These terms and conditions (“Terms”) govern your use of the model package(s) (“Models”) made available to you and your users (“You” and “Your”) by Virtusa through this AWS Marketplace listing.

OWNERSHIP. Virtusa and its licensors own all right, title, and interest in and to the Models and all related technology and intellectual property rights.

LICENSE. Subject to Your compliance with these Terms and the AWS Customer Agreement and any other agreement governing Your use of Amazon Web Services (“AWS”), Virtusa grants You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Models solely in connection with Your permitted use of AWS until terminated in accordance with these Terms. 

RESERVATION OF RIGHTS. Except as expressly provided in the License section, You obtain no license or rights from Virtusa or its licensors to the Models or the intellectual property rights therein, and all such rights are expressly reserved.

RESTRICTIONS. You may not use the Models in any manner other than as expressly permitted by these Terms.  You will not and will not attempt to (a) modify, copy, distribute, alter, tamper with, repair, or otherwise create derivative works of the Models; (b) reverse engineer, disassemble, or decompile the Models algorithm(s) (except to the extent permitted by applicable law; or (c) resell or sublicense the Models.

DISCLAIMER OF WARRANTY. THE MODELS AND YOUR USE OF THEM ARE PROVIDED "AS IS."  VIRTUSA AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MODELS, INCLUDING ANY WARRANTY THAT THE MODELS WILL BE ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT IN YOUR AWS ACCOUNT, INCLUDING YOUR CONTENT AND DATA, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.  EXCEPT TO THE EXTENT PROHIBITED BY LAW, VIRTUSA AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. VIRTUSA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR OTHER DAMAGE RESULTING FROM SUCH LIMITATIONS OR ISSUES.

LIMITATIONS OF LIABILITY. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, DOWNTIME COSTS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY SIMILAR TYPE OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR THE USE OR THE INABILITY TO USE THE MODELS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE MODELS TO ACHIEVE YOUR INTENDED RESULTS.  IN ANY CASE, VIRTUSA AND ITS LICENSORS' AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY VIRTUSA DURING THE YEAR PRECEDING THE CLAIM FOR THE MODELS.  THIS SECTION SHALL APPLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY, STATUTE, LAW, EQUITY OR OTHERWISE.

TERM AND TERMINATION. These Terms and Your access to the Models will become effective as of Your agreement to these Terms and shall continue in effect until terminated. Virtusa may suspend or terminate Your license to use the Models at any time upon written notice for any reason in its sole discretion. In addition, the suspension or termination of Your AWS account will suspend or terminate Your access to and use of the Models. You will cease Your use of the Models, remove them from Your AWS account, and destroy any copies of the Models in Your control upon receiving such a notice, or upon other termination of Your right to use the Models. In no event will Virtusa provide, or be liable for, any refund of fees paid by You for access to AWS. You may cease Your use of the Models at any time without notice.

MISCELLANEOUS. All of these Terms which by their nature are intended to survive termination shall survive the termination of this Agreement.  These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, except to the extent that they apply the laws of another jurisdiction to conflicts arising hereunder.