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DataStax Apache Kafka® Connector License Terms

Last Updated: December 5, 2018

PLEASE READ THIS DATASTAX APACHE KAFKA CONNECTOR TERMS (“AGREEMENT”) CAREFULLY. BY CLICKING A BOX INDICATING ACCEPTANCE, DOWNLOADING OR USING THE SOFTWARE DOWNLOADED (“Licensed Software”), YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE THE LICENSED SOFTWARE.

1. Software License

Subject to the terms and conditions of this Agreement, DataStax grants you a
non-exclusive, non-transferable, non-sublicensable, limited, royalty-free
license to use the unmodified Licensed Software, without the right to
re-distribute to any third party. The Licensed Software may be used for writing
data from any distribution of Apache Kafka® to any DataStax product for which
you have an active, paid subscription.

2. Restrictions

Licensed Software is confidential and copyrighted. Except as expressly permitted
under this Agreement, you agree not to assign, distribute, transfer, lease,
disassemble, decompile, reverse engineer, modify, or create derivative works of
the Licensed Software, in whole or in part, or permit or authorize a third party
to do so.

3. Ownership

The Licensed Software is licensed, not sold. DataStax retains title, ownership,
and all associated intellectual property of Licensed Software. You will not
delete or in any manner alter the copyright, trademark, and other proprietary
rights notices or markings appearing on the Licensed Software as delivered to
you. If the Licensed Software is being used by or on behalf of the U.S.
Government, then the U.S. Government’s rights in them will be only those
specified in this Agreement, consistent with FAR 12.212 and DFARS 227.7202-1
through 227.7202-4, as applicable.

4. Term

This Agreement is effective until terminated. DataStax reserves the right, in
its sole discretion, to terminate this Agreement upon 30-days’ written notice.
You may terminate this Agreement at any time by destroying all copies of
Licensed Software. This Agreement will terminate immediately without notice from
DataStax if you fail to comply with any provision of this Agreement. Either
party may terminate this Agreement immediately should any Licensed Software
become, or in either party’s opinion be likely to become, the subject of a
claim of infringement of any intellectual property right. Upon termination, you
must destroy all copies of Licensed Software.

5. Feedback

If you provide any suggestions, feedback, or improvements to the Licensed
Software, DataStax will have the right to use and have others use such
suggestions, feedback, and improvements for any purpose. You hereby irrevocably
assign to DataStax all rights, title and interest in such suggestions, feedback,
or improvements.

6. Disclaimer of Warranty

Unless required by applicable law or agreed to in writing, DataStax provides
Licensed Software on an “as-is” basis. EXCEPT AS EXPRESSLY PROVIDED IN THIS
AGREEMENT, DATASTAX PROVIDES NO OTHER WARRANTIES REGARDING THE LICENSED
SOFTWARE, AND TO THE FULLEST EXTENT PERMITTED BY LAW DISCLAIMS ALL OTHER
WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES, TERMS AND
CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DATASTAX OR ELSEWHERE WILL
CREATE ANY WARRANTY, TERM OR CONDITION UNLESS EXPRESSLY STATED IN THIS
AGREEMENT.

7. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall 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 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 you under this Agreement exceed one hundred US dollars ($100.00).

8. Miscellaneous

8.1. Assignment. You may not assign this Agreement by operation of law or
otherwise. DataStax may assign this Agreement upon written notice.

8.2. Entire Agreement. This Agreement constitutes the complete Agreement
between the parties and supersedes all prior or contemporaneous agreements or
representations, written or oral, concerning the subject matter of this
Agreement. No modification of this Agreement will be binding, unless in writing
and signed by an authorized representative of each party.

8.3. Export Controls. By using the Licensed Software, you agree to comply with
all import, export, and re-export restrictions and regulations of the United
States and other countries.

8.4. Inspection. During the term of this Agreement and for one year thereafter,
DataStax or its designated agent may inspect your facilities and records to
verify your compliance with the Agreement. Any such inspection will take place
only during your normal business hours and upon no less than 15 days prior
written notice.

8.5. Governing Law. This Agreement is to be construed in accordance with the
laws of the State of California and controlling U.S. federal laws, without
regard to the choice of law rules of any jurisdiction.

8.6. Severability and Waiver. If any provision of this Agreement (or any
portion hereof) is held to be unenforceable, this Agreement will remain in
effect with the provision omitted, unless omission would frustrate the intent of
the parties. 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.

8.7. Third Party Code. Additional copyright notices and license terms that may
be applicable to portions of the Licensed Software are set forth, if any, in a
THIRD-PARTY.txt file.

9. Questions

If you have questions, please contact us using the information
at www.datastax.com/contactus.

Apache Kafka® is a registered trademark of The Apache Software Foundation