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LICENSE
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DataStax Docker Scripts and Tooling License Terms
Last Updated Date: October 6, 2017
PLEASE READ THIS DATASTAX DOCKER SCRIPTS AND TOOLING LICENSE TERMS
(“AGREEMENT”) CAREFULLY. BY CLICKING A BOX INDICATING ACCEPTANCE,
DOWNLOADING OR USING THE SOFTWARE DOWNLOADED (“Licensed Software”), YOU
ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE
AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY,
YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL
ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO
NOT WISH TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE THE LICENSED
SOFTWARE.
1. Software License
Subject to the terms and conditions of this Agreement, and provided
that you have a current, paid DataStax Enterprise software
subscription, DataStax grants you a non-exclusive, non-transferable,
non-sublicensable, limited, royalty-free license to use the Licensed
Software, without the right to re-distribute to any third party. If
you do not have a current, paid DataStax Enterprise software
subscription, you may not install or use the Docker Scripts and Tooling.
2. Restrictions
Licensed Software is confidential and copyrighted. Except as expressly
permitted under this Agreement, you agree not to assign, distribute,
transfer, lease, disassemble, decompile, reverse engineer, or create
derivative works of the Licensed Software, in whole or in part, or
permit or authorize a third party to do so. If you have a current,
paid DSE software subscription, you are entitled to modify the Licensed
Software only to the extent necessary to enable the Licensed Software
to properly function within your environment.
3. Ownership
The Licensed Software is licensed, not sold. DataStax retains title,
ownership, and all associated intellectual property of Licensed
Software. You will not delete or in any manner alter the copyright,
trademark, and other proprietary rights notices or markings appearing
on the Licensed Software as delivered to you. If the Licensed Software
is being used by or on behalf of the U.S. Government, then the U.S.
Government’s rights in them will be only those specified in this
Agreement, consistent with FAR 12.212 and DFARS 227.7202-1 through
227.7202-4, as applicable.
4. Term
This Agreement is effective until terminated. DataStax reserves the
right, in its sole discretion, to terminate this Agreement upon
30-days’ written notice. You may terminate this Agreement at any time
by destroying all copies of Licensed Software. This Agreement will
terminate immediately without notice from DataStax if you fail to
comply with any provision of this Agreement. Either party may terminate
this Agreement immediately should any Licensed Software become, or in
either party’s opinion be likely to become, the subject of a claim of
infringement of any intellectual property right. Upon termination, you
must destroy all copies of Licensed Software.
5. Feedback
If you provide any suggestions, feedback, or improvements to the
Licensed Software, DataStax will have the right to use and have others
use such suggestions, feedback, and improvements for any purpose. You
hereby irrevocably assign to DataStax all rights, title and interest in
such suggestions, feedback, or improvements.
6. Disclaimer of Warranty
Unless required by applicable law or agreed to in writing, DataStax
provides Licensed Software on an “as-is” basis. EXCEPT AS EXPRESSLY
PROVIDED IN THIS AGREEMENT, DATASTAX PROVIDES NO OTHER WARRANTIES
REGARDING THE LICENSED SOFTWARE, AND TO THE FULLEST EXTENT PERMITTED BY
LAW DISCLAIMS ALL OTHER WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES, TERMS AND CONDITIONS
ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DATASTAX OR
ELSEWHERE WILL CREATE ANY WARRANTY, TERM OR CONDITION UNLESS EXPRESSLY
STATED IN THIS AGREEMENT.
7. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall
DataStax be liable for the cost of procurement of substitute goods or
technology, loss of profits, or for any special, consequential,
incidental, punitive or indirect damages on any theory of liability,
whether in contract, tort, strict liability or otherwise, even if
advised of the possibility of such damages. To the fullest extent
permitted by applicable law, in no event shall the total liability of
DataStax to you under this Agreement exceed one hundred US dollars
($100.00).
8. Miscellaneous
8.1. Assignment. You may not assign this Agreement by operation of law
or otherwise. DataStax may assign this Agreement upon written notice.
8.2. Entire Agreement. This Agreement constitutes the complete
Agreement between the parties and supersedes all prior or
contemporaneous agreements or representations, written or oral,
concerning the subject matter of this Agreement. No modification of
this Agreement will be binding, unless in writing and signed by an
authorized representative of each party.
8.3. Export Controls. By using the Licensed Software, you agree to
comply with all import, export, and re-export restrictions and
regulations of the United States and other countries.
8.4. Inspection. During the term of this Agreement and for one year
thereafter, DataStax or its designated agent may inspect your
facilities and records to verify your compliance with the Agreement.
Any such inspection will take place only during your normal business
hours and upon no less than 15 days prior written notice.
8.5. Governing Law. This Agreement is to be construed in accordance
with the laws of the State of California and controlling U.S. federal
laws, without regard to the choice of law rules of any jurisdiction.
8.6. Severability and Waiver. If any provision of this Agreement (or
any portion hereof) is held to be unenforceable, this Agreement will
remain in effect with the provision omitted, unless omission would
frustrate the intent of the parties. The waiver by either party of any
default or breach of this Agreement will not constitute a waiver of any
other or subsequent default or breach.
8.7. Third Party Code. Additional copyright notices and license terms
that may be applicable to portions of the Licensed Software are set
forth, if any, in a license.txt file.
9. Questions
If you have questions, please contact us using the information at
www.datastax.com/contact.