Terms of Service

Last Updated: January 21, 2015

Please read these terms of service (these “Terms“) carefully as they form a contract between you and StreamSets, Inc., a Delaware corporation, (“StreamSets“, “we“, “us“, or “our“) that governs your access and use of: (a) the files, materials, information, data, text, audio, video, images or other content (collectively, “Content“) made available to you either directly from us or that you obtain from streamsetsdev.wpengine.com or any related StreamSets websites (collectively, the “Site“); (b) any software provided or made available by StreamSets (the “Software“); and, (c) any written or electronic use or features guides or other documentation provided or made available by StreamSets (the “User Guides“) (collectively the “Service(s)“).

By registering or using any of the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to StreamSets that you have the authority to bind that organization to these Terms (in which event, “you” and “your” will refer to that organization) unless that organization has a separate written contract in effect with us, in which event the terms of that contract will govern your use of the Service. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with StreamSets and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES. Should you have any questions concerning this Agreement, please contact legal@streamsets.com.

Please note that StreamSets doesn’t provide warranties for the Services. This contract also limits our liability to you. See Sections 15 and 17 for details.

1. CHANGES TO THESE TERMS

We reserve the right to revise these Terms from time to time. We will date and post the most current version of these Terms on the StreamSets website. Any changes will be effective upon posting the revised version of these Terms on the Service (or such later effective date as may be indicated at the top of the revised Terms). If, in our sole discretion, we deem a revision to these Terms to be material, we will notify you via the Service and/or by email if your email address is available to us at the time of such change. Notice of other changes may be provided via the Site. Therefore, we encourage you to check the date of these Terms whenever you visit the Site to see if these Terms have been updated. Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you don’t agree to any of the changes, we’re not obligated to continue providing the Service, and you must cancel and stop using the Service.

2. ACCESS TO THE SERVICE

Your ability to use and access the Services is dependent on your continued compliance with these Terms. We reserve the right, in our sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and or suspend or stop a Service altogether, at any time and without prior notice to you.

3. YOUR ACCOUNT

(a)        To obtain access to certain Services, you may be required to obtain an account with StreamSets (become a “Registered User“), by completing a registration form and designating a user ID and password. Until you apply for and become a Registered User, your access to the Service will be limited to the areas of the Service, if any, that StreamSets makes available to the general public. When registering with StreamSets you must: (i) provide true, accurate, current and complete information about yourself as requested by the Service’s registration form (such information being the “Registration Data“) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

(b)        Only you may use your StreamSets account, except that if you are an entity you may permit your employees to use your StreamSets account solely for your benefit. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for such use. You must contact us right away if you suspect misuse of your account or any security breach in the Service. You are responsible for all activities that take place with your account. StreamSets will not be liable for any loss or damage arising from any unauthorized use of your accounts.

(c)        If a third party such as an employer gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account’s usage and profile data, including how and when your account is used; and read or store Content in your account. If you are an individual Registered User of the Service, and the domain of the primary email address associated with your account is owned by an organization and was assigned to you as an employee, contractor or member of such organization, and that organization wishes to establishes a commercial relationship with us and add your account to such relationship, then, if you do not change the email address associated with your account, your account may become subject to the commercial relationship between StreamSets and such organization and controlled by such organization.

4. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with StreamSets, you understand that we may send you communications or data regarding the Services, including but not limited to: (a) notices about your use of the Services, including any notices concerning violations of use, (b) updates, and (c) promotional information and materials regarding StreamSets’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message, or provided in the appropriate section of the Site.

5. CONTENT

(a)        We don’t claim ownership of any Content that you upload to your account(s). However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you grant us the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) in connection with the Services and to incorporate such Content into other services and works in any format or medium now known or later developed. “Publicly accessible” areas are those areas of the Sites and Services that are intended by us to be available to the general public. By way of example, publicly accessible areas of the Sites would include message boards and forums that are open to both members and visitors.

(b)        You represent and warrant that: (i) you have all the rights in the Content necessary for you to use the Service and to grant the rights in this Agreement; and, (ii) the storage, use or transmission of the Content doesn’t violate any law or these Terms.

(e)        You will: (i) be solely responsible for the nature, quality and accuracy of the Content; (ii) ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (iii) promptly handle and resolve any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person’s rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (iv) maintain appropriate security, protection and backup copies of the Content, which may include, your use of additional encryption technology to protect the Content from unauthorized access. StreamSets will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.

(f)         You will immediately notify StreamSets in writing of any unauthorized use of any (i) Content (ii) any Account or (iii) the Service that comes to your attention. In the event of any such unauthorized use by any third party that obtained access through you, you will take all steps necessary to terminate such unauthorized use. You will provide StreamSets with such cooperation and assistance related to any such unauthorized use as StreamSets may reasonably request.

6. CONTENT STORED IN THE UNITED STATES

The Service is provided from the United States. By using and accessing the Service, you understand and consent to the storage and processing of the Content and any other personal information in the United States. StreamSets reserves the right to store and process personal information outside of the United States.

7. UPDATES, SUSPENSION AND TERMINATION OF CUSTOMER’S USE OF THE SERVICE

(a)        StreamSets reserves the right, in its sole discretion, to make unscheduled deployments of changes, updates or enhancements to the Service at any time.

(b)        StreamSets may, in its sole discretion, for any or no reason, and without penalty suspend or terminate any account (or any part thereof) you may have with StreamSets, or your use of or access to the Service remove or discard all or any part of Your account, user profile, and any Content, at any time and without providing prior notice to you. StreamSets will not be liable to you or to any third party for any such termination or suspension regardless of the reason for such termination or suspension. StreamSets may refer any suspected fraudulent, abusive, or illegal activity may to appropriate law enforcement authorities. These remedies are in addition to any other remedies StreamSets may have at law or in equity. StreamSets does not permit copyright infringing activities on the Service, and may terminate access to the Service, and remove any Content or other content submitted by any users who are found to be repeat infringers. Should StreamSets terminate this Agreement for convenience prior to the completion of any particular subscription period, your sole remedy is a pro-rata refund of the unused portion of the purchase price paid for the unavailable Service. Usage-based charges are not refundable for any reason.

(c)        STREAMSETS RESERVES THE RIGHT TO ADD OR REMOVE FUNCTIONALITY OR FEATURES, ALTER, REMOVE, DISCONTINUE OR SUSPEND ANY PORTION OF THE SERVICE OR THE CONTENT ON THE SERVICE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION; AND, STREAMSETS WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH ACTIONS OR CHANGES.

(d)        Your only remedy with respect to any dissatisfaction with (i) the Service; (ii) any term of these Terms; (iii) any policy or practice of StreamSets in operating the Service, or (iv) any Content or information transmitted through the Service, is to terminate these Terms and Your account. You may terminate these Terms at any time by discontinuing use of any and all parts of the Service and providing StreamSets written notice of such termination.

(e)        Upon termination by StreamSets, for reasons other than cause, or at your direction, you may request access to your Content, which we may make available for an additional fee. You must make such request with thirty (30) days following termination. Otherwise, any Content you have stored with the Service may not be retrievable, and we will have no obligation to maintain any data stored in your account.

(f)         The following provisions survive the termination of these Terms: 4, 5, 9(b), 11(d), 11(e), 12, 13, 14, 15, 16, 17, 18, and 19.

8. ACCEPTABLE USE

(a)        You must not use the Service to harm others or the Service. For example, you must not use the Service to harm, threaten, or harass another person, organization, or StreamSets and/or to build a similar service or website. You must not: damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, or periodic caching of information stored by StreamSets) to access or use the Service. In addition, you promise that you will not and will not encourage or assist any third party to:

(i) modify, alter, tamper with, repair or otherwise StreamSets derivative works of any Software;

(ii) reverse engineer, disassemble or decompile the software used to provide or access the Service, including the Software, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;

(iii) use the Service in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, any User Guides or any other policy, instruction or terms applicable to the Service that are available on the Service (“Policies“);

(iv) sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party;

(v) remove, obscure or alter any proprietary rights notice pertaining to the Service;

(vi) access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;

(vii) use the Service in connection with the construction or operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Service could lead to death, personal injury, or physical property or environmental damage;

(viii) use the Service to: (1) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (2) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (3) advertise or promote a commercial product or service that is not available through StreamSets, in a manner not expressly authorized by StreamSets; (4) store or transmit inappropriate Content, such as Content: (a) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (b) containing any material that encourages conduct that could constitute a criminal offense, or (c) that violates the intellectual property rights or rights to the publicity or privacy of others; (5) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (6) abuse, harass, stalk or otherwise violate the legal rights of a third party;

(ix) interfere with or disrupt servers or networks used by StreamSets to provide the Service or used by other users’ to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of any Software or the Service;

(x) access or attempt to access StreamSets’s other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;

(xi) cause, in StreamSets’s sole discretion, inordinate burden on the Service or StreamSets’s system resources or capacity; or,

(xii) share passwords or other access information or devices or otherwise authorize any third party to access or use the Software or the Service.

(b)        StreamSets reserves the right, in its sole discretion, to deactivate, change and/or require you to change your StreamSets user ID and any custom or vanity URLs, custom links, custom handles, or vanity domains you may obtain through the Services for any reason or for no reason. StreamSets may exercise such right at any time, with or without prior notice. We will make all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. We will not assume or have any liability for any action or inaction with respect to any Content.

9. SOFTWARE

(a)        If you receive Software from us, its use is governed in one of two ways: If you’re presented with license terms that you must accept in order to use the Software, those terms apply; if no license is presented to you, these Terms apply. We reserve all other rights to the Software. We may automatically check your version of the Software. We may also automatically download to your computer or device new versions of the Software.

(b)        Any Software is licensed, not sold. Unless we notify you otherwise, the Software license ends when your Service ends. You must then promptly uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software.

10. INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Services and transfer, posting and uploading of software, technology, and other technical data via the Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Services to export-prohibited parties or countries; (c) will not use the Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

11. THIRD PARTY SERVICES AND CONTENT

(a)        You will not use the Services to conduct any commercial transactions unless expressly permitted by StreamSets. All transactions using the Services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole; you acknowledge that we are not responsible for such content or services. We may also provide some content to you as part of the Services. However, we are not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party.

(b)        We have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

(c)        When using the Service, we may provide you with access to content and information from a variety of sources, including Content generated by StreamSets (collectively, “Third Party Content”). The Third Party Content may have additional obligations and restrictions that apply to it. You hereby agree to abide by any such obligations or restrictions. Unless otherwise expressly permitted in writing by StreamSets or the owner of the Third Party Content, you will only use Third Party Content for your internal business purposes.

(d) Unless otherwise expressly permitted in writing by StreamSets or the owner of the Third Party Content you will: (a) treat as confidential and preserve the confidentiality of all Third Party Content; (b) take the same degree of care to prevent disclosure of the Third Party Content as you take to preserve and safeguard your own confidential or proprietary information, but, in any event, no less than a reasonable degree of care; (c) not copy, disclose or make available such Third Party Content (or permit others to do so); (d) limit dissemination of the Third Party Content solely to employees (“Representatives”) to whom disclosure is necessary for your internal business purposes, but only if such Representatives have agreed, in writing prior to receiving the Third Party Content, to maintain the confidentiality thereof on terms at least as protective as the terms of this Section and your have notified such Representatives that the Third Party Content must be kept in confidence in accordance with this Agreement; and, (e) promptly return or destroy all Confidential Information at our request. If any Representative(s) disclose or use Third Party Content other than as authorized in this Agreement, you will be liable to us for such disclosure or use to the same extent you would have been had you disclosed or used the Third Party Content. If you become aware of any loss or unauthorized disclosure of Third Party Content, you will promptly notify us of such and use your best efforts to retrieve such Third Party Content.

(e)        Such Third Party Content may be inaccurate, outdated, or have other problems. StreamSets is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any Third Party Content. StreamSets does not endorse any Content or Third Party Content or any opinion, recommendation, or advice expressed therein, and StreamSets expressly disclaims any and all liability arising from the Content or Third Party Content. YOU HEREBY WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST STREAMSETS WITH RESPECT THERETO, AND WILL INDEMNIFY AND HOLD STREAMSETS AND ITS LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR CONTENT AND USE OF THE SERVICE.

12. STREAMSETS PROPRIETARY RIGHTS

As between StreamSets and you, StreamSets or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, including any Third Party Content we provide to you, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by StreamSets. In the event that you provide comments, suggestions and recommendations to StreamSets with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service) (collectively, “Feedback“), You hereby grant to StreamSets a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Service.

13. PRIVACY

(a)        In order to operate and provide the Service, we collect certain information about you. As part of the Service, we may also automatically upload information about your computer or device, your use of the Service, and Service performance. We use and protect that information as described in the privacy policy located on the streamsetsdev.wpengine.com site. You further acknowledge and agree that we may access or disclose information about you, including the content of your communications, in order to: (i) comply with the law or respond to lawful requests or legal process; (ii) protect the rights or property of StreamSets or our customers, including the enforcement of our agreements or policies governing your use of the Service; or (iii) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of StreamSets employees, customers, or the public.

(b)        We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching these Terms. The technology or other means we use may hinder or break your use of the Service.

14. NO WARRANTY

(a)        STREAMSETS, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE PAST AND PRESENT OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “STREAMSETS PARTIES”) PROVIDE THE SERVICE AND CONTENT “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE STREAMSETS PARTIES MAKE NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) ANY REPRESENTATION OR WARRANTY: (I) RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE; (II) RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS (OR THE LACK THEREOF) IN THE SERVICE, OR ANY PART THEREOF; (III) THAT THE SERVICE OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS; (IV) THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; (V) RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE; (VI) RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF THE STREAMSETS PARTIES AND (VII) THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON; OR (B) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

(b)        NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STREAMSETS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY. YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE OR ANY THIRD-PARTY SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

(c)        SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH JURISDICTIONS, THE FORGOING EXCLUSION ARE LIMITED AS REQUIRED BY LAW.

15. INDEMNIFICATION

(a)        You will indemnify, defend and hold harmless the StreamSets Parties from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of: (i) any claim due to or arising out of Your violation of these Terms, including but not limited to a claim arising out of a breach of Your representations or warranties made hereunder; (ii) your use or misuse of or access to the Service; (iii) your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that you or your Content caused damage to a third party; or, (v) any other of your activities or omissions.

(b)        StreamSets reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify StreamSets, and you will cooperate with StreamSets’ defense of these claims.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL STREAMSETS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF STREAMSETS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF STREAMSETS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN AMOUNT EQUAL TO TWELVE MONTHS OF YOUR SERVICE FEE FOR THE SERVICE OR FIVE DOLLARS ($5.00). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

17. GOVERNING LAW; LOCATION FOR RESOLVING DISPUTES

The laws of the State of Delaware govern the interpretation of these Terms and apply to claims for breach of these Terms, regardless of conflict of laws principles. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. If You reside in the United States, any dispute arising out of or relating to these Terms or Your access to or use of the Service will be subject to the exclusive jurisdiction of the state and federal courts for Boulder County in the State of Colorado, and You hereby submit to the personal jurisdiction of such courts. If You do not reside in the United States, any dispute arising out of or relating to these Terms or Your access to or use of the Service will be resolved by binding arbitration administered in Denver, Colorado. YOU MUST COMMENCE ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

18. NOTICES

We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the Service. You may provide legal noticed to us via email to legal@streamsets.com with a duplicate copy sent via registered mail, return receipt requested, to the following address: StreamSets, Inc. 180 Sansome St., Ste-400, San Francisco, CA 94104 Attn: Legal. Any such notice, in either case, must specifically reference that it is a notice given under these Terms.

19. MISCELLANEOUS

19.1. Severability; Entire Agreement

These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.

19.2. Assignment and transfer

We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service.

19.3. Independent Contractors; No third-party beneficiaries

StreamSets and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

19.4. Claims

Claims must be filed within one year. You must bring any claim related to these Terms or the Service within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn’t filed in time, the claim is permanently barred.

19.5. Waiver

The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.

19.6. Government Use

If you are a U.S. government entity, you acknowledge that any Software and User Guides that are provided are “Commercial Items” as defined at 48 C.F.R. 2.101, and are being provided as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.

20. COPYRIGHT COMPLAINTS AND REMOVAL POLICY

(a)        StreamSets does not tolerate content that infringes any copyright or other intellectual property rights or otherwise violates these Terms and will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and are properly provided to us. StreamSets reserves the right to delete or disable any Content alleged to violate these Terms and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement is:

StreamSets, Inc.

180 Sansome St., Ste – 400

San Francisco, CA – 94104

Attn: Legal

 

(b)        The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

(i)         A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;

(ii)        A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii)       A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit StreamSets to locate the material;

(iv)       Information reasonably sufficient to permit StreamSets to contact You, such as an address, telephone number, and, if available, an electronic mail address;

(v)        A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)       A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

21. INTELLECTUAL PROPERTY NOTICES

All contents of the Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are: Copyright © 2014 StreamSets, Inc. and/or the proprietary property of its suppliers, affiliates, or licensors. All Rights Reserved.

StreamSets and the StreamSets logo are including without limitation, either trademarks, service marks or registered trademarks of StreamSets, LLC, and may not be copied, imitated, or used, in whole or in part, without StreamSets’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

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