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LICENSE
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HPE EZMERAL DATA FABRIC ADDITIONAL LICENSE AUTHORIZATION
Contains HPE Ezmeral Data Fabric additional licensing authorization information.
THIS HPE EZMERAL DATA FABRIC ADDITIONAL LICENSE AUTHORIZATION ("ALA") IS BY AND BETWEEN HEWLETT PACKARD ENTERPRISE COMPANY ("HPE") AND ITS SUBSIDIARIES AND THE INDIVIDUAL OR LEGAL ENTITY USING THE APPLICABLE SOFTWARE MADE AVAILABLE BY HPE ("CUSTOMER") (WHETHER BY HPE OR AN AUTHORIZED HPE/MAPR PARTNER) AND GOVERNS ALL USE BY CUSTOMER OF THE HPE EZMERAL DATA FABRIC. IF LICENSED THROUGH AN AUTHORIZED HPE/MAPR PARTNER THIS ALA IS IN ADDITION TO AND SUPPLEMENTS THE HPE STANDARD EULA LOCATED AT https://www.hpe.com/us/en/software/licensing.html. THIS ALA (AND THE HPE STANDARD EULA IF LICENSED THROUGH AN AUTHORIZED HPE/MAPR PARTNER) ALSO SUPERSEDES ANY CLICKTHROUGH EULA EMBEDDED IN THE HPE EZMERAL DATA FABRIC. THIS ALA ALSO GOVERNS ALL USE BY CUSTOMER OF FREE SOFTWARE (AS DEFINED BELOW) PROVIDED BY HPE TO CUSTOMER. BY CLICKING ON THE "ACCEPT" BUTTON BELOW AND/OR A BUTTON OR CHECKBOX WITH SIMILAR DESIGNATION THAT DEMONSTRATES ACCEPTANCE OF THIS ALA (AND THE HPE STANDARD EULA IF LICENSED THROUGH AN AUTHORIZED HPE/MAPR PARTNER), OR BY DOWNLOADING, COPYING OR USING THE COMMERCIAL SOFTWARE OR FREE SOFTWARE, CUSTOMER EXPRESSLY ACCEPTS AND AGREES TO THE TERMS OF THIS ALA (AND THE HPE STANDARD EULA IF LICENSED THROUGH AN AUTHORIZED HPE/MAPR PARTNER), AND CONSENTS TO THE COLLECTION, USE AND TRANSFER OF DATA AS OUTLINED IN THE HPE PRIVACY STATEMENT (https://www.hpe.com/us/en/legal/privacy.html). CERTAIN PROVISIONS OF THIS ALA APPLY ONLY TO EITHER THE COMMERCIAL SOFTWARE OR THE FREE SOFTWARE, AS MORE PARTICULARLY SPECIFIED BELOW. BY WAY OF EXAMPLE, CUSTOMER MAY PURCHASE A COMMERCIAL SOFTWARE LICENSE KEY FROM HPE OR AN AUTHORIZED HPE/MAPR PARTNER AT ANY TIME AND CONVERT CUSTOMER’S COPY OF FREE SOFTWARE TO THE COMMERCIAL SOFTWARE, IN WHICH CASE THE PROVISIONS APPLICABLE TO COMMERCIAL SOFTWARE WILL APPLY FROM THE TIME OF SUCH CONVERSION.
1. Definitions. The following capitalized terms shall have the meanings set forth below:
1.1. "Commercial Software" means the software identified in an order (either by HPE or an authorized HPE/MapR partner) and licensed for a fee, e.g., MapR Enterprise Edition or MapR Enterprise Database Edition software products when licensed for a fee. HPE may allow Customer to convert a copy of Free Software into Commercial Software by entering or installing a license Key for the Commercial Software purchased by Customer.
1.2. "Documentation" means the documentation and guides related to the Licensed Products freely available at http://doc.mapr.com.
1.3. "Feedback" means any comments or other feedback Customer may provide to HPE concerning the functionality and performance of the Licensed Products, including identification of potential errors and improvements.
1.4. "Free Software" means a software product that is provided by HPE to Customer free of charge for Customer’s internal use for trial, evaluation, testing or similar non-production purposes, and is expressly identified by HPE as free, as evaluation software, as Not For Resale or NFR software, or any similar designation. For the purposes of this ALA, Free Software includes the MapR Community Edition software product or other MapR products made available by HPE on limited-time free, trial or Not For Resale basis.
1.5. "Free Software Term" means a thirty-day period of time that commences when Customer receives the applicable Free Software.
1.6. "Key" means the license key or similar control mechanism to help ensure compliance with the use and time limitations with respect to Licensed Products.
1.7. "Licensed Products" means the Commercial Software and Free Software.
1.8. License Metric: means the specific manner in which the applicable product(s), as defined in the MapR Licensing Data Sheet located at https://mapr.com/products/whats-included/assets/mapr-customerlicensing-01152020.pdf, are licensed.
1.9. "Open Source Software" means any third party software that is distributed as "free software", "open source software" or under a similar licensing or distribution model. Without limiting the generality of the foregoing, Apache Hadoop, Apache Solr and Apache Lucene are Open Source Software.
2. Standard Version. This Section 2 applies solely with respect to the Commercial Software, and not to Free Software:
2.1. License. Subject to the terms and conditions of this ALA, HPE hereby grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to install, copy and use the Commercial Software internally in the quantities set forth in the applicable License Metric quantity specified in the applicable order, during the applicable license term indicated in the order. For the avoidance of doubt, Customer may not install or use the Commercial Software on hardware which exceeds any License Metric quantities of the product component elements. For the further avoidance of doubt, Customer may not grant access to or transfer the use of the Commercial Software to any third party, whether on a standalone basis or as integrated into any other product, except with respect to third party consultants and service providers providing services to Customer.
2.2. Record Keeping. Customer shall establish and maintain complete and accurate records related to the location, access and use of the Commercial Software by Customer, its employees or its agents, and any such other information as reasonably necessary for HPE to verify compliance with the terms of this ALA. Such records shall be kept for at least 3 years following the end of the quarter to which they pertain.
3. Free Software.
3. This Section 3 applies solely with respect to Free Software, and not to the Commercial Software:
3.1. License. Subject to the terms and conditions of this ALA, HPE hereby grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to install, copy and use the Free Software internally for trial, evaluation, testing or similar non-production purposes during the Free Software Term, subject to the use and time limitations specified by HPE, whether expressly or through the configuration of a Key. Customer may not grant access to or transfer the use of the Free Software to any third party, whether on a stand-alone basis or as integrated into any other product. If Customer decides to use the Free Software after the Free Software Term, Customer must obtain a license for the equivalent Commercial Software. If Customer decides not to obtain a license for the equivalent Commercial Software after the Free Software Term, Customer will cease using and will delete any such Free Software from its computer systems.
3.2. Termination of License. Either party may terminate the license granted in Section 3.1 for convenience upon 5 days notice.
3.3. No Support. Customer acknowledges that HPE is not obligated to provide any support, maintenance, updates or upgrades for and in connection with the Free Software.
3.4. Disclaimer. FREE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT ANY WARRANTY. CUSTOMER ACKNOWLEDGES AND AGREES THAT FREE SOFTWARE IS NOT SUITABLE FOR ANY PURPOSE OTHER THAN LIMITED INTERNAL TRIAL AND EVALUATION. HPE AND ITS LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR SATISFACTORY QUALITY, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HPE OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS ALA. HPE AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THAT THE FREE SOFTWARE WILL OPERATE WITHOUT ERROR OR INTERRUPTION. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE FREE SOFTWARE OR A SPECIFIC VERSION THEREOF TO ACHIEVE CUSTOMER’S INTENDED RESULTS, AND FOR THE OPERATION, USE AND RESULTS OF THE FREE SOFTWARE. THE FREE SOFTWARE IS NOT DESIGNED, INTENDED OR WARRANTED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS.
The following provisions of this ALA shall apply to all Licensed Products:
4. Keys, Other Restrictions and Data Collection Notice.
4.1. License Keys. Customer shall not destroy, disable or circumvent, or attempt to destroy, disable or circumvent in any way the Key and/or the use and time limitations set by the Key or any Licensed Products. Customer acknowledges and agrees that any attempt to exceed the use of the Licensed Products beyond the limits configured into the Key will automatically and immediately terminate the licenses granted under this ALA.
4.2 Information Collection. The Licensed Products may contain functionality that automatically collect information concerning the use and configuration of the HPE Ezmeral Data Fabric and overall capacity of your cluster and transmit that information to HPE. The Licensed Products will not access, collect, store or transmit any personally identifiable information or business data files residing in your computer environment as part of this functionality. The Licensed Products only initiate outbound communications to HPE and do not listen for inbound communications. The Licensed Products collect and transmit the information above by default. Unless otherwise provided in the applicable order, Customer has the ability to configure the Licensed Products to turn off the transmission of such information to HPE. HPE may use the information transmitted by the Licensed Products for activities such as determining usage for billing and license compliance and helping improve upon and market its product and service offerings. HPE may retain this information in perpetuity.
5. Open Source Software. The Licensed Products may incorporate or be provided together with Open Source Software. Copyrights and other proprietary rights to the Open Source Software are held by the copyright holders identified in the applicable distribution or the applicable help, notices, about or source files. All Open Source Software is distributed to Customer under the terms of the applicable open source license agreements referenced in the applicable distribution or the applicable help, notices, about or source files.
6. Feedback. Customer hereby assigns to HPE all right, title, and interest in and to the Feedback, if any.
7. Open Source Components. To the extent the Licensed Products includes open source licenses, such licenses shall control over this ALA with respect to the particular open source component. To the extent Licensed Products includes the GNU General Public License or the GNU Lesser General Public License: (a) the software includes a copy of the source code; or (b) if you downloaded the software from a website, a copy of the source code is available on the same website; or (c) if you send HPE written notice, HPE will send you a copy of the source code for a reasonable fee.
8. Australian Consumers. If you acquired the software as a consumer within the meaning of the 'Australian Consumer Law' under the Australian Competition and Consumer Act 2010 then despite any other provision of this ALA, the terms at this URL apply: http://www.hpe.com/software/SWLicensing.
9. Russian Consumers. If you are based in the Russian Federation and the rights to use the software are provided to you under a separate license and/or sublicense agreement concluded between you and a duly authorized HPE partner, then this ALA shall not be applicable.