Terms of Service – QuantumWise ATK On-Demand
1. ACCEPTANCE OF TERMS
As a QuantumWise ATK On-Demand user, you are are subject to the following Terms of Service. You and Sabalcore Computing Inc. shall be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
2. DESCRIPTION OF SERVICE
Sabalcore Computing Inc., a company that provides access to various high performance computing resources and storage space which are accessed over the Internet and sells processing time and computer cycles (called the “Service”), are partners with QuantumWise (QW), providers of the Atomistix (ATK) software and provide the Licensee optional access to remote computing resources. The Licensee, also referred to as “User”, is charged for the Service based on the number of processors used and the period of time they are used called processing time. A processor is defined as a ‘core’. A ‘core-hour” is a unit of the Service. The ATK On-demand License is included in the published price. The Service is accessed solely through the QuatumWise VNL Software.
3. YOUR REGISTRATION OBLIGATIONS
The user is required to register for the ATK on-demand service. The user’s registration information, such as name, email address, and billing address, will be shared between QW and SCI. As a registered user, you are obligated to pay for the service except for the published free service. The user must have a VNL license prior to registration.
4. USER ACCOUNT AND PASSWORD
You will receive an account designation upon completing the Service’s registration process. A private public key pair is required and you must provide your public key to Sabalcore. You are responsible for maintaining the confidentiality of the key and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Sabalcore Computing Inc. of any unauthorized use of your private key or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sabalcore Computing Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. SERVICE GUARANTEE
Jobs not completed by the Service due to hardware failure are not charged or will be credited to the account holder on the following invoice, or a credit of core-hours . This does not apply for incomplete jobs during times of posted SYSTEM MAINTENANCE or interactive jobs. Credit or refund is granted at sole discretion of Sabalcore Computing Inc.
6. USER CONDUCT
You understand that all information, data, text, software, software licenses or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not Sabalcore Computing Inc., are entirely responsible for all Content that you upload, download, or otherwise transmit via the Service. Further more, you agree to abide by any applicable license agreements of the Content that you use. Under no circumstances will Sabalcore Computing Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content stored, calculated, emailed, or transmitted via the Service.
You agree to NOT use the Service to:
a. Upload, store, execute, transmit, or calculate any Content that is unlawful, inappropriate, or any other material Sabalcore Computing Inc. deems inappropriate or illegal or is illegal by law of the State of Florida or the United States. If necessary, the user’s account and information will be reported or handed over to an enforcement agency.
b. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
c. upload, store, calculate, execute, or transmit any Content that you do not have a right to transmit under any law.
d. upload, store, calculate, execute, or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
e. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or network equipment;
f. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
g. intentionally or unintentionally violate any applicable local, state, national or international law.
h. engage in any deliberate or unsolicited attacks to the system; such as, but not limited to, any activity out side the user account or user processes without the permission of Sabalcore Computing Inc.
i. Engage in accessing, or attempted access or use of or attempted use of the system, computers, software, information, or property of Sabalcore Computing Inc. without the permission of Sabalcore Computing Inc.
You acknowledge and agree that Sabalcore Computing Inc. and it’s management and employees are not responsible for any Content and that the use of the Service is considered risky, but that Sabalcore Computing Inc. shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you will caution any reliance on any Content created, executed, stored or calculated by Sabalcore Computing Inc. or submitted to Sabalcore Computing Inc. Additionally, any Content posted, stored, executed, or transmitted by You using the Service is done at Your sole risk, and Sabalcore Computing Inc. In. will not have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by You.
You acknowledge and agree that Sabalcore Computing Inc. may preserve and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Sabalcore Computing Inc., its users and the public.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree that computational product created on the system will not be exported contrary to U.S. Export Administration Regulations or other government export control regulations. You will access and use the Services only in compliance with all U.S. and foreign export and re-export control laws and their implementing regulations, including but not limited to the U.S. Export Administration Regulations and International Traffic In Arms Regulations, where the terms “export” and “re-export” refer to any transfer or release of technology or software or direct products thereof to another country or to a national of another country by any means. You acknowledge you are not an individual or party identified on any U.S. or foreign governments export exclusion lists and that you will not transfer electronically any item or content to parties identified on U.S. or foreign government export exclusion lists.
You agree not to use the service for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws.
Sabalcore Computing Inc. (SCI) follows responsible security policies, standards, and guidelines and implements up-to-date technology to protect against unauthorized intrusions. Customers access the service by logging into a central server using an encrypted connection called Secure Shell (ssh). Customers are encouraged to use SSH key pair authentication. Customers use a shared file system and compute nodes. Access levels, permissions, owner and group settings are used by the Linux operating system to keep customer data isolated. Customers have the option to encrypt data at rest using third party encryption tools. SCI routinely updates security patches in parallel with Redhat Enterprise Linux updates. Sabalcore Computing Inc. uses commercially reasonable efforts to provide physical security of the Service. All computer equipment and networks are owned and maintained by SCI in our own facility in the United States. Physical access to the system is limited to a restricted number of Sabalcore Computing Inc. employees. Sabalcore Computing Inc. will provide and may monitor electronic security of the Service using standard network security practices, including, transfers via secured protocol.
In order to promote the Security of the Service, you acknowledge that Sabalcore Computing Inc. may (but is not obligated to) gather or log or store user activity information, such as but not limited to, system commands or monitor user activity in real time for the purpose of monitoring or analyzing user activity or history. You agree that this activity information is the property of Sabalcore Computing Inc.
You agree to indemnify and hold Sabalcore Computing Inc., and its, officers, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to, or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
10. MODIFICATIONS TO SERVICE
Sabalcore Computing Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sabalcore Computing Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Sabalcore Computing Inc., in its sole discretion, may terminate your account and remove and discard any Content, for any reason, including, without limitation, for lack of use. You agree that Sabalcore Computing Inc. may terminate your account without notice and delete your account and all related information and files in your account and/or bar any further access to such files or the Service.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE SERVICE IS PROVIDED ON AN “AS AVAILABLE” BASIS. STORAGE OF SENSITIVE DATA VIA THE SERVICE IS AT YOUR SOLE RISK AND THAT STORAGE OF SENSITIVE DATA SHOULD BE CONSIDERED RISKY.
b. Sabalcore Computing Inc. MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE, UNINTERRUPTED, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Sabalcore Computing Inc. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Sabalcore Computing Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Sabalcore Computing Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 MAY NOT APPLY TO YOU.
Please report any violations of the Terms of Service to management.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.