Product Terms · Last Updated Date:
September 22, 2022
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 in accordance with the 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 for Non Production use only, without the right to Support (unless otherwise agreed to by DataStax in writing).
4. Increased Volume of Use. Customer must immediately submit payment to DataStax for any use of the Software beyond those quantities or use specified in the applicable Order Schedule.
5. Scope of Subscription. 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.
6. 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 during Customer’s normal business hours to inspect Customer’s 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.
7. 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.
“Non-Production Core or Node” means Nodes or Cores that are deployed for Customer's internal testing and development (both pre and post production) and that are not deployed in an environment designed for production purposes.
“Production Core or Node” means Nodes or Cores that reside in a cluster, where the cluster cannot be taken offline, at any arbitrary time (including outages of any primary clusters), without affecting the availability, integrity, or performance of production applications.