Cloudera on prem (formerly "CDP Private Cloud") Base 7.3.2 Copyright 2019 - 2026 Cloudera, Inc. All Rights Reserved. OVERVIEW The Cloudera on prem (formerly the "Cloudera Data Platform - Private Cloud") Base offering is a collection of software components provided to you under the terms of your agreement with Cloudera, Inc. ("Cloudera"). The licenses referenced in this notice file, however, do not extend to any trademarks, logos or other proprietary material of Cloudera. Items appearing below are provided for the notification and guidance of the recipient in accordance with the listed license. The listing may include various dependencies applicable only to development, testing, and evaluation, which may not be included in the distribution and may have been deprecated in favor of alternatives. Accordingly, this listing should not be construed as an admission that the listed component appears in the distribution nor in the manner indicated. Similarly, complying with the terms of a license for a particular form of distribution is not an admission that the software is in fact distributed in that form. Distributions and packaging vary and not all third-party components are relied upon in the same manner or degree. In addition, some compliance documentation, such as embedded notices files in source code, may be found within the distribution itself other than below. NO WARRANTY; NO LIABILITY; NO INDEMNIFICATION/HOLD HARMLESS Notwithstanding any agreement recipient may have with Cloudera: (A) CLOUDERA PROVIDES THIRD-PARTY SOFTWARE TO RECIPIENT WITHOUT WARRANTIES OF ANY KIND; (B) CLOUDERA DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THIRD-PARTY SOFTWARE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (C) CLOUDERA IS NOT LIABLE TO RECIPIENT, AND WILL NOT DEFEND, INDEMNIFY, NOR HOLD RECIPIENT HARMLESS FOR ANY CLAIMS ARISING FROM OR RELATED TO THIRD-PARTY SOFTWARE; AND (D) WITH RESPECT TO THE THIRD-PARTY SOFTWARE, CLOUDERA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATED TO LOST REVENUE, LOST PROFITS, LOSS OF INCOME, LOSS OF BUSINESS ADVANTAGE OR UNAVAILABILITY, LOSS OR CORRUPTION OF DATA. SOURCE CODE OFFER To the extent required by the licenses associated with the Third-Party Software, Cloudera will provide a copy of the Third-Party Software's source code upon request and at a reasonable fee. All requests for source code should be made in a letter clearly identifying the components for which the source code is requested, and mailed to Cloudera, Inc., ATTN: Legal Dept., 5470 Great America Pkwy, Santa Clara, CA 95054. Your written request should include: (i) the name and version number of the covered binary, (ii) the version number of the Cloudera product containing the covered binary, (iii) your name, (iv) your company or organization name (if applicable), (v) the license under which the source code must be provided, and (vi) your return mailing and email address (if available). ------------------------------------------------ THIRD PARTY COMPONENTS The components listed below were obtained from third parties under the Apache License Version 2.0, January 2004. A copy of the Apache License Version 2.0 is below. Copyright information for the listed below can be found in the source files for such software. Each component listed below may have a notice file that lists its third-party software. Notices may be found here: https://docs.cloudera.com/documentation/other/Licenses/topics/Third-Party-Licenses.html arrow atlas avatica avro calcite cloudera-opdb-jwtauth cloudera-opdb-replication cloudera-sasl config-service cpx cruise_control curator gcs hadoop hadoop-lzo hbase hbase-solr hbase_connectors hbase_filesystem hbase_mcc hbase-operator-tools hbase_thirdparty hive hive-solr hive_libs hue hwc_for_spark3 iceberg impala kafka kafka_connect_ext knox kudu livy obdb_docker opdb-scan-service oozie orc ozone parquet phoenix phoenix-thirdparty phoenix_connectors phoenix_omid phoenix_queryserver prometheus ranger ratis ratis-thirdparty search solr spark spark-solr spark3 spark_atlas_connector spark_schema_registry sqoop t9000_core tez trustee-api zookeeper ---------------------------------------- CLOUDERA SOFTWARE The following are Cloudera proprietary software components and, unless stated otherwise, licensed under the Cloudera Standard License, a copy of which is provided below: Cloudera Manager kafka_connect_ranger_plugin NavEncrypt iceberg-replication schema_registry_atlas_plugin schema_registry_hadoop_plugin schema_registry_ranger_plugin schemaregistry Streams Messaging Manager Streams Replication Manager ======================================= LICENSES ---------------------------------------- Apache License Version 2.0, January 2004 ========================= http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: a. You must give any other recipients of the Work or Derivative Works a copy of this License; and b. You must cause any modified files to carry prominent notices stating that You changed the files; and c. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and d. If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS APPENDIX: How to apply the Apache License to your work To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives. Copyright [yyyy] [name of copyright owner] Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. ---------------------------------------- Cloudera Standard License Version 2019-12-12 THE TERMS AND CONDITIONS OF THIS CLOUDERA STANDARD LICENSE (THE "AGREEMENT") APPLY TO YOUR USE OF OR ACCESS TO THE PRODUCTS (AS DEFINED BELOW) MADE AVAILABLE BY CLOUDERA, INC. ("CLOUDERA"). PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU ("YOU" OR "CUSTOMER") PLAN TO USE OR ACCESS ANY OF THE PRODUCTS ON BEHALF OF A COMPANY OR OTHER ENTITY, YOU REPRESENT THAT YOU ARE THE EMPLOYEE OR AGENT OF SUCH COMPANY OR OTHER ENTITY AND YOU HAVE THE AUTHORITY TO ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT ON BEHALF OF SUCH COMPANY OR OTHER ENTITY. BY USING OR ACCESSING ANY OF THE PRODUCTS, YOU ACKNOWLEDGE AND AGREE THAT YOU: (A) HAVE READ, (B) UNDERSTAND, AND (C) AGREE TO BE LEGALLY BOUND BY, ALL OF THE TERMS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS ANY PORTION OF THE PRODUCTS. THE "EFFECTIVE DATE" OF THIS AGREEMENT IS THE DATE YOU FIRST DOWNLOAD OR ACCESS ANY OF THE PRODUCTS. 1. Product. For the purpose of this Agreement, "Product" means any of Cloudera's offerings provided to Customer under the terms of this Agreement, including but not limited to Cloudera proprietary software, any hosted or cloud-based service (a "Cloudera Online Service"), any trial software, and any software related to the foregoing. 2. Entire Agreement. This Agreement includes any exhibits attached hereto and web links referenced herein or in any exhibit. This Agreement is the entire agreement of the parties regarding the subject matter hereof, and except as may be otherwise agreed by the parties in writing, supersedes all other agreements between the parties, whether oral or written, regarding the subject matter hereof. 3. Delivery. The Product is delivered via electronic download (or, in the case of Cloudera Online Services, as a hosted, cloud-based service, accessible to Customer through a web browser), made available following Customer's acceptance of this Agreement. If Customer uses the Cloudera Online Services, Customer will adhere to, and agrees to be bound by, the Data Policy and the Privacy Policy, located at https://www.cloudera.com/legal/policies.html, as such policies may be updated by Cloudera from time to time (the "Data Policy" and the "Privacy Policy," respectively) without amendment to this Agreement. 4. License. Cloudera grants to Customer a nonexclusive, nontransferable, non-sublicensable, revocable and limited license to access and use the Product solely for Customer's internal purposes. 5. License Restrictions. Unless expressly otherwise set forth in this Agreement, Customer will not: (a) modify, translate or create derivative works of the Product; (b) decompile, reverse engineer or reverse assemble any portion of the Product or attempt to discover any source code or underlying ideas or algorithms of the Product; (c) sell, assign, sublicense, rent, lease, loan, provide, distribute or otherwise transfer all or any portion of the Product; (d) make, have made, reproduce or copy the Product; (e) remove or alter any trademark, logo, copyright or other proprietary notices associated with the Product; or (f) cause or permit any other party to do any of the foregoing. 6. Ownership. As between Cloudera and Customer and subject to the grants under this Agreement, Cloudera owns all right, title and interest in and to: (a) the Products (including, but not limited to, any modifications thereto or derivative works thereof); (b) all ideas, inventions, discoveries, improvements, information, creative works and any other works discovered, prepared, created or developed by Cloudera in the course of or resulting from the provision of any services under this Agreement; and (c) any and all Intellectual Property Rights embodied in the foregoing. For the purpose of this Agreement, "Intellectual Property Rights" means any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing. As between the parties and subject to the terms and conditions of this Agreement, Customer owns all right, title and interest in and to the data generated by the use of the Products by Customer. There are no implied licenses in this Agreement, and Cloudera reserves all rights not expressly granted under this Agreement. No licenses are granted by Cloudera to Customer under this Agreement, whether by implication, estoppel or otherwise, except as expressly set forth in this Agreement. 7. Nondisclosure; Data Policy and Privacy Policy. "Confidential Information" means all information disclosed (whether in oral, written, or other tangible or intangible form) by Cloudera to Customer concerning or related to this Agreement or Cloudera (whether before, on or after the Effective Date) which Customer knows or should know, due to the nature of the information and circumstances surrounding its disclosure, is confidential information of Cloudera. Confidential Information includes, but is not limited to, the components of the business plans, the Products, inventions, design plans, financial plans, computer programs, know-how, customer information, strategies, trade secrets, and other similar information. Customer will, during the term of this Agreement and thereafter, maintain in confidence the Confidential Information and will not use such Confidential Information except as expressly permitted herein. Customer will use the same degree of care in protecting the Confidential Information as Customer uses to protect its own confidential information from unauthorized use or disclosure, but in no event less than reasonable care. Confidential Information will be used by Customer solely for the purpose of carrying out Customer's obligations under this Agreement. In addition, Customer: (a) will not reproduce Confidential Information, in any form, except as required to accomplish Customer's obligations under this Agreement; and (b) will only disclose Confidential Information to its employees and consultants who have a need to know such Confidential Information in order to perform their duties under this Agreement and provided such employees and consultants have executed a non-disclosure agreement with Customer with terms no less restrictive than the non-disclosure obligations contained in this Section. Confidential Information will not include information that: (i) is in or enters the public domain without breach of this Agreement and through no fault of Customer; (ii) Customer can reasonably demonstrate was in its possession prior to first receiving it from Cloudera; (iii) Customer can demonstrate was developed by Customer independently and without use of or reference to the Confidential Information; or (iv) Customer receives from a third-party without restriction on disclosure and without breach of a nondisclosure obligation. Customer may disclose Confidential Information to the extent compelled to do so pursuant to a judicial or legislative order or proceeding; provided that, to the extent permitted by applicable law, Customer provides to Cloudera prior notice of the intended disclosure and an opportunity to respond or object to the disclosure or if prior notice is not permitted by applicable law, prompt notice of such disclosure; and provided further that Customer must limit the scope of Confidential Information that is disclosed to only that which is required to be disclosed by the applicable order or proceeding. Notwithstanding any terms to the contrary in this Agreement, any suggestions, comments or other feedback provided by Customer to Cloudera with respect to the Products (collectively, "Feedback") will constitute Confidential Information. Further, Cloudera will be free to use, disclose, reproduce, license and otherwise distribute, and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of Intellectual Property Rights or otherwise. Cloudera's Data Policy and Privacy Policy, located at https://www.cloudera.com/legal/policies.html, as may be updated by Cloudera from time to time (the "Data Policy" and the "Privacy Policy," respectively), will apply to Customer's use of the Products. Subject to applicable law, in connection with the performance of this Agreement and Customer's use or access of the Products: (i) Cloudera agrees that it will not require Customer to deliver to Cloudera any personally identifiable information (as defined by the EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 - General Data Protection Regulation) ("PII"); and (ii) Customer agrees not to deliver any PII to Cloudera; provided however, that Customer's Account Data (as defined in the Data Policy) may include PII, and will be governed by the Data Policy. Transaction Data (as defined in the Data Policy) will also be governed by the Data Policy. 8. Warranty Disclaimer. Customer represents, warrants and covenants that: (a) all of its employees and consultants will abide by the terms of this Agreement; (b) it will comply with all applicable laws, regulations, rules, orders and other requirements, now or hereafter in effect, of any applicable governmental authority, with respect to Customer's conduct of business and performance of its obligations under this Agreement. Notwithstanding any terms to the contrary in this Agreement, Customer will remain responsible for the acts or omissions of all employees or consultants of Customer to the same extent as if such acts or omissions were undertaken by Customer. THE PRODUCTS ARE MADE AVAILABLE TO CUSTOMER ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. CLOUDERA AND ITS SUPPLIERS DO NOT WARRANT THAT ANY OF THE PRODUCTS WILL BE FREE FROM ANY BUGS, ERRORS, OMISSIONS, OR THAT CLOUDERA AND ITS SUPPLIERS WILL PREVENT THIRD PARTY DISRUPTIONS OR UNAUTHORIZED ACCESS TO PRODUCTS. CLOUDERA, ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE PRODUCTS WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY, (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT CLOUDERA KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER HAS NOT RELIED ON ANY WARRANTY. 9. Indemnification. Customer will indemnify, defend and hold Cloudera and its directors, officers, employees, suppliers, consultants, contractors, and agents ("Cloudera Indemnitees") harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) resulting from any claim (including third-party claims), suit, action, or proceeding against any Cloudera Indemnitees, whether successful or not, caused by, arising out of, resulting from, attributable to or in any way incidental to: (a) any breach of this Agreement by Customer (including, but not limited to, any breach of any of Customer's representations, warranties or covenants); (b) the negligence or willful misconduct of Customer; or (c) the data and information used in connection with, or generated by, Customer's use of the Products. 10. Limitation of Liability. EXCEPT FOR ANY ACTS OF FRAUD OR WILLFUL MISCONDUCT, IN NO EVENT WILL: (A) CLOUDERA BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY INTERRUPTION OF BUSINESS, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS (INCLUDING RELATED TO YOUR USE, ACCESS OR INABILITY TO USE, ACCESS THE PRODUCTS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CLOUDERA HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) CLOUDERA'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF THE AGGREGATE OF THE AMOUNTS PAID OR PAYABLE TO CLOUDERA, IF ANY, UNDER THIS AGREEMENT OR FIVE HUNDRED U.S. DOLLARS. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 11. Third-Party Software. The Product may include third-party code that Cloudera received under license from a third party ("Third-Party Software"). The Third-Party Software is made available to Customer under such separate license, and not this Agreement. Cloudera makes a list of Third-Party Software available to Customer: (a) on Cloudera's website, (b) in the Product source code and/or the third-party notice file that accompanies the Product, and/or (c) in another reasonable manner. Customer accepts and agrees to the terms of such third-party licenses applicable to the Third-Party Software and acknowledges that such third parties disclaim and make no representation or warranty with respect to the Products, Third-Party Software, or any portion thereof, and assume no liability for any claim that may arise with respect to the Products, or Third-Party Software, or Customer's use, access, or inability to use, access the same. 12. Google Analytics. To improve the Products and gather feedback pro-actively from users, Google Analytics will be enabled by default in the Products. Users have the option to disable this feature via the 'Administration -> Properties' settings in the Products. Google Analytics Terms of Service are set forth at the following link: https://www.google.com/analytics/terms/us.html. 13. Diagnostics and Reporting. Customer acknowledges that the Products contains a diagnostic functionality as their default configuration. The diagnostic function collects configuration files, licensed metrics count, software versions, log files and other information regarding Customer's environment and use of the Products, and reports that information to Cloudera for use to proactively identify potential support issues, to understand Customer's environment, and to enhance the usability of the Products. While Customer may elect to change the diagnostic function in order to disable regular automatic reporting or to report only on filing of a support ticket, Customer agrees that, no less than once per quarter, it will run the diagnostic function and report the results to Cloudera. 14. Termination. The term of this Agreement commences on the Effective Date and continues for the specified trial period, or other applicable period specified by Cloudera, unless terminated by Cloudera for Customer's breach of any material term herein. Notwithstanding any terms to the contrary in this Agreement, in the event of a breach of Sections 4, 5, 6 or 7, Cloudera may immediately terminate this Agreement. Upon expiration or termination of this Agreement: (a) all rights granted to Customer under this Agreement will immediately cease; and (b) Customer will promptly provide Cloudera with all Confidential Information (including, but not limited to the Products) then in its possession or destroy all copies of such Confidential Information, at Cloudera's sole discretion and direction. Notwithstanding any terms to the contrary in this Agreement, this sentence and the following Sections will survive any termination or expiration of this Agreement: 5, 6, 7, 8, 9, 10, 11, 14, 15, 16 and 17. 15. Beta Software. In the event that Customer uses the functionality in a Product for the purposes of downloading and installing, or accessing, any Cloudera-provided public beta software, such beta software will be subject either to the Apache v2 license, or to the terms and conditions of the Public Beta License located at the following link: https://www.cloudera.com/content/www/en-us/legal/terms-and-conditions/ClouderaBetaLicense.html, as applicable. 16. Third-Party Resources. Products may include hyperlinks to other web sites or content or resources ("Third Party Resources"), and the functionality of such Products may depend upon the availability of such Third-Party Resources. Cloudera has no control over any Third-Party Resources. You acknowledge and agree that Cloudera is not responsible for the availability of any such Third-Party Resources, and does not endorse any advertising, products or other materials on or available from such Third-Party Resources. You acknowledge and agree that Cloudera is not liable for any loss or damage which may be incurred by you as a result of the availability of Third Party Resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Third Party Resources. 17. Miscellaneous. This Agreement is made and governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. The parties agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the state and federal courts located in Santa Clara County, California, and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled. Except for payments due under this Agreement, neither party will be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control, including but not limited to acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of service by any service providers being used by Cloudera to link its servers to the Internet, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party (each a "Force Majeure Event"). In the event of any such delay the date of delivery will be deferred for a period equal to the time lost by reason of the delay. Any notice or communication required or permitted to be given hereunder must be in writing signed or authorized by the party giving notice, and may be delivered by hand, deposited with an overnight courier, sent by confirmed email, confirmed facsimile or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the attention of the notified party's "General Counsel" at the corporate address specified on its company website or at such other address as may hereafter be furnished in accordance with this Section. No modification, addition or deletion, or waiver of any rights under this Agreement will be binding on a party unless made in writing, clearly understood by the parties to be a modification or waiver and signed by a duly authorized representative of each party. No failure or delay (in whole or in part) on the part of a party to exercise any right or remedy hereunder will operate as a waiver thereof or effect any other right or remedy. Except as otherwise expressly set forth herein, all rights and remedies hereunder are cumulative and are not exclusive of any other rights or remedies provided hereunder or by law. The waiver of one breach or default or any delay in exercising any rights will not constitute a waiver of any subsequent breach or default.