This Extended EOS (End of Service and Support, as defined in the EMR Lifecycle Policies) E-MapReduce (“EMR”) Clusters Service Agreement (“Agreement”)is entered into by and between the applicable Alibaba Cloud contracting entity under the Alibaba Cloud International Website Product Terms of Service(“Alibaba Cloud”) and you for use of the Extended EOS EMR Clusters Service (“Service”,as defined below). Before using the Service, please carefully read all the terms of this Agreement (especially those capitalized). BY CLICKING TO AGREE OR OTHERWISE ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE FULLY READ, UNDERSTOOD, AND ACCEPTED ALL THE TERMS OF THIS AGREEMENT. THIS AGREEMENT BECOMES EFFECTIVE WHEN YOU ACCEPT IT VIA THE ONLINE INTERFACE OR OTHER MEANS. IF YOU DO NOT AGREE WITH THIS AGREEMENT OR ANY OF ITS TERMS, PLEASE REFRAIN FROM PROCEEDING.
1.Definitions
a. “Extended EOS EMR Clusters Service” or “Service” means the retention service for cluster resources and associated cloud resources provided by Alibaba Cloud to you, in accordance with your application for the continuation of cluster resources for specified EMR clusters after the corresponding EMR version has reached its EOS, as well as the terms of this Agreement.
2.Risk Disclosure
Alibaba Cloud hereby advises you to fully understand the following risks before choosing to use the Service:
a. IF YOU CHOOSE TO USE THE SERVICE, ALIBABA CLOUD WILL RETAIN THE RELEVANT CLUSTER RESOURCES AND ASSOCIATED CLOUD RESOURCES AFTER THE APPLICABLE EOS BUT WILL NOT PROVIDE ANY TECHNICAL SUPPORT OR SERVICES FOR THE CORRESPONDING CLUSTERS OR EMR VERSIONS (EXCEPT FOR THE RETENTION OF CLUSTER RESOURCES).
b. IF YOU CHOOSE TO USE THE SERVICE, GIVEN THAT THE CORRESPONDING EMR VERSION HAS REACHED EOS, (I) ALIBABA CLOaUD WILL MAKE NO GUARANTEES REGARDING THE SECURITY OR STABILITY OF SUCH EMR VERSIONS OR THE RETAINED CLUSTER RESOURCES; (II) NO SERVICE LEVEL AGREEMENT (SLA) PROVIDED BY ALIBABA CLOUD WILL COVER THE RETAINED CLUSTER RESOURCES OR THE CORRESPONDING EMR VERSION(S). YOUR BUSINESS MAY FACE VARIOUS RISKS , INCLUDING BUT NOT LIMITED TO STABILITY ISSUES, SECURITY VULNERABILITIES, AND OTHER NON-FUNCTIONAL PROBLEMS, WHICH COULD RESULT IN OPERATIONAL DISRUPTIONS OR FINANCIAL LOSSES.
c. IF YOU CHOOSE TO USE THE SERVICE, ALIBABA CLOUD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DATA LOSS, BUSINESS INTERRUPTION, OR PROFIT LOSS) CAUSED BY OR RELATED TO THE USE OF THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY FOR THE RISKS, CONSEQUENCES, AND LIABILITIES ASSOCIATED WITH SUCH USAGE.
3.Service Scope and Fees
a. Service Scope : After fully understanding the aforementioned risks and voluntarily assuming the associated consequences and responsibilities, you may access the Service provided by Alibaba Cloud, including:
i. Continued operation of the relevant EMR clusters and associated Alibaba Cloud resources, such as ECS instances and public IP bandwidth.
ii. If you are a subscription-based user, you may renew the relevant EMR clusters. If you are a pay-as-you-go user, you may continue paying for the usage of the relevant EMR clusters and associated cloud resources.
b. Service Fees : The fees for the relevant EMR clusters and associated cloud resources will be calculated according to applicable pricing policies provided by Alibaba Cloud, with no additional charges incurred.
4.Service Notices
a. ALIBABA CLOUD RESERVES THE RIGHT TO MODIFY THIS SERVICE OR REMOVE EMR VERSIONS THAT HAVE REACHED EOS FROM RELEVANT APIS AND SDKS FOR REASONS RELATED TO SECURITY, OPERATIONAL EFFICIENCY, OR OTHER BUSINESS CONSIDERATIONS. PRIOR TO MAKING SUCH MODIFICATIONS OR REMOVALS, ALIBABA CLOUD WILL SEND ALERT NOTIFICATIONS VIA EMAILS, MESSAGES, ETC. TO YOU 30 CALENDAR DAYS IN ADVANCE. ALIBABA CLOUD WILL REFUND ANY PREPAID BUT UNCONSUMED AMOUNTS TO YOUR ALIBABA CLOUD ACCOUNT (IF APPLICABLE).
b. Although Alibaba Cloud may provide this Service in accordance with this Agreement, Alibaba Cloud strongly recommends that you upgrade the EMR version used for your cluster resources as soon as possible to ensure the stability and security of your data and business.
5.Others
a. ALIBABA CLOUD RESERVES THE RIGHT TO AMEND OR RE-ESTABLISH THIS AGREEMENT AT ANY TIME DUE TO CHANGES IN LAWS, REGULATIONS, POLICIES, CORPORATE STRATEGIES, OR PRODUCT/SERVICE UPGRADES. UPDATED TERMS WILL TAKE EFFECT IMMEDIATELY UPON PUBLICATION AND WILL SUPERSEDE THE PREVIOUS TERMS. YOU MAY REVIEW THE LATEST VERSION OF THE AGREEMENT ON THIS PAGE. BY CONTINUING TO USE THE SERVICE, YOU ACCEPT THE UPDATED TERMS. IF YOU DO NOT AGREE WITH THE CHANGES, PLEASE CEASE USING THE SERVICE IMMEDIATELY.
b. This Agreement supplements the Alibaba Cloud International Website Product Terms of Service, Alibaba Cloud International Website Membership Agreement,Alibaba Cloud International Website Terms of Use, Alibaba Cloud International Website Privacy Policy, and EMR Lifecycle Policy(collectively, the “Documents”). In case of any conflict between this Agreement and the Documents, this Agreement shall prevail. Any matters not addressed in this Agreement shall be governed by the Documents.
c. All provisions of this Agreement are independently enforceable. If any provision of this Agreement is wholly or partially invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions.