CDP Private Cloud Base 7.1.8
Copyright (c) 2019 - 2022 Cloudera, Inc.  All Rights Reserved.


OVERVIEW

The Cloudera Data Platform - Private Cloud Base offering is a collection of open source software components provided under the terms of the GNU Affero General Public License, Version 3.0 (a copy of which is provided below); except that to the extent that CDP Private Cloud Base includes Cloudera Manager, Key Trustee Key HSM, Key Trustee Server, or  that are proprietary Cloudera software components provided under the terms of the Cloudera Standard License as applicable to proprietary software (a copy of which is provided below).  The licenses referenced in this paragraph, however, do not extend to any trademarks, logos or other proprietary material of Cloudera, Inc. ("Cloudera").

Items appearing in the following notices 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, fulfilling a license's compliance requirements 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.


THIRD-PARTY SOFTWARE / SEPARATELY LICENSED CODE
Certain software developed and licensed directly by third parties ("Third-Party Software"), such as third-party operating systems, is provided with the Cloudera software but is not part of the Cloudera software.  Please read such third-party license agreements prior to using the applicable Third-Party Software. If recipient does not agree to the terms of such third-party license agreements, recipient may not use the associated Third-Party Software.

Where the Third-Party Software contains dual or multiple licensing options, the most permissive license compatible with the software license applies.

NO WARRANTY; NO LIABILITY; NO INDEMNIFICATION/HOLD HARMLESS
Notwithstanding any agreement recipient may have with Cloudera: (A) CLOUDERA PROVIDES THRID-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., 395 Page Mill Rd Palo Alto, CA 94306.


COMPONENTS
Each component listed below may have a notices file that lists its third-party software.  Notices may be found here: https://docs.cloudera.com/documentation/other/Licenses/topics/Third-Party-Licenses.html

Except for Cloudera Data Analytics Studio, the following components were obtained under the Apache License Version 2.0, January 2004. A copy of the Apache License Version 2.0 is below.  Cloudera Data Analytics Studio is licensed under the GNU AFFERO GENERAL PUBLIC LICENSE Version 3, 19 November 2007 (a copy of which is below).


arrow
atlas
avatica
avro
calcite
cdp_data_analytics_studio
cloudera-opdb-replication
config-service
cpx
cruise_control
curator
gcs
hadoop
hadoop-lzo
hbase
hbase-solr
hbase_connectors
hbase_filesystem
hbase-mcc
hbase_thirdparty
hive
hive-solr
hive_warehouse_connector
hue
impala
isa_l
kafka
kafka_connect_ext
knox
kudu
livy
oozie
orc
ozone
parquet
phoenix
phoenix-thirdparty
phoenix_connectors
phoenix_omid
phoenix_queryserver
ranger
ratis
ratis-thirdparty
schemaregistry
search
solr
spark
spark-solr
spark_atlas_connector
spark_schema_registry
sqoop
streams_messaging_manager
streams_messaging_manager_ui
streams_replication_manager
tez
zeppelin
zookeeper


----------------------------------------
Cloudera proprietary software components licensed under the Cloudera Standard License of which a copy is provided below:

Cloudera Manager
kafka_connect_ranger_plugin
keytrustee-keyhsm
keytrustee-keyprovider
keytrustee-server
NavEncrypt



=======================================
LICENSES
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Apache License
Version 2.0, January 2004
=========================


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GNU AFFERO GENERAL PUBLIC LICENSE
Version 3, 19 November 2007

Copyright (c) 2007 Free Software Foundation, Inc. <https://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble
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9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.

10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.

An "entity transaction" is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.

You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.

11. Patents.
A "contributor" is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's "contributor version".

A contributor's "essential patent claims" are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, "control" includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.

Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.

In the following three paragraphs, a "patent license" is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To "grant" such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.

If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. "Knowingly relying" means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.

If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.

A patent license is "discriminatory" if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.

Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.

12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.

13. Remote Network Interaction; Use with the GNU General Public License.
Notwithstanding any other provision of this License, if you modify the Program, your modified version must prominently offer all users interacting with it remotely through a computer network (if your version supports such interaction) an opportunity to receive the Corresponding Source of your version by providing access to the Corresponding Source from a network server at no charge, through some standard or customary means of facilitating copying of software. This Corresponding Source shall include the Corresponding Source for any work covered by version 3 of the GNU General Public License that is incorporated pursuant to the following paragraph.

Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the work with which it is combined will remain governed by version 3 of the GNU General Public License.

14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of the GNU Affero General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU Affero General Public License "or any later version" applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU Affero General Public License, you may choose any version ever published by the Free Software Foundation.

If the Program specifies that a proxy can decide which future versions of the GNU Affero General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.

Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.

15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.

END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively state the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.

    <one line to give the program's name and a brief idea of what it does.>
    Copyright (C) <year>  <name of author>

    This program is free software: you can redistribute it and/or modify
    it under the terms of the GNU Affero General Public License as
    published by the Free Software Foundation, either version 3 of the
    License, or (at your option) any later version.

    This program is distributed in the hope that it will be useful,
    but WITHOUT ANY WARRANTY; without even the implied warranty of
    MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
    GNU Affero General Public License for more details.

    You should have received a copy of the GNU Affero General Public License
    along with this program.  If not, see <https://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.

If your software can interact with users remotely through a computer network, you should also make sure that it provides a way for users to get its source. For example, if your program is a web application, its interface could display a "Source" link that leads users to an archive of the code. There are many ways you could offer source, and different solutions will be better for different programs; see section 13 for the specific requirements.

You should also get your employer (if you work as a programmer) or school, if any, to sign a "copyright disclaimer" for the program, if necessary. For more information on this, and how to apply and follow the GNU AGPL, see <https://www.gnu.org/licenses/>.
--------------------------------------


Cloudera Standard License
Version 2019-12-12

THE TERMS AND CONDITIONS OF THIS CLOUDERA STANDARD LICENSE (THE a[euro]oeAGREEMENTa[euro]A) APPLY TO YOUR USE OF OR ACCESS TO THE PRODUCTS (AS DEFINED BELOW) MADE AVAILABLE BY CLOUDERA, INC. (a[euro]oeCLOUDERAa[euro]A).

PLEASE READ THIS AGREEMENT CAREFULLY.

IF YOU (a[euro]oeYOUa[euro]A OR a[euro]oeCUSTOMERa[euro]A) PLAN TO USE OR ACCESSS 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 a[euro]oeEFFECTIVE DATEa[euro]A OF THIS AGREEMENT IS THE DATE YOU FIRST DOWNLOAD OR ACCESS ANY OF THE PRODUCTS.

1. Product. For the purpose of this Agreement, a[euro]oeProducta[euro]A means any of Clouderaa[euro](TM)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 a[euro]oeCloudera Online Servicea[euro]A), 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 Customera[euro](TM)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 http://www.cloudera.com/legal/policies.html, as such policies may be updated by Cloudera from time to time (the a[euro]oeData Policya[euro]A and the a[euro]oePrivacy Policy,a[euro]A 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 Customera[euro](TM)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, a[euro]oeIntellectual Property Rightsa[euro]A 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. a[euro]oeConfidential Informationa[euro]A 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 Customera[euro](TM)s obligations under this Agreement. In addition, Customer: (a) will not reproduce Confidential Information, in any form, except as required to accomplish Customera[euro](TM)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, a[euro]oeFeedbacka[euro]A) 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.  Clouderaa[euro](TM)s Data Policy and Privacy Policy, located at http://www.cloudera.com/legal/policies.html, as may be updated by Cloudera from time to time (the a[euro]oeData Policya[euro]A and the a[euro]oePrivacy Policy,a[euro]A respectively), will apply to Customera[euro](TM)s use of the Products.  Subject to applicable law, in connection with the performance of this Agreement and Customera[euro](TM)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 a[euro]" General Data Protection Regulation) (a[euro]oePIIa[euro]A); and (ii) Customer agrees not to deliver any PII to Cloudera; provided however, that Customera[euro](TM)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 Customera[euro](TM)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 a[euro]oeAS ISa[euro]A OR a[euro]oeAS AVAILABLEa[euro]A 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 (a[euro]oeCloudera Indemniteesa[euro]A) 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 Customera[euro](TM)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, Customera[euro](TM)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) CLOUDERAa[euro](TM)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 (a[euro]oeThird-Party Softwarea[euro]A). 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 Clouderaa[euro](TM)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 Customera[euro](TM)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 a[euro]~Administration -> Propertiesa[euro](TM) settings in the Products. Google Analytics Terms of Service are set forth at the following link: http://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 Customera[euro](TM)s environment and use of the Products, and reports that information to Cloudera for use to proactively identify potential support issues, to understand Customera[euro](TM)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 Customera[euro](TM)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 Clouderaa[euro](TM)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: http://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 (a[euro]oeThird Party Resourcesa[euro]A), 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 a[euro]oeForce Majeure Eventa[euro]A). 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 partya[euro](TM)s a[euro]oeGeneral Counsela[euro]A 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.