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PLEASE READ THESE DATASTAX LUNA STREAMING TERMS (“AGREEMENT”) CAREFULLY. BY CLICKING THE BOX INDICATING ACCEPTANCE OR ACCESSING THE SERVICES, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THE TERMS AND AGREES TO THEM, AND THAT CUSTOMER HAS READ AND AGREES TO THE DATASTAX PRODUCTS DATA PROCESSING POLICY AND DATASTAX PRIVACY POLICY.  IF CUSTOMER IS AGREEING TO THESE TERMS AND POLICIES ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, CUSTOMER REPRESENTS THAT CUSTOMER HAS THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS AND SUCH POLICY.  IF CUSTOMER DOES NOT HAVE SUCH AUTHORITY, OR IF CUSTOMER DOES NOT AGREE TO BE BOUND, THEN CUSTOMER MUST NOT ACCEPT OR USE DATASTAX LUNA STREAMING.

This Agreement is between the person or entity agreeing to these terms (“Customer”) and DataStax, Inc., (“DataStax”) a Delaware corporation, and includes these DataStax Luna Streaming Terms, and any terms expressly incorporated herein by reference.  This Agreement is effective as of the earliest date on which Customer accepts this Agreement. 

NOTE: IF CUSTOMER IS ACTING ON BEHALF OF A COMPANY OR OTHER ORGANIZATION THAT HAS A SEPARATE SIGNED AGREEMENT WITH DATASTAX, INC. GOVERNING THE RECEIPT AND USE OF  DATASTAX LUNA STREAMING THEN THE TERMS OF THAT SEPARATE AGREEMENT SHALL SUPERSEDE THE TERMS OF THIS AGREEMENT.

If Customer has separately purchased professional consulting or training services (“Services”) from DataStax relating to Customer’s DataStax Luna Streaming deployment, DataStax shall provide such Services according to the Service Terms at www.datastax.com/service-terms, as updated or amended from time to time.

1. Definitions

1.1. “Apache Pulsar” means the Open Source Software licensed by the Apache Software Foundation (ASF) as made available at https://pulsar.apache.org/ or from datastax.com. Apache and Pulsar are trademarks of The Apache Software Foundation, and are not owned or distributed by DataStax.

1.2. “DataCenter” means one compute location or one single cloud provider availability zone where Nodes reside. 

1.3. “DataStax Luna Streaming Distribution” means the distribution of Apache Pulsar Software and other open source tools made available by Datastax that is licensed under Apache v2.0.

1.4. “DataStax Luna Streaming” means the DataStax Support offering for Apache Pulsar, DataStax Luna Streaming Distribution, and if applicable for the Subscription Tier other Open Source Projects used in conjunction with Apache Pulsar.

1.5. “Documentation” means the open source software documentation for Apache Pulsar https://pulsar.apache.org/, or the DataStax Luna Streaming Distribution as made available at https://docs.datastax.com/en/luna/streaming/.

1.6. “Node” means a Virtual Machine or physical computer that runs one or more components that comprise the Software.

1.7. “Open Source Projects” means the following open source projects:

  • Pulsar Admin Console
  • Pulsar Heartbeat 
  • The following Apache Pulsar Connectors:
    • Elasticsearch sink
    • JDBC-Clickhouse sink
    • JDBC-MariaDB sink
    • JDBC-Postgres sink
    • Kafka sink
    • Kinesis sink
    • Debezium MongoDB source
    • Debezium MySQL source
    • Debezium Postgres source
    • Kafka source
    • Kinesis source
    • DataStax pulsar-sink

as made available at their respective project sites or from datastax.com. 

1.8. “Subscription” means Customer’s subscription to DataStax Luna Streaming during a specified Subscription Period.

1.9. “Subscription Period” means the term for which Customer has subscribed to DataStax Luna Streaming. Unless otherwise specified at the time of purchase the Subscription Period is 12 months.

1.10. “Subscription Tier” means the DataStax Luna Streaming tier to which Customer has subscribed. Subscription Tiers are further described in the Support Addendum.

1.11. “Support” means the support services as described in the Support Addendum to this Agreement.

1.12. “Supported Software” shall have the meaning defined in Section 1 of the Support Addendum to this Agreement.

2.  DataStax Luna Streaming Description

2.1 Registration.  In order to subscribe to DataStax Luna Streaming, Customer must complete the registration process and provide an email address and other account billing information  (“Account Data”). Customer must provide complete and accurate Account Data during the registration process and must keep Customer’s Account Data up-to-date. Customer is prohibited from misrepresenting Customer’s identity or Customer’s affiliation with any company or other entity. Customer is responsible for all activity that occurs on Customer’s account. Customer should promptly contact DataStax if Customer believes that Customer’s Account Data has been compromised. 

By providing Customer’s Account Data, Customer hereby consents to receive email communications from DataStax.  Such communications may include communications regarding the DataStax Luna Streaming services or commercial content relating to other DataStax products and services. If Customer does not wish to receive such communications, Customer may opt-out by notifying DataStax at privacy@datastax.com.

2.2  No License Rights Granted.  A DataStax Luna Streaming Subscription provides Customer with access to DataStax technical support for supported Nodes of either Apache Pulsar or the DataStax Luna Streaming Distribution and if applicable the associated Open Source Projects during the Subscription Period. No license to Apache Pulsar, the DataStax Luna Streaming Distribution, the Open Source Projects, or any DataStax proprietary software is provided in connection with a DataStax Luna Streaming Subscription.  Customer must license and download Apache Pulsar, the DataStax Luna Streaming Distribution and the Open Source Projects separately. During the Subscription Period, DataStax may make available to Customer certain DataStax software tools, patches or fixes, which may be subject to separate license terms.

2.3 Support Addendum.  During the Subscription Period DataStax shall provide Customer the applicable Support, as described in the attached Support Addendum, for any supported Nodes. 

2.4 Compliance with Applicable Laws.  Customer’s use of DataStax Luna Streaming must comply with all applicable laws, rules and regulations. 

2.5. Modifications; Discontinuation of Service.  Customer agrees and understands that DataStax may make modifications, including discontinuation of the DataStax Luna Streaming services, from time to time and will use commercially reasonable efforts to notify Customer of any material modifications.

2.6 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.

2.7 Increased Volume of Use.  Customer may increase its use during the Subscription Period 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 Nodes; and/or (2) other license parameters set forth in the applicable Order Schedule.

3. Payment

3.1. Fees.  Customer will pay all fees and any applicable Taxes (the “Fees”) as specified in the Order Schedule. If the due date is not otherwise specified in the Order Schedule, all Fees are due 30 days from the invoice date. All Subscription Fees are non-refundable. Unless otherwise specified in the Order Schedule, all Fees are in U.S. dollars and all dates are based on the location of the choice of law.

3.2. Taxes.  Customer is responsible for any duties, customs fees, or taxes (other than DataStax’s income tax) associated with Customer’s purchase of DataStax Luna Streaming, including any related penalties or interest (“Taxes”). Customer must pay the listed Fees without deduction for Taxes. If Customer is required by applicable law to withhold any amount from any payments then Customer must notify DataStax and pay DataStax the stated 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.

3.3. 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.  

4. Proprietary RIghts

4.1. Proprietary Rights.  As between the parties, all intellectual property rights in DataStax Luna Streaming, any Support response, and the Support portal shall remain with DataStax or its licensors.  

4.2. Feedback.  If Customer provides any suggestions or feedback regarding any DataStax products or services, DataStax may use such information without obligation to Customer, and Customer hereby irrevocably assigns to DataStax all right, title, and interest in that feedback or those suggestions.

5. Account Data and Support Data

5.1.  Account Data.  In connection with its provision of DataStax Luna Streaming, including for billing and account provisioning purposes, DataStax may access, process, copy, archive, store, or otherwise modify Customer’s Account Data or other data provided by Customer in connection with a Support request (“Support Data”).  Account Data and Support Data are collectively known as Customer Data. Customer hereby grants DataStax the necessary rights for such access and modifications to the Customer Data. DataStax may use aggregated and de-identified version of the Customer Data for its internal business purposes.

5.2. 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.

5.3. Privacy and Data Processing Policies.  With respect to any Personal Data processed by DataStax, and insofar as DataStax has access to Personal Data, DataStax shall comply with the DataStax Products Data Processing Policy, available at https://www.datastax.com/legal/datastax-products-DPA. With respect to any Personal Data obtained by DataStax as a controller, DataStax shall comply with the DataStax Privacy Policy, available at https://www.datastax.com/legal/datastax-website-privacy-policy. The DataStax Products Processing Policy and the DataStax Privacy Policy are collectively the “Privacy and Data Processing Policies”, each policy may be updated or amended from time to time and which are incorporated into this Agreement. 

6. Term & Termination

6.1. Agreement Term.  This Agreement will begin on the date Customer accepts the Agreement and continue until the date on which the Agreement is terminated as specified herein. 

6.2. Termination for Breach.  DataStax may suspend or terminate this Agreement, Customer’s Subscription and/or Customer’s access to Support without prior notice if: (i) Customer breaches any obligation under the Agreement (including without limitation any payment obligation); (ii) if DataStax reasonably determines that Customer’s use of DataStax Luna Streaming is fraudulent, violates or is likely to violate applicable laws or the terms of this Agreement, or otherwise may expose DataStax or its partners to liability to third parties; or (iii) Customer has ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or becomes the subject of any bankruptcy, reorganization, liquidation, dissolution proceeding.

6.3. 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) any outstanding Fees owed by Customer are immediately due; (3) Customer’s right to receive Support will immediately cease; and (4) upon request, each party will use commercially reasonable efforts to return or destroy all Confidential Information of the other party.

7. Confidentiality

7.1. 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 (a) 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; and (b) comply with a legal requirement or process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures inside or outside of the United States.  DataStax may use Customer Data for internal business purposes only, including providing Support, and improving, testing and providing DataStax products and services.  “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.  Confidential Information does not include (a) information submitted by Customer via a support ticket or other type of support request; or (b) usage data derived by DataStax from Customer’s Support Data provided that such data is anonymized and aggregated.

7.2. 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.

7.3. Publicity.  DataStax may identify Customer as a customer of DataStax Luna Streaming, provided that any such statements shall conform with any trademark use guidelines provided by Customer.  Each party must obtain the other party’s advance consent to any press release relating Customer usage of DataStax Luna Streaming.

8. Warranties

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

8.2.  EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 8, DATASTAX PROVIDE NO OTHER WARRANTIES REGARDING DATASTAX LUNA STREAMING, AND TO THE FULLEST EXTENT PERMITTED BY LAW DATASTAX 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, TITLE, 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.  SUPPORT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  DATASTAX EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT CUSTOMER’S USE OF DATASTAX LUNA STREAMING AND/OR SUPPORT WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS.  CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER DATASTAX LUNA STREAMING OR THE INFORMATION PROVIDED BY SUPPORT IS ACCURATE OR SUFFICIENT FOR CUSTOMER’S PURPOSES.

8.3. Data Warranty.  Customer warrants that it has obtained any necessary consents from its end users that are required for Customer to transfer any Account Data or Support Data and grant the rights to DataStax specified herein.  Customer further warrants that the Account Data, Support Data and Customer’s transfer of such data to DataStax complies with all applicable laws and does not violate the intellectual property or privacy rights of any third party.

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 under this Agreement during the 12 months prior to the date the claim arises.  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. 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, either party may assign this Agreement in its entirety (including all Order Schedules), without consent of the other party, 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.

11.2. Conflicting Terms.  If there is a conflict among the documents that make up this Agreement, the documents will control in the following order: any applicable ordering document, these terms, the Support Addendum, and the terms located at URL referenced in these Terms.

11.3. 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 DataStax Luna Streaming 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.

11.4. 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 DataStax Luna Streaming, and any underlying Software or technology.  In particular, but without limitation, DataStax Luna Streaming may not, in violation of any laws, be accessed, exported or re-exported: (1) in/into any U.S. embargoed country; or (2) by/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.

11.5. 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 the provision of Support to comply with applicable laws.

11.6. 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.

11.7. 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.

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

11.9. 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).

11.10. 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.

11.11. Survival.  The following sections will survive any expiration or termination of this Agreement:  Sections 3 (Payment), 5.2 (Data Restrictions), 4.1 (Proprietary Rights), 6.4 (Effect of Termination), 8 (Confidentiality), 9 (Limitation of Liability), and 11 (Miscellaneous).

11.12. 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 the Agreement, including Support Addendum from time to time.  DataStax will post the updated Agreement and will update the “Last Updated Date” at the top when there are any substantive updates to the Agreement.  By continuing to use DataStax Luna Streaming (including accessing or contacting Support) after DataStax has provided Customer with such notice of a change, Customer is indicating that it agrees to be bound by the modified terms.

Support Addendum

This Support Addendum is part of and subject to an agreement with DataStax (the “Agreement”) that includes the DataStax Luna Streaming Terms (athttps://www.datastax.com/terms/datastax-luna-streaming-terms), unless Customer has executed a separate agreement with DataStax governing Customer’s receipt and use of DataStax Luna Streaming.

DataStax provides Support of eligible software under the terms of this Support Policy as long as Customer maintains a current subscription to Support. “Support” means the services described in this Support Addendum and does not include one-time services or other services not specified in this Support Addendum, such as training, consulting or custom development.  Any capitalized terms not defined hereunder shall have the meaning specified in the Agreement.

1. Supported Software

Support is offered for and covers only the unmodified Apache Pulsar software release versions, the unmodified version of DataStax Luna Streaming Distribution and if applicable to the Subscription Tier the Open Source Projects specified under this Support Addendum (the “Supported Software”). Support is not provided for Apache Pulsar software that has been altered or modified or incorporates any third party patch or fix.

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 the Customer’s organization. Customer may designate the number of Technical Contacts that corresponds with its Subscription Tier 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.

TABLE 1  
Subscription Tier # Technical Contacts
Essentials 10
Professional 10
Enterprise Unlimited

3. Informational Support

DataStax will provide reasonable product and technical support to address questions concerning the use of the Supported Software. Technical Contacts may initiate Support by submitting a ticket through DataStax’s 24-hour Support portal 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. Issue Support

DataStax will partner with Customer on any Issue submitted by Customer’s Technical Contacts. Such efforts may include helping with diagnosis and troubleshooting, configuration assistance, or suggesting workarounds. In the case that a possible defect is identified with the Apache Pulsar software, DataStax may engage with the open source Apache Pulsar community to work towards a resolution, or if Customer’s Subscription Tier includes patch support may provide a patch outside of the Apache Software Foundation process and then work to submit such patches for contribution  and incorporation to the Apache Pulsar project as necessary. Patch support is only available for the following versions of the Supported Software: Apache Pulsar 2.6.2 and DataStax Luna Streaming Distribution, and will end when that version no longer qualifies as Supported Software under this Agreement. Note that in some instances, Customer may be required to upgrade to a more recent version or sub-version of the Supported Software in order to resolve an Issue. Customer shall not submit Issues arising from any software other than the Supported Software or otherwise use Support for unsupported software.

An “Issue” is a material and verifiable failure of the Supported Software to conform to the applicable Documentation. Support will not be provided for the use of the Supported Software in a manner inconsistent with the applicable Documentation. Customer shall not submit Issues arising from any software other than the Supported Software or otherwise use Support for unsupported software.

The following definitions relate to the Severity Levels for any Issues submitted to DataStax.

“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.

5. Subscription Tiers

DataStax offers the following Subscription Tiers for DataStax Luna Streaming. The features included in each Subscription Tier and additional information regarding response time, ticket limits and other specific information are as set forth below.

 

Features

Essentials

Professional

Enterprise

Subscription Measurement

Up to the Number of Nodes in the Order Schedule

Up to the Number of Nodes in the Order Schedule

Up to the Number of Nodes in the Order Schedule

Ticket Limitations

12 Tickets Per Year

36 Tickets Per Year

Unlimited

DataCenter Limitations

1 DataCenter

Up to 4 DataCenters

Unlimited DataCenters

Issue Response Time

8x5*

 

<= 24 hr normal/low 

<= 8 hour high 

<= 1 hr urgent

24 x 7

 

<= 24 hr normal/low 

<= 4 hour high 

<= 1 hr urgent

24 x 7

 

<= 24 hr normal/low 

<= 4 hour high 

<= 15 minutes urgent

Engineering Escalation

No

No

Yes

Patch Support

No

No

Yes

Long Term Support for Apache Pulsar versions beyond the end of support from the Apache Pulsar project.

No

No

Yes

Support for Open-Source Projects for Apache Pulsar

No

No

Yes

Monthly Check-Ins 

No

No

Yes

* At the start of the Subscription, the Customer must select a Support Region (US EAST, US WEST, APAC, or EMEA). After a Technical Contact submits a support ticket to DataStax via the Support portal, DataStax Support will respond to the Customer's support ticket on business days in the Customer’s designated Support Region. For Essentials, Support is provided to Customers eight (8) hours per day, five (5) days per week, weekends and holidays excluded. 

6. 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 reproduce and diagnose reported Issues. Customer is responsible for the adequate duplication and documentation of all of its files and data for back-up purposes.

7. Supported Software

Support covers only the following Software versions for Apache Pulsar: 

Apache Pulsar v. 2.6.2 

Support covers  the following Software versions for DataStax Luna Streaming Distribution: 

DataStax Luna Streaming Distribution v.1.0.0 and above

Support covers only the following Software versions for the Open Source Projects:

  • Pulsar Admin Console v.1.0.0 and above 
  • Pulsar Heartbeat  v.1.0.0 and above
  • DataStax pulsar-sink v.1.0.0 and above 
  • The following Apache Pulsar Connectors (as included in the Apache Pulsar download):
    • Elasticsearch sink v.2.6.2
    • JDBC-Clickhouse sink v.2.6.2
    • JDBC-MariaDB sink v.2.6.2
    • JDBC-Postgres sink v.2.6.2
    • Kafka sink v.2.6.2
    • Kinesis sink v.2.6.2
    • Debezium MongoDB source v.2.6.2
    • Debezium MySQL source v.2.6.2
    • Debezium Postgres source v.2.6.2
    • Kafka source v.2.6.2
    • Kinesis source v.2.6.2

Subject to the terms set forth herein, DataStax reserves the right to update the Supported Software at any time by updating this Agreement with at least three (3) months prior notice. Any notice will be provided via update to this Support Addendum. In addition, DataStax may choose to designate one or more Apache Pulsar releases as a Long Term Support Release. If Customer’s Subscription Tier  includes Extended Support for a Long Term Support Release, DataStax will provide such Support for at least one (1) year after the Apache Software Foundation (“ASF”) ceases support on the version. A Long Term Support Release shall be version 2.6.2 of Apache Pulsar. 

Support for other versions of Apache Pulsar or modified by any source other than Apache Software Foundation or DataStax is not provided under this Support Addendum. Support for other versions of the Open Source Projects or for software obtained from or modified by any source other than the governing applicable project is not provided under this Support Addendum. Support only covers use of the Supported Software installed on platforms or systems in accordance with the Documentation. Support does not cover use of the Supported Software on platforms or systems that are no longer supported by the original vendor.  

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
    • You can use either “Escalate to Support Engineer” or “Escalate to Manager” buttons depending on the situation and if you need more eyes on the situation.
  • 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.

If DataStax Support deems it is required to address an Issue, DataStax Support will escalate the Issue and Customer and DataStax Support will work directly with other DataStax teams.

9. Monthly Check-Ins

If Customer’s Subscription Tier includes monthly check-ins, a member of the DataStax Support team will conduct ticket reviews and meet with the Customer monthly to review. The DataStax Support team member will work with the Customer to identify and provide best practice reviews. Any best practice review will be limited to identifying areas where Customer’s use of the Supported Software differs from DataStax’s best practice recommendations, and may be subject to limitations on scope or duration. It will not include any remediation related to those areas identified.