Lumen Edge Bare Metal

Supplemental Terms

Updated: December 20, 2022

The following Supplemental Terms apply only to the Lumen Edge Bare Metal Services (“Services”), to which these terms relate. In the event of a conflict between the terms of these Supplemental Terms and the terms of the Hybrid Technologies Service Exhibit (formerly known as the CenturyLink TS Service Exhibit), the terms and conditions of these Supplemental Terms apply, but only to the extent of such conflict. Capitalized terms used in these Supplemental Terms but not defined here will have the meanings set forth in the Agreement.

Lumen provided Third Party Software

In conjunction with certain Service types, you may be permitted to use certain Third Party Software. The Customer’s election to use certain Third Party Software requires Lumen to pass through certain end user license terms and use of the applicable Service constitutes acceptance of the additional terms either identified below or located at the applicable URL at the time of download.

Managed OS. If made available by Lumen, Customer agrees to the following end user terms associated with the applicable OS selected by Customer.

Red Hat. https://www.redhat.com/licenses/Red_Hat_Standard_EULA_20191108.pdf

Microsoft. Download and use of Microsoft OS constitutes Customer’s acceptance of Microsoft end user license terms, a current version of which is attached hereto as Exhibit A.

Open Source. Customer agrees that open source software is licensed to Customer from the original licensor (and not Lumen) under, and are subject to, the terms of the applicable Open Source License Agreement, which Customer agrees to.

Below is a list of available Open Source Operating Systems

  • Ubuntu
  • Centos
  • Rocky Linux

Lumen provides the latest available Operating System version available from the Operating System vendor at time of server provisioning. It is the sole responsibility of the Customer to update, patch, and maintain the Operating System(s) for Edge Bare Metal services.

Customer Provided OS

BYOL (Bring Your Own License). If Customer elects to deploy OS software it has licensed directly from the applicable software provider, Customer agrees that it is solely responsible for managing the license, including any necessary updates or upgrades, and complying with all Customer Provided Software terms in the Exhibit. If you BYOL, Lumen does not charge license fees. Instead, Customer will pay for the usage of the server and any other applicable billable services.

Beta Programs

  1. Lumen may from time-to-time offer or make available certain features or applications noted as a pre-release version (each, a “Beta Service”). All Beta Services active and accessible are collectively known as the “Beta Program”. Customer’s participation in any Beta Services and the Beta Program is voluntary. Beta Services may be made available at no cost or subject to applicable fees. Given the pre-release nature of beta services, not all Beta Services may be documented in the current version of the Service Attachments.
  2. The Service Level Agreement (“SLA”) generally applicable to Lumen Edge Bare Metal Services is not applicable to any Beta Services made available as part of a Beta Program.
  3. This Section will not apply to any Beta Service(s) as of the date that Lumen elects to make the feature or application generally available in accordance with the Service Schedule.
  4. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE BETA SERVICE IS DESIGNATED AS A “PRE-RELEASE” OR “BETA” SERVICE, IS NOT A FULLY TESTED SERVICE OFFERING, AND HAS NOT BEEN COMPLETED ACCORDING TO LUMEN’S NORMAL DEVELOPMENT PROCEDURES. THE BETA SERVICE MAY CONTAIN BUGS, MAY NOT OPERATE PROPERLY OR PERFORM ALL INTENDED FUNCTIONS, AND MAY CAUSE ERRORS, DATA LOSS OR OTHER PROBLEMS. CUSTOMER ACCEPTS THE BETA SERVICE ON AN “AS IS”, “AS AVAILABLE” BASIS, WITH “ALL FAULTS”. Beta offerings (a) may be changed, suspended or discontinued at any time without prior notice to Customer and (b) are not covered by any SLA. LUMEN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED) REGARDING THE BETA SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONTAINED IN THE APPLICABLE AGREEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE BETA SERVICE(S) REMAINS SOLELY WITH THE CUSTOMER. NEITHER LUMEN NOR ANY OF ITS SUPPLIERS WILL BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO USE OF THE BETA SERVICES, THE SERVICES OR YOUR PARTICIPATION IN THE BETA PROGRAM (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF REVENUE OR PROFIT, LOSS OF TIME OR BUSINESS), WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT OR OTHERWISE, AND REGARDLESS OF WHETHER LUMEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER’S SOLE REMEDY FOR ANY FAILURE BY LUMEN TO PROVIDE THE BETA SERVICES OR ANY DAMAGES OR LIABILITY ARISING THEREFROM IS TO DISCONTINUE OR DISCONNECT THE BETA SERVICES.
  5. Except as otherwise expressly indicated in a written notice or the documentation for a given Beta offering, (i) Beta services may not be covered by otherwise available Lumen provided support and (ii) any applicable data processing and security terms or obligations do not apply to Beta services and Customer should not use Beta services to process personal data or other data subject to legal or regulatory compliance requirements. Certain Beta services may be subject to additional terms.

TRIAL PROGRAMS

Lumen may from time to time offer trials or evaluations. Each trial or evaluation will have certain parameters and limitations, details of which can be found here. Notwithstanding anything to the contrary in the Agreement and Service Exhibit, Customer’s election to utilize the Services and Lumen’s confirmation of Customer’s election to utilize the trial is subject to all of the following:

  1. Services during any trial period are provided “as-is” and “as-available” and Lumen will have no liability of any kind. No otherwise applicable Serve Level Agreement applies during a trial or evaluation period. Customer’s sole remedy during use of service during a trial is to terminate Service.
  2. As a condition of utilizing a trial and evaluating Services at no charge, Customer agrees to comply with all conditions or requirements of the trial, including restrictions on locations, usage, server size, server numbers, connectivity and other Service features.
  3. All third party licensing terms apply to any software used during a trial.
  4. The trial will commence on the Service Commencement Date and will automatically end upon the expiration of the applicable trial period (which maybe a number of days or a maximum usage amount) and as specified in the applicable program details. Upon expiration of the trial period, Customer’s continued use of the Services constitutes Customer’s agreement to pay all applicable charges associated with activated Services in accordance with all applicable terms and conditions.
  5. Lumen reserves the right to discontinue or modify the terms of any trial at any time without notice.


EXHIBIT A

END USER LICENSE TERMS

TERMS AND CONDITIONS REGARDING USE OF MICROSOFT SOFTWARE

This document governs the use of Microsoft software, which may include associated software, media, printed materials, and “online” or electronic documentation (individually and collectively, “Products”) provided by CenturyLink Communications, LLC (hereinafter referred to as “Customer”). Customer does not own the Products and the use thereof is subject to certain rights and limitations of which Customer must inform you. Your right to use the Products is subject to the terms of your agreement with Customer, and to your understanding of, compliance with, and consent to the following terms and conditions, which Customer does not have authority to vary, alter, or amend.

  1. DEFINITIONS.

    “Client Software” means software that is installed on a Device that allows the Device to access or utilize the Products.

    “Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” server or any other hardware where software can be installed that would allow End User to interact with the Product.

    “End User” means an individual or legal entity that obtains Software Services directly from Customer, or indirectly through a Software Services Reseller.

    “Redistribution Software” means the software described in Paragraph 4 (“Use of Redistribution Software”) below.

    “Software Services” means services that Customer provides to you that make available, display, run, access, or otherwise interact, directly or indirectly, with the Products. Customer must provide these services from data center(s) through the Internet, a telephone network or a private network, on a rental, subscription or services basis, whether or not Customer receives a fee. Software Services exclude any services involving installation of a Product directly on any End User device to permit an End User to interact with the Product.

  2. OWNERSHIP OF PRODUCTS. The Products are licensed to Customer from an affiliate of the Microsoft Corporation (collectively “Microsoft”). Microsoft Products are protected by copyright and other intellectual property rights. Products and other Product elements including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Products are owned by Microsoft or its suppliers. You may not remove, modify or obscure any copyright trademark or other proprietary rights notices that are contained in or on the Products. The Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Products does not transfer any ownership of the Products or any intellectual property rights to you.
  3. USE OF CLIENT SOFTWARE. You may use the Client Software installed on your Devices only in accordance with your agreement with Customer and the terms under this document, and only in connection with the Software Services, provided to you by Customer. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during the installation and/or use of the Client Software.
  4. USE OF REDISTRIBUTION SOFTWARE. In connection with the Software Services provided to you by Customer, you may have access to certain “sample,” “redistributable” and/or software development software code and tools (individually and collectively “Redistribution Software”). You may use, copy and/or install the Redistribution Software only in accordance with the terns of your agreement with Customer and this document and/or your agreement with Customer.
  5. COPIES. You may not make any copies of the Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by Customer; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Customer, upon notice from Customer or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the Products.
  6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
  7. NO RENTAL. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Products except for the sole purpose of accessing the functionality of the Products in the form of Software Services in accordance with the terms of this agreement and any agreement between you and Customer.
  8. TERMINATION. Without prejudice to any other rights, Customer may terminate your rights to use the Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with Customer or Customer’s agreement with Microsoft under which the Products are licensed, you must stop using and/or accessing the Products, and destroy all copies of the Products and all of their component parts within thirty (30) days of the termination of your agreement with Customer.
  9. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. Microsoft disclaims, to the extent permitted by applicable law, all warranties and liability for damages by Microsoft or its suppliers for any damages and remedies whether direct, indirect or consequential, arising from the Software Services. Any warranties and liabilities are provided solely by Customer and not by Microsoft, its affiliates or subsidiaries.
  10. PRODUCT SUPPORT. Any support for the Software Services is provided to you by Customer or a third party on Customer’s behalf and is not provided by Microsoft, its suppliers, affiliates or subsidiaries.
  11. NOT FAULT TOLERANT. The Products are not fault-tolerant and are not guaranteed to be error free or to operate uninterrupted. You must not use the Products in any application or situation where the Product(s) failure could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”).
  12. EXPORT RESTRICTIONS. The Products are subject to U.S. export jurisdiction. Customer must comply with all applicable laws including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see https://www.microsoft.com/exporting/.
  13. LIABILITY FOR BREACH. In addition to any liability you may have to Customer, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
  14. INFORMATION DISCLOSURE. You must permit Customer to disclose any information requested by Microsoft under the Customer’s Agreement. Microsoft will be an intended third party beneficiary of your agreement with Customer, with the right to enforce provisions of your agreement with Customer and to verify your compliance.