Chest - SAS Virtual and Cloud Installation Definitions

Please be sure to read the SAS Licence Terms and Conditions on the right carefully before purchasing SAS Software under this agreement.

Any virtual environment is:
1. identified by a unique name (the “Virtual Machine”);
2. created using commercially available virtualization software;
3. run only on a single physical host machine (if licensed for a “single platform”) at any given time but may be moved from one physical host machine to another so long as the Virtual Machine allocated to it remain unchanged; and
4. the physical host machine (or machines in the case of a “multi-platform” licence) must be located on Licensee’s premises.
Any Cloud Computing environment is where the Licensee represents that it has established and currently maintains a private online account, identified in an Order form by account number, (“Cloud Account”) with a third party provider (“Provider”) of public Internet-based computing resources (“Public Cloud”).

Upon submission of an Order and as such information is updated from time to time, Licensee will provide to SAS Licensee’s Cloud Account number and any other information reasonably required by SAS to enable Licensee’s use of the Software within Licensee’s Cloud Account.

Notwithstanding anything to the contrary contained in the Agreement or Order, Licensee may install and store an image of the Software in a single Licensee controlled Cloud Account.

Licensee shall use the Public Cloud facilities to structure its Cloud Account such that (i) installation and storage of the Software image is restricted at all times to Licensee’s Cloud Account and (ii) access to the Software image is restricted at all times to authorized Users.

Licensee shall not apply an active Product Authorization Code to a Software image. Licensee shall install within its Cloud Account only Software designated by SAS as version 9.3 maintenance release 2, or later.

Licensee may use the Software image to create a running instance and shall apply Product Authorization Codes provided by SAS only to a running instance. If the licensed Software is designed for deployment across multiple hardware tiers, an instance shall be defined as a single virtual machine within the deployment and such deployment may include multiple instances corresponding to the multiple hardware tiers. If the Software is designed for deployment on a single hardware tier, an instance is defined as a single virtual machine and such deployment shall include only a single instance.

Licensee may use Public Cloud features to clone and/or save Licensee’s instance(s) of the Software only to the extent required to enable Licensee to use the Software as authorized hereunder.

Licensee shall not use Public Cloud features to make the Software available to other Public Cloud accounts or for local deployment of the Software outside of Licensee’s Cloud Account.

SAS is not responsible for any fees charged to Licensee by the Public Cloud Provider; for maintenance and support of any Public Cloud software or resources; for management, back-up and/or restoration of Licensee content or data; or for any loss of content or productivity resulting from issues associated with the Public Cloud.

Licensee shall indemnify and hold harmless SAS for any damages, costs or expenses accruing to SAS arising out of or related to any access to or use of the Software and/or Product Authorization Code by any party including, but not limited to, Provider, in any manner that is inconsistent with the terms and conditions of the Agreement or the Order form or SAS’ intellectual property rights.

SAS technical support is limited to assistance with issues related to Software functionality.

SAS makes no representations or warranties with respect to Software performance in a Public Cloud.

Information regarding SAS’ technical support policies, including support for Software installed in a Public Cloud, can be found at SAS Customer Support.