MLOps (Machine Learning Operations) Fundamentals

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  THIS TERMS OF SERVICE AGREEMENT (THE “AGREEMENT”), ALONG WITH THE PRIVACY POLICY LOCATED AT qwiklab.com/privacy_policy (THE “PRIVACY POLICY”), ESTABLISHES THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE SERVICE (AS DEFINED BELOW) OFFERED BY CLOUD VLAB INC. (“CLOUD VLAB” OR ‘WE’). BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE REGISTRATION PROCESS OR BY USING THE SERVICE OR ANY PORTION THEREOF, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE PRIVACY POLICY, INCLUDING ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.

  Definitions“Service” means the Lab Service and the Lab Creation Service, collectively, along with the Qwiklab Site.“Lab Service” means the educational, training, and learning services provided to you through the Qwiklabs Site, or any related website provided by Cloud vLab, in concert with your respective Lab Sponsor.“Creator role” means the designation of your account as a creator to access the “Lab Creation Service”. If you have the Creator role, all sections of this agreement apply to you including sections that reference the Lab Service and the Lab Creation Service.“Lab Creation Service” means the services and functionality hosted by Cloud vLab and made available to you only if you have a “Creator role” on or through the Qwiklabs Site through which you may deploy, configure, customize, manage, administer, and control a virtual server for implementing and testing software as a part of your training through the Lab Service.“Lab Sponsor” means the company or other organization with whom you are employed or otherwise associated in connection with the Lab Service."Content" means any content or work of authorship created, owned or licensed by you only if you have a “Creator role’, submitted to the Lab Creation Service, and that is transmitted, rendered, displayed or executed on or through the Service, including without limitation any text, postings, audio, sounds, video, photos, images, messages, software, and materials.“Sponsor Content” means any content or work of authorship created, owned, or licensed by your Lab Sponsor and utilized in the Service.“Qwiklabs Technology” means all of Cloud vLab’s proprietary technology (including, but not limited to, software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs, and other tangible or intangible technical material or information) made available to you by Cloud vLab in providing the Service, excluding Sponsor Content.“Qwiklabs Site” means the web site located at Qwiklab.com, and/or any related or successor URLs operated or controlled by Cloud vLab.“Resources” means any virtual or physical infrastructure provided to you by the Service.Use of the ServiceOverview of Rights

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  (d) If you have a Creator role any use of the Lab Creation Service and the Resources must be limited to use for the sole purpose of completing or participating in Lab Services provided by your Lab Sponsor. The Resources may not be made available to or accessed by any third party other than your Lab Sponsor and/or any individuals acting on behalf of your Lab Sponsor. All software or other Content stored on the Resources may be deleted at any time by Cloud vLab. Cloud vLab makes no warranties or representations with respect to the performance, reliability, or functionality of the Lab Creation Service. All Content or other data stored on the Resources should be non-confidential and no warranty or representation is made with respect to the confidentiality or security of any Content stored on the Resources.

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  You acknowledge and agree that you have sole responsibility for ensuring that all Content submitted on or through the Service by you is compliant with the terms and conditions of this Agreement, all other terms of use agreements, disclaimers, and notices that may be displayed by Cloud vLab on or through the Service, and all Laws ("Applicable Terms"). You, and not Cloud vLab, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Content, and Cloud vLab shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Content. Cloud vLab reserves the right to, without notice, withhold, remove, and/or discard Content not in compliance with the Applicable Terms, and to remove or disable any Resources or account not in compliance with the Applicable Terms.

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  Intellectual PropertyCloud vLab Intellectual Property

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  Feedback

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  Modification of Terms

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  Term and TerminationTerm

  This Agreement commences upon your acceptance of this Agreement by clicking “I Accept” in the sign-up process for the Service and shall continue until terminated (the “Term”). You acknowledge and agree that Cloud vLab or your Lab Sponsor may terminate and/or suspend your access to any portion of the Service for any reason or for no reason at all, in Cloud vLab’s sole discretion, without prior notice. You may terminate this Agreement at any time by discontinuing your use of the Service. For users of Demo Accounts, this Agreement shall terminate upon the expiration of the corresponding Demo Period. All other user accounts shall terminate upon the conclusion or withdrawal of the Lab Service by the Lab Sponsor.

  Effects of Termination

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  Force Majeure

  In no event shall Cloud vLab incur any liability to you or any End Users on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement to the extent such delay or failure is caused by events, occurrences, or causes beyond the control and without negligence of Cloud vLab, including by not limited to acts of God, strikes, riots, acts of war, lockouts, earthquakes, fires, and explosions.

  General

  This Agreement shall be governed by Massachusetts law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Massachusetts. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. All notices to be delivered under this Agreement shall be sent via postal mail to the applicable party at the address notified by the applicable party in writing. Notice shall be deemed to have been given forty-eight (48) hours after the mailing of the written notice. No joint venture, partnership, employment, or agency relationship exists between you and Cloud vLab as a result of this agreement or use of the Service. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the waiving party in writing. The section headings herein are included merely for convenience of reference, do not limit or affect any of the contents of this Agreement, and are not to be considered part of, or to be used in interpreting, this Agreement. Cloud vLab may assign this Agreement at any time without prior notice to you. You may not assign this Agreement without the prior written consent of Cloud vLab, which consent may be withheld by Cloud vLab at its sole discretion. Any purported assignment by you in violation of this section shall be void. This Agreement, which incorporates the Cloud vLab Privacy Policy comprises the entire agreement between you and Cloud vLab and governs your use of the Service, superseding all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the Parties regarding the subject matter hereof.

  Last Updated: September 1, 2015

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