Hortonworks Data Platform, Optional Add-Ons and 3rd-Party Component Licenses

Hortonworks is dedicated to providing a 100% open source, Apache licensed product for our users and community. A variety of open source projects have been integrated, tested and combined as part of the Hortonworks Data Platform (HDP). The specific versions of these projects have been selected because they have been tested and certified to be the most stable, compatible and production-ready releases available in their respective domains.
This document lists each HDP product version and its components. Since HDP is also accompanied with Optional Add-Ons and 3rd-Party Components, this document also provides a list of these components including version and license details.

HDP Licensing

The Platform Components comprising the Hortonworks Data Platform (HDP) are released under the Apache 2.0 License. Unless required by applicable law, software distributed under the Apache License is distributed on an “AS IS” BASIS. You may obtain a copy of the Apache License at: http://www.apache.org/licenses/LICENSE-2.0

Optional Add-Ons and 3rd-Party Components

While HDP is provided under the terms of the Apache 2.0 License, it is also commonly used with 3rd-Party Components (ex. Oracle’s JDK – Java Platform) and Optional Add-Ons (ex. Hive ODBC Driver). When you choose to use those components, it is recommended you read and understand the licensing terms specific to each of those components. Also note that Add-Ons can be downloaded separately from HDP and each comes with instructions on how to install and leverage the features alongside HDP.

3rd-Party Components

The following 3rd-Party Components are commonly used with HDP, and Hortonworks supports HDP’s use of and interactions with these components for both development and production purposes, subject to the applicable terms and conditions.

3rd-Party Components Notes License Terms
Oracle JDK – Java Platform This is a required component that provides the Java platform to run Apache Hadoop and related components. Oracle Corporation
MySQL – Hive + HCatalog Metastore Database This component is used by Apache HCatalog and Apache Hive and provides a relational database for storing table, schema, and metadata information. GPL v2
PostgreSQL – Hive + HCatalog Metastore Database This component is used by Apache HCatalog and Apache Hive and provides a relational database for storing table, schema, and metadata information. PostgreSQL License
PostgreSQL – Ambari Configuration Database This component is used by Apache Ambari to store cluster information such as configurations and topology. PostgreSQL License
Nagios – System Monitoring and Alerts This component is used by Apache Ambari to provide basic system-level monitoring and alerting capabilities. GPL v2
Ganglia – Service Monitoring and Metrics This component is used by Apache Ambari to provide service and application level monitoring and metric collection capabilities. BSD
Snappy – Compression Library This component is provided for use as the default compression library. New BSD License
LZO – Compression Library This component is provided for use as an optional compression algorithm that can be used to replace the default Snappy compression library if so desired. GPL v2
ExtJS – JavaScript framework This component is provided for use with Apache Oozie as an optional component if using the Oozie Web Console. GPL v3
JUnit This component is provided to facilitate users who might want run unit tests to exercise their implementations. EPL
Shellinabox This component is used to help improve your experience when using Hortonworks Sandbox GPL v2

 

Hortonworks Data Platform Components

The following components have been integrated and tested with the Hortonworks Data Platform.

HDP 2.3

Platform Components Version License Terms
Apache Hadoop 2.7.1 Apache 2
Apache Accumulo 1.7.0 Apache 2
Apache Ambari 2.1.0 Apache 2
Apache Atlas 0.5.0 Apache 2
Cloudbreak 1.0.0 Apache 2
Apache Falcon 0.6.1 Apache 2
Apache Flume 1.5.2 Apache 2
Apache Hive 1.2.1 Apache 2
Apache HBase 1.1.1 Apache 2
Apache Kafka 0.8.2 Apache 2
Apache Knox 0.6.0 Apache 2
Apache Mahout 0.9.0 Apache 2
Apache Oozie 4.2.0 Apache 2
Apache Phoenix 4.4.0 Apache 2
Apache Pig 0.15.0 Apache 2
Apache Ranger 0.5.0 Apache 2
Apache Slider 0.80.0 Apache 2
Apache Solr 5.2.1 Apache 2
Apache Spark 1.3.1 Apache 2
Apache Sqoop 1.4.6 Apache 2
Apache Storm 0.10.0 Apache 2
Apache Tez 0.7.0 Apache 2
Apache ZooKeeper 3.4.6 Apache 2
Add-On Components
SmartSense – Hortonworks Support Tool Hortonworks SmartSense Agreement

PLEASE READ THIS HORTONWORKS SMARTSENSE AGREEMENT BEFORE USING HORTONWORKS SMARTSENSE. BY CLICKING “AGREE AND DOWNLOAD” CUSTOMER IS INDICATING ACCEPTANCE OF THIS AGREEEMENT AND AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH WILL GOVERN CUSTOMER’S USE OF HORTONWORKS SMARTSENSE. IF CUSTOMER DOES NOT UNCONDITIONALLY AGREE TO THE FOREGOING, CLICK THE "CANCEL" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF CUSTOMER DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN IT MUST NOT USE HORTONWORKS SMARTSENSE. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, THE INDIVIDUAL OR LEGAL ENTITY (“CUSTOMER”) AGREES TO BE BOUND BY THE TERMS OF THIS HORTONWORKS SMARTSENSE AGREEMENT (“AGREEMENT”).

This Agreement is made by and between the Customer and (a) if Customer is located in the United States, Canada or Mexico (together “North America”), Hortonworks, Inc., or (b) if Customer is located outside of North America, Hortonworks B.V. (each of Hortonworks, Inc. or Hortonworks B.V. referred to herein as “Hortonworks”). This Agreement is effective as of the date Customer accepts the terms of this Agreement (the “Effective Date”).

PURPOSE

WHEREAS, Customer is currently receiving Support services for the Hortonworks Data Platform from Hortonworks and it now desires to use Hortonworks SmartSense tool.

NOW THEREFORE, the parties hereby agree as follows:

AGREEMENT

1.0             LICENSE GRANT. Hortonworks grants to Customer free of charge a non-exclusive, non-transferable limited license, without a right to sublicense, to access and use Hortonworks SmartSense in accordance with the terms and conditions of this Agreement. Customer shall not allow any third parties or persons other than its employees or authorized contractors to use or have access to Hortonworks SmartSense. “Hortonworks SmartSense” or “SmartSense” consists of (i) software to be installed by Customer within its data infrastructure environment and (ii) access to on-line services that, together, allow customers to (a) quickly capture relevant cluster metric data to assist with faster case resolution and (b) perform on-going data collection to support proactive recommendations on performance, configuration, security and operations.

2.0             RESTRICTIONS.

2.1             Customer shall access and use SmartSense only as specifically authorized by Hortonworks herein and shall not use, link or interface SmartSense with any equipment, software, data, network or communications system, in any manner or in connection with any function, not specifically authorized by Hortonworks.

2.2             Customer may not: (i) use SmartSense to provide services to third parties; (ii) obtain, or assist others in obtaining, access to SmartSense, other than as required for the permitted use hereunder; (iii) transfer, modify, reverse engineer, disassemble, decompile, incorporate or use in any other works, or create derivative works of SmartSense, (iv) reproduce, republish or offer any part of SmartSense (or compilations based on any part of SmartSense) for sale or distribution in any form, over or through any medium whether in hard copy, electronically or otherwise, including, without limitation, wireless communications, via cable or broadband services, hyperlink, framing or in any other manner on the Internet, any public or private bulletin board system or other electronic network without the prior written consent of Hortonworks or (v) use, transfer, distribute, or dispose of any Hortonworks information contained in or provided through SmartSense in any manner that could compete with the business of Hortonworks.

 2.3             Customer shall be responsible for any unauthorized access to or use of SmartSense and the Hortonworks Confidential Information (as defined below) provided to Customer hereunder. Customer shall: (i) notify Hortonworks promptly of any material unauthorized access, possession, use, loss, knowledge, or attempt thereof, of SmartSense and/or the Hortonworks Confidential Information by any person or entity which may become known to Customer; (ii) promptly furnish to Hortonworks full details of the unauthorized access, possession, use, loss, knowledge, or attempt thereof, and use reasonable efforts to assist Hortonworks in investigating or preventing the recurrence of any unauthorized access, possession, use, loss, knowledge, or attempt thereof, of SmartSense and/or the Hortonworks Confidential Information; (iii) use reasonable efforts to cooperate with Hortonworks in any litigation and investigation against such third parties deemed necessary by Hortonworks to protect its proprietary rights; and (iv) promptly use all reasonable efforts to prevent a recurrence of any such unauthorized access, possession, use, loss, knowledge, or attempt thereof of SmartSense and/or the Hortonworks Confidential Information. Any and all information related to SmartSense or performance thereof, as well as any technical, or other information provided by Hortonworks to Customer (including, without limitation, the terms of this Agreement) (“Confidential Information”) shall be held in confidence and not disclosed or, except as provided in the next sentence, used by Customer except as permitted in writing. This obligation will not apply to information that is generally and freely publicly available through no fault of Customer, that Customer independently developed without use of or reference to Hortonworks’ Confidential Information, or that Customer otherwise rightfully obtains from third parties without restriction on disclosure.

3.0             TERM AND TERMINATION.   The term of this Agreement will commence on the Effective Date and will continue until terminated as set forth herein. Hortonworks may, in its sole discretion, terminate this Agreement at any time upon written notice to Customer. Upon expiration or termination of this Agreement, Customer will return to Hortonworks all copies of SmartSense (including backup copies) in any and all media, and delete any such copies that are resident in the memory or hard disks of computers owned or controlled by Customer.

4.0             HORTONWORKS SMARTSENSE AND OWNERSHIP SmartSense is not sold, but rather is licensed for Customer’s internal use and only in accordance with the use restrictions set forth in this Agreement and strictly in accordance with any applicable documentation. Hortonworks and its licensors own all right, title and interest in and to SmartSense (including any updates thereto) and reserve all rights to SmartSense that are not expressly granted hereunder by Hortonworks. Except for the license granted herein, Customer shall not obtain, and Hortonworks grants no, ownership right, title or interest in SmartSense, the content provided by Hortonworks therein, or the technologies used to create SmartSense, in all languages, formats and media throughout the world, including all present and future rights in and to the information, content data, designs, material and all trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type inherent therein or appurtenant thereto.

5.0            FEEDBACK.

5.1             Customer may, in its sole discretion, provide Hortonworks with suggestions, enhancement requests, recommendations, or other feedback related to SmartSense (“Feedback”).

5.2             Customer agrees that Hortonworks shall own all Feedback and have the right to use Feedback in any manner and for any purpose in its sole discretion. Customer hereby assigns to Hortonworks all right, title, and interest in and to Feedback, including all intellectual property rights therein and thereto. Customer agrees to execute such further instruments as Hortonworks may reasonably request confirming Hortonworks’ ownership of Feedback as agreed herein.

5.3             Customer consents to Hortonworks’ use of Customer data collected from SmartSense to provide services contemplated herein.

6.0             WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.

6.1             CUSTOMER ACKNOWLEDGES AND AGREES THAT HORTONWORKS SMARTSENSE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. NEITHER HORTONWORKS NOR ITS SUPPLIERS MAKES (AND HAS NOT AUTHORIZED ANYONE TO MAKE) ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

6.2             NEITHER HORTONWORKS NOR ITS SUPPLIERS WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY AMOUNTS IN EXCESS OF ONE HUNDRED DOLLARS ($100), (II) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (III) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, OR (IV)  INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. HORTONWORKS SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL.

7.0             GENERAL.

7.1             Governing Law and Venue. This Agreement is governed by the laws of the State of California, without regard to conflict of law principles. The parties specifically agree that this Agreement will not be governed by the Uniform Commercial Code. In addition, the provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Hortonworks SmartSense is a “Commercial Item” as that term is defined in the Federal Acquisition Regulation (FAR) at 48 C.F.R. 2.101. Any legal action or proceeding arising under this Agreement will be brought exclusively in the state or federal courts located in Santa Clara County, California, and the parties expressly consent to personal jurisdiction and venue therein. Neither this arrangement nor the licenses granted hereunder are assignable or transferable by Customer (and any attempt to do so shall be void). Hortonworks may freely assign, delegate, license and/or transfer this Agreement, in whole or in part, without consent.

7.2             Independent Contractors. The relationship between the parties established under this Agreement is that of independent contractors, and nothing in this Agreement shall be construed to create an employment, partnership, joint venture, or agency relationship between the parties.

7.3             Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to achieve the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable.

7.4             No Waiver. The failure of a party to enforce any provision or exercise any right under this Agreement shall not constitute a waiver of such provision or right    and shall not preclude such party from enforcing such provision or exercising such right at any later time.

7.5             Compliance with Laws. Customer acknowledges that items provided hereunder are of United States origin, are provided subject to the U.S. Export Administration Regulations, and may be subject to other applicable national and international laws. Diversion or distribution contrary to applicable export control laws is prohibited. Customer represents that (1) it is not, and is not acting on behalf of, (a) any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which the United States has prohibited export transactions, or (b) any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Denied Entity List; and (2) it will not permit items delivered under this Agreement to be used for any purposes prohibited by law, including, but not limited to, any prohibited development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons. Additionally, each of the parties agrees that it will not engage in any illegal, unfair, deceptive, or unethical business practices whatsoever, including, but not limited to, any act that would constitute a violation of the U.S. Foreign Corrupt Practices Act.

7.6        The following provisions shall survive termination or expiration of this Agreement: Sections 2, 3, 4, 6 and 7.

HDP 2.2

Platform Components Version License Terms
Apache Hadoop 2.6.0 Apache 2
Apache Accumulo 1.6.1 Apache 2
Apache Ambari 2.0.0 Apache 2
Apache DataFu 1.2.0 Apache 2
Apache Falcon 0.6.0 Apache 2
Apache Flume 1.5.2 Apache 2
Apache Hive 0.14.0 Apache 2
Apache HBase 0.98.4 Apache 2
Apache Kafka 0.8.1.1 Apache 2
Apache Knox 0.5.0 Apache 2
Apache Mahout 0.9.0 Apache 2
Apache Oozie 4.1.0 Apache 2
Apache Phoenix 4.2.0 Apache 2
Apache Pig 0.14.0 Apache 2
Apache Ranger 0.4.0 Apache 2
Apache Slider 0.61.0 Apache 2
Apache Solr 4.10.2 Apache 2
Apache Spark 1.2.1 Apache 2
Apache Sqoop 1.4.5 Apache 2
Apache Storm 0.9.3 Apache 2
Apache Tez 0.5.2 Apache 2
Apache ZooKeeper 3.4.6 Apache 2
Add-On Components
HDP Search (Apache Solr 4.10.2) 4.10.2 Apache 2
Hive ODBC Driver for HDP 2.2 (v2.0) Hive ODBC Driver License AgreementHIVE ODBC DRIVER LICENSE AGREEMENT   PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU AGREE TO THESE TERMS. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT AGREE TO THE TERMS OF THIS AGREEMENT OR USE THE SOFTWARE. This Hive ODBC Driver License Agreement ("Agreement") is made by Hortonworks, Inc. ("Hortonworks") with its principal place of business at 5470 Great America Parkway, Santa Clara, California 95054 and you ("Customer"). The effective date ("Effective Date") of this Agreement is the date Customer agrees to these terms or uses the Software (as defined below). Capitalized terms have the meaning set forth in the applicable Sections or in Section 7.

  1. License.

1.1    License Grant. Subject to the terms and conditions of this Agreement, Hortonworks agrees to grant, and does hereby grant to Customer, during the Term of this Agreement, a personal, limited, non-exclusive, non-transferable right and license, to use the Software for Customer's internal business use without the right to grant or authorize sublicenses or to further distribute the Software. Customer may make up to two copies of the Software for backup and/or archival purposes; provided that Customer shall reproduce and include the existing copyright and other proprietary notices on and in any copies of the Software, including partial, physical or electronic copies of the Software.

1.2    License Restrictions. Customer shall not itself, or through any parent, subsidiary, affiliate, agent or other third party, or permit any third party to:

1.2.1 assign, sell, lease, license, distribute, sublicense or otherwise transfer in whole or in part, any Software or the Documentation to a third party; or

1.2.2  reverse compile, reverse assemble, translate, reverse engineer or otherwise attempt to reduce the Software to human readable form or derive source code from the Software, in whole or in part, nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or identify the source code of the Software or encourage others to do so, except to the limited extent, if any, that applicable law permits such acts notwithstanding any contractual prohibitions, provided, however, before Customer exercises any rights that Customer believes to be entitled to based on mandatory law, Customer shall provide Hortonworks with thirty (30) days prior written notice and provide all reasonably requested information to allow Hortonworks to assess Customer's claim and, at Hortonworks' sole discretion, to provide alternatives that reduce any adverse impact on Hortonworks' intellectual property or other rights; or 1.2.3    allow access to or permit use of or otherwise make available the Software by any users other than Customer's agents, employees, independent contractors or consultants, who shall use the Software solely for Customer’s internal business purposes in a manner consistent with this Agreement and who agree in writing to abide by the terms of this Agreement, provided further that Customer shall be liable for any failure by such agents, employees, independent contractors or consultants to comply with the terms of this Agreement; or

1.2.4  create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software; or

1.2.5  modify, supplement, or create derivative works based upon the Software; or

1.2.6  disclose the results of any benchmark test of the Software to any third party without Hortonworks' prior written approval, unless otherwise expressly permitted herein, provided, however, that the foregoing restriction shall apply to Customer only if Customer is a software or hardware vendor, or Customer is performing testing or benchmarking on the Software at the direction of, or on behalf of, a software or hardware vendor. Customer shall promptly report any violation of this Section 1.2.

1.3    Other Software. The Other Software is licensed to Customer under the terms of the applicable third party or open source license conditions and/or copyright notices.

1.4    Support. Hortonworks does not provide any support or subscription services for the Software under this Agreement. You have no rights to any updates, upgrades or extensions or enhancements to the Software developed by Hortonworks unless you separately purchase Hortonworks support or subscription services. These support or subscription services are subject to Hortonworks' then-current support terms and conditions.

 
  1. Confidentiality. For a period of five (5) years from the date of disclosure of the applicable Confidential Information, Customer will (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as it uses to avoid unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than reasonable care, and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement; provided that, to the extent the Confidential Information constitutes a trade secret under law, Customer agrees to protect such information for so long as it qualifies as a trade secret under applicable law. Customer will disclose the Confidential Information only to those of its employees and contractors having a need to know such Confidential Information and will take all reasonable precautions to ensure that such employees and contractors comply with the provisions of this Section. The obligations of Customer under this Section will not apply to information that Customer can demonstrate (i) was in its possession at the time of disclosure and without restriction as to confidentiality, (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by Customer, (iii) has been received from a third party without restriction on disclosure and without breach of agreement by Customer, or (iv) is independently developed by Customer without regard to the Confidential Information. In addition, Customer may disclose Confidential Information as required to comply with binding orders of governmental entities that have jurisdiction over it; provided that Customer gives Hortonworks reasonable written notice to allow Hortonworks to seek a protective order or other appropriate remedy, discloses only such Confidential Information as is required by the governmental entity, and uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information disclosed.
 
  1. Ownership. Hortonworks and its licensors shall retain all intellectual property and proprietary rights in the Software, Documentation, and related works, including but not limited to any derivative work of the foregoing. The Software is licensed only, and no title to, or ownership of, the Software is transferred to Customer hereunder.
 
  1. Disclaimer and Limitation of Liability.

4.1    Disclaimer. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO CUSTOMER "AS-IS" AND HORTONWORKS AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, NON-INFRINGEMENT, TITLE, PERFORMANCE, AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE AND DOCUMENTATION ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OR DIRECT LIFE SUPPORT SYSTEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUMES ANY RISKS ASSOCIATED WITH ITS EXERCISE OF PERMISSIONS UNDER THIS AGREEMENT.

4.2    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 WILL: (A) HORTONWORKS OR ITS SUPPLIERS BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, RELIANCE, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY CHARACTER AND HOWEVER CAUSED, ARISING AS A RESULT OF THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (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 HORTONWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) HORTONWORKS' CUMULATIVE LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS (US$100), OR (C) HORTONWORKS' SUPPLIERS HAVE ANY LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. IN PROVIDING THE SOFTWARE, HORTONWORKS IS ACTING ON ITS OWN BEHALF AND NOT ON BEHALF OF ANY OTHER PERSON OR ENTITY. THE PROVISIONS OF THIS SECTION 4 ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN CUSTOMER, HORTONWORKS AND HORTONWORKS' SUPPLIERS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

  1. Term and Termination.

5.1    This Agreement shall commence on the Effective Date and continue until terminated as set forth in this Agreement ("Term"). Either party may terminate this Agreement: (a) with ten (10) days prior written notice to the other party; or (b) upon written notice to the other party in the event that the other party breaches this Agreement and does not cure such breach within thirty (30) days of written notice.

5.2    Sections 2, 3, 4, 5, 6 and, 7 shall survive the expiration or termination of this Agreement.

5.3    Effect of Termination. Upon termination of this Agreement (a) all Licensed rights to the Software granted to Customer under this Agreement will immediately cease to exist; and (b) Customer must promptly discontinue all use of the Software, and destroy all copies of the Software and Documentation, and, if requested by Hortonworks, certify in writing to Hortonworks that Customer has fully complied with these requirements.

 
  1. General. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, which shall not be unreasonably withheld, and any such assignment in violation of this Section shall be void, except that (i) either party may assign this Agreement or rights granted hereunder to an Affiliate without the consent of the other party and (ii) the transfer of this Agreement or rights granted hereunder to a successor entity in the event of a merger, corporate reorganization, or acquisition shall not constitute an assignment for purposes of this Section. Affiliate means an entity that a party, directly or indirectly, controls, an entity that controls a party or an entity that is under common control with a party. For purposes of this provision, control means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all prior or contemporaneous discussions, proposals and agreements between the parties relating to the subject matter hereof. No amendment, modification or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. Purchase orders, if any, will be for the sole purpose of describing the Software to be provided under this Agreement and to this extent only are incorporated as a part of this Agreement and all other terms in purchase orders are rejected. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under this Agreement. Neither party will be liable to the other for any delay or failure to perform due to causes beyond its reasonable control. Unless otherwise specifically stated, the terms of this Agreement are intended to be and are solely for the benefit of Hortonworks and Customer and do not create any right in favor of any third party. This Agreement will be governed by the laws of the State of California, without reference to the principles of conflicts of law. The provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. The parties will attempt to resolve any dispute related to this Agreement informally, initially through their respective management, and then by non-binding mediation in Santa Clara County, California. Any litigation related to this Agreement shall be brought in the state or federal courts located in Santa Clara County, California, and only in those courts and each party irrevocably waives any objections to such venue. All notices must be in writing and will be effective three (3) days after the date sent to the address shown above for Hortonworks and given on the Hortonworks website for Customer.
 
  1. Definitions.   "Confidential Information" means any and all information or proprietary materials (in every form and media) not generally known in the relevant trade or industry and which has been or is hereafter disclosed or made available by Hortonworks to Customer in connection with the transactions contemplated under this Agreement, including (i) all trade secrets, (ii) existing or contemplated products, services, designs, technology, processes, technical data, engineering, techniques, methodologies and concepts and any related information, and (iii) information relating to business plans, sales or marketing methods and customer lists or requirements.   "Documentation" means the documentation made available by Hortonworks with the Software, which may be modified during the Term.   "Other Software" means various third party and open source software components licensed under the terms of applicable third party or open source license agreements included in the materials relating to such software. Other Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. "Software" means the software accompanying this Agreement.

Hive ODBC Driver for HDP 2.2 (v1.4.14) 1.4.14 Hive ODBC Driver License AgreementHIVE ODBC DRIVER LICENSE AGREEMENT   PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU AGREE TO THESE TERMS. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT AGREE TO THE TERMS OF THIS AGREEMENT OR USE THE SOFTWARE. This Hive ODBC Driver License Agreement ("Agreement") is made by Hortonworks, Inc. ("Hortonworks") with its principal place of business at 5470 Great America Parkway, Santa Clara, California 95054 and you ("Customer"). The effective date ("Effective Date") of this Agreement is the date Customer agrees to these terms or uses the Software (as defined below). Capitalized terms have the meaning set forth in the applicable Sections or in Section 7.

  1. License.

1.1    License Grant. Subject to the terms and conditions of this Agreement, Hortonworks agrees to grant, and does hereby grant to Customer, during the Term of this Agreement, a personal, limited, non-exclusive, non-transferable right and license, to use the Software for Customer's internal business use without the right to grant or authorize sublicenses or to further distribute the Software. Customer may make up to two copies of the Software for backup and/or archival purposes; provided that Customer shall reproduce and include the existing copyright and other proprietary notices on and in any copies of the Software, including partial, physical or electronic copies of the Software.

1.2    License Restrictions. Customer shall not itself, or through any parent, subsidiary, affiliate, agent or other third party, or permit any third party to:

1.2.1 assign, sell, lease, license, distribute, sublicense or otherwise transfer in whole or in part, any Software or the Documentation to a third party; or

1.2.2  reverse compile, reverse assemble, translate, reverse engineer or otherwise attempt to reduce the Software to human readable form or derive source code from the Software, in whole or in part, nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or identify the source code of the Software or encourage others to do so, except to the limited extent, if any, that applicable law permits such acts notwithstanding any contractual prohibitions, provided, however, before Customer exercises any rights that Customer believes to be entitled to based on mandatory law, Customer shall provide Hortonworks with thirty (30) days prior written notice and provide all reasonably requested information to allow Hortonworks to assess Customer's claim and, at Hortonworks' sole discretion, to provide alternatives that reduce any adverse impact on Hortonworks' intellectual property or other rights; or 1.2.3    allow access to or permit use of or otherwise make available the Software by any users other than Customer's agents, employees, independent contractors or consultants, who shall use the Software solely for Customer’s internal business purposes in a manner consistent with this Agreement and who agree in writing to abide by the terms of this Agreement, provided further that Customer shall be liable for any failure by such agents, employees, independent contractors or consultants to comply with the terms of this Agreement; or

1.2.4  create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software; or

1.2.5  modify, supplement, or create derivative works based upon the Software; or

1.2.6  disclose the results of any benchmark test of the Software to any third party without Hortonworks' prior written approval, unless otherwise expressly permitted herein, provided, however, that the foregoing restriction shall apply to Customer only if Customer is a software or hardware vendor, or Customer is performing testing or benchmarking on the Software at the direction of, or on behalf of, a software or hardware vendor. Customer shall promptly report any violation of this Section 1.2.

1.3    Other Software. The Other Software is licensed to Customer under the terms of the applicable third party or open source license conditions and/or copyright notices.

1.4    Support. Hortonworks does not provide any support or subscription services for the Software under this Agreement. You have no rights to any updates, upgrades or extensions or enhancements to the Software developed by Hortonworks unless you separately purchase Hortonworks support or subscription services. These support or subscription services are subject to Hortonworks' then-current support terms and conditions.

 
  1. Confidentiality. For a period of five (5) years from the date of disclosure of the applicable Confidential Information, Customer will (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as it uses to avoid unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than reasonable care, and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement; provided that, to the extent the Confidential Information constitutes a trade secret under law, Customer agrees to protect such information for so long as it qualifies as a trade secret under applicable law. Customer will disclose the Confidential Information only to those of its employees and contractors having a need to know such Confidential Information and will take all reasonable precautions to ensure that such employees and contractors comply with the provisions of this Section. The obligations of Customer under this Section will not apply to information that Customer can demonstrate (i) was in its possession at the time of disclosure and without restriction as to confidentiality, (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by Customer, (iii) has been received from a third party without restriction on disclosure and without breach of agreement by Customer, or (iv) is independently developed by Customer without regard to the Confidential Information. In addition, Customer may disclose Confidential Information as required to comply with binding orders of governmental entities that have jurisdiction over it; provided that Customer gives Hortonworks reasonable written notice to allow Hortonworks to seek a protective order or other appropriate remedy, discloses only such Confidential Information as is required by the governmental entity, and uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information disclosed.
 
  1. Ownership. Hortonworks and its licensors shall retain all intellectual property and proprietary rights in the Software, Documentation, and related works, including but not limited to any derivative work of the foregoing. The Software is licensed only, and no title to, or ownership of, the Software is transferred to Customer hereunder.
 
  1. Disclaimer and Limitation of Liability.

4.1    Disclaimer. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO CUSTOMER "AS-IS" AND HORTONWORKS AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, NON-INFRINGEMENT, TITLE, PERFORMANCE, AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE AND DOCUMENTATION ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OR DIRECT LIFE SUPPORT SYSTEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUMES ANY RISKS ASSOCIATED WITH ITS EXERCISE OF PERMISSIONS UNDER THIS AGREEMENT.

4.2    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 WILL: (A) HORTONWORKS OR ITS SUPPLIERS BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, RELIANCE, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY CHARACTER AND HOWEVER CAUSED, ARISING AS A RESULT OF THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (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 HORTONWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) HORTONWORKS' CUMULATIVE LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS (US$100), OR (C) HORTONWORKS' SUPPLIERS HAVE ANY LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. IN PROVIDING THE SOFTWARE, HORTONWORKS IS ACTING ON ITS OWN BEHALF AND NOT ON BEHALF OF ANY OTHER PERSON OR ENTITY. THE PROVISIONS OF THIS SECTION 4 ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN CUSTOMER, HORTONWORKS AND HORTONWORKS' SUPPLIERS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

  1. Term and Termination.

5.1    This Agreement shall commence on the Effective Date and continue until terminated as set forth in this Agreement ("Term"). Either party may terminate this Agreement: (a) with ten (10) days prior written notice to the other party; or (b) upon written notice to the other party in the event that the other party breaches this Agreement and does not cure such breach within thirty (30) days of written notice.

5.2    Sections 2, 3, 4, 5, 6 and, 7 shall survive the expiration or termination of this Agreement.

5.3    Effect of Termination. Upon termination of this Agreement (a) all Licensed rights to the Software granted to Customer under this Agreement will immediately cease to exist; and (b) Customer must promptly discontinue all use of the Software, and destroy all copies of the Software and Documentation, and, if requested by Hortonworks, certify in writing to Hortonworks that Customer has fully complied with these requirements.

 
  1. General. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, which shall not be unreasonably withheld, and any such assignment in violation of this Section shall be void, except that (i) either party may assign this Agreement or rights granted hereunder to an Affiliate without the consent of the other party and (ii) the transfer of this Agreement or rights granted hereunder to a successor entity in the event of a merger, corporate reorganization, or acquisition shall not constitute an assignment for purposes of this Section. Affiliate means an entity that a party, directly or indirectly, controls, an entity that controls a party or an entity that is under common control with a party. For purposes of this provision, control means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all prior or contemporaneous discussions, proposals and agreements between the parties relating to the subject matter hereof. No amendment, modification or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. Purchase orders, if any, will be for the sole purpose of describing the Software to be provided under this Agreement and to this extent only are incorporated as a part of this Agreement and all other terms in purchase orders are rejected. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under this Agreement. Neither party will be liable to the other for any delay or failure to perform due to causes beyond its reasonable control. Unless otherwise specifically stated, the terms of this Agreement are intended to be and are solely for the benefit of Hortonworks and Customer and do not create any right in favor of any third party. This Agreement will be governed by the laws of the State of California, without reference to the principles of conflicts of law. The provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. The parties will attempt to resolve any dispute related to this Agreement informally, initially through their respective management, and then by non-binding mediation in Santa Clara County, California. Any litigation related to this Agreement shall be brought in the state or federal courts located in Santa Clara County, California, and only in those courts and each party irrevocably waives any objections to such venue. All notices must be in writing and will be effective three (3) days after the date sent to the address shown above for Hortonworks and given on the Hortonworks website for Customer.
 
  1. Definitions.   "Confidential Information" means any and all information or proprietary materials (in every form and media) not generally known in the relevant trade or industry and which has been or is hereafter disclosed or made available by Hortonworks to Customer in connection with the transactions contemplated under this Agreement, including (i) all trade secrets, (ii) existing or contemplated products, services, designs, technology, processes, technical data, engineering, techniques, methodologies and concepts and any related information, and (iii) information relating to business plans, sales or marketing methods and customer lists or requirements.   "Documentation" means the documentation made available by Hortonworks with the Software, which may be modified during the Term.   "Other Software" means various third party and open source software components licensed under the terms of applicable third party or open source license agreements included in the materials relating to such software. Other Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. "Software" means the software accompanying this Agreement.

Ambari SCOM Management Pack 2.0 2.0 Ambari SCOM Management License AgreementAMBARI SCOM MANAGEMENT LICENSE AGREEMENT   PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU AGREE TO THESE TERMS. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT AGREE TO THE TERMS OF THIS AGREEMENT OR USE THE SOFTWARE. This Ambari SCOM Management License Agreement ("Agreement") is made by Hortonworks, Inc. ("Hortonworks") with its principal place of business at 5470 Great America Parkway, Santa Clara, California 95054 and you ("Customer"). The effective date ("Effective Date") of this Agreement is the date Customer agrees to these terms or uses the Software (as defined below). Capitalized terms have the meaning set forth in the applicable Sections or in Section 7.  
  1. License.

1.1    License Grant. Subject to the terms and conditions of this Agreement, Hortonworks agrees to grant, and does hereby grant to Customer, during the Term of this Agreement, a personal, limited, non-exclusive, non-transferable right and license, to use the Software for Customer's internal business use without the right to grant or authorize sublicenses or to further distribute the Software. Customer may make up to two copies of the Software for backup and/or archival purposes; provided that Customer shall reproduce and include the existing copyright and other proprietary notices on and in any copies of the Software, including partial, physical or electronic copies of the Software.

1.2    License Restrictions. Customer shall not itself, or through any parent, subsidiary, affiliate, agent or other third party, or permit any third party to:

1.2.1 assign, sell, lease, license, distribute, sublicense or otherwise transfer in whole or in part, any Software or the Documentation to a third party; or

1.2.2  reverse compile, reverse assemble, translate, reverse engineer or otherwise attempt to reduce the Software to human readable form or derive source code from the Software, in whole or in part, nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or identify the source code of the Software or encourage others to do so, except to the limited extent, if any, that applicable law permits such acts notwithstanding any contractual prohibitions, provided, however, before Customer exercises any rights that Customer believes to be entitled to based on mandatory law, Customer shall provide Hortonworks with thirty (30) days prior written notice and provide all reasonably requested information to allow Hortonworks to assess Customer's claim and, at Hortonworks' sole discretion, to provide alternatives that reduce any adverse impact on Hortonworks' intellectual property or other rights; or 1.2.3    allow access to or permit use of or otherwise make available the Software by any users other than Customer's agents, employees, independent contractors or consultants, who shall use the Software solely for Customer’s internal business purposes in a manner consistent with this Agreement and who agree in writing to abide by the terms of this Agreement, provided further that Customer shall be liable for any failure by such agents, employees, independent contractors or consultants to comply with the terms of this Agreement; or

1.2.4  create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software; or

1.2.5  modify, supplement, or create derivative works based upon the Software; or

1.2.6  disclose the results of any benchmark test of the Software to any third party without Hortonworks' prior written approval, unless otherwise expressly permitted herein, provided, however, that the foregoing restriction shall apply to Customer only if Customer is a software or hardware vendor, or Customer is performing testing or benchmarking on the Software at the direction of, or on behalf of, a software or hardware vendor. Customer shall promptly report any violation of this Section 1.2.

1.3    Other Software. The Other Software is licensed to Customer under the terms of the applicable third party or open source license conditions and/or copyright notices.

1.4    Support. Hortonworks does not provide any support or subscription services for the Software under this Agreement. You have no rights to any updates, upgrades or extensions or enhancements to the Software developed by Hortonworks unless you separately purchase Hortonworks support or subscription services. These support or subscription services are subject to Hortonworks' then-current support terms and conditions.

 
  1. Confidentiality. For a period of five (5) years from the date of disclosure of the applicable Confidential Information, Customer will (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as it uses to avoid unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than reasonable care, and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement; provided that, to the extent the Confidential Information constitutes a trade secret under law, Customer agrees to protect such information for so long as it qualifies as a trade secret under applicable law. Customer will disclose the Confidential Information only to those of its employees and contractors having a need to know such Confidential Information and will take all reasonable precautions to ensure that such employees and contractors comply with the provisions of this Section. The obligations of Customer under this Section will not apply to information that Customer can demonstrate (i) was in its possession at the time of disclosure and without restriction as to confidentiality, (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by Customer, (iii) has been received from a third party without restriction on disclosure and without breach of agreement by Customer, or (iv) is independently developed by Customer without regard to the Confidential Information. In addition, Customer may disclose Confidential Information as required to comply with binding orders of governmental entities that have jurisdiction over it; provided that Customer gives Hortonworks reasonable written notice to allow Hortonworks to seek a protective order or other appropriate remedy, discloses only such Confidential Information as is required by the governmental entity, and uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information disclosed.
 
  1. Ownership. Hortonworks and its licensors shall retain all intellectual property and proprietary rights in the Software, Documentation, and related works, including but not limited to any derivative work of the foregoing. The Software is licensed only, and no title to, or ownership of, the Software is transferred to Customer hereunder.
 
  1. Disclaimer and Limitation of Liability.

4.1    Disclaimer. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO CUSTOMER "AS-IS" AND HORTONWORKS AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, NON-INFRINGEMENT, TITLE, PERFORMANCE, AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE AND DOCUMENTATION ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OR DIRECT LIFE SUPPORT SYSTEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUMES ANY RISKS ASSOCIATED WITH ITS EXERCISE OF PERMISSIONS UNDER THIS AGREEMENT.

4.2    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 WILL: (A) HORTONWORKS OR ITS SUPPLIERS BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, RELIANCE, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY CHARACTER AND HOWEVER CAUSED, ARISING AS A RESULT OF THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (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 HORTONWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) HORTONWORKS' CUMULATIVE LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS (US$100), OR (C) HORTONWORKS' SUPPLIERS HAVE ANY LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. IN PROVIDING THE SOFTWARE, HORTONWORKS IS ACTING ON ITS OWN BEHALF AND NOT ON BEHALF OF ANY OTHER PERSON OR ENTITY. THE PROVISIONS OF THIS SECTION 4 ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN CUSTOMER, HORTONWORKS AND HORTONWORKS' SUPPLIERS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

  1. Term and Termination.

5.1    This Agreement shall commence on the Effective Date and continue until terminated as set forth in this Agreement ("Term"). Either party may terminate this Agreement: (a) with ten (10) days prior written notice to the other party; or (b) upon written notice to the other party in the event that the other party breaches this Agreement and does not cure such breach within thirty (30) days of written notice.

5.2    Sections 2, 3, 4, 5, 6 and, 7 shall survive the expiration or termination of this Agreement.

5.3    Effect of Termination. Upon termination of this Agreement (a) all Licensed rights to the Software granted to Customer under this Agreement will immediately cease to exist; and (b) Customer must promptly discontinue all use of the Software, and destroy all copies of the Software and Documentation, and, if requested by Hortonworks, certify in writing to Hortonworks that Customer has fully complied with these requirements.

 
  1. General. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, which shall not be unreasonably withheld, and any such assignment in violation of this Section shall be void, except that (i) either party may assign this Agreement or rights granted hereunder to an Affiliate without the consent of the other party and (ii) the transfer of this Agreement or rights granted hereunder to a successor entity in the event of a merger, corporate reorganization, or acquisition shall not constitute an assignment for purposes of this Section. Affiliate means an entity that a party, directly or indirectly, controls, an entity that controls a party or an entity that is under common control with a party. For purposes of this provision, control means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all prior or contemporaneous discussions, proposals and agreements between the parties relating to the subject matter hereof. No amendment, modification or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. Purchase orders, if any, will be for the sole purpose of describing the Software to be provided under this Agreement and to this extent only are incorporated as a part of this Agreement and all other terms in purchase orders are rejected. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under this Agreement. Neither party will be liable to the other for any delay or failure to perform due to causes beyond its reasonable control. Unless otherwise specifically stated, the terms of this Agreement are intended to be and are solely for the benefit of Hortonworks and Customer and do not create any right in favor of any third party. This Agreement will be governed by the laws of the State of California, without reference to the principles of conflicts of law. The provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. The parties will attempt to resolve any dispute related to this Agreement informally, initially through their respective management, and then by non-binding mediation in Santa Clara County, California. Any litigation related to this Agreement shall be brought in the state or federal courts located in Santa Clara County, California, and only in those courts and each party irrevocably waives any objections to such venue. All notices must be in writing and will be effective three (3) days after the date sent to the address shown above for Hortonworks and given on the Hortonworks website for Customer.
 
  1. Definitions.   "Confidential Information" means any and all information or proprietary materials (in every form and media) not generally known in the relevant trade or industry and which has been or is hereafter disclosed or made available by Hortonworks to Customer in connection with the transactions contemplated under this Agreement, including (i) all trade secrets, (ii) existing or contemplated products, services, designs, technology, processes, technical data, engineering, techniques, methodologies and concepts and any related information, and (iii) information relating to business plans, sales or marketing methods and customer lists or requirements.   "Documentation" means the documentation made available by Hortonworks with the Software, which may be modified during the Term.   "Other Software" means various third party and open source software components licensed under the terms of applicable third party or open source license agreements included in the materials relating to such software. Other Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. "Software" means the software accompanying this Agreement.
 
Protegrity Avatar™ for Hortonworks – data-centric security for HDP 2.2 Protegrity Software Evaluation Agreement
Hortonworks Connector for Teradata v1.3.4 for HDP2.2 License Agreement for Teradata Connector
LICENSE AGREEMENT FOR TERADATA CONNECTOR FOR HADOOP SOFTWARE

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU AGREE TO THESE TERMS. 
IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU 
HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. 
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT AGREE TO THE TERMS OF 
THIS AGREEMENT OR USE THE SOFTWARE.

This License Agreement ("Agreement") is made by Hortonworks, Inc. ("Hortonworks") 
with its principal place of business at 3460 West Bayshore Rd.,  
Palo Alto, California 94303 and you ("Customer"). The effective date ("Effective Date") 
of this Agreement is the date Customer agrees to these terms or uses the Software 
(as defined below). Capitalized terms have the meaning set forth in the applicable 
Sections or in Section 7.

This Agreement applies to your use of the Software but it will be superseded by 
any signed agreement between you and Hortonworks concerning the Software.
 
1.  	License.

1.1 	License Grant. Subject to the terms and conditions of this Agreement, 
Hortonworks agrees to grant, and does hereby grant to Customer, during the Term of 
this Agreement, a personal, limited, non-exclusive, non-transferable right and license, 
to use the Software for Customer's internal business use without the right to grant 
or authorize sublicenses or to further distribute the Software. Customer may make 
up to two copies of the Software for backup and/or archival purposes; provided that 
Customer shall reproduce and include the existing copyright and other proprietary notices on and 
in any copies of the Software, including partial, physical or electronic copies of the Software.

1.2	License Restrictions.  Customer shall not itself, or through any parent, subsidiary, 
affiliate, agent or other third party, or permit any third party to:
1.2.1	assign, sell, lease, license, distribute, sublicense or otherwise transfer in whole or 
in part, any Software or the Documentation to a third party; or
1.2.2	reverse compile, reverse assemble, translate, reverse engineer or otherwise attempt to 
reduce the Software to human readable form or derive source code from the Software, in whole or in part, 
nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or 
identify the source code of the Software or encourage others to do so, except to the limited extent, 
if any, that applicable law permits such acts notwithstanding any contractual prohibitions, provided, 
however, before Customer exercises any rights that Customer believes to be entitled to 
based on mandatory law, Customer shall provide Hortonworks with thirty (30) days prior 
written notice and provide all reasonably requested information to allow Hortonworks to 
assess Customer's claim and, at Hortonworks' sole discretion, to provide alternatives that 
reduce any adverse impact on Hortonworks' intellectual property or other rights; or
1.2.3	allow access to or permit use of or otherwise make available the Software by any users other 
than Customer's agents, employees, independent contractors or consultants, who shall use the Software 
solely for CustomerŐs internal business purposes in a manner consistent with this Agreement and who agree 
in writing to abide by the terms of this Agreement, provided further that Customer shall be liable for 
any failure by such agents, employees, independent contractors or consultants to comply 
with the terms of this Agreement; or
1.2.4	create, develop, license, install, use, or deploy any third party software or 
services to circumvent, enable, modify or provide access, permissions or rights which 
violate the technical restrictions of the Software; or
1.2.5	use the Software for purposes other than moving data between a Teradata Enterprise Data Warehouse 
product and the Software; or
1.2.6	modify, supplement, or create derivative works based upon the Software; or
1.2.7	disclose the results of any benchmark test of the Software to any third party 
without Hortonworks' prior written approval, unless otherwise expressly permitted herein, 
provided, however, that the foregoing restriction shall apply to Customer only if 
Customer is a software or hardware vendor, or Customer is performing testing or benchmarking 
on the Software at the direction of, or on behalf of, a software or hardware vendor.
Customer shall promptly report any violation of this Section 1.2.

1.3	Other Software.  The Other Software is licensed to Customer under the terms of the 
applicable third party or open source license conditions and/or copyright notices.

1.4	Support.  Hortonworks does not provide any support or subscription services for 
the Software under this Agreement. You have no rights to any updates, upgrades or 
extensions or enhancements to the Software developed by Hortonworks unless you separately 
purchase Hortonworks support or subscription services. These support or subscription services 
are subject to Hortonworks' then-current support terms and conditions.

2.	Confidentiality. For a period of five (5) years from the date of disclosure of 
the applicable Confidential Information, Customer  will (i) hold the Confidential Information 
in trust and confidence and avoid the disclosure or release thereof to any other person 
or entity by using the same degree of care as it uses to avoid unauthorized use, disclosure, 
or dissemination of its own Confidential Information of a similar nature, but not less 
than reasonable care, and (ii) not use the Confidential Information for any purpose whatsoever 
except as expressly contemplated under this Agreement; provided that, to the extent the 
Confidential Information constitutes a trade secret under law, Customer agrees to protect 
such information for so long as it qualifies as a trade secret under applicable law. 
Customer will disclose the Confidential Information only to those of its employees and 
contractors having a need to know such Confidential Information and will take all reasonable 
precautions to ensure that such employees and contractors comply with the provisions of 
this Section. The obligations of Customer under this Section will not apply to information 
that Customer can demonstrate (i) was in its possession at the time of disclosure and without 
restriction as to confidentiality, (ii) at the time of disclosure is generally available 
to the public or after disclosure becomes generally available to the public through no breach 
of agreement or other wrongful act by Customer, (iii) has been received from a third party 
without restriction on disclosure and without breach of agreement by Customer, or (iv) is 
independently developed by Customer without regard to the Confidential Information. 
In addition, Customer may disclose Confidential Information as required to comply with 
binding orders of governmental entities that have jurisdiction over it; provided that 
Customer gives Hortonworks reasonable written notice to allow Hortonworks to seek a 
protective order or other appropriate remedy, discloses only such Confidential Information 
as is required by the governmental entity, and uses commercially reasonable efforts to 
obtain confidential treatment for any Confidential Information disclosed.

3.	Ownership. Hortonworks and its licensors shall retain all intellectual property and 
proprietary rights in the Software, Documentation, and related works, including but not 
limited to any derivative work of the foregoing. The Software is licensed only, and no title to, 
or ownership of, the Software is transferred to Customer hereunder.

4.	Disclaimer and Limitation of Liability.

4.1	Disclaimer. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO CUSTOMER "AS-IS" AND 
HORTONWORKS AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY 
DISCLAIM ALL  WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, NON-INFRINGEMENT, TITLE, PERFORMANCE, 
AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, 
OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE AND 
DOCUMENTATION  ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, 
MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR 
COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OR DIRECT LIFE SUPPORT SYSTEMS. CUSTOMER IS SOLELY RESPONSIBLE 
FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUMES ANY RISKS ASSOCIATED WITH ITS 
EXERCISE OF PERMISSIONS UNDER THIS AGREEMENT.

4.2	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 WILL: (A)  HORTONWORKS OR ITS SUPPLIERS BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, 
RELIANCE, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY CHARACTER AND HOWEVER CAUSED, 
ARISING AS A RESULT OF THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (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 HORTONWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, 
(B) HORTONWORKS' CUMULATIVE LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT OF 
ONE HUNDRED DOLLARS (US$100), OR (C) HORTONWORKS' SUPPLIERS HAVE ANY LIABILITY 
FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. IN PROVIDING THE SOFTWARE, HORTONWORKS IS ACTING ON 
ITS OWN BEHALF AND NOT ON BEHALF OF ANY OTHER PERSON OR ENTITY. THE PROVISIONS OF THIS SECTION 4 
ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN CUSTOMER, HORTONWORKS AND HORTONWORKS' SUPPLIERS. 
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED 
BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

5.	Term and Termination.

5.1	This Agreement shall commence on the Effective Date and continue until terminated 
as set forth in this Agreement ("Term"). Either party may terminate this Agreement: 
(a) with ten (10) days prior written notice to the other party; or 
(b) upon written notice to the other party in the event that the other party breaches 
this Agreement and does not cure such breach within thirty (30) days of written notice.  

5.2	Sections 2, 3, 4, 5, 6 and, 7 shall survive the expiration or termination of this Agreement. 

5.3	Audit.	During the Term and for one (1) year following termination or expiration 
(but no more than once in a calendar year), Hortonworks and its auditors may inspect Customer's 
records relating to its reproduction and use of the Software for the purposes of verifying 
Customer's compliance with this Agreement.  Customer shall cooperate fully with Hortonworks 
and its auditors in conducting audits and provide reasonable assistance.  If an underpayment 
is discovered, Customer shall promptly pay such amount and Customer shall reimburse Hortonworks 
for the cost of the audit. 

5.4	Effect of Termination. Upon termination of this Agreement (a) all Licensed rights to the 
Software granted to Customer under this Agreement will immediately cease to exist; and 
(b) Customer must promptly discontinue all use of the Software, and destroy all copies of the 
Software and Documentation, and, if requested by Hortonworks, certify in writing to Hortonworks 
that Customer has fully complied with these requirements.

6.	General.  Neither party may assign this Agreement or any of its rights or obligations 
hereunder without the prior written consent of the other party, which shall not be unreasonably 
withheld, and any such assignment in violation of this Section shall be void, except that 
(i) either party may assign this Agreement or rights granted hereunder to an Affiliate without 
the consent of the other party and (ii) the transfer of this Agreement or rights granted 
hereunder to a successor entity in the event of a merger, corporate reorganization, or 
acquisition shall not constitute an assignment for purposes of this Section. Affiliate means 
an entity that a party, directly or indirectly, controls, an entity that controls a party 
or an entity that is under common control with a party.  For purposes of this provision, 
control means ownership of at least fifty percent (50%) of the outstanding voting shares 
of the entity. This Agreement constitutes the entire agreement between the parties concerning 
the subject matter hereof. This Agreement supersedes all prior or contemporaneous discussions, 
proposals and agreements between the parties relating to the subject matter hereof. No amendment, 
modification or waiver of any provision of this Agreement will be effective unless in writing 
and signed by both parties. Purchase orders, if any, will be for the sole purpose of describing 
the Software to be provided under this Agreement and to this extent only are incorporated as a 
part of this Agreement and all other terms in purchase orders are rejected. If any provision of 
this Agreement is held to be invalid or unenforceable, the remaining portions will remain 
in full force and effect and such provision will be enforced to the maximum extent possible so 
as to effect the intent of the parties and will be reformed to the extent necessary to 
make such provision valid and enforceable. No waiver of rights by either party may be implied 
from any actions or failures to enforce rights under this Agreement. Neither party will be 
liable to the other for any delay or failure to perform due to causes beyond its reasonable 
control (excluding payment of monies due). Unless otherwise specifically stated, the terms of 
this Agreement are intended to be and are solely for the benefit of Hortonworks and Customer 
and do not create any right in favor of any third party. This Agreement will be governed by 
the laws of the State of New York, without reference to the principles of conflicts of law. 
The provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on 
Contracts for the International Sale of Goods will not apply to this Agreement. The parties will 
attempt to resolve any dispute related to this Agreement informally, initially through 
their respective management, and then by non-binding mediation in New York County, New York.  
Any litigation related to this Agreement shall be brought in the state or federal courts 
located in New York County, New York, and only in those courts and each party irrevocably 
waives any objections to such venue. All notices must be in writing and will be effective 
three (3) days after the date sent to the address shown above for Hortonworks and given 
on the Hortonworks website for Customer.

7.	Definitions. 

"Confidential Information" means any and all information or proprietary materials (in every 
form and media) not generally known in the relevant trade or industry and which has been or 
is hereafter disclosed or made available by Hortonworks to Customer in connection with the 
transactions contemplated under this Agreement, including (i) all trade secrets, 
(ii) existing or contemplated products, services, designs, technology, processes, technical 
data, engineering, techniques, methodologies and concepts and any related information, 
and (iii) information relating to business plans, sales or marketing methods and customer 
lists or requirements. 

"Documentation" means the documentation made available by Hortonworks with the Software, 
which may be modified during the Term. 

"Other Software" means various third party and open source software components licensed 
under the terms of applicable third party or open source license agreements included in 
the materials relating to such software.  Other Software is composed of individual software 
components, each of which has its own copyright and its own applicable license conditions.

"Software" means the Teradata Connector for Hadoop software accompanying this Agreement.
For HDP 2.2 patch information, refer to the HDP 2.2 Release Notes.

HDP 2.1

Platform Components Version License Terms
Apache Hadoop 2.4.0 Apache 2
Apache Hive 0.13.0 Apache 2
Apache HBase 0.96.1 Apache 2
Apache Pig 0.12.1 Apache 2
Apache Storm 0.9.1 Apache 2
Apache Solr 4.7.2 Apache 2
Apache Falcon 0.5 Apache 2
Apache Sqoop 1.4.5 Apache 2
Apache Flume 1.4.0 Apache 2
Apache Oozie 4.0.0 Apache 2
Apache Ambari 1.6.0 Apache 2
Apache Mahout 0.9.0 Apache 2
Apache ZooKeeper 3.4.5 Apache 2
Apache Knox 0.4 Apache 2
Add-On Components
Apache Spark : Technical Preview 1.1.0 Apache 2
Apache Kafka : Technical Preview for HDP 2.1 0.8.1.1 Apache 2
HDP Advanced Security (v3.5.005) Advanced Security License AgreementADVANCED SECURITY LICENSE AGREEMENT   PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU AGREE TO THESE TERMS. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT AGREE TO THE TERMS OF THIS AGREEMENT OR USE THE SOFTWARE. This Advanced Security License Agreement ("Agreement") is made by Hortonworks, Inc. ("Hortonworks") with its principal place of business at 5470 Great America Parkway, Santa Clara, California 95054 and you ("Customer"). The effective date ("Effective Date") of this Agreement is the date Customer agrees to these terms or uses the Software (as defined below). Capitalized terms have the meaning set forth in the applicable Sections or in Section 7.  
  1. License.

1.1    License Grant. Subject to the terms and conditions of this Agreement, Hortonworks agrees to grant, and does hereby grant to Customer, during the Term of this Agreement, a personal, limited, non-exclusive, non-transferable right and license, to use the Software for Customer's internal business use without the right to grant or authorize sublicenses or to further distribute the Software. Customer may make up to two copies of the Software for backup and/or archival purposes; provided that Customer shall reproduce and include the existing copyright and other proprietary notices on and in any copies of the Software, including partial, physical or electronic copies of the Software.

1.2    License Restrictions. Customer shall not itself, or through any parent, subsidiary, affiliate, agent or other third party, or permit any third party to:

1.2.1 assign, sell, lease, license, distribute, sublicense or otherwise transfer in whole or in part, any Software or the Documentation to a third party; or

1.2.2  reverse compile, reverse assemble, translate, reverse engineer or otherwise attempt to reduce the Software to human readable form or derive source code from the Software, in whole or in part, nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or identify the source code of the Software or encourage others to do so, except to the limited extent, if any, that applicable law permits such acts notwithstanding any contractual prohibitions, provided, however, before Customer exercises any rights that Customer believes to be entitled to based on mandatory law, Customer shall provide Hortonworks with thirty (30) days prior written notice and provide all reasonably requested information to allow Hortonworks to assess Customer's claim and, at Hortonworks' sole discretion, to provide alternatives that reduce any adverse impact on Hortonworks' intellectual property or other rights; or 1.2.3    allow access to or permit use of or otherwise make available the Software by any users other than Customer's agents, employees, independent contractors or consultants, who shall use the Software solely for Customer’s internal business purposes in a manner consistent with this Agreement and who agree in writing to abide by the terms of this Agreement, provided further that Customer shall be liable for any failure by such agents, employees, independent contractors or consultants to comply with the terms of this Agreement; or

1.2.4  create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software; or

1.2.5  modify, supplement, or create derivative works based upon the Software; or

1.2.6  disclose the results of any benchmark test of the Software to any third party without Hortonworks' prior written approval, unless otherwise expressly permitted herein, provided, however, that the foregoing restriction shall apply to Customer only if Customer is a software or hardware vendor, or Customer is performing testing or benchmarking on the Software at the direction of, or on behalf of, a software or hardware vendor. Customer shall promptly report any violation of this Section 1.2.

1.3    Other Software. The Other Software is licensed to Customer under the terms of the applicable third party or open source license conditions and/or copyright notices.

1.4    Support. Hortonworks does not provide any support or subscription services for the Software under this Agreement. You have no rights to any updates, upgrades or extensions or enhancements to the Software developed by Hortonworks unless you separately purchase Hortonworks support or subscription services. These support or subscription services are subject to Hortonworks' then-current support terms and conditions.

 
  1. Confidentiality. For a period of five (5) years from the date of disclosure of the applicable Confidential Information, Customer will (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as it uses to avoid unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than reasonable care, and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement; provided that, to the extent the Confidential Information constitutes a trade secret under law, Customer agrees to protect such information for so long as it qualifies as a trade secret under applicable law. Customer will disclose the Confidential Information only to those of its employees and contractors having a need to know such Confidential Information and will take all reasonable precautions to ensure that such employees and contractors comply with the provisions of this Section. The obligations of Customer under this Section will not apply to information that Customer can demonstrate (i) was in its possession at the time of disclosure and without restriction as to confidentiality, (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by Customer, (iii) has been received from a third party without restriction on disclosure and without breach of agreement by Customer, or (iv) is independently developed by Customer without regard to the Confidential Information. In addition, Customer may disclose Confidential Information as required to comply with binding orders of governmental entities that have jurisdiction over it; provided that Customer gives Hortonworks reasonable written notice to allow Hortonworks to seek a protective order or other appropriate remedy, discloses only such Confidential Information as is required by the governmental entity, and uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information disclosed.
 
  1. Ownership. Hortonworks and its licensors shall retain all intellectual property and proprietary rights in the Software, Documentation, and related works, including but not limited to any derivative work of the foregoing. The Software is licensed only, and no title to, or ownership of, the Software is transferred to Customer hereunder.
 
  1. Disclaimer and Limitation of Liability.

4.1    Disclaimer. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO CUSTOMER "AS-IS" AND HORTONWORKS AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, NON-INFRINGEMENT, TITLE, PERFORMANCE, AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE AND DOCUMENTATION ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OR DIRECT LIFE SUPPORT SYSTEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUMES ANY RISKS ASSOCIATED WITH ITS EXERCISE OF PERMISSIONS UNDER THIS AGREEMENT.

4.2    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 WILL: (A) HORTONWORKS OR ITS SUPPLIERS BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, RELIANCE, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY CHARACTER AND HOWEVER CAUSED, ARISING AS A RESULT OF THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (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 HORTONWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) HORTONWORKS' CUMULATIVE LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS (US$100), OR (C) HORTONWORKS' SUPPLIERS HAVE ANY LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. IN PROVIDING THE SOFTWARE, HORTONWORKS IS ACTING ON ITS OWN BEHALF AND NOT ON BEHALF OF ANY OTHER PERSON OR ENTITY. THE PROVISIONS OF THIS SECTION 4 ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN CUSTOMER, HORTONWORKS AND HORTONWORKS' SUPPLIERS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

  1. Term and Termination.

5.1    This Agreement shall commence on the Effective Date and continue until terminated as set forth in this Agreement ("Term"). Either party may terminate this Agreement: (a) with ten (10) days prior written notice to the other party; or (b) upon written notice to the other party in the event that the other party breaches this Agreement and does not cure such breach within thirty (30) days of written notice.

5.2    Sections 2, 3, 4, 5, 6 and, 7 shall survive the expiration or termination of this Agreement.

5.3    Effect of Termination. Upon termination of this Agreement (a) all Licensed rights to the Software granted to Customer under this Agreement will immediately cease to exist; and (b) Customer must promptly discontinue all use of the Software, and destroy all copies of the Software and Documentation, and, if requested by Hortonworks, certify in writing to Hortonworks that Customer has fully complied with these requirements.

 
  1. General. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, which shall not be unreasonably withheld, and any such assignment in violation of this Section shall be void, except that (i) either party may assign this Agreement or rights granted hereunder to an Affiliate without the consent of the other party and (ii) the transfer of this Agreement or rights granted hereunder to a successor entity in the event of a merger, corporate reorganization, or acquisition shall not constitute an assignment for purposes of this Section. Affiliate means an entity that a party, directly or indirectly, controls, an entity that controls a party or an entity that is under common control with a party. For purposes of this provision, control means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all prior or contemporaneous discussions, proposals and agreements between the parties relating to the subject matter hereof. No amendment, modification or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. Purchase orders, if any, will be for the sole purpose of describing the Software to be provided under this Agreement and to this extent only are incorporated as a part of this Agreement and all other terms in purchase orders are rejected. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under this Agreement. Neither party will be liable to the other for any delay or failure to perform due to causes beyond its reasonable control. Unless otherwise specifically stated, the terms of this Agreement are intended to be and are solely for the benefit of Hortonworks and Customer and do not create any right in favor of any third party. This Agreement will be governed by the laws of the State of California, without reference to the principles of conflicts of law. The provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. The parties will attempt to resolve any dispute related to this Agreement informally, initially through their respective management, and then by non-binding mediation in Santa Clara County, California. Any litigation related to this Agreement shall be brought in the state or federal courts located in Santa Clara County, California, and only in those courts and each party irrevocably waives any objections to such venue. All notices must be in writing and will be effective three (3) days after the date sent to the address shown above for Hortonworks and given on the Hortonworks website for Customer.
 
  1. Definitions.   "Confidential Information" means any and all information or proprietary materials (in every form and media) not generally known in the relevant trade or industry and which has been or is hereafter disclosed or made available by Hortonworks to Customer in connection with the transactions contemplated under this Agreement, including (i) all trade secrets, (ii) existing or contemplated products, services, designs, technology, processes, technical data, engineering, techniques, methodologies and concepts and any related information, and (iii) information relating to business plans, sales or marketing methods and customer lists or requirements.   "Documentation" means the documentation made available by Hortonworks with the Software, which may be modified during the Term.   "Other Software" means various third party and open source software components licensed under the terms of applicable third party or open source license agreements included in the materials relating to such software. Other Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. "Software" means the software accompanying this Agreement.
 
Hive ODBC Driver for HDP 2.1 (v1.4.8) Hive ODBC Driver License AgreementHIVE ODBC DRIVER LICENSE AGREEMENT   PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU AGREE TO THESE TERMS. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT AGREE TO THE TERMS OF THIS AGREEMENT OR USE THE SOFTWARE. This Hive ODBC Driver License Agreement ("Agreement") is made by Hortonworks, Inc. ("Hortonworks") with its principal place of business at 5470 Great America Parkway, Santa Clara, California 95054 and you ("Customer"). The effective date ("Effective Date") of this Agreement is the date Customer agrees to these terms or uses the Software (as defined below). Capitalized terms have the meaning set forth in the applicable Sections or in Section 7.

  1. License.

1.1    License Grant. Subject to the terms and conditions of this Agreement, Hortonworks agrees to grant, and does hereby grant to Customer, during the Term of this Agreement, a personal, limited, non-exclusive, non-transferable right and license, to use the Software for Customer's internal business use without the right to grant or authorize sublicenses or to further distribute the Software. Customer may make up to two copies of the Software for backup and/or archival purposes; provided that Customer shall reproduce and include the existing copyright and other proprietary notices on and in any copies of the Software, including partial, physical or electronic copies of the Software.

1.2    License Restrictions. Customer shall not itself, or through any parent, subsidiary, affiliate, agent or other third party, or permit any third party to:

1.2.1 assign, sell, lease, license, distribute, sublicense or otherwise transfer in whole or in part, any Software or the Documentation to a third party; or

1.2.2  reverse compile, reverse assemble, translate, reverse engineer or otherwise attempt to reduce the Software to human readable form or derive source code from the Software, in whole or in part, nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or identify the source code of the Software or encourage others to do so, except to the limited extent, if any, that applicable law permits such acts notwithstanding any contractual prohibitions, provided, however, before Customer exercises any rights that Customer believes to be entitled to based on mandatory law, Customer shall provide Hortonworks with thirty (30) days prior written notice and provide all reasonably requested information to allow Hortonworks to assess Customer's claim and, at Hortonworks' sole discretion, to provide alternatives that reduce any adverse impact on Hortonworks' intellectual property or other rights; or 1.2.3    allow access to or permit use of or otherwise make available the Software by any users other than Customer's agents, employees, independent contractors or consultants, who shall use the Software solely for Customer’s internal business purposes in a manner consistent with this Agreement and who agree in writing to abide by the terms of this Agreement, provided further that Customer shall be liable for any failure by such agents, employees, independent contractors or consultants to comply with the terms of this Agreement; or

1.2.4  create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software; or

1.2.5  modify, supplement, or create derivative works based upon the Software; or

1.2.6  disclose the results of any benchmark test of the Software to any third party without Hortonworks' prior written approval, unless otherwise expressly permitted herein, provided, however, that the foregoing restriction shall apply to Customer only if Customer is a software or hardware vendor, or Customer is performing testing or benchmarking on the Software at the direction of, or on behalf of, a software or hardware vendor. Customer shall promptly report any violation of this Section 1.2.

1.3    Other Software. The Other Software is licensed to Customer under the terms of the applicable third party or open source license conditions and/or copyright notices.

1.4    Support. Hortonworks does not provide any support or subscription services for the Software under this Agreement. You have no rights to any updates, upgrades or extensions or enhancements to the Software developed by Hortonworks unless you separately purchase Hortonworks support or subscription services. These support or subscription services are subject to Hortonworks' then-current support terms and conditions.

 
  1. Confidentiality. For a period of five (5) years from the date of disclosure of the applicable Confidential Information, Customer will (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as it uses to avoid unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than reasonable care, and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement; provided that, to the extent the Confidential Information constitutes a trade secret under law, Customer agrees to protect such information for so long as it qualifies as a trade secret under applicable law. Customer will disclose the Confidential Information only to those of its employees and contractors having a need to know such Confidential Information and will take all reasonable precautions to ensure that such employees and contractors comply with the provisions of this Section. The obligations of Customer under this Section will not apply to information that Customer can demonstrate (i) was in its possession at the time of disclosure and without restriction as to confidentiality, (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by Customer, (iii) has been received from a third party without restriction on disclosure and without breach of agreement by Customer, or (iv) is independently developed by Customer without regard to the Confidential Information. In addition, Customer may disclose Confidential Information as required to comply with binding orders of governmental entities that have jurisdiction over it; provided that Customer gives Hortonworks reasonable written notice to allow Hortonworks to seek a protective order or other appropriate remedy, discloses only such Confidential Information as is required by the governmental entity, and uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information disclosed.
 
  1. Ownership. Hortonworks and its licensors shall retain all intellectual property and proprietary rights in the Software, Documentation, and related works, including but not limited to any derivative work of the foregoing. The Software is licensed only, and no title to, or ownership of, the Software is transferred to Customer hereunder.
 
  1. Disclaimer and Limitation of Liability.

4.1    Disclaimer. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO CUSTOMER "AS-IS" AND HORTONWORKS AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, NON-INFRINGEMENT, TITLE, PERFORMANCE, AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE AND DOCUMENTATION ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OR DIRECT LIFE SUPPORT SYSTEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUMES ANY RISKS ASSOCIATED WITH ITS EXERCISE OF PERMISSIONS UNDER THIS AGREEMENT.

4.2    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 WILL: (A) HORTONWORKS OR ITS SUPPLIERS BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, RELIANCE, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY CHARACTER AND HOWEVER CAUSED, ARISING AS A RESULT OF THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (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 HORTONWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) HORTONWORKS' CUMULATIVE LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS (US$100), OR (C) HORTONWORKS' SUPPLIERS HAVE ANY LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. IN PROVIDING THE SOFTWARE, HORTONWORKS IS ACTING ON ITS OWN BEHALF AND NOT ON BEHALF OF ANY OTHER PERSON OR ENTITY. THE PROVISIONS OF THIS SECTION 4 ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN CUSTOMER, HORTONWORKS AND HORTONWORKS' SUPPLIERS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

  1. Term and Termination.

5.1    This Agreement shall commence on the Effective Date and continue until terminated as set forth in this Agreement ("Term"). Either party may terminate this Agreement: (a) with ten (10) days prior written notice to the other party; or (b) upon written notice to the other party in the event that the other party breaches this Agreement and does not cure such breach within thirty (30) days of written notice.

5.2    Sections 2, 3, 4, 5, 6 and, 7 shall survive the expiration or termination of this Agreement.

5.3    Effect of Termination. Upon termination of this Agreement (a) all Licensed rights to the Software granted to Customer under this Agreement will immediately cease to exist; and (b) Customer must promptly discontinue all use of the Software, and destroy all copies of the Software and Documentation, and, if requested by Hortonworks, certify in writing to Hortonworks that Customer has fully complied with these requirements.

 
  1. General. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, which shall not be unreasonably withheld, and any such assignment in violation of this Section shall be void, except that (i) either party may assign this Agreement or rights granted hereunder to an Affiliate without the consent of the other party and (ii) the transfer of this Agreement or rights granted hereunder to a successor entity in the event of a merger, corporate reorganization, or acquisition shall not constitute an assignment for purposes of this Section. Affiliate means an entity that a party, directly or indirectly, controls, an entity that controls a party or an entity that is under common control with a party. For purposes of this provision, control means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all prior or contemporaneous discussions, proposals and agreements between the parties relating to the subject matter hereof. No amendment, modification or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. Purchase orders, if any, will be for the sole purpose of describing the Software to be provided under this Agreement and to this extent only are incorporated as a part of this Agreement and all other terms in purchase orders are rejected. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under this Agreement. Neither party will be liable to the other for any delay or failure to perform due to causes beyond its reasonable control. Unless otherwise specifically stated, the terms of this Agreement are intended to be and are solely for the benefit of Hortonworks and Customer and do not create any right in favor of any third party. This Agreement will be governed by the laws of the State of California, without reference to the principles of conflicts of law. The provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. The parties will attempt to resolve any dispute related to this Agreement informally, initially through their respective management, and then by non-binding mediation in Santa Clara County, California. Any litigation related to this Agreement shall be brought in the state or federal courts located in Santa Clara County, California, and only in those courts and each party irrevocably waives any objections to such venue. All notices must be in writing and will be effective three (3) days after the date sent to the address shown above for Hortonworks and given on the Hortonworks website for Customer.
 
  1. Definitions.   "Confidential Information" means any and all information or proprietary materials (in every form and media) not generally known in the relevant trade or industry and which has been or is hereafter disclosed or made available by Hortonworks to Customer in connection with the transactions contemplated under this Agreement, including (i) all trade secrets, (ii) existing or contemplated products, services, designs, technology, processes, technical data, engineering, techniques, methodologies and concepts and any related information, and (iii) information relating to business plans, sales or marketing methods and customer lists or requirements.   "Documentation" means the documentation made available by Hortonworks with the Software, which may be modified during the Term.   "Other Software" means various third party and open source software components licensed under the terms of applicable third party or open source license agreements included in the materials relating to such software. Other Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. "Software" means the software accompanying this Agreement.

Ambari SCOM Management Pack 2.0 2.0 Ambari SCOM Management License AgreementAMBARI SCOM MANAGEMENT LICENSE AGREEMENT   PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU AGREE TO THESE TERMS. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT AGREE TO THE TERMS OF THIS AGREEMENT OR USE THE SOFTWARE. This Ambari SCOM Management License Agreement ("Agreement") is made by Hortonworks, Inc. ("Hortonworks") with its principal place of business at 5470 Great America Parkway, Santa Clara, California 95054 and you ("Customer"). The effective date ("Effective Date") of this Agreement is the date Customer agrees to these terms or uses the Software (as defined below). Capitalized terms have the meaning set forth in the applicable Sections or in Section 7.  
  1. License.

1.1    License Grant. Subject to the terms and conditions of this Agreement, Hortonworks agrees to grant, and does hereby grant to Customer, during the Term of this Agreement, a personal, limited, non-exclusive, non-transferable right and license, to use the Software for Customer's internal business use without the right to grant or authorize sublicenses or to further distribute the Software. Customer may make up to two copies of the Software for backup and/or archival purposes; provided that Customer shall reproduce and include the existing copyright and other proprietary notices on and in any copies of the Software, including partial, physical or electronic copies of the Software.

1.2    License Restrictions. Customer shall not itself, or through any parent, subsidiary, affiliate, agent or other third party, or permit any third party to:

1.2.1 assign, sell, lease, license, distribute, sublicense or otherwise transfer in whole or in part, any Software or the Documentation to a third party; or

1.2.2  reverse compile, reverse assemble, translate, reverse engineer or otherwise attempt to reduce the Software to human readable form or derive source code from the Software, in whole or in part, nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or identify the source code of the Software or encourage others to do so, except to the limited extent, if any, that applicable law permits such acts notwithstanding any contractual prohibitions, provided, however, before Customer exercises any rights that Customer believes to be entitled to based on mandatory law, Customer shall provide Hortonworks with thirty (30) days prior written notice and provide all reasonably requested information to allow Hortonworks to assess Customer's claim and, at Hortonworks' sole discretion, to provide alternatives that reduce any adverse impact on Hortonworks' intellectual property or other rights; or 1.2.3    allow access to or permit use of or otherwise make available the Software by any users other than Customer's agents, employees, independent contractors or consultants, who shall use the Software solely for Customer’s internal business purposes in a manner consistent with this Agreement and who agree in writing to abide by the terms of this Agreement, provided further that Customer shall be liable for any failure by such agents, employees, independent contractors or consultants to comply with the terms of this Agreement; or

1.2.4  create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software; or

1.2.5  modify, supplement, or create derivative works based upon the Software; or

1.2.6  disclose the results of any benchmark test of the Software to any third party without Hortonworks' prior written approval, unless otherwise expressly permitted herein, provided, however, that the foregoing restriction shall apply to Customer only if Customer is a software or hardware vendor, or Customer is performing testing or benchmarking on the Software at the direction of, or on behalf of, a software or hardware vendor. Customer shall promptly report any violation of this Section 1.2.

1.3    Other Software. The Other Software is licensed to Customer under the terms of the applicable third party or open source license conditions and/or copyright notices.

1.4    Support. Hortonworks does not provide any support or subscription services for the Software under this Agreement. You have no rights to any updates, upgrades or extensions or enhancements to the Software developed by Hortonworks unless you separately purchase Hortonworks support or subscription services. These support or subscription services are subject to Hortonworks' then-current support terms and conditions.

 
  1. Confidentiality. For a period of five (5) years from the date of disclosure of the applicable Confidential Information, Customer will (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as it uses to avoid unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than reasonable care, and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement; provided that, to the extent the Confidential Information constitutes a trade secret under law, Customer agrees to protect such information for so long as it qualifies as a trade secret under applicable law. Customer will disclose the Confidential Information only to those of its employees and contractors having a need to know such Confidential Information and will take all reasonable precautions to ensure that such employees and contractors comply with the provisions of this Section. The obligations of Customer under this Section will not apply to information that Customer can demonstrate (i) was in its possession at the time of disclosure and without restriction as to confidentiality, (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by Customer, (iii) has been received from a third party without restriction on disclosure and without breach of agreement by Customer, or (iv) is independently developed by Customer without regard to the Confidential Information. In addition, Customer may disclose Confidential Information as required to comply with binding orders of governmental entities that have jurisdiction over it; provided that Customer gives Hortonworks reasonable written notice to allow Hortonworks to seek a protective order or other appropriate remedy, discloses only such Confidential Information as is required by the governmental entity, and uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information disclosed.
 
  1. Ownership. Hortonworks and its licensors shall retain all intellectual property and proprietary rights in the Software, Documentation, and related works, including but not limited to any derivative work of the foregoing. The Software is licensed only, and no title to, or ownership of, the Software is transferred to Customer hereunder.
 
  1. Disclaimer and Limitation of Liability.

4.1    Disclaimer. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO CUSTOMER "AS-IS" AND HORTONWORKS AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, NON-INFRINGEMENT, TITLE, PERFORMANCE, AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE AND DOCUMENTATION ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OR DIRECT LIFE SUPPORT SYSTEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUMES ANY RISKS ASSOCIATED WITH ITS EXERCISE OF PERMISSIONS UNDER THIS AGREEMENT.

4.2    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 WILL: (A) HORTONWORKS OR ITS SUPPLIERS BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, RELIANCE, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY CHARACTER AND HOWEVER CAUSED, ARISING AS A RESULT OF THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (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 HORTONWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) HORTONWORKS' CUMULATIVE LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS (US$100), OR (C) HORTONWORKS' SUPPLIERS HAVE ANY LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. IN PROVIDING THE SOFTWARE, HORTONWORKS IS ACTING ON ITS OWN BEHALF AND NOT ON BEHALF OF ANY OTHER PERSON OR ENTITY. THE PROVISIONS OF THIS SECTION 4 ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN CUSTOMER, HORTONWORKS AND HORTONWORKS' SUPPLIERS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

  1. Term and Termination.

5.1    This Agreement shall commence on the Effective Date and continue until terminated as set forth in this Agreement ("Term"). Either party may terminate this Agreement: (a) with ten (10) days prior written notice to the other party; or (b) upon written notice to the other party in the event that the other party breaches this Agreement and does not cure such breach within thirty (30) days of written notice.

5.2    Sections 2, 3, 4, 5, 6 and, 7 shall survive the expiration or termination of this Agreement.

5.3    Effect of Termination. Upon termination of this Agreement (a) all Licensed rights to the Software granted to Customer under this Agreement will immediately cease to exist; and (b) Customer must promptly discontinue all use of the Software, and destroy all copies of the Software and Documentation, and, if requested by Hortonworks, certify in writing to Hortonworks that Customer has fully complied with these requirements.

 
  1. General. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, which shall not be unreasonably withheld, and any such assignment in violation of this Section shall be void, except that (i) either party may assign this Agreement or rights granted hereunder to an Affiliate without the consent of the other party and (ii) the transfer of this Agreement or rights granted hereunder to a successor entity in the event of a merger, corporate reorganization, or acquisition shall not constitute an assignment for purposes of this Section. Affiliate means an entity that a party, directly or indirectly, controls, an entity that controls a party or an entity that is under common control with a party. For purposes of this provision, control means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all prior or contemporaneous discussions, proposals and agreements between the parties relating to the subject matter hereof. No amendment, modification or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. Purchase orders, if any, will be for the sole purpose of describing the Software to be provided under this Agreement and to this extent only are incorporated as a part of this Agreement and all other terms in purchase orders are rejected. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under this Agreement. Neither party will be liable to the other for any delay or failure to perform due to causes beyond its reasonable control. Unless otherwise specifically stated, the terms of this Agreement are intended to be and are solely for the benefit of Hortonworks and Customer and do not create any right in favor of any third party. This Agreement will be governed by the laws of the State of California, without reference to the principles of conflicts of law. The provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. The parties will attempt to resolve any dispute related to this Agreement informally, initially through their respective management, and then by non-binding mediation in Santa Clara County, California. Any litigation related to this Agreement shall be brought in the state or federal courts located in Santa Clara County, California, and only in those courts and each party irrevocably waives any objections to such venue. All notices must be in writing and will be effective three (3) days after the date sent to the address shown above for Hortonworks and given on the Hortonworks website for Customer.
 
  1. Definitions.   "Confidential Information" means any and all information or proprietary materials (in every form and media) not generally known in the relevant trade or industry and which has been or is hereafter disclosed or made available by Hortonworks to Customer in connection with the transactions contemplated under this Agreement, including (i) all trade secrets, (ii) existing or contemplated products, services, designs, technology, processes, technical data, engineering, techniques, methodologies and concepts and any related information, and (iii) information relating to business plans, sales or marketing methods and customer lists or requirements.   "Documentation" means the documentation made available by Hortonworks with the Software, which may be modified during the Term.   "Other Software" means various third party and open source software components licensed under the terms of applicable third party or open source license agreements included in the materials relating to such software. Other Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. "Software" means the software accompanying this Agreement.
 
Hortonworks Connector for Teradata v1.3 for HDP2.1 License Agreement for Teradata Connector
LICENSE AGREEMENT FOR TERADATA CONNECTOR FOR HADOOP SOFTWARE

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU AGREE TO THESE TERMS. 
IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU 
HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. 
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT AGREE TO THE TERMS OF 
THIS AGREEMENT OR USE THE SOFTWARE.

This License Agreement ("Agreement") is made by Hortonworks, Inc. ("Hortonworks") 
with its principal place of business at 3460 West Bayshore Rd.,  
Palo Alto, California 94303 and you ("Customer"). The effective date ("Effective Date") 
of this Agreement is the date Customer agrees to these terms or uses the Software 
(as defined below). Capitalized terms have the meaning set forth in the applicable 
Sections or in Section 7.

This Agreement applies to your use of the Software but it will be superseded by 
any signed agreement between you and Hortonworks concerning the Software.
 
1.  	License.

1.1 	License Grant. Subject to the terms and conditions of this Agreement, 
Hortonworks agrees to grant, and does hereby grant to Customer, during the Term of 
this Agreement, a personal, limited, non-exclusive, non-transferable right and license, 
to use the Software for Customer's internal business use without the right to grant 
or authorize sublicenses or to further distribute the Software. Customer may make 
up to two copies of the Software for backup and/or archival purposes; provided that 
Customer shall reproduce and include the existing copyright and other proprietary notices on and 
in any copies of the Software, including partial, physical or electronic copies of the Software.

1.2	License Restrictions.  Customer shall not itself, or through any parent, subsidiary, 
affiliate, agent or other third party, or permit any third party to:
1.2.1	assign, sell, lease, license, distribute, sublicense or otherwise transfer in whole or 
in part, any Software or the Documentation to a third party; or
1.2.2	reverse compile, reverse assemble, translate, reverse engineer or otherwise attempt to 
reduce the Software to human readable form or derive source code from the Software, in whole or in part, 
nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or 
identify the source code of the Software or encourage others to do so, except to the limited extent, 
if any, that applicable law permits such acts notwithstanding any contractual prohibitions, provided, 
however, before Customer exercises any rights that Customer believes to be entitled to 
based on mandatory law, Customer shall provide Hortonworks with thirty (30) days prior 
written notice and provide all reasonably requested information to allow Hortonworks to 
assess Customer's claim and, at Hortonworks' sole discretion, to provide alternatives that 
reduce any adverse impact on Hortonworks' intellectual property or other rights; or
1.2.3	allow access to or permit use of or otherwise make available the Software by any users other 
than Customer's agents, employees, independent contractors or consultants, who shall use the Software 
solely for CustomerŐs internal business purposes in a manner consistent with this Agreement and who agree 
in writing to abide by the terms of this Agreement, provided further that Customer shall be liable for 
any failure by such agents, employees, independent contractors or consultants to comply 
with the terms of this Agreement; or
1.2.4	create, develop, license, install, use, or deploy any third party software or 
services to circumvent, enable, modify or provide access, permissions or rights which 
violate the technical restrictions of the Software; or
1.2.5	use the Software for purposes other than moving data between a Teradata Enterprise Data Warehouse 
product and the Software; or
1.2.6	modify, supplement, or create derivative works based upon the Software; or
1.2.7	disclose the results of any benchmark test of the Software to any third party 
without Hortonworks' prior written approval, unless otherwise expressly permitted herein, 
provided, however, that the foregoing restriction shall apply to Customer only if 
Customer is a software or hardware vendor, or Customer is performing testing or benchmarking 
on the Software at the direction of, or on behalf of, a software or hardware vendor.
Customer shall promptly report any violation of this Section 1.2.

1.3	Other Software.  The Other Software is licensed to Customer under the terms of the 
applicable third party or open source license conditions and/or copyright notices.

1.4	Support.  Hortonworks does not provide any support or subscription services for 
the Software under this Agreement. You have no rights to any updates, upgrades or 
extensions or enhancements to the Software developed by Hortonworks unless you separately 
purchase Hortonworks support or subscription services. These support or subscription services 
are subject to Hortonworks' then-current support terms and conditions.

2.	Confidentiality. For a period of five (5) years from the date of disclosure of 
the applicable Confidential Information, Customer  will (i) hold the Confidential Information 
in trust and confidence and avoid the disclosure or release thereof to any other person 
or entity by using the same degree of care as it uses to avoid unauthorized use, disclosure, 
or dissemination of its own Confidential Information of a similar nature, but not less 
than reasonable care, and (ii) not use the Confidential Information for any purpose whatsoever 
except as expressly contemplated under this Agreement; provided that, to the extent the 
Confidential Information constitutes a trade secret under law, Customer agrees to protect 
such information for so long as it qualifies as a trade secret under applicable law. 
Customer will disclose the Confidential Information only to those of its employees and 
contractors having a need to know such Confidential Information and will take all reasonable 
precautions to ensure that such employees and contractors comply with the provisions of 
this Section. The obligations of Customer under this Section will not apply to information 
that Customer can demonstrate (i) was in its possession at the time of disclosure and without 
restriction as to confidentiality, (ii) at the time of disclosure is generally available 
to the public or after disclosure becomes generally available to the public through no breach 
of agreement or other wrongful act by Customer, (iii) has been received from a third party 
without restriction on disclosure and without breach of agreement by Customer, or (iv) is 
independently developed by Customer without regard to the Confidential Information. 
In addition, Customer may disclose Confidential Information as required to comply with 
binding orders of governmental entities that have jurisdiction over it; provided that 
Customer gives Hortonworks reasonable written notice to allow Hortonworks to seek a 
protective order or other appropriate remedy, discloses only such Confidential Information 
as is required by the governmental entity, and uses commercially reasonable efforts to 
obtain confidential treatment for any Confidential Information disclosed.

3.	Ownership. Hortonworks and its licensors shall retain all intellectual property and 
proprietary rights in the Software, Documentation, and related works, including but not 
limited to any derivative work of the foregoing. The Software is licensed only, and no title to, 
or ownership of, the Software is transferred to Customer hereunder.

4.	Disclaimer and Limitation of Liability.

4.1	Disclaimer. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO CUSTOMER "AS-IS" AND 
HORTONWORKS AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY 
DISCLAIM ALL  WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, NON-INFRINGEMENT, TITLE, PERFORMANCE, 
AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, 
OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE AND 
DOCUMENTATION  ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, 
MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR 
COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OR DIRECT LIFE SUPPORT SYSTEMS. CUSTOMER IS SOLELY RESPONSIBLE 
FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUMES ANY RISKS ASSOCIATED WITH ITS 
EXERCISE OF PERMISSIONS UNDER THIS AGREEMENT.

4.2	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 WILL: (A)  HORTONWORKS OR ITS SUPPLIERS BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, 
RELIANCE, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY CHARACTER AND HOWEVER CAUSED, 
ARISING AS A RESULT OF THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (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 HORTONWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, 
(B) HORTONWORKS' CUMULATIVE LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT OF 
ONE HUNDRED DOLLARS (US$100), OR (C) HORTONWORKS' SUPPLIERS HAVE ANY LIABILITY 
FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. IN PROVIDING THE SOFTWARE, HORTONWORKS IS ACTING ON 
ITS OWN BEHALF AND NOT ON BEHALF OF ANY OTHER PERSON OR ENTITY. THE PROVISIONS OF THIS SECTION 4 
ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN CUSTOMER, HORTONWORKS AND HORTONWORKS' SUPPLIERS. 
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED 
BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

5.	Term and Termination.

5.1	This Agreement shall commence on the Effective Date and continue until terminated 
as set forth in this Agreement ("Term"). Either party may terminate this Agreement: 
(a) with ten (10) days prior written notice to the other party; or 
(b) upon written notice to the other party in the event that the other party breaches 
this Agreement and does not cure such breach within thirty (30) days of written notice.  

5.2	Sections 2, 3, 4, 5, 6 and, 7 shall survive the expiration or termination of this Agreement. 

5.3	Audit.	During the Term and for one (1) year following termination or expiration 
(but no more than once in a calendar year), Hortonworks and its auditors may inspect Customer's 
records relating to its reproduction and use of the Software for the purposes of verifying 
Customer's compliance with this Agreement.  Customer shall cooperate fully with Hortonworks 
and its auditors in conducting audits and provide reasonable assistance.  If an underpayment 
is discovered, Customer shall promptly pay such amount and Customer shall reimburse Hortonworks 
for the cost of the audit. 

5.4	Effect of Termination. Upon termination of this Agreement (a) all Licensed rights to the 
Software granted to Customer under this Agreement will immediately cease to exist; and 
(b) Customer must promptly discontinue all use of the Software, and destroy all copies of the 
Software and Documentation, and, if requested by Hortonworks, certify in writing to Hortonworks 
that Customer has fully complied with these requirements.

6.	General.  Neither party may assign this Agreement or any of its rights or obligations 
hereunder without the prior written consent of the other party, which shall not be unreasonably 
withheld, and any such assignment in violation of this Section shall be void, except that 
(i) either party may assign this Agreement or rights granted hereunder to an Affiliate without 
the consent of the other party and (ii) the transfer of this Agreement or rights granted 
hereunder to a successor entity in the event of a merger, corporate reorganization, or 
acquisition shall not constitute an assignment for purposes of this Section. Affiliate means 
an entity that a party, directly or indirectly, controls, an entity that controls a party 
or an entity that is under common control with a party.  For purposes of this provision, 
control means ownership of at least fifty percent (50%) of the outstanding voting shares 
of the entity. This Agreement constitutes the entire agreement between the parties concerning 
the subject matter hereof. This Agreement supersedes all prior or contemporaneous discussions, 
proposals and agreements between the parties relating to the subject matter hereof. No amendment, 
modification or waiver of any provision of this Agreement will be effective unless in writing 
and signed by both parties. Purchase orders, if any, will be for the sole purpose of describing 
the Software to be provided under this Agreement and to this extent only are incorporated as a 
part of this Agreement and all other terms in purchase orders are rejected. If any provision of 
this Agreement is held to be invalid or unenforceable, the remaining portions will remain 
in full force and effect and such provision will be enforced to the maximum extent possible so 
as to effect the intent of the parties and will be reformed to the extent necessary to 
make such provision valid and enforceable. No waiver of rights by either party may be implied 
from any actions or failures to enforce rights under this Agreement. Neither party will be 
liable to the other for any delay or failure to perform due to causes beyond its reasonable 
control (excluding payment of monies due). Unless otherwise specifically stated, the terms of 
this Agreement are intended to be and are solely for the benefit of Hortonworks and Customer 
and do not create any right in favor of any third party. This Agreement will be governed by 
the laws of the State of New York, without reference to the principles of conflicts of law. 
The provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on 
Contracts for the International Sale of Goods will not apply to this Agreement. The parties will 
attempt to resolve any dispute related to this Agreement informally, initially through 
their respective management, and then by non-binding mediation in New York County, New York.  
Any litigation related to this Agreement shall be brought in the state or federal courts 
located in New York County, New York, and only in those courts and each party irrevocably 
waives any objections to such venue. All notices must be in writing and will be effective 
three (3) days after the date sent to the address shown above for Hortonworks and given 
on the Hortonworks website for Customer.

7.	Definitions. 

"Confidential Information" means any and all information or proprietary materials (in every 
form and media) not generally known in the relevant trade or industry and which has been or 
is hereafter disclosed or made available by Hortonworks to Customer in connection with the 
transactions contemplated under this Agreement, including (i) all trade secrets, 
(ii) existing or contemplated products, services, designs, technology, processes, technical 
data, engineering, techniques, methodologies and concepts and any related information, 
and (iii) information relating to business plans, sales or marketing methods and customer 
lists or requirements. 

"Documentation" means the documentation made available by Hortonworks with the Software, 
which may be modified during the Term. 

"Other Software" means various third party and open source software components licensed 
under the terms of applicable third party or open source license agreements included in 
the materials relating to such software.  Other Software is composed of individual software 
components, each of which has its own copyright and its own applicable license conditions.

"Software" means the Teradata Connector for Hadoop software accompanying this Agreement.
For HDP 2.1 patch information, refer to the HDP 2.1 Release Notes.

HDP 2.0

Platform Components Version License Terms
Apache Hadoop 2.2.0 Apache 2
Apache Hive 0.12.0 Apache 2
Apache HCatalog 0.12.0 Apache 2
Apache HBase 0.96.1 Apache 2
Apache ZooKeeper 3.4.5 Apache 2
Apache Pig 0.12.0 Apache 2
Apache Sqoop 1.4.4 Apache 2
Apache Flume 1.4.0 Apache 2
Apache Oozie 4.0.0 Apache 2
Apache Ambari 1.4.4 Apache 2
Apache Mahout 0.8.0 Apache 2
Hue 2.3.0 Apache 2
Add-On Components
Hortonworks Hive ODBC Driver (Win/Mac – v1.3.19) Hive ODBC Driver License AgreementHIVE ODBC DRIVER LICENSE AGREEMENT   PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU AGREE TO THESE TERMS. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT AGREE TO THE TERMS OF THIS AGREEMENT OR USE THE SOFTWARE. This Hive ODBC Driver License Agreement ("Agreement") is made by Hortonworks, Inc. ("Hortonworks") with its principal place of business at 5470 Great America Parkway, Santa Clara, California 95054 and you ("Customer"). The effective date ("Effective Date") of this Agreement is the date Customer agrees to these terms or uses the Software (as defined below). Capitalized terms have the meaning set forth in the applicable Sections or in Section 7.

  1. License.

1.1    License Grant. Subject to the terms and conditions of this Agreement, Hortonworks agrees to grant, and does hereby grant to Customer, during the Term of this Agreement, a personal, limited, non-exclusive, non-transferable right and license, to use the Software for Customer's internal business use without the right to grant or authorize sublicenses or to further distribute the Software. Customer may make up to two copies of the Software for backup and/or archival purposes; provided that Customer shall reproduce and include the existing copyright and other proprietary notices on and in any copies of the Software, including partial, physical or electronic copies of the Software.

1.2    License Restrictions. Customer shall not itself, or through any parent, subsidiary, affiliate, agent or other third party, or permit any third party to:

1.2.1 assign, sell, lease, license, distribute, sublicense or otherwise transfer in whole or in part, any Software or the Documentation to a third party; or

1.2.2  reverse compile, reverse assemble, translate, reverse engineer or otherwise attempt to reduce the Software to human readable form or derive source code from the Software, in whole or in part, nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or identify the source code of the Software or encourage others to do so, except to the limited extent, if any, that applicable law permits such acts notwithstanding any contractual prohibitions, provided, however, before Customer exercises any rights that Customer believes to be entitled to based on mandatory law, Customer shall provide Hortonworks with thirty (30) days prior written notice and provide all reasonably requested information to allow Hortonworks to assess Customer's claim and, at Hortonworks' sole discretion, to provide alternatives that reduce any adverse impact on Hortonworks' intellectual property or other rights; or 1.2.3    allow access to or permit use of or otherwise make available the Software by any users other than Customer's agents, employees, independent contractors or consultants, who shall use the Software solely for Customer’s internal business purposes in a manner consistent with this Agreement and who agree in writing to abide by the terms of this Agreement, provided further that Customer shall be liable for any failure by such agents, employees, independent contractors or consultants to comply with the terms of this Agreement; or

1.2.4  create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software; or

1.2.5  modify, supplement, or create derivative works based upon the Software; or

1.2.6  disclose the results of any benchmark test of the Software to any third party without Hortonworks' prior written approval, unless otherwise expressly permitted herein, provided, however, that the foregoing restriction shall apply to Customer only if Customer is a software or hardware vendor, or Customer is performing testing or benchmarking on the Software at the direction of, or on behalf of, a software or hardware vendor. Customer shall promptly report any violation of this Section 1.2.

1.3    Other Software. The Other Software is licensed to Customer under the terms of the applicable third party or open source license conditions and/or copyright notices.

1.4    Support. Hortonworks does not provide any support or subscription services for the Software under this Agreement. You have no rights to any updates, upgrades or extensions or enhancements to the Software developed by Hortonworks unless you separately purchase Hortonworks support or subscription services. These support or subscription services are subject to Hortonworks' then-current support terms and conditions.

 
  1. Confidentiality. For a period of five (5) years from the date of disclosure of the applicable Confidential Information, Customer will (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as it uses to avoid unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than reasonable care, and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement; provided that, to the extent the Confidential Information constitutes a trade secret under law, Customer agrees to protect such information for so long as it qualifies as a trade secret under applicable law. Customer will disclose the Confidential Information only to those of its employees and contractors having a need to know such Confidential Information and will take all reasonable precautions to ensure that such employees and contractors comply with the provisions of this Section. The obligations of Customer under this Section will not apply to information that Customer can demonstrate (i) was in its possession at the time of disclosure and without restriction as to confidentiality, (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by Customer, (iii) has been received from a third party without restriction on disclosure and without breach of agreement by Customer, or (iv) is independently developed by Customer without regard to the Confidential Information. In addition, Customer may disclose Confidential Information as required to comply with binding orders of governmental entities that have jurisdiction over it; provided that Customer gives Hortonworks reasonable written notice to allow Hortonworks to seek a protective order or other appropriate remedy, discloses only such Confidential Information as is required by the governmental entity, and uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information disclosed.
 
  1. Ownership. Hortonworks and its licensors shall retain all intellectual property and proprietary rights in the Software, Documentation, and related works, including but not limited to any derivative work of the foregoing. The Software is licensed only, and no title to, or ownership of, the Software is transferred to Customer hereunder.
 
  1. Disclaimer and Limitation of Liability.

4.1    Disclaimer. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO CUSTOMER "AS-IS" AND HORTONWORKS AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, NON-INFRINGEMENT, TITLE, PERFORMANCE, AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE AND DOCUMENTATION ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OR DIRECT LIFE SUPPORT SYSTEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUMES ANY RISKS ASSOCIATED WITH ITS EXERCISE OF PERMISSIONS UNDER THIS AGREEMENT.

4.2    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 WILL: (A) HORTONWORKS OR ITS SUPPLIERS BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, RELIANCE, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY CHARACTER AND HOWEVER CAUSED, ARISING AS A RESULT OF THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (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 HORTONWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) HORTONWORKS' CUMULATIVE LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS (US$100), OR (C) HORTONWORKS' SUPPLIERS HAVE ANY LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. IN PROVIDING THE SOFTWARE, HORTONWORKS IS ACTING ON ITS OWN BEHALF AND NOT ON BEHALF OF ANY OTHER PERSON OR ENTITY. THE PROVISIONS OF THIS SECTION 4 ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN CUSTOMER, HORTONWORKS AND HORTONWORKS' SUPPLIERS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

  1. Term and Termination.

5.1    This Agreement shall commence on the Effective Date and continue until terminated as set forth in this Agreement ("Term"). Either party may terminate this Agreement: (a) with ten (10) days prior written notice to the other party; or (b) upon written notice to the other party in the event that the other party breaches this Agreement and does not cure such breach within thirty (30) days of written notice.

5.2    Sections 2, 3, 4, 5, 6 and, 7 shall survive the expiration or termination of this Agreement.

5.3    Effect of Termination. Upon termination of this Agreement (a) all Licensed rights to the Software granted to Customer under this Agreement will immediately cease to exist; and (b) Customer must promptly discontinue all use of the Software, and destroy all copies of the Software and Documentation, and, if requested by Hortonworks, certify in writing to Hortonworks that Customer has fully complied with these requirements.

 
  1. General. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, which shall not be unreasonably withheld, and any such assignment in violation of this Section shall be void, except that (i) either party may assign this Agreement or rights granted hereunder to an Affiliate without the consent of the other party and (ii) the transfer of this Agreement or rights granted hereunder to a successor entity in the event of a merger, corporate reorganization, or acquisition shall not constitute an assignment for purposes of this Section. Affiliate means an entity that a party, directly or indirectly, controls, an entity that controls a party or an entity that is under common control with a party. For purposes of this provision, control means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all prior or contemporaneous discussions, proposals and agreements between the parties relating to the subject matter hereof. No amendment, modification or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. Purchase orders, if any, will be for the sole purpose of describing the Software to be provided under this Agreement and to this extent only are incorporated as a part of this Agreement and all other terms in purchase orders are rejected. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under this Agreement. Neither party will be liable to the other for any delay or failure to perform due to causes beyond its reasonable control. Unless otherwise specifically stated, the terms of this Agreement are intended to be and are solely for the benefit of Hortonworks and Customer and do not create any right in favor of any third party. This Agreement will be governed by the laws of the State of California, without reference to the principles of conflicts of law. The provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. The parties will attempt to resolve any dispute related to this Agreement informally, initially through their respective management, and then by non-binding mediation in Santa Clara County, California. Any litigation related to this Agreement shall be brought in the state or federal courts located in Santa Clara County, California, and only in those courts and each party irrevocably waives any objections to such venue. All notices must be in writing and will be effective three (3) days after the date sent to the address shown above for Hortonworks and given on the Hortonworks website for Customer.
 
  1. Definitions.   "Confidential Information" means any and all information or proprietary materials (in every form and media) not generally known in the relevant trade or industry and which has been or is hereafter disclosed or made available by Hortonworks to Customer in connection with the transactions contemplated under this Agreement, including (i) all trade secrets, (ii) existing or contemplated products, services, designs, technology, processes, technical data, engineering, techniques, methodologies and concepts and any related information, and (iii) information relating to business plans, sales or marketing methods and customer lists or requirements.   "Documentation" means the documentation made available by Hortonworks with the Software, which may be modified during the Term.   "Other Software" means various third party and open source software components licensed under the terms of applicable third party or open source license agreements included in the materials relating to such software. Other Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. "Software" means the software accompanying this Agreement.

Hortonworks Hive ODBC Driver (Linux – v1.3.19) Hive ODBC Driver License AgreementHIVE ODBC DRIVER LICENSE AGREEMENT   PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU AGREE TO THESE TERMS. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT AGREE TO THE TERMS OF THIS AGREEMENT OR USE THE SOFTWARE. This Hive ODBC Driver License Agreement ("Agreement") is made by Hortonworks, Inc. ("Hortonworks") with its principal place of business at 5470 Great America Parkway, Santa Clara, California 95054 and you ("Customer"). The effective date ("Effective Date") of this Agreement is the date Customer agrees to these terms or uses the Software (as defined below). Capitalized terms have the meaning set forth in the applicable Sections or in Section 7.

  1. License.

1.1    License Grant. Subject to the terms and conditions of this Agreement, Hortonworks agrees to grant, and does hereby grant to Customer, during the Term of this Agreement, a personal, limited, non-exclusive, non-transferable right and license, to use the Software for Customer's internal business use without the right to grant or authorize sublicenses or to further distribute the Software. Customer may make up to two copies of the Software for backup and/or archival purposes; provided that Customer shall reproduce and include the existing copyright and other proprietary notices on and in any copies of the Software, including partial, physical or electronic copies of the Software.

1.2    License Restrictions. Customer shall not itself, or through any parent, subsidiary, affiliate, agent or other third party, or permit any third party to:

1.2.1 assign, sell, lease, license, distribute, sublicense or otherwise transfer in whole or in part, any Software or the Documentation to a third party; or

1.2.2  reverse compile, reverse assemble, translate, reverse engineer or otherwise attempt to reduce the Software to human readable form or derive source code from the Software, in whole or in part, nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or identify the source code of the Software or encourage others to do so, except to the limited extent, if any, that applicable law permits such acts notwithstanding any contractual prohibitions, provided, however, before Customer exercises any rights that Customer believes to be entitled to based on mandatory law, Customer shall provide Hortonworks with thirty (30) days prior written notice and provide all reasonably requested information to allow Hortonworks to assess Customer's claim and, at Hortonworks' sole discretion, to provide alternatives that reduce any adverse impact on Hortonworks' intellectual property or other rights; or 1.2.3    allow access to or permit use of or otherwise make available the Software by any users other than Customer's agents, employees, independent contractors or consultants, who shall use the Software solely for Customer’s internal business purposes in a manner consistent with this Agreement and who agree in writing to abide by the terms of this Agreement, provided further that Customer shall be liable for any failure by such agents, employees, independent contractors or consultants to comply with the terms of this Agreement; or

1.2.4  create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software; or

1.2.5  modify, supplement, or create derivative works based upon the Software; or

1.2.6  disclose the results of any benchmark test of the Software to any third party without Hortonworks' prior written approval, unless otherwise expressly permitted herein, provided, however, that the foregoing restriction shall apply to Customer only if Customer is a software or hardware vendor, or Customer is performing testing or benchmarking on the Software at the direction of, or on behalf of, a software or hardware vendor. Customer shall promptly report any violation of this Section 1.2.

1.3    Other Software. The Other Software is licensed to Customer under the terms of the applicable third party or open source license conditions and/or copyright notices.

1.4    Support. Hortonworks does not provide any support or subscription services for the Software under this Agreement. You have no rights to any updates, upgrades or extensions or enhancements to the Software developed by Hortonworks unless you separately purchase Hortonworks support or subscription services. These support or subscription services are subject to Hortonworks' then-current support terms and conditions.

 
  1. Confidentiality. For a period of five (5) years from the date of disclosure of the applicable Confidential Information, Customer will (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as it uses to avoid unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than reasonable care, and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement; provided that, to the extent the Confidential Information constitutes a trade secret under law, Customer agrees to protect such information for so long as it qualifies as a trade secret under applicable law. Customer will disclose the Confidential Information only to those of its employees and contractors having a need to know such Confidential Information and will take all reasonable precautions to ensure that such employees and contractors comply with the provisions of this Section. The obligations of Customer under this Section will not apply to information that Customer can demonstrate (i) was in its possession at the time of disclosure and without restriction as to confidentiality, (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by Customer, (iii) has been received from a third party without restriction on disclosure and without breach of agreement by Customer, or (iv) is independently developed by Customer without regard to the Confidential Information. In addition, Customer may disclose Confidential Information as required to comply with binding orders of governmental entities that have jurisdiction over it; provided that Customer gives Hortonworks reasonable written notice to allow Hortonworks to seek a protective order or other appropriate remedy, discloses only such Confidential Information as is required by the governmental entity, and uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information disclosed.
 
  1. Ownership. Hortonworks and its licensors shall retain all intellectual property and proprietary rights in the Software, Documentation, and related works, including but not limited to any derivative work of the foregoing. The Software is licensed only, and no title to, or ownership of, the Software is transferred to Customer hereunder.
 
  1. Disclaimer and Limitation of Liability.

4.1    Disclaimer. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO CUSTOMER "AS-IS" AND HORTONWORKS AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, NON-INFRINGEMENT, TITLE, PERFORMANCE, AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE AND DOCUMENTATION ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OR DIRECT LIFE SUPPORT SYSTEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUMES ANY RISKS ASSOCIATED WITH ITS EXERCISE OF PERMISSIONS UNDER THIS AGREEMENT.

4.2    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 WILL: (A) HORTONWORKS OR ITS SUPPLIERS BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, RELIANCE, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY CHARACTER AND HOWEVER CAUSED, ARISING AS A RESULT OF THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (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 HORTONWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) HORTONWORKS' CUMULATIVE LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS (US$100), OR (C) HORTONWORKS' SUPPLIERS HAVE ANY LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. IN PROVIDING THE SOFTWARE, HORTONWORKS IS ACTING ON ITS OWN BEHALF AND NOT ON BEHALF OF ANY OTHER PERSON OR ENTITY. THE PROVISIONS OF THIS SECTION 4 ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN CUSTOMER, HORTONWORKS AND HORTONWORKS' SUPPLIERS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

  1. Term and Termination.

5.1    This Agreement shall commence on the Effective Date and continue until terminated as set forth in this Agreement ("Term"). Either party may terminate this Agreement: (a) with ten (10) days prior written notice to the other party; or (b) upon written notice to the other party in the event that the other party breaches this Agreement and does not cure such breach within thirty (30) days of written notice.

5.2    Sections 2, 3, 4, 5, 6 and, 7 shall survive the expiration or termination of this Agreement.

5.3    Effect of Termination. Upon termination of this Agreement (a) all Licensed rights to the Software granted to Customer under this Agreement will immediately cease to exist; and (b) Customer must promptly discontinue all use of the Software, and destroy all copies of the Software and Documentation, and, if requested by Hortonworks, certify in writing to Hortonworks that Customer has fully complied with these requirements.

 
  1. General. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, which shall not be unreasonably withheld, and any such assignment in violation of this Section shall be void, except that (i) either party may assign this Agreement or rights granted hereunder to an Affiliate without the consent of the other party and (ii) the transfer of this Agreement or rights granted hereunder to a successor entity in the event of a merger, corporate reorganization, or acquisition shall not constitute an assignment for purposes of this Section. Affiliate means an entity that a party, directly or indirectly, controls, an entity that controls a party or an entity that is under common control with a party. For purposes of this provision, control means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all prior or contemporaneous discussions, proposals and agreements between the parties relating to the subject matter hereof. No amendment, modification or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. Purchase orders, if any, will be for the sole purpose of describing the Software to be provided under this Agreement and to this extent only are incorporated as a part of this Agreement and all other terms in purchase orders are rejected. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under this Agreement. Neither party will be liable to the other for any delay or failure to perform due to causes beyond its reasonable control. Unless otherwise specifically stated, the terms of this Agreement are intended to be and are solely for the benefit of Hortonworks and Customer and do not create any right in favor of any third party. This Agreement will be governed by the laws of the State of California, without reference to the principles of conflicts of law. The provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. The parties will attempt to resolve any dispute related to this Agreement informally, initially through their respective management, and then by non-binding mediation in Santa Clara County, California. Any litigation related to this Agreement shall be brought in the state or federal courts located in Santa Clara County, California, and only in those courts and each party irrevocably waives any objections to such venue. All notices must be in writing and will be effective three (3) days after the date sent to the address shown above for Hortonworks and given on the Hortonworks website for Customer.
 
  1. Definitions.   "Confidential Information" means any and all information or proprietary materials (in every form and media) not generally known in the relevant trade or industry and which has been or is hereafter disclosed or made available by Hortonworks to Customer in connection with the transactions contemplated under this Agreement, including (i) all trade secrets, (ii) existing or contemplated products, services, designs, technology, processes, technical data, engineering, techniques, methodologies and concepts and any related information, and (iii) information relating to business plans, sales or marketing methods and customer lists or requirements.   "Documentation" means the documentation made available by Hortonworks with the Software, which may be modified during the Term.   "Other Software" means various third party and open source software components licensed under the terms of applicable third party or open source license agreements included in the materials relating to such software. Other Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. "Software" means the software accompanying this Agreement.

Quest Data Connector for Oracle and Hadoop Quest Data Connector License AgreementQUEST DATA CONNECTOR LICENSE AGREEMENT   PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU AGREE TO THESE TERMS. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT AGREE TO THE TERMS OF THIS AGREEMENT OR USE THE SOFTWARE. This Quest Data Connector License Agreement ("Agreement") is made by Hortonworks, Inc. ("Hortonworks") with its principal place of business at 5470 Great America Parkway, Santa Clara, California 95054 and you ("Customer"). The effective date ("Effective Date") of this Agreement is the date Customer agrees to these terms or uses the Software (as defined below). Capitalized terms have the meaning set forth in the applicable Sections or in Section 7.  
  1. License.

1.1    License Grant. Subject to the terms and conditions of this Agreement, Hortonworks agrees to grant, and does hereby grant to Customer, during the Term of this Agreement, a personal, limited, non-exclusive, non-transferable right and license, to use the Software for Customer's internal business use without the right to grant or authorize sublicenses or to further distribute the Software. Customer may make up to two copies of the Software for backup and/or archival purposes; provided that Customer shall reproduce and include the existing copyright and other proprietary notices on and in any copies of the Software, including partial, physical or electronic copies of the Software.

1.2    License Restrictions. Customer shall not itself, or through any parent, subsidiary, affiliate, agent or other third party, or permit any third party to:

1.2.1 assign, sell, lease, license, distribute, sublicense or otherwise transfer in whole or in part, any Software or the Documentation to a third party; or

1.2.2  reverse compile, reverse assemble, translate, reverse engineer or otherwise attempt to reduce the Software to human readable form or derive source code from the Software, in whole or in part, nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or identify the source code of the Software or encourage others to do so, except to the limited extent, if any, that applicable law permits such acts notwithstanding any contractual prohibitions, provided, however, before Customer exercises any rights that Customer believes to be entitled to based on mandatory law, Customer shall provide Hortonworks with thirty (30) days prior written notice and provide all reasonably requested information to allow Hortonworks to assess Customer's claim and, at Hortonworks' sole discretion, to provide alternatives that reduce any adverse impact on Hortonworks' intellectual property or other rights; or 1.2.3    allow access to or permit use of or otherwise make available the Software by any users other than Customer's agents, employees, independent contractors or consultants, who shall use the Software solely for Customer’s internal business purposes in a manner consistent with this Agreement and who agree in writing to abide by the terms of this Agreement, provided further that Customer shall be liable for any failure by such agents, employees, independent contractors or consultants to comply with the terms of this Agreement; or

1.2.4  create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software; or

1.2.5  modify, supplement, or create derivative works based upon the Software; or

1.2.6  disclose the results of any benchmark test of the Software to any third party without Hortonworks' prior written approval, unless otherwise expressly permitted herein, provided, however, that the foregoing restriction shall apply to Customer only if Customer is a software or hardware vendor, or Customer is performing testing or benchmarking on the Software at the direction of, or on behalf of, a software or hardware vendor. Customer shall promptly report any violation of this Section 1.2.

1.3    Other Software. The Other Software is licensed to Customer under the terms of the applicable third party or open source license conditions and/or copyright notices.

1.4    Support. Hortonworks does not provide any support or subscription services for the Software under this Agreement. You have no rights to any updates, upgrades or extensions or enhancements to the Software developed by Hortonworks unless you separately purchase Hortonworks support or subscription services. These support or subscription services are subject to Hortonworks' then-current support terms and conditions.

 
  1. Confidentiality. For a period of five (5) years from the date of disclosure of the applicable Confidential Information, Customer will (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as it uses to avoid unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than reasonable care, and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement; provided that, to the extent the Confidential Information constitutes a trade secret under law, Customer agrees to protect such information for so long as it qualifies as a trade secret under applicable law. Customer will disclose the Confidential Information only to those of its employees and contractors having a need to know such Confidential Information and will take all reasonable precautions to ensure that such employees and contractors comply with the provisions of this Section. The obligations of Customer under this Section will not apply to information that Customer can demonstrate (i) was in its possession at the time of disclosure and without restriction as to confidentiality, (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by Customer, (iii) has been received from a third party without restriction on disclosure and without breach of agreement by Customer, or (iv) is independently developed by Customer without regard to the Confidential Information. In addition, Customer may disclose Confidential Information as required to comply with binding orders of governmental entities that have jurisdiction over it; provided that Customer gives Hortonworks reasonable written notice to allow Hortonworks to seek a protective order or other appropriate remedy, discloses only such Confidential Information as is required by the governmental entity, and uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information disclosed.
 
  1. Ownership. Hortonworks and its licensors shall retain all intellectual property and proprietary rights in the Software, Documentation, and related works, including but not limited to any derivative work of the foregoing. The Software is licensed only, and no title to, or ownership of, the Software is transferred to Customer hereunder.
 
  1. Disclaimer and Limitation of Liability.

4.1    Disclaimer. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO CUSTOMER "AS-IS" AND HORTONWORKS AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, NON-INFRINGEMENT, TITLE, PERFORMANCE, AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE AND DOCUMENTATION ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OR DIRECT LIFE SUPPORT SYSTEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUMES ANY RISKS ASSOCIATED WITH ITS EXERCISE OF PERMISSIONS UNDER THIS AGREEMENT.

4.2    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 WILL: (A) HORTONWORKS OR ITS SUPPLIERS BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, RELIANCE, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY CHARACTER AND HOWEVER CAUSED, ARISING AS A RESULT OF THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (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 HORTONWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) HORTONWORKS' CUMULATIVE LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS (US$100), OR (C) HORTONWORKS' SUPPLIERS HAVE ANY LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. IN PROVIDING THE SOFTWARE, HORTONWORKS IS ACTING ON ITS OWN BEHALF AND NOT ON BEHALF OF ANY OTHER PERSON OR ENTITY. THE PROVISIONS OF THIS SECTION 4 ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN CUSTOMER, HORTONWORKS AND HORTONWORKS' SUPPLIERS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

  1. Term and Termination.

5.1    This Agreement shall commence on the Effective Date and continue until terminated as set forth in this Agreement ("Term"). Either party may terminate this Agreement: (a) with ten (10) days prior written notice to the other party; or (b) upon written notice to the other party in the event that the other party breaches this Agreement and does not cure such breach within thirty (30) days of written notice.

5.2    Sections 2, 3, 4, 5, 6 and, 7 shall survive the expiration or termination of this Agreement.

5.3    Effect of Termination. Upon termination of this Agreement (a) all Licensed rights to the Software granted to Customer under this Agreement will immediately cease to exist; and (b) Customer must promptly discontinue all use of the Software, and destroy all copies of the Software and Documentation, and, if requested by Hortonworks, certify in writing to Hortonworks that Customer has fully complied with these requirements.

 
  1. General. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, which shall not be unreasonably withheld, and any such assignment in violation of this Section shall be void, except that (i) either party may assign this Agreement or rights granted hereunder to an Affiliate without the consent of the other party and (ii) the transfer of this Agreement or rights granted hereunder to a successor entity in the event of a merger, corporate reorganization, or acquisition shall not constitute an assignment for purposes of this Section. Affiliate means an entity that a party, directly or indirectly, controls, an entity that controls a party or an entity that is under common control with a party. For purposes of this provision, control means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all prior or contemporaneous discussions, proposals and agreements between the parties relating to the subject matter hereof. No amendment, modification or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. Purchase orders, if any, will be for the sole purpose of describing the Software to be provided under this Agreement and to this extent only are incorporated as a part of this Agreement and all other terms in purchase orders are rejected. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under this Agreement. Neither party will be liable to the other for any delay or failure to perform due to causes beyond its reasonable control. Unless otherwise specifically stated, the terms of this Agreement are intended to be and are solely for the benefit of Hortonworks and Customer and do not create any right in favor of any third party. This Agreement will be governed by the laws of the State of California, without reference to the principles of conflicts of law. The provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. The parties will attempt to resolve any dispute related to this Agreement informally, initially through their respective management, and then by non-binding mediation in Santa Clara County, California. Any litigation related to this Agreement shall be brought in the state or federal courts located in Santa Clara County, California, and only in those courts and each party irrevocably waives any objections to such venue. All notices must be in writing and will be effective three (3) days after the date sent to the address shown above for Hortonworks and given on the Hortonworks website for Customer.
 
  1. Definitions.   "Confidential Information" means any and all information or proprietary materials (in every form and media) not generally known in the relevant trade or industry and which has been or is hereafter disclosed or made available by Hortonworks to Customer in connection with the transactions contemplated under this Agreement, including (i) all trade secrets, (ii) existing or contemplated products, services, designs, technology, processes, technical data, engineering, techniques, methodologies and concepts and any related information, and (iii) information relating to business plans, sales or marketing methods and customer lists or requirements.   "Documentation" means the documentation made available by Hortonworks with the Software, which may be modified during the Term.   "Other Software" means various third party and open source software components licensed under the terms of applicable third party or open source license agreements included in the materials relating to such software. Other Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. "Software" means the software accompanying this Agreement.
 
Hortonworks Connector for Teradata v1.1 for HDP2 License Agreement for Teradata Connector
LICENSE AGREEMENT FOR TERADATA CONNECTOR FOR HADOOP SOFTWARE

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU AGREE TO THESE TERMS. 
IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU 
HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. 
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT AGREE TO THE TERMS OF 
THIS AGREEMENT OR USE THE SOFTWARE.

This License Agreement ("Agreement") is made by Hortonworks, Inc. ("Hortonworks") 
with its principal place of business at 3460 West Bayshore Rd.,  
Palo Alto, California 94303 and you ("Customer"). The effective date ("Effective Date") 
of this Agreement is the date Customer agrees to these terms or uses the Software 
(as defined below). Capitalized terms have the meaning set forth in the applicable 
Sections or in Section 7.

This Agreement applies to your use of the Software but it will be superseded by 
any signed agreement between you and Hortonworks concerning the Software.
 
1.  	License.

1.1 	License Grant. Subject to the terms and conditions of this Agreement, 
Hortonworks agrees to grant, and does hereby grant to Customer, during the Term of 
this Agreement, a personal, limited, non-exclusive, non-transferable right and license, 
to use the Software for Customer's internal business use without the right to grant 
or authorize sublicenses or to further distribute the Software. Customer may make 
up to two copies of the Software for backup and/or archival purposes; provided that 
Customer shall reproduce and include the existing copyright and other proprietary notices on and 
in any copies of the Software, including partial, physical or electronic copies of the Software.

1.2	License Restrictions.  Customer shall not itself, or through any parent, subsidiary, 
affiliate, agent or other third party, or permit any third party to:
1.2.1	assign, sell, lease, license, distribute, sublicense or otherwise transfer in whole or 
in part, any Software or the Documentation to a third party; or
1.2.2	reverse compile, reverse assemble, translate, reverse engineer or otherwise attempt to 
reduce the Software to human readable form or derive source code from the Software, in whole or in part, 
nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or 
identify the source code of the Software or encourage others to do so, except to the limited extent, 
if any, that applicable law permits such acts notwithstanding any contractual prohibitions, provided, 
however, before Customer exercises any rights that Customer believes to be entitled to 
based on mandatory law, Customer shall provide Hortonworks with thirty (30) days prior 
written notice and provide all reasonably requested information to allow Hortonworks to 
assess Customer's claim and, at Hortonworks' sole discretion, to provide alternatives that 
reduce any adverse impact on Hortonworks' intellectual property or other rights; or
1.2.3	allow access to or permit use of or otherwise make available the Software by any users other 
than Customer's agents, employees, independent contractors or consultants, who shall use the Software 
solely for CustomerŐs internal business purposes in a manner consistent with this Agreement and who agree 
in writing to abide by the terms of this Agreement, provided further that Customer shall be liable for 
any failure by such agents, employees, independent contractors or consultants to comply 
with the terms of this Agreement; or
1.2.4	create, develop, license, install, use, or deploy any third party software or 
services to circumvent, enable, modify or provide access, permissions or rights which 
violate the technical restrictions of the Software; or
1.2.5	use the Software for purposes other than moving data between a Teradata Enterprise Data Warehouse 
product and the Software; or
1.2.6	modify, supplement, or create derivative works based upon the Software; or
1.2.7	disclose the results of any benchmark test of the Software to any third party 
without Hortonworks' prior written approval, unless otherwise expressly permitted herein, 
provided, however, that the foregoing restriction shall apply to Customer only if 
Customer is a software or hardware vendor, or Customer is performing testing or benchmarking 
on the Software at the direction of, or on behalf of, a software or hardware vendor.
Customer shall promptly report any violation of this Section 1.2.

1.3	Other Software.  The Other Software is licensed to Customer under the terms of the 
applicable third party or open source license conditions and/or copyright notices.

1.4	Support.  Hortonworks does not provide any support or subscription services for 
the Software under this Agreement. You have no rights to any updates, upgrades or 
extensions or enhancements to the Software developed by Hortonworks unless you separately 
purchase Hortonworks support or subscription services. These support or subscription services 
are subject to Hortonworks' then-current support terms and conditions.

2.	Confidentiality. For a period of five (5) years from the date of disclosure of 
the applicable Confidential Information, Customer  will (i) hold the Confidential Information 
in trust and confidence and avoid the disclosure or release thereof to any other person 
or entity by using the same degree of care as it uses to avoid unauthorized use, disclosure, 
or dissemination of its own Confidential Information of a similar nature, but not less 
than reasonable care, and (ii) not use the Confidential Information for any purpose whatsoever 
except as expressly contemplated under this Agreement; provided that, to the extent the 
Confidential Information constitutes a trade secret under law, Customer agrees to protect 
such information for so long as it qualifies as a trade secret under applicable law. 
Customer will disclose the Confidential Information only to those of its employees and 
contractors having a need to know such Confidential Information and will take all reasonable 
precautions to ensure that such employees and contractors comply with the provisions of 
this Section. The obligations of Customer under this Section will not apply to information 
that Customer can demonstrate (i) was in its possession at the time of disclosure and without 
restriction as to confidentiality, (ii) at the time of disclosure is generally available 
to the public or after disclosure becomes generally available to the public through no breach 
of agreement or other wrongful act by Customer, (iii) has been received from a third party 
without restriction on disclosure and without breach of agreement by Customer, or (iv) is 
independently developed by Customer without regard to the Confidential Information. 
In addition, Customer may disclose Confidential Information as required to comply with 
binding orders of governmental entities that have jurisdiction over it; provided that 
Customer gives Hortonworks reasonable written notice to allow Hortonworks to seek a 
protective order or other appropriate remedy, discloses only such Confidential Information 
as is required by the governmental entity, and uses commercially reasonable efforts to 
obtain confidential treatment for any Confidential Information disclosed.

3.	Ownership. Hortonworks and its licensors shall retain all intellectual property and 
proprietary rights in the Software, Documentation, and related works, including but not 
limited to any derivative work of the foregoing. The Software is licensed only, and no title to, 
or ownership of, the Software is transferred to Customer hereunder.

4.	Disclaimer and Limitation of Liability.

4.1	Disclaimer. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO CUSTOMER "AS-IS" AND 
HORTONWORKS AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY 
DISCLAIM ALL  WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, NON-INFRINGEMENT, TITLE, PERFORMANCE, 
AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, 
OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE AND 
DOCUMENTATION  ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, 
MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR 
COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OR DIRECT LIFE SUPPORT SYSTEMS. CUSTOMER IS SOLELY RESPONSIBLE 
FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUMES ANY RISKS ASSOCIATED WITH ITS 
EXERCISE OF PERMISSIONS UNDER THIS AGREEMENT.

4.2	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 WILL: (A)  HORTONWORKS OR ITS SUPPLIERS BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, 
RELIANCE, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY CHARACTER AND HOWEVER CAUSED, 
ARISING AS A RESULT OF THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (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 HORTONWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, 
(B) HORTONWORKS' CUMULATIVE LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT OF 
ONE HUNDRED DOLLARS (US$100), OR (C) HORTONWORKS' SUPPLIERS HAVE ANY LIABILITY 
FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. IN PROVIDING THE SOFTWARE, HORTONWORKS IS ACTING ON 
ITS OWN BEHALF AND NOT ON BEHALF OF ANY OTHER PERSON OR ENTITY. THE PROVISIONS OF THIS SECTION 4 
ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN CUSTOMER, HORTONWORKS AND HORTONWORKS' SUPPLIERS. 
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED 
BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

5.	Term and Termination.

5.1	This Agreement shall commence on the Effective Date and continue until terminated 
as set forth in this Agreement ("Term"). Either party may terminate this Agreement: 
(a) with ten (10) days prior written notice to the other party; or 
(b) upon written notice to the other party in the event that the other party breaches 
this Agreement and does not cure such breach within thirty (30) days of written notice.  

5.2	Sections 2, 3, 4, 5, 6 and, 7 shall survive the expiration or termination of this Agreement. 

5.3	Audit.	During the Term and for one (1) year following termination or expiration 
(but no more than once in a calendar year), Hortonworks and its auditors may inspect Customer's 
records relating to its reproduction and use of the Software for the purposes of verifying 
Customer's compliance with this Agreement.  Customer shall cooperate fully with Hortonworks 
and its auditors in conducting audits and provide reasonable assistance.  If an underpayment 
is discovered, Customer shall promptly pay such amount and Customer shall reimburse Hortonworks 
for the cost of the audit. 

5.4	Effect of Termination. Upon termination of this Agreement (a) all Licensed rights to the 
Software granted to Customer under this Agreement will immediately cease to exist; and 
(b) Customer must promptly discontinue all use of the Software, and destroy all copies of the 
Software and Documentation, and, if requested by Hortonworks, certify in writing to Hortonworks 
that Customer has fully complied with these requirements.

6.	General.  Neither party may assign this Agreement or any of its rights or obligations 
hereunder without the prior written consent of the other party, which shall not be unreasonably 
withheld, and any such assignment in violation of this Section shall be void, except that 
(i) either party may assign this Agreement or rights granted hereunder to an Affiliate without 
the consent of the other party and (ii) the transfer of this Agreement or rights granted 
hereunder to a successor entity in the event of a merger, corporate reorganization, or 
acquisition shall not constitute an assignment for purposes of this Section. Affiliate means 
an entity that a party, directly or indirectly, controls, an entity that controls a party 
or an entity that is under common control with a party.  For purposes of this provision, 
control means ownership of at least fifty percent (50%) of the outstanding voting shares 
of the entity. This Agreement constitutes the entire agreement between the parties concerning 
the subject matter hereof. This Agreement supersedes all prior or contemporaneous discussions, 
proposals and agreements between the parties relating to the subject matter hereof. No amendment, 
modification or waiver of any provision of this Agreement will be effective unless in writing 
and signed by both parties. Purchase orders, if any, will be for the sole purpose of describing 
the Software to be provided under this Agreement and to this extent only are incorporated as a 
part of this Agreement and all other terms in purchase orders are rejected. If any provision of 
this Agreement is held to be invalid or unenforceable, the remaining portions will remain 
in full force and effect and such provision will be enforced to the maximum extent possible so 
as to effect the intent of the parties and will be reformed to the extent necessary to 
make such provision valid and enforceable. No waiver of rights by either party may be implied 
from any actions or failures to enforce rights under this Agreement. Neither party will be 
liable to the other for any delay or failure to perform due to causes beyond its reasonable 
control (excluding payment of monies due). Unless otherwise specifically stated, the terms of 
this Agreement are intended to be and are solely for the benefit of Hortonworks and Customer 
and do not create any right in favor of any third party. This Agreement will be governed by 
the laws of the State of New York, without reference to the principles of conflicts of law. 
The provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on 
Contracts for the International Sale of Goods will not apply to this Agreement. The parties will 
attempt to resolve any dispute related to this Agreement informally, initially through 
their respective management, and then by non-binding mediation in New York County, New York.  
Any litigation related to this Agreement shall be brought in the state or federal courts 
located in New York County, New York, and only in those courts and each party irrevocably 
waives any objections to such venue. All notices must be in writing and will be effective 
three (3) days after the date sent to the address shown above for Hortonworks and given 
on the Hortonworks website for Customer.

7.	Definitions. 

"Confidential Information" means any and all information or proprietary materials (in every 
form and media) not generally known in the relevant trade or industry and which has been or 
is hereafter disclosed or made available by Hortonworks to Customer in connection with the 
transactions contemplated under this Agreement, including (i) all trade secrets, 
(ii) existing or contemplated products, services, designs, technology, processes, technical 
data, engineering, techniques, methodologies and concepts and any related information, 
and (iii) information relating to business plans, sales or marketing methods and customer 
lists or requirements. 

"Documentation" means the documentation made available by Hortonworks with the Software, 
which may be modified during the Term. 

"Other Software" means various third party and open source software components licensed 
under the terms of applicable third party or open source license agreements included in 
the materials relating to such software.  Other Software is composed of individual software 
components, each of which has its own copyright and its own applicable license conditions.

"Software" means the Teradata Connector for Hadoop software accompanying this Agreement.
For HDP 2.0 patch information, refer to the HDP 2.0 Release Notes.

HDP 2 for Windows

Platform Components Version License Terms
Apache Hadoop 2.2.0 Apache 2
Apache Hive 0.12.0 Apache 2
Apache HCatalog 0.12.0 Apache 2
Apache HBase 0.96.0 Apache 2
Apache ZooKeeper 3.4.5 Apache 2
Apache Pig 0.12.0 Apache 2
Apache Sqoop 1.4.4 Apache 2
Apache Flume 1.4.0 Apache 2
Apache Oozie 4.0.0 Apache 2
Apache Mahout 0.8.0 Apache 2
Add-On Components
Hortonworks Hive ODBC Driver (Win/Mac – v1.3.19) Hive ODBC Driver License AgreementHIVE ODBC DRIVER LICENSE AGREEMENT   PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU AGREE TO THESE TERMS. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT AGREE TO THE TERMS OF THIS AGREEMENT OR USE THE SOFTWARE. This Hive ODBC Driver License Agreement ("Agreement") is made by Hortonworks, Inc. ("Hortonworks") with its principal place of business at 5470 Great America Parkway, Santa Clara, California 95054 and you ("Customer"). The effective date ("Effective Date") of this Agreement is the date Customer agrees to these terms or uses the Software (as defined below). Capitalized terms have the meaning set forth in the applicable Sections or in Section 7.

  1. License.

1.1    License Grant. Subject to the terms and conditions of this Agreement, Hortonworks agrees to grant, and does hereby grant to Customer, during the Term of this Agreement, a personal, limited, non-exclusive, non-transferable right and license, to use the Software for Customer's internal business use without the right to grant or authorize sublicenses or to further distribute the Software. Customer may make up to two copies of the Software for backup and/or archival purposes; provided that Customer shall reproduce and include the existing copyright and other proprietary notices on and in any copies of the Software, including partial, physical or electronic copies of the Software.

1.2    License Restrictions. Customer shall not itself, or through any parent, subsidiary, affiliate, agent or other third party, or permit any third party to:

1.2.1 assign, sell, lease, license, distribute, sublicense or otherwise transfer in whole or in part, any Software or the Documentation to a third party; or

1.2.2  reverse compile, reverse assemble, translate, reverse engineer or otherwise attempt to reduce the Software to human readable form or derive source code from the Software, in whole or in part, nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or identify the source code of the Software or encourage others to do so, except to the limited extent, if any, that applicable law permits such acts notwithstanding any contractual prohibitions, provided, however, before Customer exercises any rights that Customer believes to be entitled to based on mandatory law, Customer shall provide Hortonworks with thirty (30) days prior written notice and provide all reasonably requested information to allow Hortonworks to assess Customer's claim and, at Hortonworks' sole discretion, to provide alternatives that reduce any adverse impact on Hortonworks' intellectual property or other rights; or 1.2.3    allow access to or permit use of or otherwise make available the Software by any users other than Customer's agents, employees, independent contractors or consultants, who shall use the Software solely for Customer’s internal business purposes in a manner consistent with this Agreement and who agree in writing to abide by the terms of this Agreement, provided further that Customer shall be liable for any failure by such agents, employees, independent contractors or consultants to comply with the terms of this Agreement; or

1.2.4  create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software; or

1.2.5  modify, supplement, or create derivative works based upon the Software; or

1.2.6  disclose the results of any benchmark test of the Software to any third party without Hortonworks' prior written approval, unless otherwise expressly permitted herein, provided, however, that the foregoing restriction shall apply to Customer only if Customer is a software or hardware vendor, or Customer is performing testing or benchmarking on the Software at the direction of, or on behalf of, a software or hardware vendor. Customer shall promptly report any violation of this Section 1.2.

1.3    Other Software. The Other Software is licensed to Customer under the terms of the applicable third party or open source license conditions and/or copyright notices.

1.4    Support. Hortonworks does not provide any support or subscription services for the Software under this Agreement. You have no rights to any updates, upgrades or extensions or enhancements to the Software developed by Hortonworks unless you separately purchase Hortonworks support or subscription services. These support or subscription services are subject to Hortonworks' then-current support terms and conditions.

 
  1. Confidentiality. For a period of five (5) years from the date of disclosure of the applicable Confidential Information, Customer will (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as it uses to avoid unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than reasonable care, and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement; provided that, to the extent the Confidential Information constitutes a trade secret under law, Customer agrees to protect such information for so long as it qualifies as a trade secret under applicable law. Customer will disclose the Confidential Information only to those of its employees and contractors having a need to know such Confidential Information and will take all reasonable precautions to ensure that such employees and contractors comply with the provisions of this Section. The obligations of Customer under this Section will not apply to information that Customer can demonstrate (i) was in its possession at the time of disclosure and without restriction as to confidentiality, (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by Customer, (iii) has been received from a third party without restriction on disclosure and without breach of agreement by Customer, or (iv) is independently developed by Customer without regard to the Confidential Information. In addition, Customer may disclose Confidential Information as required to comply with binding orders of governmental entities that have jurisdiction over it; provided that Customer gives Hortonworks reasonable written notice to allow Hortonworks to seek a protective order or other appropriate remedy, discloses only such Confidential Information as is required by the governmental entity, and uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information disclosed.
 
  1. Ownership. Hortonworks and its licensors shall retain all intellectual property and proprietary rights in the Software, Documentation, and related works, including but not limited to any derivative work of the foregoing. The Software is licensed only, and no title to, or ownership of, the Software is transferred to Customer hereunder.
 
  1. Disclaimer and Limitation of Liability.

4.1    Disclaimer. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO CUSTOMER "AS-IS" AND HORTONWORKS AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, NON-INFRINGEMENT, TITLE, PERFORMANCE, AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE SOFTWARE AND DOCUMENTATION ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, OR DIRECT LIFE SUPPORT SYSTEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE SOFTWARE AND ASSUMES ANY RISKS ASSOCIATED WITH ITS EXERCISE OF PERMISSIONS UNDER THIS AGREEMENT.

4.2    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 WILL: (A) HORTONWORKS OR ITS SUPPLIERS BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, RELIANCE, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY CHARACTER AND HOWEVER CAUSED, ARISING AS A RESULT OF THIS AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (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 HORTONWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) HORTONWORKS' CUMULATIVE LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS (US$100), OR (C) HORTONWORKS' SUPPLIERS HAVE ANY LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. IN PROVIDING THE SOFTWARE, HORTONWORKS IS ACTING ON ITS OWN BEHALF AND NOT ON BEHALF OF ANY OTHER PERSON OR ENTITY. THE PROVISIONS OF THIS SECTION 4 ALLOCATE RISKS UNDER THIS AGREEMENT BETWEEN CUSTOMER, HORTONWORKS AND HORTONWORKS' SUPPLIERS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

  1. Term and Termination.

5.1    This Agreement shall commence on the Effective Date and continue until terminated as set forth in this Agreement ("Term"). Either party may terminate this Agreement: (a) with ten (10) days prior written notice to the other party; or (b) upon written notice to the other party in the event that the other party breaches this Agreement and does not cure such breach within thirty (30) days of written notice.

5.2    Sections 2, 3, 4, 5, 6 and, 7 shall survive the expiration or termination of this Agreement.

5.3    Effect of Termination. Upon termination of this Agreement (a) all Licensed rights to the Software granted to Customer under this Agreement will immediately cease to exist; and (b) Customer must promptly discontinue all use of the Software, and destroy all copies of the Software and Documentation, and, if requested by Hortonworks, certify in writing to Hortonworks that Customer has fully complied with these requirements.

 
  1. General. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, which shall not be unreasonably withheld, and any such assignment in violation of this Section shall be void, except that (i) either party may assign this Agreement or rights granted hereunder to an Affiliate without the consent of the other party and (ii) the transfer of this Agreement or rights granted hereunder to a successor entity in the event of a merger, corporate reorganization, or acquisition shall not constitute an assignment for purposes of this Section. Affiliate means an entity that a party, directly or indirectly, controls, an entity that controls a party or an entity that is under common control with a party. For purposes of this provision, control means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all prior or contemporaneous discussions, proposals and agreements between the parties relating to the subject matter hereof. No amendment, modification or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. Purchase orders, if any, will be for the sole purpose of describing the Software to be provided under this Agreement and to this extent only are incorporated as a part of this Agreement and all other terms in purchase orders are rejected. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under this Agreement. Neither party will be liable to the other for any delay or failure to perform due to causes beyond its reasonable control. Unless otherwise specifically stated, the terms of this Agreement are intended to be and are solely for the benefit of Hortonworks and Customer and do not create any right in favor of any third party. This Agreement will be governed by the laws of the State of California, without reference to the principles of conflicts of law. The provisions of the Uniform Computerized Information Transaction Act and United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. The parties will attempt to resolve any dispute related to this Agreement informally, initially through their respective management, and then by non-binding mediation in Santa Clara County, California. Any litigation related to this Agreement shall be brought in the state or federal courts located in Santa Clara County, California, and only in those courts and each party irrevocably waives any objections to such venue. All notices must be in writing and will be effective three (3) days after the date sent to the address shown above for Hortonworks and given on the Hortonworks website for Customer.
 
  1. Definitions.   "Confidential Information" means any and all information or proprietary materials (in every form and media) not generally known in the relevant trade or industry and which has been or is hereafter disclosed or made available by Hortonworks to Customer in connection with the transactions contemplated under this Agreement, including (i) all trade secrets, (ii) existing or contemplated products, services, designs, technology, processes, technical data, engineering, techniques, methodologies and concepts and any related information, and (iii) information relating to business plans, sales or marketing methods and customer lists or requirements.   "Documentation" means the documentation made available by Hortonworks with the Software, which may be modified during the Term.   "Other Software" means various third party and open source software components licensed under the terms of applicable third party or open source license agreements included in the materials relating to such software. Other Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. "Software" means the software accompanying this Agreement.

For HDP 2 for Windows patch information, refer to the HDP 2 for Windows Release Notes.

HDP 1.3 for Windows

Platform Components Version License Terms
Apache Hadoop 1.2 Apache 2
Apache Pig 0.11.1 Apache 2
Apache Hive (inc. HCatalog) 0.11 Apache 2
Apache Sqoop 1.4.3 Apache 2
Apache Oozie 3.3.2 Apache 2
Apache HBase 0.94.6 Apache 2
Apache ZooKeeper 3.4.5 Apache 2
Apache Flume 1.3.1 Apache 2
Apache Mahout 0.7.0 Apache 2
Add-On Components
Ambari SCOM Management Pack 1.0 1.0
For HDP 1.3 for Windows patch information, refer to the HDP 1.3 for Windows Release Notes.

HDP 1.3 (Latest)

Platform Components Version License Terms
Apache Hadoop 1.2.0 Apache 2
Apache Hive 0.11.0 Apache 2
Apache HBase 0.94.6.1 Apache 2
Apache ZooKeeper 3.4.5 Apache 2
Apache Pig 0.11 Apache 2
Apache Sqoop 1.4.3 Apache 2
Apache Oozie 3.3.2 Apache 2
Apache Ambari 1.4.1 Apache 2
Apache Flume 1.3.1 Apache 2
Apache Mahout 0.7.0 Apache 2
Hue 2.2.0 Apache 2
For HDP 1.3 (Latest) patch information, refer to the HDP 1.3 (Latest) Release Notes.

HDP 1.2.4

Platform Components Version License Terms
Apache Hadoop 1.1.2 Apache 2
Apache Hive 0.10.0 Apache 2
Apache HCatalog 0.5.0 Apache 2
Apache HBase 0.94.5 Apache 2
Apache ZooKeeper 3.4.5 Apache 2
Apache Pig 0.10.1 Apache 2
Apache Sqoop 1.4.2 Apache 2
Apache Oozie 3.2.0 Apache 2
Apache Ambari 1.2.3-rc0 Apache 2
Apache Flume 1.3.1 Apache 2
Apache Mahout 0.7.0 Apache 2
For HDP 1.2.4 patch information, refer to the HDP 1.2.4 Release Notes.

HDP 1.1.1

Platform Components Version License Terms
Component Version Apache Hadoop 1.0.3 Apache 2
Apache Hive 0.9.0 Apache 2
Apache HCatalog 0.4.0 Apache 2
Templeton 0.1.4 Apache 2
Apache HBase 0.92.1 Apache 2
Apache ZooKeeper 3.3.4 Apache 2
Apache Pig 0.9.2 Apache 2
Apache Sqoop 1.4.2 Apache 2
Apache Oozie 3.1.3 Apache 2
HMC (Apache Ambari) 1.0.2 Apache 2
Apache Flume 1.2.0 Apache 2
For HDP 1.1.1 patch information, refer to the HDP 1.1.1 Release Notes.

HDP 1.1 for Windows

Platform Components Version License Terms
Apache Hadoop 1.0.3 Apache 2
Apache Hive 0.9.0 Apache 2
Apache HCatalog 0.4.1 Apache 2
Apache Templeton 0.1.4 Apache 2
Apache Pig 0.9.3 Apache 2
Apache Sqoop 1.4.2 Apache 2
Apache Oozie 3.2.0 Apache 2
For HDP 1.1 for Windows patch information, refer to the HDP 1.1 for Windows Release Notes.

HDP 1.0.1

Platform Components Version License Terms
Component Version Apache Hadoop 1.0.3 Apache 2
Apache Hive 0.9.0 Apache 2
Apache HCatalog 0.4.0 Apache 2
Templeton 0.1.4 Apache 2
Apache HBase 0.92.1 Apache 2
Apache ZooKeeper 3.3.4 Apache 2
Apache Pig 0.9.2 Apache 2
Apache Sqoop 1.4.1 Apache 2
Apache Oozie 3.1.3 Apache 2
Apache Ambari 0.9 Apache 2
For HDP 1.0.1 patch information, refer to the HDP 1.0.1 Release Notes.
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