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Additional Terms for the Provision of Cloud Services through Nexway AG

Valid as of 04/2016

Scope of application

(1)    These provisions shall, in addition to the general terms and conditions of Nexway AG, apply to the provision of cloud services through Nexway AG at universities and research facilities.

Services

(2)   Nexway AG enables its customers referred to in no. 1 to access cloud services via selected partners.

The customer is aware that such cloud services are provided by the respective partners of Nexway AG.

The customer undertakes to comply with the licensing conditions and terms of use as prescribed by the partners of Nexway AG from time to time. Billing for services is done through Nexway AG.

Nexway AG reserves the right to terminate the operation of a booked virtual machine in excess of the included outbound traffic per month. You can see the overage in the portal at any time.

The cloud service ordered by the customer will be linked to the partner's asknet account.

To the extent the customer intends to apply third-party software when using the cloud service, the customer shall obtain all required licences in a timely manner and at its own cost. In the event that Nexway AG is held liable for any infringement of a right caused by the customer, the customer shall indemnify Nexway AG on first demand from and against all justified third-party claims.

Data back-ups

(3)   The customer is aware that neither Nexway AG nor its respective partners are required to perform any data back-ups for the customer. The customer is solely responsible for safeguarding its data by taking back-up copies.

The customer is advised to replace the password initially assigned to it after being granted access with an individual password ensuring a sufficient level of security.

Availability

(4)   The availability of cloud services is based on the applicable terms of use of the respective partner and, in particular, on the scope of services provided by such partner. Nexway AG does not provide any guarantee as to a certain level of availability.

Data transfer

(5)   The customer shall be responsible for the proper transfer of data to the computing centre of the respective partner of Nexway AG and, if necessary, for the encryption of data to be transmitted.

License Terms of the manufacturer

Here you can find the License Terms of SoftLayer

Here you can find the License Terms of Microsoft