CAP Developer Sandbox Terms & Conditions

The SUSE Cloud Application Platform Developer Sandbox (“Sandbox”) is an instance of SUSE Cloud Application Platform hosted in Amazon AWS. The operator of the Sandbox is SUSE Software Solutions Germany GmbH (on behalf of itself and its corporate affiliates) with headquarters at Maxfeldstraße 5, 90409 Nuremberg, Germany (“SUSE”). The Sandbox enables you to upload, to install and to deploy your applications for developer exploration and learning purposes only. In order to use the Sandbox, you must agree to these terms as well as SUSE’s general terms of use for its website infrastructure which are available at https://www.suse.com/company/legal/terms-of-use/ and which are expressly incorporated by reference to this agreement.

Account

In order to access and use the Sandbox, you must create an account on the SUSE Developer Portal at http://developer.suse.com and sign up for the sandbox as described at https://developer.suse.com/suse-cap-developer-sandbox/. You must verify that the email address used in connection with your account is valid and will remain valid during the term of this agreement. You may not create multiple accounts or otherwise misuse the Platform by abusing the resource limitations which are designed to ensure all users can obtain benefit from the Platform. You are responsible for maintaining the security of your account access tokens as well as the apps you deploy in the Sandbox and you must immediately inform SUSE at developers@suse.com if these are compromised or you suspect they may have been compromised. If your apps collect personal data of their users, you are responsible to ensure compliance with the relevant data protection laws. 

Inactive apps and accounts

SUSE may, at its sole discretion, automatically stop apps after 21 (twenty one) days of inactivity and deactivate inactive accounts after a period of 3 (three) months. On account deactivation, SUSE will permanently delete any data associated with these accounts. For this purpose, SUSE is monitoring resource utilization on the system. 

Support

While SUSE does not provide support for the Platform or for your use of the Platform, you may be able to find community support on the forum or chat channels associated with the Platform. You can find more information about these contact methods at https://developer.suse.com/contact

Warranty

Each party represents and warrants that it has the legal power to enter into this Agreement. EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE AND IN SECTION 11.5 (WARRANTIES) BELOW, NEITHER PARTY MAKES IN THIS AGREEMENT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

Limitation of Liability

IN NO EVENT SHALL SUSE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED $50 (FIFTY US DOLLARS). IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Indemnification

You shall defend SUSE against any claim, demand, suit, or proceeding (“Claim”) made or brought against SUSE by a third party alleging that your data, applications or other materials used and/or made available by you in the context of using the Platform, infringe or misappropriate the intellectual property rights of a third party or violate applicable law and shall indemnify SUSE for any damages finally awarded against, and for reasonable attorney’s fees incurred by SUSE in connection with any such Claim; provided, that SUSE (a) promptly gives you written notice of the Claim; (b) gives you sole control of the defense and settlement of the Claim (provided that you may not settle any Claim unless the settlement unconditionally release SUSE of all liability); and (c) provide to you reasonable assistance, at SUSE’s expense. The foregoing states your sole liability and SUSE’s exclusive remedy for any type of Claim described in this section. 

Data Protection

The protection of your personal information is important to us. Therefore, we would like to inform you about the handling of your Personal Data and the following rights that you have with regard to the use of such Personal Data in the context of your application to us. The entity responsible for the collection and use of your personal information is:

SUSE Software Solutions Germany GmbH
Maxfeldstraße 5
90409 Nuremberg
Germany
Phone: +49 (0)911 74053 0
Email: privacy@suse.com

Our external Data Protection Officer can be contacted as follows:

TÜV Rheinland i-sec GmbH
Stefan Eigler
Am Grauen Stein
51105 Cologne, Germany
Phone: +49 (0) 221 56783 504
Email: stefan.eigler@i-sec.tuv.com

Pursuant to Article 7 (3) GDPR, you have the right to revoke your consent to us at any time. Thereafter, we will not be allowed to continue the data processing based on your revoked consent for the future.

Pursuant to Article 15 GDPR, you have the right to request information about your Personal Data processed by us. In particular, you may request information about the processing purposes, the categories of Personal Data, the categories of recipients to whom your data has been disclosed, the planned retention period, the right of rectification, deletion, limitation of processing or opposition, the existence of a right to complain, the source of their data, if not collected from us, and the existence of automated decision-making, including profiling, and – if necessary – meaningful information about their details.

Pursuant to Article 16 GDPR, you have the right to immediately demand the correction of incorrect or completed Personal Data stored by us.

Pursuant to Article 17 GDPR, you have the right to demand the deletion of your Personal Data stored by us, except where the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims.

Pursuant to Article 18 GDPR, you have the right to demand the restriction of the processing of your Personal Data, insofar as the accuracy of such Personal Data is disputed by you; or the processing is unlawful, you reject the deletion of such unlawfully processed Personal Data and we no longer need the Personal Data, but where you  assert, exercise or defense of legal claims or you have objected to the processing in accordance with Article 21 GDPR.

Pursuant to Article 20 GDPR, you have the right to receive the Personal Data that you have provided to us in a structured, standard and machine-readable format or to request the transfer to another controller.

Pursuant to Article 77 GDPR, you have the right to complain to a supervisory authority. To exercise any of the rights listed above, please contact our privacy counsel as stated above.

If you have consented to the processing of your Personal Data, you can revoke your consent at any time, effective for the future by sending email to privacy@suse.com. This will not affect the legitimacy of processing under the consent up to the time of revocation.

Information about your right of objection under Article 21 GDPR
Case-specific Right of Objection
You have the right at any time, for reasons arising out of your particular situation, to object to the processing of your Personal Data pursuant to Article 6 (1)(e) GDPR (Data Processing in the Public Interest) and Article 6 (1)(f) GDPR (Data processing on the basis of a balance of interests). This also applies to profiling based on this provision within the meaning of Article 4 (4) GDPR. Should you object, we will not further process your Personal Data unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, pursuing or defending legal claims. Your objection should be directed to privacy@suse.com

With the exception of necessary transfers of personal data to Amazon Web Services[3]  (where the Platform is hosted), we process your Personal Data solely within the SUSE Group unless we expressly inform you otherwise. Transfers of, and access to, your Personal Data to SUSE Group entities around the world are protected using inter-company agreements which adopt the Standard Contractual Clauses. 

General

Export Compliance. You must comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Services. Without limiting the foregoing, (i) you represents that you (or your affiliates) are not named on any U.S. government list of persons or entities prohibited from receiving exports, and (ii) you shall not permit anyone to access or use Services in violation of any U.S. export embargo, prohibition or restriction. 

Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to this Agreement.

Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

Entire Agreement. This Agreement, including SUSE’s general terms of use for its website infrasture which is expressly incorporated by reference, constitutes the entire agreement and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. To the extent any conflict or inconsistency arises between the provisions in the body of this Agreement and SUSE’s general terms of use for its website infrastructure, the terms of the latter shall prevail. 

Choice of Law. This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the Federal Republic of Germany, including its statutes of limitations.

Updates to this Agreement. SUSE may modify this Agreement and/or the general terms of use for its website infrastructure which are available at https://www.suse.com/company/legal/terms-of-use/ at any time by making available an updated version on SUSE’s website or by otherwise notifying you. By continuing to use the Platform after the date of the updated version, you agree to be bound by the updated terms. It is your responsibility to review this Agreement and the general terms of use, to be aware of the most recent terms.