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You’re about to find out why enterprises like Netflix, Motorola, Cisco, Digital River, and many others use DataStax Enterprise for their critical database infrastructure. DataStax Enterprise may be used free of charge for development purposes, but requires a commercial subscription when deployed for production use. See the DataStax Enterprise end user license agreement for more details.

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DataStax Enterprise Development EULA DataStax Enterprise (Development License) END USER LICENSE AGREEMENT This End User License Agreement (this "Agreement") is between DATASTAX, Inc. ("DataStax") and the party who downloads the Enterprise software either individually or as an authorized agent of his or her company or employer ("Customer"). This is a license agreement for DataStax Enterprise. Customer agrees to the terms of this Agreement by accepting these terms during the process of downloading the Enterprise software, loading Enterprise, transferring Enterprise, or otherwise using Enterprise. The parties agree as follows: Definitions. 1.1 "Enterprise" means the software provided with the download and described in Exhibit A below. 1.2 "Effective Date" means the date Customer accepts this during the process of downloading the Enterprise software, loading Enterprise, transferring Enterprise, or otherwise using Enterprise. 1.3 "Software" means DataStax proprietary software provided with Enterprise including OpsCenter and other proprietary software that may have Open Source Software components. The Software is provided in object code only but the open source components of Enterprise are available in source code. 1.4 "Documentation" means the published and released electronic documentation for Enterprise. 1.5 "Open Source Software" means software in source code form which may require a party who makes derivative works of the source code to grant back licenses of the derivative works to the licensor and possibly other third parties. License Grant. 2.1 DataStax grants Customer a perpetual, non-exclusive, non-transferable, non-sublicensable limited right to use the Software and the related Documentation for internal development, testing, prototyping and evaluations only. Customer must obtain a separate license from DataStax to use the Software commercially, in production, or to manage or process data. Support and professional services may be obtained through a separate agreement. 2.2 Customer agrees and acknowledges that: Customer will not (1) copy, modify or create any derivative works of the Software (or any portion thereof); (2) disassemble, reverse assemble, decompile, reverse engineer or otherwise attempt to derive the source code, the underlying ideas, algorithms, structure or organization of the Software; (3) assign, sublicense, transfer, lease, rent or redistribute the Software or use the Software to provide services to third parties; (4) authorize or permit any other party to do any of the foregoing; or (5) use the Software commercially, in production or in a production environment, or to manage or process data. There are no implied licenses. In particular, there is no license to source code. All rights not expressly granted to Customer are reserved solely to DataStax. Customer shall adequately back up all databases, data, reports and data structures that use or access Enterprise. DataStax has no responsibility to backup or restore any data or databases under this Agreement. Open Source Software components of Enterprise are provided without charge and are subject to the license terms included with Enterprise. The license agreements are provided in the "read me" file available upon access to Enterprise. Please review these licenses before using Enterprise. Confidential Information. The Software is the Confidential Information of DataStax and its licensors. Licensee may not use the Software for any commercial implementation or in its operations. Licensee may not (i) sell, rent, lend, lease, assign, sublicense or transfer the Software; (ii) modify, alter, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code for the Software, in whole or in part; (iii) reveal the Software or any materials associated therewith to any third party; (iv) reveal any bench marking or test results obtained with or through use of the Software. Exceptions. Confidential Information shall not include any information that: (a) has become generally known or available to the public without breach of any obligation of confidentiality owed to DataStax, or (b) has become known by or available to Customer from a source other than DataStax, without any breach of any obligation of confidentiality, and (c) relates to the source code for any Open Source Software included with Enterprise. If Customer is or may be required to disclose Confidential Information pursuant to an order from a court of competent jurisdiction or applicable law, Customer shall give DataStax immediate written notice thereof and shall provide DataStax a reasonable opportunity to contest such requirement or to seek an order preventing or limiting the disclosure prior to making any such disclosure. Ownership. Customer's rights in and to the Software are solely as set forth herein and do not include any rights of ownership. Customer acknowledges that DataStax owns all rights, title and interest in and to trade secrets, patents, copyrights, trademarks, trade names, know-how or other intellectual property or proprietary rights, current or future, under the laws of any jurisdiction, together with all applications therefor and registrations thereto in and to the Software (except Open Source Software included with Enterprise), and all modifications or improvements thereto, whether or not created by DataStax. DataStax makes no claims to ownership of third party open source software components provided with Enterprise, which are governed by separate license agreements issued by the respective licensors. NO WARRANTY. No warranty is provided for Enterprise, express or implied, which is only provided "AS IS". Disclaimer of Implied Warranties. DATASTAX MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. DATASTAX DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE ERROR FREE, THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE FUNCTIONALITY WILL MEET CUSTOMER'S REQUIREMENTS. Limitation of Liability. IN NO EVENT WILL 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 DATASTAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DATASTAX'S MAXIMUM AGGREGATE LIABILITY HEREUNDER EXCEED U.S. $500. Termination. This Agreement may be terminated as follows: Either party may terminate this Agreement upon written notice that the other party is in material breach of this Agreement. A party has 30 days to cure the breach. If the breach is not cured, the Agreement is terminated at the end of the 30-day period. Customer may also terminate this Agreement by deleting Enterprise and all Documentation. Entire Agreement. This is the entire agreement between Customer and DataStax on this subject matter. Governing Law. This Agreement is governed by the law of the State of California without reference to its conflict of laws provisions. Arbitration. In any action between the parties shall be resolved through binding AAA arbitration in San Francisco, California. The prevailing party shall recover its attorneys' fees. Exhibit A: DataStax Enterprise: Apache Cassandra: Open Source Apache Hadoop ( with MapReduce, Hive and Pig): Open Source Apache Solr: Open Source Apache Sqoop: Open Source Apache Log4j: Open Source DataStax Enterprise Server: Proprietary with Open Source Components OpsCenter Enterprise: Proprietary with Open Source Components Installers: Proprietary with Open Source Components Tools: Proprietary with Open Source Components Example Database and Application: Proprietary with Open Source Components Java I agree to the end user license agreement above
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