This DataStax Luna Supplement (“Supplement”) applies to any use of DataStax Luna 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 DataStax Luna Terms or the Agreement. Capitalized terms used but not defined in this Supplement have the meanings given to them in the MSA.
1. No License Rights Granted. A DataStax Luna Subscription provides Customer with access to DataStax technical support for supported Clusters of Apache Cassandra and if applicable the associated Open Source Projects during the Product Term. Notwithstanding Section 1.1 of the MSA, no license to Apache Cassandra, the Open Source Projects, or any DataStax proprietary software is provided in connection with a DataStax Luna Subscription. Customer must license and download Apache Cassandra and the Open Source Projects separately. During the Product Term, DataStax may make available to Customer certain DataStax software tools, patches or fixes, which may be subject to separate license terms.
2. Support. During the Product Term DataStax shall provide Customer the applicable Support for any supported Nodes or Clusters.
3. Modifications; Discontinuation of Service. Customer agrees and understands that DataStax may make modifications, including discontinuation of the DataStax Luna services at the end of a Product Term, from time to time and will use commercially reasonable efforts to notify Customer of any material modifications.
4. Suspension of Support. DataStax reserves the right to temporarily suspend Customer’s access to the Support portal for scheduled maintenance periods, for which DataStax will endeavor to provide Customer with advanced notice, where it is reasonably possible for DataStax to do so.
5. Increased Volume of Use. Customer may increase its use during the Product Term beyond the scope specified in the Order Schedule, provided that Customer notifies DataStax of the additional use within 30 days and pays the applicable Fees, starting at the date of increased use. The Order Schedule will specify the scope of the Subscription purchased by Customer, including as follows: (1) number of Clusters; and/or (2) other applicable license parameters.
6. Data Restrictions. Customer agrees that: (i) DataStax is not acting on Customer’s behalf as a Business Associate or subcontractor; (ii) Customer should not transmit any protected health information (“PHI”) to DataStax; (iii) Customer should not transmit to DataStax any information that would require DataStax to be compliant with the Health Insurance Portability and Accountability Act of 1996, as amended and supplemented (“HIPAA”); (iv) to the extent required under applicable law, Customer will obtain any consents from Customer’s end users that are required for Customer to pass the Account Data and/or Support Data to DataStax in order for DataStax to provide Support. In the preceding sentence, the terms “Business Associate,” “subcontractor,” “protected health information” or “PHI” shall have the meanings described in HIPAA.
7. Survival. In addition to Section 10.12 of the Agreement, Section 6 (Data Restrictions) of this Supplement will survive any expiration or termination of this Agreement.
“Apache Cassandra” means the Open Source Software licensed by the Apache Software Foundation (ASF) as made available at http://cassandra.apache.org/download/ or from datastax.com. Apache and Cassandra are trademarks of The Apache Software Foundation, and are not owned or distributed by DataStax.
“Cluster” means a collection of Nodes running the Software which communicate with one another via Gossip.
“DataStax Luna” means the DataStax Support offering for Apache Cassandra and if applicable for the Subscription Tier other Open Source Projects used in conjunction with Apache Cassandra.
“Documentation” means with respect to DataStax Luna only the open source software documentation for Apache Cassandra as made available at http://cassandra.apache.org/.
“Gossip” means the mechanism within the Software enabling related Nodes to communicate with one another.
“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.
“Open Source Projects” means the following open source projects:
as made available at their respective project sites or from datastax.com.
“Subscription” means Customer’s subscription to DataStax Luna during a specified Product Term.
“Product Term” with respect to DataStax Luna, unless otherwise specified at the time of purchase the Product Term is 12 months.
“Subscription Tier” means the DataStax Luna tier to which Customer has subscribed. Subscription Tiers are further described in the Support Addendum.
“Support” means the support services of the Supported Software as described in the Support Policy available at https://www.datastax.com/legal/luna-supplemental-support-policy.
“Supported Software” shall have the meaning defined in Section 1 of the Support Policy to this Agreement.
“Trial Period” shall mean any term for which DataStax provides a DataStax Luna Subscription to Customer for no fee.