This DataStax Enterprise Software (“DSE” or “Software”) Supplement (“Supplement”) applies to any use of DSE by Customer. The Supplement and any Order Schedule are governed by the Master Subscription Agreement between Customer and DataStax (“MSA”). This Supplement, the MSA and any applicable Order Schedule shall be collectively referred to as the DSE Terms or the Agreement. Capitalized terms used but not defined in this Supplement have the meanings given to them in the MSA.
1. Subscription. DataStax provides Support for and licensing of its Software as a combined subscription (a “Subscription”) for the Product Term.
2. Support. If Customer has purchased a Subscription, DataStax will provide Customer with Support of the Software during the Product Term. “Support” means the services described in the DSE Support Policy available at https://www.datastax.com/legal/datastax-support-policy.
3. Limited No-Fee License. DataStax grants Customer a No-Fee License to use the Software for a period of ninety (90) days (unless otherwise agreed to by DataStax in writing).
4. Increased Volume of Use. For increased use of the Software other than Authorized Bursting Use (as defined below), Customer may increase its use during the Product Term beyond the scope specified in the Order Schedule, provided that Customer promptly notifies DataStax of the additional use and pays the applicable Fees. The Order Schedule will specify the scope of the Subscription purchased by Customer, including as follows: (1) production or non-production use; (2) number of Nodes and Cores; and/or (3) other license parameters set forth in the applicable Order Schedule. “Node” means a Java Virtual Machine (a platform-independent execution environment that converts Java bytecode into machine language and executes it) that runs an instance of the Software. A “Core” means an independent, physical processing unit on a CPU responsible for executing programs.
5. Bursting Use. Customer may, upon submission of notice to firstname.lastname@example.org, temporarily increase its use of the Software by 20% above the volume of use in its then-current Subscription for not more than two months for each 12 month period from the date of the notice (“Authorized Bursting Use”). If Customer increases its use beyond Authorized Bursting Use, it must notify DataStax and pay the applicable Fees.
6. Purchases Through a Reseller. If Customer purchases a Subscription from a reseller that has been authorized by DataStax then Customer will comply with the applicable product specific licensing terms at https://www.datastax.com/legal/product-specific-license-terms.
7. Inspection. During the term of this Agreement and for one year thereafter, but no more than once in a 12 month period and on no less than 30 days’ notice, Customer shall permit DataStax or its designated agent to inspect Customer’s facilities and records to verify Customer’s compliance with the Agreement. DataStax at its option may require that an executive officer of Customer certify in writing to Customer’s compliance with this Agreement and disclose the scope of use of the Software by Customer including the project in which the Software is being used and any projected date for any applicable non-production projects to go into production.
8. Restrictions. In addition to the Restrictions in Section 1 of the MSA, Customer shall not and shall not permit others under its control to use the included ODBC driver to connect to other distributions of the components of the Software.