Updated: April 25, 2017
The following Supplemental Terms apply only to the specific Cloud Services to which the Supplemental Terms relate. In the event of a conflict between the terms of these Supplemental Terms and the terms of the CenturyLink Customer agreement or other agreement governing use of the Cloud Services (the “Agreement”), the terms and conditions of these Supplemental Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
Customer will not use, and will not authorize any third party to use, any software with the Services, including without limitation the CenturyLink APIs, in any manner that may require, pursuant to any applicable license, that any CenturyLink Services, components thereof, or other intellectual property of CenturyLink or its licensors be (a) disclosed or distributed in source code form, (b) made available free of charge to recipients, or (c) modifiable without restriction by recipients.
In conjunction with the Cloud Services, you may be allowed to use certain software developed and owned by third parties (“Third Party Software”). The Customer’s election to use the Third Party Software constitutes acceptance of the additional terms and conditions either identified below or located at the applicable URL.
Apache: https://www.cloudera.com/content/cloudera/en/documentation/core/latest/topics/cdh_ig_apache_and_third_party_licenses.html and for third party licenses: http://www.cloudera.com/content/cloudera/en/documentation/Licenses/Third-Party-Licenses/Third-Party-Licenses.html
Red Hat RHEL http://www.redhat.com/en/about/red-hat-end-user-license-agreements
Geotrust (Linux & Windows)
In conjunction with the Cloud Services, you may elect to use certain software developed and owned by Microsoft or its licensors (collectively, “Microsoft Software”). If you choose to use the Microsoft Software, Microsoft and its licensors require that Customer agrees to these additional terms and conditions.
Any add on services, including Managed Backup, and any other managed application services, including Managed MySQL or Managed Microsoft SQL are subject to the Service Guide.
CenturyLink’s Intrusion Prevention Services (“IPS”) leverages software owned and developed by Trend Micro and its licensors. Customers use of IPS constitutes Customer’s acceptance to the following additional terms and conditions.
The terms in this Section 4 apply only to Cloud Application Manager purchased prior to April 25, 2017. Cloud Application Manager purchased on or after April 25, 2017 are governed by separate terms and conditions.
Customer acknowledges and agrees that certain Cloud Service Provider “CSP” services are not available in all geographical locations or markets or customer segments. CenturyLink reserves the right to restrict access to certain CSPs at its discretion and/or as directed by the applicable CSP.
Please note that Microsoft and AWS CSP services are available only to non-government Customers with a legal and billing address in the United States.
Cloud Service Provider. In addition to the terms identified in the Cloud Application Manager Supplemental Terms, the following provisions shall apply if Customer elects to purchase CSP services from CenturyLink.
Customer authorizes CenturyLink to collect and share certain Customer information with partner CSPs for the purposes of assistance in setting up accounts, complying with CSP license terms and/or in connection with monitoring for and responding to misuse or suspected misuse of the Services by Customer. The information required to be collected and shared by CenturyLink may vary by CSP. CenturyLink, on behalf of itself or an applicable CSP, reserves the right to immediately suspend or terminate the Services (and availability of any CSP offering) upon notice in the event CenturyLink (or the CSP) reasonably determines, becomes aware of or suspects misuse of the Services (or CSP offering) by Customer, if any use or action or suspected use or action exposes or threatens to expose CenturyLink (or the CSP) to liability, obligation, security risk, violation of law or breach of its underlying agreement with the applicable CSP.
CenturyLink shall have no liability for any damages whatsoever arising from or related to the services provided by a CSP or any failure, interruption, suspension or termination of services provided by a CSP or any failure of security standards implemented by a CSP. Customer’s sole remedy for any CSP provided services are provided in the applicable terms between the Customer and the CSP. Notwithstanding anything to the contrary in this Schedule or the Agreement, CenturyLink shall not be obligated to provide any indemnity to Customer for any services provided by a CSP or any interruption, failures or termination of services provided by a CSP.
THIS END USER LICENSE AGREEMENT (“EULA”) APPLIES TO THE CENTURYLINK CLOUD CONTROL MOBILE APPLICATION FOR DEVICES (“APPLICATION”). IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS EULA CAREFULLY. In particular, Section 2 (“Privacy and Data Security”) of this EULA contains important provisions and disclosures regarding data security and privacy that may affect your data and/or Content (collectively the “Privacy Provisions”).
Scope of License. The Application is licensed, not sold, to you. All title and intellectual property rights in and to the Application and all modifications, updates, upgrades, enhancements and derivative works of the Application are owned exclusively by CenturyLink or its licensors. Your license is for personal use only and is limited to a limited, non-exclusive, revocable, non-transferable license to use the Application on any mobile phone, game device, digital media adapter, tablet PC, laptop PC, Desktop PC, smart TV or similar device you own or control (collectively, “Device” or “Devices”). You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates or upgrades, or any part thereof. Any attempt to do so is a violation of the rights of CenturyLink and its licensors and CenturyLink reserves the right to immediately terminate Your access to the Application for violation of this Section. CenturyLink reserves all rights in and to the Application not expressly granted to you under this Agreement. This EULA does not allow you to use the Application on any Device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple Devices at the same time.
Any software license agreement or user terms in effect between you and a third party platform or operating system provider governs the use of your Device running on that provider’s operating system. Such provider may at any time and without notice restrict, suspend or terminate your use of the Application or delete the Application from the Device on which it is installed without any compensation or refund to Customer from the applicable provider or CenturyLink.
User logins and passwords are for designated Authorized Users and may not be shared or used by anyone other than the designated Authorized User to whom the Authorized User login and password has been assigned. When you login to the Application to access your Customer account using your Authorized User login and password, CenturyLink will use your Authorized User login and password in the Application to connect with Customer’s subscription to the Service. You shall be responsible for the confidentiality and use of your Authorized User login and password. You are not permitted to share your Authorized User login or password with any other person or persons. You are responsible for all activities conducted under your Authorized User login.
The Application may store Content and data supplied by the Service, including personally identifiable information, locally on your Device. You also agree to comply with all applicable Customer policies, practices and procedures for using and securing your Device, the Application and any related Content. In particular, you must create a security key (i.e., a pin, passcode, patterned screen lock, or the like) for your Device, which as a precaution you should change regularly. Anyone with access to your unlocked Device may be able to view, add or edit information within the Service, within an Application or stored locally on your Device. An Application may allow you to enable a “remember” password or login credential option.
Your Application login and password will be stored on your Device on an approximately two (2) week rolling basis after which You will be required to re-enter Your login and password. If your Device is lost, stolen or your logon otherwise compromised, You must immediately change Your password. Use of the Application to access the Service requires Internet access and You understand and accept the risk of accessing and transmitting information, data or Content over the Internet. By using the Application, You and Customer accept full responsibility for any losses, unauthorized access and/or damages that may result from that action, including without limitation any breach notification obligations and agree not to hold CenturyLink liable for any losses or damages resulting from such use or your failure to comply with this Section 2.
The Application is not HIPAA-compliant, nor does it satisfy PCI Standards or other requirements for the protection of credit card data and government ID numbers. You may not use or customize the Application in any manner that would require CenturyLink, the Service, or the Application to process personal healthcare, credit card, or government ID number data or otherwise comply with, satisfy or meet any related compliance requirements or standards.
Termination. This EULA shall terminate immediately and automatically upon any termination of the Customer’s Agreement. This Agreement is effective until terminated by you or CenturyLink. Your rights under this Agreement will terminate automatically without notice from CenturyLink if You fail to comply with any term(s) of this Agreement. Upon any such termination, You shall immediately cease all use of the Application and destroy all copies, full or partial, of the Application. Termination of this EULA shall not entitle the Customer or you to any refund, credit, or other compensation from CenturyLink.
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CENTURYLINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CENTURYLINK DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED WITHIN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED.
Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CENTURYLINK BE LIABLE FOR PERSONAL INJURY OR DAMAGE TO PERSONAL PROPERTY, OR SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF CENTURYLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall CenturyLink’s total liability to you for all damages exceed the amount of fifty dollars ($50.00). CenturyLink reserves the right to change, suspend, remove, or disable access to the Application at any time without notice. In no event will CenturyLink be liable for the removal of or disabling of access to the Application. CenturyLink may also impose limits on the use of or access to the Application, in any case and without notice or liability.
Indemnification. You will indemnify, defend and hold CenturyLink, its affiliates, subsidiaries, and parent, and each of their respective directors, officers, employees, and agents, and their successors and assigns harmless from and against all claims, damages, losses, and liabilities, including reasonable attorney’s fees, arising from or related to the Application or the use thereof.
Service Level Agreement. Any service level commitment or warranty in effect between the Customer and CenturyLink, as set forth in the Agreement or otherwise, shall not apply to the Application. CenturyLink shall determine, in its sole discretion, the level of support it will provide for the Application, and any such support shall be subject to change without notice.
Export Compliance. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using any of the Application, you represent and warrant that (i) you are not located in any a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will not use the Application for any purposes prohibited by United States law.
Other Users. It is your responsibility to impose any restrictions on viewing by you, other employees of your company, and CenturyLink will have no liability to anyone due to or based on the content viewed via the Application.
Third Party Beneficiaries. CenturyLink’s licensors or any third party platform or operating system provider whose software is included in or as a component of the Application will be third party beneficiaries of this Agreement, as applicable.
Governing Law. The laws of the state of Missouri govern all matters arising out of this Agreement and your use of the Application, without regard to any conflicts of laws principles.
Severability, Waiver, and Survival. If any provision of this Agreement is declared to be illegal, unenforceable, or in conflict with any other provision of this Agreement, that provision will be deleted or modified, as applicable, without affecting the validity of the other provisions. Any waiver or failure to enforce any obligation or requirement by either party does not waive that party’s right to later enforce that requirement in the future. The terms of this Agreement that are expressly stated to survive or that by their nature would logically be expected to survive termination or expiration of this Agreement shall so survive.