Third Party Terms

Last Updated: January 22, 2026

From time to time, We may provide You with the option of using certain Third Party Products in connection with the Services. Some of these Third Party Products require that We require that You accept certain corresponding legal terms and conditions as a condition of Your using the applicable Third Party Products.

These Third Party Terms identify the Third Party Products for which We are required to flow legal terms to You. These Third Party Terms are incorporated by reference into the Terms of Service. Any capitalized terms not defined in these Third Party Terms have the meanings given to them in the Terms of Service.

By using any of the following Third Party Products made available through Us in connection with the Services, You agree to be bound by the terms for that Third Party Product described below. If You do not agree to the terms for any Third Party Product, or if You do not have the authority to accept the terms for that Third Party Product, You may not use that Third Party Product.

• Broadcom. If You license a Broadcom product or service through Us, You must agree to the terms located at the following website: https://www.broadcom.com/company/legal/licensing. Notwithstanding the foregoing, the terms in the end user agreement available at this link governing payments, pricing, delivery, and discounts do not apply to You, as such terms are between You and Us and not between You and Broadcom.
• cPanel. If You license a cPanel product or service through Us, You must agree to the terms located at the following website: https://cpanel.net/legal-notices/, including the End User License Agreement (EULA) located at: https://cpanel.net/wp-content/themes/cPbase/assets/docs/legal-agreements/cpanel-whm-eula-10.05.2023.html.
• CentOS. If You license a CentOS product or service through Us, You must agree to the terms located at the following website: CentOS Project Licensing Policy.
• Linux Rocky. If You license a Linux Rocky product or service through Us, You must agree to the terms located at the following website: Licensing | Rocky Linux.
• Linux Alma. If You license a Linus Alma product or services through Us, You must agree to the terms located at the following website: AlmaLinux OS - Forever-Free Enterprise-Grade Operating System.
• Logs Data Platform. If You license Logs Data Platform (LDP) from Us, You must agree to the terms set forth in Appendix A attached hereto.
• Harbor (provided as part of the Managed Private Registry service). If You license the Managed Private Registry Service through Us, the Harbor elements of the Managed Private Registry Service are licensed to use under the Apache 2.0 license, available here Apache License, Version 2.0.
• HYCU If You license a HYCU product or service through Us, You must agree to the terms set forth in Appendix B attached hereto.
• Microsoft. If You license a Microsoft product or service through Us, You must agree to the terms set forth in Appendix C attached hereto.
• MongoDB. If You license a MongoDB product or service through Us, You must agree to the terms set forth in Appendix D attached hereto.
• Nutanix Bring Your Own License. You may use certain Third Party Products developed by Nutanix on the Services using Our computer hardware that is certified by Nutanix as interoperable with Nutanix’ software and products (“Certified Hardware”). Except in connection with the Preview License described below, You are responsible for: (a) obtaining a license to use any Nutanix software and products directly from Nutanix or an authorized reseller of Nutanix’ software and products; and (b) upgrading, updating, patching and otherwise maintaining any Nutanix software and products that You may use and/or install on the Certified Hardware. In connection with Your use of Nutanix’ software and products in connection with the Services, We are only responsible for maintaining the associated Certified Hardware that You may purchase, subject to the application terms of the Terms of Service.
  
  Preview License. You may receive through Us a Preview license to evaluate Nutanix’ products and services for a limited period in a non-production environment (“Preview License”). The legal terms and conditions governing the Preview License are specified here: https://www.nutanix.com/legal/eula. If You do not agree to these terms and conditions or if You do not have the authority to accept these terms and condition You may not use the Preview License.
  
  No Additional Warranty. We offer no warranty to You in connection with Your use of Nutanix’ software and products. Our sole warranty in connection with Your using Nutanix’ software and products is the warranty, if any, specified in the Terms of Service that is associated with the Certified Hardware that You may purchase and on which You use Nutanix’ software and products.
  
  Nutanix Software Service. Prior to using Nutanix software licenses purchased through Us, You must read and comply, for the duration of Your license to use the Nutanix software products and services that You purchase through Us, with the end user license agreement available here: https://www.nutanix.com/legal/eula ("EULA").
  
  If You fail to comply with the EULA, You must indemnify and hold Us harmless from and against any liability in the event of any third party claim in this regard.
• OpenStacks Octavia Load Balancer and OpenStacks Neutron Open vSwitch for the Gateway (provided in connection with Public Cloud Service Load Balancer). If You use the Load Balancer service provided in connection with Our Public Cloud Service offering, You must agree to use the OpenStacks Octavia Load Balancer and OpenStacks Neutron Open vSwitch for the Gateway software provided as part of this service pursuant to the license terms and restrictions available at the following site: https://www.apache.org/licenses/LICENSE-2.0.txt.
• Proxmox. If You license a Proxmox product or service through Us, You must agree to the terms located at the following website: GNU Affero General Public License - GNU Project - Free Software Foundation.
• Veeam. If You license a Veeam product or service through Us, You must agree to the terms located at the following website.
• VMware. If You use any Services that are enabled by a VMware product or service, You must agree to the applicable terms located at the following website.

Not Exclusive. These Third Party Terms are not the sole legal terms that may apply to the Third Party Products that You may use in connection with the Services. You are responsible for reviewing, accepting and complying with any legal terms and conditions applicable to any Third Party Products that You may use in connection with the Services. Without limiting the generality of the foregoing, the Third Party Products that You may elect to receive through Us may include software made available under open source licenses (the “Open Source Software”). To the extent required by the applicable open source licenses, the terms and conditions associated with the Open Source Software shall apply to the Open Source Software in lieu of the terms and conditions of the Terms of Service. Notwithstanding anything to the contrary in this Agreement, We make no warranty in respect of Open Source Software, and We accept no liability in respect of Open Source Software.

Appendix A - LDP

Various third party elements are incorporated into LDP which are subject to the specific terms and conditions noted below. Your use of these third party elements of LDP are subject to the applicable terms described below.

Appendix B - HYCU

TERMS AND CONDITIONS REGARDING THE USE OF HYCU INC. SOFTWARE

IMPORTANT
UPON PURCHASE OF AND PAYMENT FOR THE SOFTWARE LICENSE AND SUPPORT SERVICES, USE OF THE SOFTWARE IS SUBJECT TO THE HYCU, INC. ("HYCU") SOFTWARE LICENSE AND SUPPORT SERVICES TERMS AND CONDITIONS ("TERMS") SET FORTH BELOW. USING THE SOFTWARE INDICATES THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF END CUSTOMER ("LICENSEE") AND THAT THE END CUSTOMER AGREES WITH THESE TERMS. READ THESE TERMS BEFORE ELECTRONICALLY DOWNLOADING THE SOFTWARE, INSTALLING THE SOFTWARE, CLICKING ON THE "YES" BUTTON OR ENTERING "I AGREE" IN RESPONSE TO THIS TERMS INQUIRY. ANY OF THE ABOVE ACTIONS INDICATE ACCEPTANCE OF, AND LEGALLY BINDS LICENSEE AND HYCU TO THE TERMS SET FORTH BELOW. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU AS THE LICENSEE, RETURN THE ENTIRE SOFTWARE PACKAGE UNUSED, INCLUDING THE DOCUMENTATION.

1. DEFINITIONS
   1. "HYCU" means HYCU, Inc., including its related parties and affiliates, where: related party and/or affiliate means a company, corporation, partnership, joint venture or other entity controlling, controlled by or under common control with HYCU, now or in the future; and control means the power to directly or indirectly choose the management and policies of an entity whether through the ownership of voting securities of such entity, by contract or otherwise.
   2. "DOCUMENTATION" means such manuals and other standard end user and technical documentation that HYCU ordinarily makes available with Software, including amendments and revisions thereto.
   3. "EOL" or "End of Life" means end of the useful life of a version of the Supporting Operational Platform or version of a Target Environment, in the meaning of manufacturer stops marketing, selling, or rework sustaining it.
   4. "INVOICE" means an invoice or accompanying documentation, specifying Software and Support Services provided to the Licensee, that HYCU or reseller of HYCU issues to the Licensee.
   5. "LICENSE CERTIFICATE" means a document issued by HYCU or its reseller to Licensee, specifying the use limits of the Software against the Target Environment
   6. "LICENSE FEE" means the fee or fees designated to Licensee by HYCU or reseller of HYCU in consideration for grant of the Software License and which is stated in the Invoice.
   7. "SOFTWARE" means the latest version of HYCU software products in binary form as stated in the Invoice and their related Documentation, which is installed to interact with Target Environment including any Updates that HYCU may provide.
   8. "SOFTWARE LICENSE" means the right to Use the Software which is granted to Licensee according to the Section 2 of these Terms. Each Software License is subject to corresponding License Fee as stated in the Invoice.
   9. "SUBSCRIPTION TERM" means period within which Licensee is granted a license to the Software, in accordance with these Terms.
   10. "SUPPORTING OPERATIONAL PLATFORM" means operational infrastructure required for the Software to operate.
   11. "SUPPORT SERVICES" means the maintenance and support services that HYCU shall provide according to Section 3 of these Terms during the Subscription Term.
   12. "SUPPORTED VERSIONS" means the most current version of the Software and the release immediately preceding the most current version of the Software.
   13. "TARGET ENVIRONMENT" means an operational infrastructure that Software interacts with, in order to deliver intended functionality.
   14. "UPDATES" means changes, errors and defect corrections, patches and minor enhancements of Software with respect to the functionality or performance of the Software, which HYCU makes generally available from time to time as part of Support Services. Updates shall not include Upgrades.
   15. "UPGRADES" means the changes to Software, which HYCU makes generally available from time to time and which contain substantial and significant Updates, or other substantial changes in functionality or performance as compared to the previous version (if any), and which is designated by HYCU by a number on the left of the decimal point (e.g. version X.0). Upgrades are treated as a new version of the Software and may be separately priced.
   16. "USE" means the normal use of Software according to the Documentation. All other rights are reserved unless otherwise specified in these Terms. This means that copying, modifications, distribution, sub-licensing, renting, leasing, publicly displaying or any other way of use is not allowed.
2. LICENSE
   1. GRANT OF LICENSE
      In return for the License Fee, HYCU grants Licensee a non-exclusive and non-transferable license to Use the version of the Software listed in the Invoice in accordance with these Terms, including Support Services as defined in section 3. Support. HYCU grants Licensee a license to use the Software up to the limit stated in the License Certificate. All Software Licenses shall be temporary and valid within Subscription Term. License might be terminated under the Section 2.3 herein.
   2. GENERAL LICENSE TERMS
      1. Updates or other minor enhancements of the Software are available as part of Support Services.
      2. HYCU reserves the right to require additional licenses and fees for Use of the Software against an upgraded Target Environment.
      3. The Software is owned and copyrighted by HYCU and/or its Affiliates and/or its licensors. Licensee has no rights in the Software except as explicitly stated in these Terms. These Terms confer no title or ownership and are not a sale of any rights in the Software or the media on which they are recorded or printed. Third party suppliers may protect their rights in the Software in the event of any infringement.
      4. Licensee shall not disassemble, decompile or reverse engineer the Software without HYCU's prior written consent and/or if allowed by the applicable law. Where Licensee has other rights under statute, Licensee will provide HYCU with reasonably detailed information regarding any intended disassembly or de-compilation.
   3. HYCU may terminate this Software License upon notice of failure to comply with any applicable Term. This Software License shall also be terminated with immediate effect in case of insolvency procedures of Licensee. Immediately upon termination, the Software and all copies of the Software will be destroyed or returned to HYCU. Copies of the Software that are merged into Licensee's Software, except for individual pieces of data in Licensee's or transferee's data base, will be removed and destroyed or returned to HYCU.
   4. Licensee who exports, re-exports or imports HYCU licensed products, technology or technical data purchased hereunder, assumes all responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations. HYCU may suspend performance if Licensee is in violation of any applicable laws and/or regulations.
   5. PROVIDED THAT THE LICENSE FEE HAS BEEN PAID FOR AND THAT THE SOFTWARE IS RUNNING UNDER THE CERTIFIED ENVIRONMENTS SPECIFIED IN THE RELEASE NOTES AND OTHER DOCUMENTATION FOR THAT SOFTWARE, HYCU WARRANTS THAT THE SOFTWARE SHALL WORK IN ACCORDANCE WITH SPECIFICATIONS. WARRANTY PERIOD SHALL BE 10 DAYS. THE FOLLOWING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS OR PROMISES TO LICENSEE OR ANY THIRD PARTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING BY STATUE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE OR TRADE USAGE REGARDING THE SOFTWARE. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE AND SUPPORT SERVICES ARE PROVIDED "AS IS".
3. SUPPORT
   1. SUPPORT SERVICES
      1. HYCU shall support Supported Versions according to technical support and maintenance as defined in this Section, within Subscription Term and upon payment of agreed License Fee.
   2. SOFTWARE TECHNICAL SUPPORT
      1. All Support requests shall be addressed to HYCU reseller which will be HYCU main point of contact for Support requests. Licensee shall contact HYCU reseller in accordance with the terms of its own support contract signed with reseller. In any cases, Support Services on HYCU Software included herein only cover remote assistance in English language for the term of the License as stated on the Invoice.
      2. All additional assistance provided by HYCU, including, but not limited to, on-site implementation, training, custom programming, data conversion and consulting shall be charged at HYCU's then-current standard consulting rates.
      3. HYCU shall use commercially reasonable efforts to remedy any reproducible Error (as defined below) in the Software reported in writing by Licensee through HYCU reseller in accordance with the severity levels set forth below.
      4. "Error" shall mean a material failure of the Software to conform to its functional specifications as described in the applicable Documentation, which failure is demonstrable in the environment for which the Software was designed and causes it to be inoperable, to operate improperly in the environment for which it was designed, or produces results different from those described in the applicable Documentation. The specific severity levels are set forth below; HYCU shall determine the severity level of reported Errors. HYCU shall respond within the times according to the severity level and this response will inform Licensee through reseller of the action plan to seek resolution. HYCU will, in addition, provide to reseller regular status updates. Failure resulting from Licensee's negligence or improper use of the Software, modifications or damages to the Software by Licensee, and Licensee's use of the Software on a platform or with an operating system other than the designated platform in the Documentation or in combination with any third party software not envisaged by HYCU, are not considered Errors except as reasonably contemplated by the parties.
         1. "Severity 1 Error": The Software materially fails to conform to the functional specifications set forth in Documentation and Licensee is unable to proceed without a fix to the problem or a work-around solution provided by HYCU (no functionality, e.g., system down problems). Severity 1 Errors shall be reported to reseller of HYCU in accordance with the terms of support contract signed between Licensee and the reseller. HYCU will initially respond to reseller and Licensee within two (2) hours of receipt of the Error notification sent by reseller to HYCU.
         2. "Severity 2 Error": The Software contains major functional problems against the Documentation, which Licensee is able to work around but the Software can only be used to a limited degree (partial or limited functionality). Severity 2 category Errors shall be reported to reseller of HYCU in accordance with the terms of support contract signed between Licensee and the reseller. HYCU will initially respond to reseller and Licensee within eight (8) hours of receipt of the error notification sent by reseller to HYCU.
         3. "Severity 3 Error": Software or Documentation contains incorrect logic, incorrect descriptions, or functional problems, which Licensee is able to work around, or where a temporary correction has been implemented (fully functional but needs improvement). HYCU will initially respond to reseller and Licensee within one business day of receipt of the error notification sent by reseller to HYCU. HYCU shall have the right to prioritize Severity 3 Errors and include corrections for such Errors in future releases at its sole discretion.
   3. LICENSEE OBLIGATIONS
      In addition to providing HYCU with full, good faith cooperation and such information as may be required by HYCU in order to perform the Support Services, Licensee shall provide reseller and HYCU with (i) specific detailed information concerning Licensee's use of the Software as may be required for the performance of the Support Services,(ii) all necessary computer services information and access to key personnel needed to provide the Support Services and (iii) usage of the Software against the License Certificate. If Licensee fails or delays in its performance of any of the foregoing responsibilities, HYCU shall be relieved of its obligations hereunder to the extent such obligations are dependent upon such performance and HYCU shall not be liable for any delay, non-compliance or inadequate performance of its obligations or any damages or loss arising out of such non-compliance. HYCU shall also be entitled to charge extra for the costs arising out of such non-compliance under a Time & Material mode.
   4. LICENSE GRANT
      In the event any work product or code is created as part of Support Services, such work product or code shall be included within Software and licensed to Licensee under these Terms, and HYCU and/or its Affiliates and/or its licensors shall retain exclusively all right, title and interest in and to such work product or code and any derivatives, enhancements or modifications to the Software created by HYCU or Licensee, except as for the Software License.
   5. EXCLUSIONS
      HYCU is not required to provide any Support Services relating to issues arising out of (i) equipment, on which the Software is installed, that is not configured as specified in the Documentation or as otherwise specified by HYCU; (ii) changes to the operating system or environment which adversely affect the Software; (iii) use of the Software in a manner not specified in the Documentation unless reasonably contemplated by the parties; (iv) the version of the Software that is not Supported Versions; (v) accident, negligence, or misuse of the Software; or (vi) modifications to the Software done by Licensee and/or any third party other than HYCU unless such modifications were reasonably contemplated by the parties (vii) EOL, even when the extended Support Services for Supporting Operational Platform or Target Environment are provided by manufacturer.
   6. MAINTENANCE
      As long as the Licensee is entitled to Support Services, HYCU shall provide the Licensee with Updates along with other generally available technical material. These maintenance materials including the Software may not be used to increase the licensed number of versions or copies of the Software. The Licensee agrees not to use or transfer the prior version but to destroy or archive the prior version of the Software. These Terms shall apply also to any Updates and Upgrades.
   7. WARRANTY
      PROVIDED THAT LICENSE FEE HAS BEEN PAID HYCU WILL UNDERTAKE WITHIN SUBSCRIPTION TERM ALL COMMERCIALLY REASONABLE EFFORTS TO PROVIDE SUPPORT SERVICES UNDER THESE TERMS AND TO RECTIFY OR PROVIDE SOLUTIONS TO PROBLEMS WHERE THE SOFTWARE DOES NOT FUNCTION AS DESCRIBED IN THE DOCUMENTATION, BUT HYCU DOES NOT GUARANTEE THAT THE PROBLEMS WILL BE SOLVED OR THAT ANY ITEM WILL BE ERROR FREE. THESE TERMS ARE ONLY APPLICABLE TO SOFTWARE RUNNING UNDER THE CERTIFIED ENVIRONMENTS SPECIFIED IN THE RELEASE NOTES AND OTHER DOCUMENTATION FOR THAT SOFTWARE. HYCU WILL PROVIDE THE LICENSEE WITH SUBSTANTIALLY THE SAME LEVEL OF SERVICES THROUGHOUT THE TERM. HYCU MAY FROM TIME TO TIME, HOWEVER, DISCONTINUE SOFTWARE OR VERSIONS OF SOFTWARE AND STOP SUPPORTING SOFTWARE OR VERSIONS OF SOFTWARE ONE YEAR AFTER DISCONTINUANCE, OR OTHERWISE DISCONTINUE ANY SUPPORT SERVICES. THE FOLLOWING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS OR PROMISES TO LICENSEE OR ANY THIRD PARTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING BY STATUE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE OR TRADE USAGE REGARDING THE SUPPORT SERVICES. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE AND SUPPORT SERVICES ARE PROVIDED "AS IS".
4. TERM AND TERMINATION
   These Terms shall start on the day of the Invoice issuance (hereafter referred to as the Effective Date). The Software License is temporary and it lasts until expiration of Subscription Term, unless Licensee breaches the provisions of these Terms; in such case, the Software License is terminated with immediate effect as stated in Article 2.3. of these Terms. These Terms related to Support Services shall run for a Subscription Term. These Terms may be terminated for non-payment or material breach. Any fees paid or due are non-refundable unless HYCU has materially breached these Terms and has failed to cure the breach after 30 days' written notice. Refunds, if any, will be prorated for the time the Support Services was in force.
5. PAYMENTS
   Payment shall be levied in advance in full, unless stated differently in the Invoice.
6. GENERAL PROVISIONS
   1. Licensee may not assign, sub-license or in any other way transfer any rights or obligations hereunder to any person or entity, in whole or in part, without prior written consent of HYCU.
   2. TO THE MAXIMUM EXTENT ALLOWED BY LAW, HYCU SHALL NOT BE LIABLE FOR LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA OR COMPUTER PROGRAMS INCLUDING THE COST OF RECOVERING SUCH DATA OR COMPUTER PROGRAMS OR ANY OTHER BUSINESS OR PROPERTY DAMAGE, AS WELL AS FOR ANY INJURY, LOSS OR DAMAGE WHETHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL ARISING OUT OF ANY CAUSE WHATSOEVER, EVEN IF FORESEEABLE OR IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
   3. ANY LIABILITY OF HYCU SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNTS PAID BY LICENSEE FOR THE SOFTWARE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND/ OR ANY OTHER TORTS.
   4. Non-performance of HYCU will be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, or other similar reason where failure to perform is beyond the control of HYCU.
   5. HYCU is entitled to use Licensee's logos, trademarks, trade names, word marks, service marks and trade dress (hereinafter jointly referred as: Licensee's Trademarks) only for marketing and advertising purposes. HYCU is particularly allowed to use Licensee's Trademarks, as defined herein, in advertising, promotional and sales materials, as a referential phrase on HYCU's web sites, in connection with book titles, magazines, periodicals, seminars, or conferences where HYCU participate. HYCU acknowledge that Licensee is the sole owner of the Licensee's Trademarks and obliged itself not to interfere with Licensee's Trademarks, including challenging them, registration of, or application to register such rights, alone or in combination with other words or symbols, anywhere in the world, and that it will not harm, misuse, or bring into disrepute any of them.
   6. Licensee acknowledges that it has read these Terms, that it understands the Terms and agrees to be bound by them. Furthermore, the parties agree that this is the complete and exclusive statement of the Terms between the parties, which supersedes any and all previous communications, representations or agreements between the parties, whether oral or written, regarding the subject of these Terms. Licensee's additional or different terms and conditions will not apply, except if stated in Licensee's Invoice.
   7. These Terms may not be modified or altered except by a written amendment signed by an authorized representative of each party.
   8. If any provision of these Terms is held to be invalid or unenforceable, in whole or in part, by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect, and the parties will negotiate in good-faith a substitute, valid and enforceable provision which most nearly reflects the parties' intent in entering into these Terms, unless HYCU deems the unenforceable provision to be essential to these Terms, in which case HYCU may terminate these Terms, effective immediately upon notice to Licensee.
   9. These Terms and performance hereunder shall be governed in accordance with the USA law, Commonwealth of Massachusetts without reference to its conflict of law's provisions, and any legal action with respect to these Terms shall be brought to the federal or state court(s) of competent jurisdiction located in Boston, Massachusetts, USA.
   10. No action, regardless of form, arising out of these Terms may be brought by Licensee more than one (1) year after the cause of action has arisen.
   11. These Terms shall be binding on any legal successors, transferees and assignees. In such cases Licensee or its successors, transferees or assignees must notify HYCU of such changes.

Appendix C - Microsoft

TERMS AND CONDITIONS REGARDING THE USE OF MICROSOFT SOFTWARE

This document governs the use of Microsoft software, which may include associated software, media, printed materials, and "online" or electronic documentation (individually and collectively, "Products") provided by OVHcloud. OVHcloud does not own the Products and the use thereof is subject to certain rights and limitations of which OVHcloud must inform you. Your right to use the Products is subject to the terms of your agreement with OVHcloud, and to your understanding of, compliance with, and consent to the following terms and conditions, which OVHcloud does not have authority to vary, alter, or amend.

1. DEFINITIONS.

   "Client Software" means software that is installed on a Device that allows the Device to access or utilize the Products.

   "Device" means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, "smart phone", server or any other hardware where software can be installed that would allow the End User to interact with the Product.

   "End User" means an individual or legal entity that obtains Software Services directly from OVHcloud, or indirectly through a Software Services Reseller.

   "Redistribution Software" means the software described in Paragraph 4 ("Use of Redistribution Software") below.

   "Software Services" means services that OVHcloud provides to you that make available, display, run, access, or otherwise interact, directly or indirectly, with the Products. OVHcloud must provide these services from the data center(s) through the Internet, a telephone network, or a private network, on a rental, subscription, or services basis, whether or not OVHcloud receives a fee. Software Services exclude any services involving the installation of a Product directly on any End User device to permit an End User to interact with the Product.

2. OWNERSHIP OF PRODUCTS. The Products are licensed to OVHcloud from an affiliate of the Microsoft Corporation (collectively "Microsoft"). Microsoft Products are protected by copyright and other intellectual property rights. Products and other Product elements including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Products are owned by Microsoft or its suppliers. You may not remove, modify or obscure any copyright trademark or other proprietary rights notices that are contained in or on the Products. The Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Products does not transfer any ownership of the Products or any intellectual property rights to you.
3. USE OF CLIENT SOFTWARE. You may use the Client Software installed on your Devices only in accordance with your agreement with OVHcloud and the terms under this document, and only in connection with the Software Services, provided to you by OVHcloud. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during the installation and/or use of the Client Software.
4. USE OF REDISTRIBUTION SOFTWARE. In connection with the Software Services provided to you by OVHcloud, you may have access to certain "sample", "redistributable" and/or software development software code and tools (individually and collectively "Redistribution Software"). You may use, copy and/or install the Redistribution Software only in accordance with the terms of your agreement with OVHcloud and this document and/or your agreement with OVHcloud.
5. COPIES. You may not make any copies of the Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by OVHcloud; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with OVHcloud, upon notice from OVHcloud, or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the Products.
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
7. NO RENTAL. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Products except for the sole purpose of accessing the functionality of the Products in the form of Software Services in accordance with the terms of this agreement and any agreement between you and OVHcloud.
8. TERMINATION. Without prejudice to any other rights, OVHcloud may terminate your rights to use the Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with OVHcloud or OVHcloud's agreement with Microsoft under which the Products are licensed, you must stop using and/or accessing the Products, and destroy all copies of the Products and all of their component parts within thirty (30) days of the termination of your agreement with OVHcloud.
9. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. Microsoft disclaims, to the extent permitted by applicable law, all warranties and liability for damages by Microsoft or its suppliers for any damages and remedies whether direct, indirect, or consequential, arising from the Software Services. Any warranties and liabilities are provided solely by OVHcloud and not by Microsoft, its affiliates, or subsidiaries.
10. PRODUCT SUPPORT. Any support for the Software Services is provided to you by OVHcloud or a third party on OVHcloud’s behalf and is not provided by Microsoft, its suppliers, affiliates, or subsidiaries
11. NOT FAULT TOLERANT. The Products are not fault-tolerant and are not guaranteed to be error-free or to operate uninterrupted. You must not use the Products in any application or situation where the Product(s) failure could lead to death or serious bodily injury of any person, or to severe physical or environmental damage ("High Risk Use").
12. EXPORT RESTRICTIONS. The Products are subject to U.S. export jurisdiction. OVHcloud must comply with all applicable laws including the U.S. Export Administration Regulations, and the International Traffic in Arms Regulations, as well as end-user, end-use, and destination restrictions issued by the U.S. and other governments. For additional information, click here/.
13. LIABILITY FOR BREACH. In addition to any liability you may have to OVHcloud, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
14. INFORMATION DISCLOSURE. You must permit OVHcloud to disclose any information requested by Microsoft under OVHcloud's Agreement. Microsoft will be an intended third party beneficiary of your agreement.

Appendix D - MongoDB

You agree to use any MongoDB products and services purchased through Us subject to the following terms and conditions. For the purposes of this Appendix, the MongoDB software is referred to as the “Services”.

As a condition of using the Services, You agree that You will not, nor will You authorize any third party to do, any of the following:

• Distribute the Services as stand-alone software;
• Use the marks, logos or branding associated with the Services;
• Use the Services as separate software from the Services;
• Decompile, disassemble, translate, reverse engineer or otherwise attempt to derive the source code from any portion of the Services;
• Other than as expressly authorized in Your Order for the Services from OVHcloud, sell, sublicense, rent, lease, distribute, market, or commercialize the Services, or Your subscription to use the Services;
• Directly or indirectly circumvent or violate the technical restrictions of theServices;
• Remove any identification, proprietary, copyright or other notices in the Services or in the documentation associated with the Services;
• Modify or create a derivative work of any portion of the Services;
• Publicly disseminate performance information about or analysis of the Services or Your subscription to use the Services, including benchmarking test results; or
• Distribute the Services for use on more servers than licensed from OVHcloud.

In addition, You are only authorized to resell the Services purchased from OVHcloud, or to entrust the management of Services to a data manager if You agree not to sell the Services through third-party platforms or marketplaces.

Customer must comply with all applicable laws when using the Services, including any applicable U.S. export regulations and anti-corruption laws.

The Services are classified under Export Classification Control Numbers (ECCNs) 5D002, 5D992, and EAR99. The Services are authorized for export under either License Exception ENC or No License Required (NLR) to all countries other than Cuba, Iran, North Korea, Sudan, and Syria and the Crimea region of the Ukraine. Exports to these countries as well as end-users prohibited by U.S. laws and regulations may require specific licensing from the applicable governmental agency. The open source products contained in the Services are not subject to the Export Administration Regulations (EAR) promulgated by the U.S. Dept of Commerce, Bureau of Industry and Security under Section 742.15(b) EAR.

MongoDB Limited is an intended third-party beneficiary of these provisions and may enforce these provisions directly against You.