Terms for Use of DDAC Software in Google Cloud Platform Marketplace

Services Terms · Last Updated Date: 
May 09, 2019

These Terms for use of DDAC Software in Google Cloud Platform Marketplace (“DDAC Terms”) are part of a legal agreement (the “Agreement”) between the person or entity agreeing to these terms (“Customer”) and DataStax, Inc. (“DataStax”), a Delaware corporation, and includes these DDAC Terms, and terms expressly incorporated herein by reference and any terms in a Marketplace Order. “Marketplace Order” means a DataStax authorized offering for use of DDAC Software that is published in the Google Cloud Platform Marketplace (“Marketplace”) and accepted by Customer (a “Marketplace Order”). This Agreement is effective as of the date Customer accepts the Agreement.

This Agreement sets forth the terms under which DataStax licenses the DDAC Software and provides Support to Customer. This Agreement applies only to use of DataStax DDAC Software that Customer obtains through Google LLC or its Affiliates (“Google”). This Agreement does not amend or terminate any other agreement that may exist between DataStax and Customer. “DDAC Software” means the DataStax Distribution of Apache Cassandra (“DDAC”) software, data and other materials made available to Customer related to the DDAC Software including error corrections, modifications and updates to such items, and including the Documentation. “DDAC Software” does not include, and DataStax does not warrant or support, software obtained from any source other than DataStax except for the authorized DDAC Software obtained from Google. “Documentation” means the materials available at www.datastax.com/docs, as amended from time to time. “Support” means the DDAC support services described in Section 1.3 hereof.

1. Subscriptions

1.1. Subscription. DataStax provides Support for and licensing of its DDAC Software as a combined subscription (a “Subscription”) during the time period that starts when Customer accepts the Marketplace Order and ends the earlier of when Customer ceases use of the DDAC Software under this Agreement or termination of the Subscription License by DataStax (the “Subscription Period”).

1.2. Subscription License. If Customer has purchased a Subscription, then subject to the Agreement, DataStax grants Customer a worldwide, nonexclusive, nontransferable, nonsublicensable, terminable license to use the DDAC Software during the Subscription Period (a “Subscription License”) subject to any license parameters specified in the applicable Marketplace Order.

1.3. Support. If Customer has purchased a Subscription, DataStax will provide Customer with Support of the DDAC Software during the Subscription Period subject to the DDAC Support Terms set forth in Exhibit A.

1.4. The Marketplace Order will specify the scope of the Subscription purchased by Customer, including as follows: (1) the DDAC Software licensed to Customer (2) prices applicable to Customer’s use of such DDAC Software. “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 DDAC Software. A “Core” means an independent, physical processing unit on a CPU responsible for executing programs.

1.5 Customer’s use of the DDAC Software shall be subject to the applicable product specific license terms available at https://www.datastax.com/terms/product-specific-license-terms.

1.6. 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 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 DDAC Software by Customer including the project in which the DDAC Software is being used and any projected date for any applicable non-production projects to go into production.

2. Payment

2.1. Fees. Customer will pay Google all fees and any applicable Taxes (the “Fees”) as specified in the Marketplace Order. If Customer fails to pay Google the Fees, DataStax may collect Fees from Customer directly. In such cases, all Fees are due 30 days from the invoice date. All Subscription Fees are non-refundable. Unless otherwise specified in the Marketplace Order, all Fees are in U.S. dollars and all dates are based on the location of the choice of law.

2.2. Taxes. Customer is responsible for any duties, customs fees, or taxes (other than DataStax’s income tax) associated with the purchase of the Products provided by DataStax, (including any related penalties or interest) (“Taxes”), and shall pay the listed fees without deduction for Taxes. If Customer is required by applicable law to withhold any amount from any payments specified in the Market Order , then Customer will pay the listed fees as if no withholding were required, and shall remit the withholding to the appropriate governmental authorities on behalf of DataStax, with a copy of the tax receipt or certificate forwarded to DataStax.

2.3. Delinquencies. Any late payments will accrue late charges at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.

3. Restrictions

All rights in the DDAC Software not expressly granted under this Agreement are reserved to DataStax or its licensors. Without limiting the foregoing (except to the extent such restriction is expressly prohibited by applicable law), Customer shall not, and shall not permit others under its control to: (1) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract the source code of the DDAC Software or any component thereof; (2) assign, sublicense, transfer, lease, rent or otherwise distribute or make available the DDAC Software to any third party; (3) use the DDAC Software for High Risk Activities or otherwise contrary to the Documentation; (4) use the DDAC Software for any unlawful purpose; (5) use the DDAC Software to create, deliver training on, improve (directly or indirectly) or offer a substantially similar product or service; or (6) use the included ODBC driver to connect to other distributions of the components of the DDAC Software. “High Risk Activities” means uses such as the operation of nuclear facilities, air traffic control, or life support systems, where the use or failure of the DDAC Software could lead to death, personal injury, or environmental damage. The DDAC Software includes the third party software and material specified at www.datastax.com/thirdpartysoftware (“Third Party Software”).

4. Proprietary Rights

4.1. DDAC Software. The DDAC Software is licensed, not sold. As between the parties, all intellectual property rights in the DDAC Software shall remain with DataStax or its licensors.

4.2. Federal Agency Users. The DDAC Software was developed solely at private expense and is commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulation and agency supplements thereto.

4.3. Feedback. If Customer provides any suggestions or feedback regarding the Products, then DataStax may use that information without obligation to Customer, and Customer hereby irrevocably assigns to DataStax all right, title, and interest in that feedback or those suggestions.

5. Term & Termination

5.1. Agreement Term. This Agreement will begin on the Effective Date and continue until the later of the following: (1) the termination of a Subscription or (2) the date on which the Agreement is terminated as specified herein.

5.2. License Term. Subject to Customer’s payment of Fees, the Subscription License will continue for the Subscription Period, unless terminated by DataStax as set forth in this Agreement. DataStax may terminate the Subscription License or this Agreement upon 30 days notice to Customer. Termination of this Agreement terminates the Subscription License.

5.3. Termination for Breach. Either party may terminate this Agreement if the other party breaches any material term of this Agreement and fails to cure that breach within 30 days after receipt of written notice.

5.4. Effect of Termination. If the Agreement expires or is terminated, then: (1) the rights granted by one party to the other will immediately cease; (2) all Fees owed by Customer are immediately due upon receipt of the final invoice; (3) Customer will delete the DDAC Software; and (4) upon request, each party will use commercially reasonable efforts to return or destroy all Confidential Information of the other party.

6. Confidentiality

6.1. Confidentiality Obligation. During the term of this Agreement, both parties agree that: (1) Confidential Information will be used only in accordance with the terms and conditions of this Agreement; (2) each will use the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care; and (3) the Confidential Information may be disclosed only to employees, agents and contractors with a need to know, and to its auditors and legal counsel, in each case, who are under a written obligation to keep such information confidential using standards of confidentiality not less restrictive than those required by this Agreement. DataStax may use Customer’s data for internal business purposes only, including providing Support, and improving, testing and providing the Products. “Confidential Information” means any information designated as confidential orally or in writing by either party, or any information that the receiving party knows, or has reason to know, is confidential or proprietary based upon its treatment by the disclosing party.

6.2. Exclusions. This Agreement imposes no obligation with respect to information that: (1) is a part of or enters into the public domain; (2) was already in the recipient’s possession prior to the date of disclosure other than by breach of this Agreement; (3) is rightfully received from a third party without any duty of confidentiality; or (4) is independently developed without reference to the Confidential Information of the disclosing party.

6.3. Publicity. DataStax may state publicly that Customer is a user of the Products. Any identification or use of a party’s brand, logo or trademark shall conform with the trademark use guidelines provided by one party to the other.

7. Warranties

7.1. DDAC Software Warranty. DataStax warrants that, during the Subscription Period, the DDAC Software will perform in material conformance with its published Documentation. If the DDAC Software fails to conform to the foregoing warranty, as Customer’s sole and exclusive remedy for such failure, DataStax will remedy such issues as provided in the DDAC Support Terms, or at DataStax’s option and upon Customer’s return of the DDAC Software to DataStax, refund the unused portion of any Fees paid for the Subscription.

7.2. Authority. Each party warrants that it has full power and authority to enter into this Agreement.

7.3. Harmful Code. DataStax will use commercially reasonable efforts and commercially available technology to scan the DDAC Software made available to Customer for, and to remove from the then-current-version of the DDAC Software, any computer “viruses,” “worms” and other malicious code.


8. Indemnity

Indemnity by Customer. Customer shall indemnify, defend and hold DataStax harmless against any claim brought against DataStax, its directors, officers, or employees alleging: (1) Customer’s use of the DDAC Software violates any applicable law or infringes on any personal rights of a third party; (2) the DDAC Software infringes on the proprietary rights of a third party; or (3) Customer’s use of the DDAC Software in combination with any data, software, or hardware not provided by DataStax infringes on the proprietary rights of a third party. DataStax shall: (1) provide Customer prompt written notice of any claim; (2) gives Customer sole control of the defense and settlement of the claim but may not settle any claim unless such settlement fully releases DataStax from any liability; and (3) provide all reasonable assistance in connection with the claim.

9. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall DataStax or its suppliers be liable for damages other than direct damages, including 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 statute, contract, tort, strict liability, indemnity 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 Customer under this Agreement exceed the greater of the total amounts paid by Customer to DataStax during the 12 months prior to the date the claim arises, or ten thousand US dollars. The liability limitations in this paragraph (and otherwise in the Agreement) do not limit or exclude damages for bodily injury or death or other damages that under applicable law cannot lawfully be limited or excluded.

10. Insurance

During the term of this Agreement, DataStax will maintain at least the following levels of insurance coverage: (1) general commercial liability of $1 million per occurrence, $2 million aggregate for bodily injury and property damage; (2) automotive, hired and non-owned liability of $1 million for bodily injury and property damage; (3) errors and omissions of $2 million per claim and aggregate limit; and (4) workers’ compensation meeting statutory limits.

11. Miscellaneous

11.1. Affiliates. DataStax and Customer agree that Affiliates of Customer may acquire Products from DataStax or its Affiliates by entering a Market Order with DataStax (or a DataStax Affiliate) that incorporates the terms and conditions of this Agreement and sets forth the then-applicable pricing. The parties acknowledge that adjustments to the terms of this Agreement may be made in a particular Market Order (for example, to address disparate tax and/or legal regimes in other geographic regions). “Affiliate” means an entity that owns or controls, is owned or controlled by, or is under common control or ownership with a party, where “control” is the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise.

11.2. Assignment. The Agreement may not be assigned by either party by operation of law or otherwise, without the prior written consent of the other party, which consent will not be unreasonably withheld. Notwithstanding the foregoing, DataStax may assign this Agreement in its entirety (including all Market Orders), without consent of Customer, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or the sale of all or substantially all of the assets of the business to which the Agreement relates. Any such assignment shall be effective upon payment of all amounts then due.

11.3. Conflicting Terms. If there is a conflict among the documents that make up this Agreement, the documents will control in the following order: the Market Order, this DDAC Agreement, and the terms located at any URL referenced in this DDAC Agreement.

11.4. Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement. The terms located at a URL referenced in this Agreement are hereby incorporated by this reference. After the Effective Date, DataStax may provide Customer with an updated URL in place of any URL in this Agreement. Customer agrees that its purchase of a Subscription is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments made by DataStax, including any roadmaps or target release dates, with respect to future functionality or features.

11.5. Export Controls. Customer agrees to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with Customer’s use of the Products. In particular, but without limitation, the DDAC Software may not, in violation of any laws, be exported or re-exported: (1) into any U.S. embargoed country; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Customer represents and warrants that Customer and its Affiliates are not located in, under the control of, or a national or resident of any such country or on any such list.

11.6. Force Majeure. Neither party will be liable for failure or delay in its performance under this Agreement to the extent caused by circumstances beyond its reasonable control. DataStax reserves the right to suspend Subscriptions or Services to comply with laws.

11.7. Governing Law. This Agreement is to be construed in accordance with and governed by the internal laws of the State of California without regard to its conflict of laws principles, and each party hereby consents to the jurisdiction of the federal or state courts of Santa Clara County, California, USA. Each party hereby waives any right to jury trial in any litigation in any way arising out of or related to this Agreement.

11.8. Independent Contractors. This Agreement will not be construed as creating an agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between the parties; the parties will at all times be and remain independent contractors.

11.9. No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.

11.10. Notices. All notices must be in writing and addressed to the other party’s legal department and primary point of contact. Notice will be treated as given on receipt, as verified by written or automated receipt or by electronic log (as applicable).

11.11. Severability and Waiver. In the event that any provision of this Agreement (or any portion hereof) is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, the provision (or portion) will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of enforcement, will be deemed to be severed and deleted from this Agreement, while the remainder of this Agreement will continue in full force. 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.

11.12. Survival. The following sections will survive any expiration or termination of this Agreement: Payment, Restrictions, Proprietary Rights, Effect of Termination, Confidentiality, Indemnification by Customer, Limitation of Liability, and Miscellaneous.

11.13. Updates. Except as expressly provided herein, no modification of this Agreement will be effective unless contained in writing and signed by an authorized representative of each party. DataStax may make changes to terms located at a URL referenced in this Agreement (collectively, the “URL Terms”) from time to time. DataStax will post the amended terms and will update the “Last Updated Date” at the top. By continuing to access or use the DDAC Software after DataStax has provided Customer with such notice of a change, Customer is indicating that it agrees to be bound by the modified terms. If the change has a material adverse impact on Customer and Customer does not agree to the change, Customer must notify DataStax within 30 days of the applicable Last Updated Date. If Customer notifies DataStax as required, then Customer will remain governed by the terms in effect immediately prior to the change until the end of the then-current Subscription Period. If the Subscription Period is renewed, it will do so under the updated URL Terms.

Exhibit A

DDAC Support Terms

DataStax provides Support of eligible software under the terms of these Support Terms as long as Customer maintains a current subscription to Support. “Support” means the services described in these DDAC Support Terms and does not include one-time services or other services not specified in this Support Policy, such as training, consulting or custom development.

1. Supported Software

Support covers only the DDAC software licensed to Customer by DataStax under this Agreement (the “Supported Software”). The Supported Software includes the open source software and other third party components. Similar third party components might be available from other sources, but Support covers only the software delivered to Customer under the Marketplace Order. DataStax reserves the right to refuse to provide Support to any user who engages in activity or behavior which conflicts with this Support Policy or the Agreement.

2. Technical Contacts

Support may be initiated and managed only by Customer’s Technical Contacts. “Technical Contacts” are named individuals who are responsible for administration of the Supported Software within Customer’s organization. Customer may designate the number of Technical Contacts that corresponds with its licensed volume in Table 1 below. Customer shall only designate as Technical Contacts those individuals who have knowledge of and experience with the operation of the Supported Software and who have sufficient permissions and authority to access the Supported Software in Customer’s environment. Additional Technical Contacts may be available for an additional fee.


#Nodes# Technical Contacts

3. Informational Support

DataStax will provide reasonable product and technical support to address questions concerning use of the Supported Software only. Technical Contacts may initiate Support by submitting a ticket through our 24-hour web ticketing system at https://support.datastax.com. Support is provided in the English language only. Customer acknowledges information and materials provided to DataStax in connection with receiving Support may be used by the DataStax global support team for the purpose of providing Support in accordance with this Support Policy.

4. Technical Currency

As part of Support, and at no additional license fee, DataStax will provide Customer with all new versions of the Supported Software that it generally releases, including all improvements, enhancements and bug fixes. All such new versions are provided subject to the terms of the Agreement. Support does not include any item that DataStax licenses separately from the Software or that DataStax makes available for an additional fee.

5. Issue Resolution

DataStax will make commercially reasonable efforts to resolve any Issues submitted by Customer’s Technical Contacts. Such efforts may include helping with diagnosis, suggesting workarounds, providing patches, or making a change to the Supported Software in a new release. An “Issue” is a material and verifiable failure of the Supported Software to conform to its Documentation. Support will not be provided for the following: (1) use of the Supported Software in a manner inconsistent with the applicable Documentation, (2) modifications to the Supported Software not provided by or approved in writing by DataStax, or (3) use of the Supported Software with products or software not provided or approved in writing by DataStax. Customer shall not submit Issues arising from any software other than the Supported Software or otherwise use Support for unsupported software.

6. Service Levels

A. DDAC With 8×5 Support

Customers with a current subscription to DDAC with 8×5 Support are entitled to receive Support subject to the following service levels. At the start of the subscription, Customer must select a Support Region (US EAST, US WEST, APAC, or EMEA). All Customer Support requests should be made via submission by a Technical Contact of a support ticket through the DataStax Support Portal. After a Technical Contact submits a support ticket to DataStax via the Support Portal, DataStax Support will respond to Customer’s support ticket during the hours of 9am to 5pm on business days in the Customer’s designated Support Region. Support is provided eight (8) hours per day, five (5) days per week, weekends and holidays excluded.

DataStax will respond to any Customer Issues within 24 hours Monday through Friday, excluding holidays.

TABLE 2a: DDAC with 8×5 Support

Day/HoursBusiness Days; 9am-5pm in Customer’s designated Support Region
Urgent1 hour
High4 hours
Normal/Low24 hours M-F, excluding holidays

B. DDAC With 24×7 Support

For Customers with a current subscription to DDAC with 24×7 Support, the Customer shall have worldwide access to DataStax Support 24 hours a day, 7 days a week, 365 days a year. All Customer Support requests should be made via submission by a Technical Contact of a support ticket through the DataStax Support Portal. When a Technical Contact submits an Issue via the Support Portal, DataStax will reasonably assess its priority according to the appropriate priority levels defined below. DataStax will confirm the priority level with Customer and will resolve any disagreement regarding the priority as soon as is reasonably practicable. Urgent and High priority levels are not available for non-production systems

TABLE 2b: DDAC with 24×7 Support

Urgent1 hour
High4 hours
Normal/Low24 hours M-F, excluding holidays

“Urgent” means a catastrophic problem in Customer’s production systems. Examples include a complete loss of service, production systems that are crashed, or a production system that hangs indefinitely. Customer cannot continue essential operations.

“High” means a high-impact problem in Customer’s production systems. Essential operations are seriously disrupted, but a workaround exists which allows for continued essential operations.

“Normal” means a lower impact problem on a production or non-production system that involves a partial or limited loss of non-critical functionality, or some other problem involving no loss in functionality. Customer can continue essential operations. Normal problems also include all problems on non- production systems, such as test and development systems.

“Low” means a general usage question. It also includes recommendations for requests for new products or features, and requests for enhancements or modifications. There is no impact on the quality, performance, or functionality of the product in a production or non-production system.

7. Customer Responsibilities

Customer shall provide DataStax with data, process information, supporting analysis, and access to Customer’s Technical Contacts as reasonably required to allow DataStax to resolve reported Issues. Customer is responsible for the adequate duplication and documentation of all of its files and data for back-up purposes.

8. How to Escalate a Support Issue

DataStax Support is committed to providing accurate and timely solutions to technical support needs. If Customer has a critical or serious technical issue on its production system or is not satisfied with the response or resolution provided by DataStax Support, Customer may use one of the following escalation paths to have its concerns addressed:

  • For support issues where the business impact has changed or was not correctly stated initially, request to have the priority of the ticket increased according to the above service level definitions;
  • For an existing issue that has become critical in nature where Customer’s production system is down, inaccessible, or Customer is dissatisfied with the DataStax response or resolution, follow the procedure below for management review:
    • Verify that the support ticket is up-to-date and all requested information and files have been provided and request an escalation; and/or
    • Contact Support by calling the DataStax escalation phone line to speak with a support engineer. The escalation number can be found on the ‘Contact Us -> Ticket Escalation’ page once logged into the DataStax Support Portal. (You will receive access to the Support portal upon processing of your contract.) Customer’s Technical Contact will be asked for the Technical Contact’s name, company name, ticket number, contact number, and reason for the escalation. If a DataStax support engineer is not available an operator will take the information and generate an urgent support request.
  • Once an escalation request has been received, the support manager will: (1) contact Customer’s Technical Contact to acknowledge the escalation and determine the mode of communication and frequency of updates; and (2) work to ensure that the appropriate resources are available to identify a solution or workaround.

9. End of Life Policy

Support covers each Major Release of the Software: for at least 24 months after its general release, and all Minor Releases under a supported Major Release. After such period, the Software has reached its End of Life (“EOL”). For example, if a Major Release were made available on January 1, 2000, then it would be supported until January 1, 2002.

“Major Release” means a new version of the Supported Software made generally available by DataStax with substantial improvements, enhancements and bug fixes, represented by a change in the number to the left or right of the first decimal point (such as a version change from 1.1.0 to 2.1.0 or from 1.1.0 to 1.2.0). “Minor Release” means a version change represented by a change in the number to the right of the last decimal point.

The Supported Software will reach its End of Service Life (“EOSL”) 6 months after the EOL. In the 6 month period between EOL and EOSL dates, DataStax shall provide Limited Support (provided Customer has a current Subscription to Support). “Limited Support” means all the features of Support except that if Customer has identified a defect in a Major Release that has reached EOL, DataStax will evaluate fixing the defect in a release that has not reached EOL. After the EOSL, DataStax will not support, in any way, a Major Release and/or any Minor Releases of that Major Release.

Support for other versions of the Supported Software is not provided under this Support Policy. Support only covers use of the Supported Software on the platform or operating system versions that are specified at http://www.datastax.com/products/datastax-enterprise#DSE-Supported-Platforms-Table. Support does not cover use of the Supported Software on platforms or operating systems that are no longer supported by the original vendor.

10. Support of Customers of Resellers

If Customer purchased its Subscription through a reseller, then please see the applicable agreement with that reseller for any applicable additional or different terms (for example, Customer’s first contact for support may be the reseller, rather than DataStax).

11. Amendments

Except as expressly provided herein, no modification of this Support Policy will be effective unless contained in writing and signed by an authorized representative of each party. From time to time, DataStax may amend this Support Policy in its sole discretion. DataStax will post the amended terms on the DataStax website at www.datastax.com/support-policy. DataStax will also update the “Last Updated Date” at the top of this Support Policy. By continuing to access or use Support after DataStax has provided Customer with such notice of a change, Customer is indicating that it agrees to be bound by the modified Support Policy. If the changes have a material adverse impact on and are not acceptable to Customer, then Customer must notify DataStax within 30 days of the applicable Last Updated Date. If DataStax cannot accommodate Customer’s objection, then the prior Support Policy shall govern until the expiration of the then-current subscription period. Any renewed subscription will be governed by the then-current Support Policy. No term or condition contained in Customer’s purchase order or similar document will apply unless specifically agreed to by DataStax in writing, even if DataStax has accepted the order set forth in such purchase order, and all such terms or conditions are otherwise hereby expressly rejected by DataStax.