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HORTONWORKS BIG DATA ANALYTICAL TOOL TERMS OF USE

PLEASE READ THIS HORTONWORKS BIG DATA ANALYTICAL TOOL TERMS OF USE BEFORE USING THE HORTONWORKS BIG DATA MATURITY ASSESSMENT TOOL (THE “TOOL”). BY CLICKING THROUGH TO THE TOOL LANDING PAGE AND UTILIZING THE TOOL, YOU ARE AGREEING TO THE TERMS SET FORTH HEREIN. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS AND UTILIZE THE TOOL, INCLUDING THE AUTHORITY TO PROVIDE THE INFORMATION AS REQUESTED BY THE TOOL, ON BEHALF OF THAT ENTITY. IF YOU DO NOT ACCEPT THESE TERMS, THEN PLEASE EXIT THIS PAGE AND DO NOT USE THIS TOOL.

  1. PRIVACY POLICY.

Any contact information you provide when you use the Tool shall be subject to our Hortonworks Privacy Policy which can be found at:  https://hortonworks.com/agreements/privacy-policy/.

  1. NO DISSEMINATION.

The Tool utilizes proprietary analytical engines designed to provide you with customized analysis of your company’s big data maturity level.  As such, you agree not to disseminate any results, analysis, documents, white papers, or other information generated or provided utilizing the Tool to any third party without the express written consent of Hortonworks.

  1. STORAGE AND USE OF INFORMATION.

Hortonworks uses third party storage and analytics vendors to provide you with the analysis generated by the Tool.  You hereby agree and consent to the use of these third party vendors to access, store, and utilize the information submitted by you for the purposes of generating the analysis and related documents and information as you have requested in utilizing the Tool.  All information submitted by you shall be kept confidential.  You agree that Hortonworks may use the information you have submitted in anonymized form in order to improve the analytical capabilities of the Tool, including the use of such information to provide improvements to the industry-wide statistical analysis in the results.

  1. LIMITATION OF LIABILITY. IN NO EVENT WILL HORTONWORKS BE LIABLE UNDER THESE TERMS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, LOSS OF INCOME, OR LOSS OF BUSINESS ADVANTAGE), WHETHER OR NOT FORESEEABLE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HORTONWORKS CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED $100.00 (USD). THESE LIMITATIONS OF LIABILITY WILL REMAIN IN FULL FORCE AND EFFECT, REGARDLESS OF WHETHER EITHER PARTY’S REMEDIES HEREUNDER ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOS 
  1. NO WARRANTY. The use of the Tool is at your own risk.  Any analysis, documentation, or information of any kind provided by Hortonworks when utilizing the Tool is provided “as-is”.  HORTONWORKS DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE USE OF THE TOOL.  WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HORTONWORKS EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE AND ANY REPRESENTATION, WARRANTY, OR COVENANT BASED ON COURSE OF DEALING OR USAGE IN TRADE.
  1. GENERAL.

6.1                 Governing Law and Venue.  These terms are governed by and will be construed in accordance with the laws of the State of California, without regard to conflict of law principles. You acknowledge and agree that these terms relate solely to the use of the Tool (not the sale of goods) and, accordingly, 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 these terms.  Any legal action or proceeding arising under these terms 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.

6.2                 Severability.  If any provision of these terms are 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.

6.3                 No Waiver. The failure of a party to enforce any provision or exercise any right under these terms 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.

6.4                 No Third Party Beneficiaries. These terms are intended to be, and are solely for the benefit of, Hortonworks and the entity that you represent and do not create any right in favor of any third party.

6.5                 Compliance with Export and Other Laws. You acknowledge 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. You represent that (1) you are not or the entity you represent 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 these terms 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.

6.6                  Entire Agreement. These terms constitute the entire agreement between the parties concerning the subject matter hereof. Any additional or conflicting terms contained in any other document is hereby expressly rejected and shall have no force or effect on these terms.