The following Supplemental Terms apply only to the Cloud Application Manager Services (“Services”). 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 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.
1. Universal Cloud Application Manager Supplemental Terms
(Applicable to all Cloud Application Manager Services)
- From time to time, CenturyLink may offer free or discounted pricing programs covering certain usage of the Cloud Application Manager Services (each, a “Special Program”). CenturyLink may stop accepting new sign-ups or discontinue a Special Program at any time. Standard charges will apply after a Special Program ends or if Customer exceeds the limitations by the Special Program. Customer is responsible for complying with any additional terms, restrictions, or limitations (e.g., limitations on the total amount of usage) for the Special Program as described in the offer terms for the Special Program or on the pricing page for the eligible Cloud Application Manager Service(s). Access to or use of the Cloud Application Manager Services in a way intended to avoid any additional terms, restrictions, or limitations (e.g., establishing multiple CenturyLink accounts in order to receive additional benefits under a Special Program) is prohibited and Customer’s noncompliant use is subject to immediate suspension or termination without notice. CenturyLink is not responsible for data stored or instances provided as part of a Special Program.
- CenturyLink or its suppliers may collect and process, and share with each other, “Relationship Data” and “Usage Data” solely for the following purposes: (i) Relationship Data -- to operate the Services, manage Customer accounts, send notifications, invoice purchased services, provide support, and comply with applicable law and (ii) Usage Data – to provide the Service (including tracking and managing its infrastructure, network, storage, and software for billing, capacity planning, troubleshooting, and other forecasting and improvement purposes). CenturyLink may share Relationship Data and Usage Data with its affiliates and third party service providers for these purposes only, to comply with contractual obligations or as otherwise required by applicable law, provided however that Usage Data may only be shared with third parties with the prior written consent of Customer. For purposes hereof, “Relationship Data” means personal information that CenturyLink or its suppliers collect from Customer during the registration, activation and maintenance of a Service account and “Usage Data” means information regarding Customer’s or its end users’ consumption of the Service, such as information on the amount of computing and storage resources purchased or consumed, user counts, and third party licenses consumed. Customer, on behalf of itself and any applicable third parties, hereby consents to CenturyLink accessing, storing and otherwise processing and transferring Customer data, Relationship Data and Usage Data in or to the United States or to any other jurisdiction where CenturyLink has a data center, support, or processing systems. It is Customer’s responsibility to ensure that it has obtained all requisite consents and to comply with applicable law with respect to data processing and transfers across jurisdictions.
- Customer agrees to comply with the Foreign Corrupt Practices Act (“FCPA”) and/or the U.K. Bribery Act and/or any other applicable anti-bribery and anti-corruption laws of other nations (collectively, “Anti-Corruption Laws”). Customer, its employees, contractors and affiliates and end users or customers will not (i) make or arrange any contact with or (ii) make or cause to be made, any payment or offer of anything of value to any foreign (i.e. non-U.S. in the instance of a U.S. Customer) government official or political party, or candidate without prior written approval and Customer will have all appropriate contractual provisions in place with its end users and to comply with the foregoing.
- If the Customer contracting with CenturyLink is a German company or a German branch of a multi-national company, Customer acknowledges and agrees that, as the data controller, it is solely responsible for the lawfulness of the data processing and compliance with mandatory provisions of the German Data Protection Act. As the data controller, Customer is required to execute a Data Protection Agreement (a “DPA”). Please download and print the DPA and return an executed copy by email to CenturyLink. Please include an email or address where CenturyLink can return a counter-signed copy.
2. CenturyLink Cloud Service Providers
In the event Customer elects to purchase cloud services from a Cloud Service Provider (CSP) made available by CenturyLink, Customer agrees that such purchase is contingent upon Customer’s affirmative acceptance, at the time of set up and purchase, of additional terms and conditions required by teh Cloud Service Provider governing the applicable Cloud Service Provider’s services. These additional terms create a binding agreement between the CSP and Customer and provides the right of the CSP to enforce the terms directly against Customer. A link to the additional terms is included below for convenience and informational purposes. Customer is required to click through and accept all additional terms and conditions prior to use of the CSP Services.
Customer acknowledges and agrees that certain 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 the CSP services listed in this Section 2 are available only to Customers with legal/billing addresses in the United States or United Kingdom.
3. Third Party Software
Customer will not use, and will not authorize any third party's to use of, any software with the Services in any manner that may require any component of CenturyLink Services or other intellectual property of CenturyLink or its licensors to be (a) disclosed or distributed in source code form, (b) made available free of charge to recipients, or (c) modifiable without restriction by recipients.