April 17, 2024

This Hosted Data Collector Addendum (“Addendum”) forms a part of, and is subject to, the terms and conditions of the StreamSets Platform Subscription Terms of Service, including all attachments referenced therein (“Agreement”), between the party identified as the “Customer” in the Agreement and StreamSets.  Unless otherwise defined in this Addendum, all capitalized terms in this Addendum shall have the meanings set forth in the Agreement.

Customer acknowledges and agrees that the terms set forth in the Agreement, as modified by this Addendum, govern Customer’s use of Hosted Data Collector.  By clicking “Accept” or otherwise indicating acceptance of these terms, or by using the Hosted Data Collector, Customer agrees to be bound by the terms set forth herein.

RECITALS

A. StreamSets and Customer entered into the Agreement, pursuant to which StreamSets is providing to Customer a Free Usages license to certain StreamSets Products;

B. In the course of Customer’s Free Usages access to certain StreamSets Products, StreamSets offered, and Customer intends to use, a StreamSets Hosted Data Collector;

C. The terms set forth in the Agreement, as modified by this Addendum, shall govern Customer’s use of Hosted Data Collector.

 

The parties agree as follows:

1. Definitions

“Customer Data” means, for purposes of Hosted Data Collector, Pipeline Data.

“Hosted Data Collector” is a Data Tool provided by StreamSets that is subject to this Addendum, and is Software deployed in a StreamSets hosted cloud environment which, among other features, configures and runs Data Pipelines and collects Configuration Data and Pipeline Data.

2. Scope and Applicability of this Addendum
2.1 This Addendum applies to Customer’s use of Hosted Data Collector and any use by Customer of other StreamSets Products shall be governed by the Agreement.

3. License
3.1 Customer grants StreamSets a worldwide, irrevocable, non-transferable, non-assignable (except as permitted under the Agreement), sub-licensable, non-exclusive license to access, retrieve, store, copy, display, distribute, transmit and otherwise use Customer Data associated with the Hosted Data Collector in connection with maintaining, providing and/or making available the Hosted Data Collector.

4. StreamSets access to Pipeline Data
4.1 Notwithstanding Section 4 (Data) of the Agreement, parties hereby acknowledge and agree that, when Customer builds and orchestrates Data Pipelines using Hosted Data Collector, StreamSets will host and may have access to Customer Data. With respect to such Customer Data, StreamSets will have no responsibility or liability for Customer Data, including for security.

5. Additional Customer Restrictions
5.1 In addition to the restrictions set forth in Section 2.2 (Restrictions) of the Agreement, Customer acknowledges and agrees that it will not submit anything to the Service that constitutes Confidential Information under Section 15 of the Agreement. Further, Customer is solely responsible for: (i) its provision and use of Customer Data with the Hosted Data Collector; (ii) the accuracy, quality and content of the Customer Data; and (iii) obtaining all necessary rights, consents and permissions.  FOR THE AVOIDANCE OF DOUBT, CUSTOMER MAY USE THE HOSTED DATA COLLECTOR SUBJECT TO THE TERMS OF THE AGREEMENT AND THIS ADDENDUM, AND SOLELY FOR CUSTOMER’S INTERNAL EVALUATION AND TESTING PURPOSES. CUSTOMER WILL NOT PROCESS ANY LIVE DATA, INCLUDING PERSONAL DATA, IN CONNECTION WITH ITS EVALUATION AND TESTING OF THE HOSTED DATA COLLECTOR.

5.2 No Processing of GDPR Personal Data or Personal Information under the CCPA. Customer represents and warrants to StreamSets that it does not process personal data as defined under Art. 4 GDPR (“GDPR-relevant personal data”) which is subject to General Data Protection Regulation (EU) 2016/679 (“GDPR”), and GDPR-relevant personal data will not be provided to StreamSets under this Agreement. Customer shall inform StreamSets promptly should it become necessary to transmit or grant access to GDPR-relevant personal data, so that the parties will be able to discuss and agree on a contract for data processing in accordance with GDPR requirements. Customer acknowledges and agrees that unless and until such a contract is entered into between the parties, StreamSets shall not be responsible for any non-compliance with the GDPR. Customer further represents and warrants to StreamSets that it does not process personal information as defined under the California Consumer Privacy Act, Cal. Civ. Code sec. 1798.100, et seq (“CCPA”), including any laws amending, revoking, or replacing the CCPA. Customer shall indemnify StreamSets in full against any claims by third parties (including data protection supervisory authorities) arising from Customer’s breach of this clause.

6. Free Usage
6.1 For the avoidance of doubt, any and all use by Customer of Hosted Data Collector constitutes “Free Usages” under Section 17 (Free Usages) of the Agreement and Customer acknowledges that StreamSets provides no warranty, indemnity, data archiving, SLA or support for Free usages and its liability for Free Usages will not exceed US $500.