstanding anything to the contrary in the Agreement, you may give agents and subcontractors of your choosing access to the private key associated with your AISPL account solely for the purpose of (a) preparing Data for import, export or processing using AWS Import/Export or (b) confirming the integrity of Data imported, exported or processed using AWS Import/Export. You remain fully responsible for and indemnify us and our affiliates for all activities undertaken by such third parties under your account. Other than as specifically set forth in this section, all terms and conditions of the Agreement continue to apply to your use of the Services.

13.13. The Appliances, Snowmobile Materials, Snowball Software and all other proprietary information, know-how, programming, software, trademarks, trade secrets, plan drawings, requirements, specifications, designs, and patterns furnished or created by us, our affiliates or our agents or contractors and all property rights embodied therein are and will remain the sole property of us or our affiliates at all times. Except as explicitly stated, at no point do we or our affiliates sell, rent, lease or transfer any ownership or other rights to the Appliance or Snowmobile Materials to you. You may not use the Appliance or Snowmobile Materials in any manner not expressly permitted herein. Without limiting the foregoing, you will not (or attempt to), and will not permit or authorize third parties to (or attempt to), (a) reverse engineer, disassemble, or decompile the Appliance or the Snowball Software or Snowmobile Materials or apply any other process or procedure to derive the source code of any Appliance, Snowball Software or Snowmobile Materials; (b) scan, x-ray, open, modify, alter, disassemble or otherwise attempt to view the inside of or tamper with the Appliance or Snowmobile Materials; (c) access, move or relocate the Snowmobile Materials in any way; or (d) circumvent or disable any features or measures in the Appliance, Snowball Software or Snowmobile Materials. Snowball Software contained on Appliances is a "Service Offering" and your use of such Snowball Software is governed by the applicable terms of the Agreement. Your use of the AWS Snowball Client and any downloadable Snowball Software is governed by the licenses included with such Snowball Software.

13.14. We or our affiliates will be responsible for monitoring, maintaining, repairing, and updating components of the AWS Snowball service, including Snowball Software and Appliances. You will return all Appliances to us or our affiliates regardless of the external condition of the Appliance and even if you believe the Appliance may be damaged or non-functional. Although the used Appliance is not waste electrical and electronic equipment, and you will not be the final user of the Appliance, for the avoidance of doubt you understand that the Appliance is not to be disposed of as waste electrical and electronic equipment, including as unsorted municipal waste or in any other waste collection process, that your return of the Appliance to us or our affiliates according to the terms of the Agreement will contribute to extension of the useful life of the Appliance and its responsible handling and recycling by us or our affiliates when it reaches its end of life, and that the disposal or improper handling of the Appliance, as with other electrical and electronic equipment, could have potentially adverse effects on the environment and human health as a result of the presence of hazardous substances in such equipment. For avoidance of doubt, the terms of this section also apply to internal batteries included within Appliances. You are not permitted to access, move or relocate the internal batteries of Appliances. The Appliance is marked with a crossed-out wheelie bin symbol to reflect these requirements and in compliance with waste-related regulatory requirements in certain jurisdictions.

13.15. For AWS Import/Export Disk, we and our affiliates will not act as the importer of record for your shipments of Media or Data. If we or our affiliates are importing or exporting your shipments of Media or Data into the Asia Pacific (Singapore) Region, you will not act as the importer of record and you represent and warrant that: (a) You are not a resident of Singapore; (b) You have a business establishment or fixed establishment outside of Singapore and not in Singapore; (c) You are domiciled outside Singapore if you have no business or fixed establishment in any country; and (d) You are not registered or required to be registered for GST in Singapore.

You will notify us if, at any time, you are using the AWS Import/Export Disk service to ship Media or Data into the Asia Pacific (Singapore) Region and you are not acting as the importer of record, and you become unable to make any of the above representations and warranties.

If you are not acting as the importer of record on your shipment of Media or Data to the Asia Pacific (Singapore) Region, then the Media or Data must (i) be returned to a location outside of Singapore, (ii) be exported on an FCA basis; and (iii) you must be importer of record in the country that the Media or Data is returned to.

13.16. You are responsible for complying with all applicable data protection, import, re-import, export, and re-export control laws, including any applicable license requirements, and country-specific sanctions programs. Without limiting the foregoing, you are solely responsible for compliance related to the manner in which you use Appliances, Media, Snowball Software or Snowmobile Materials, including your transfer, upload, and download of your data, goods, software, or technology and the provision of your data, goods, software, or technology to End Users. You are responsible for serving as the exporter and importer of record (as applicable) for your Media, data, goods, software, or technology, and you accept that we and our affiliates will not participate in the export or import procedure. If you are using Appliances, Media Snowball Software, or Snowmobile Materials for dual use items in the European Union, you represent that you, or the legal entity you represent, are "established" in the European Union; or, if you are not "established" in the European Union, that you will not upload, request that we download, or export such dual-use items outside the European Union. If you are using Appliances, Media, Snowball Software or Snowmobile Materials in the European Union for military items, you represent that you, or the legal entity you represent, are permitted by the Member State of your incorporation to upload, request that we or our affiliates download or export any such military items from that Member State, and it is a condition of this Agreement and your use of AWS Import/Export that you are so permitted.

13.17. We or our affiliates may provide you with custom air filters for use with Appliances ("Filters"). Filters are provided “as is”, and we and our affiliates make no representation or warranty regarding Filters. Except to the extent prohibited by law, we and our affiliates expressly disclaim all warranties of any kind related to Filters, including any implied warranties of merchantability, quality, or fitness for a particular purpose. You use Filters entirely at your own risk. We and our affiliates are not responsible and will not be liable for any loss, damage, destruction or misuse of any systems or equipment you use in connection with Filters, including without limitation Appliances.

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