SUPPLEMENTAL LEGAL TERMS
Presto Suite License Agreement
“SOFTWARE” IS ONE OR MORE OF THE FOLLOWING COMPONENTS: PRESTO SERVER, PRESTO CLI, PRESTO ADMIN TOOL, PRESTO PLUGIN FOR APACHE AMBARI, PRESTO YARN PACKAGE, TERADATA JDBC DRIVERS FOR PRESTO, AND TERADATA ODBC DRIVERS FOR PRESTO
IMPORTANT - READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. TERADATA WILL LICENSE THE SOFTWARE TO YOU ONLY IF YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND MEET THE CONDITIONS FOR USING THE SOFTWARE DESCRIBED BELOW. BY INSTALLING OR USING THE SOFTWARE, OR BY CLICKING THE “I AGREE” ICON OR CHECKBOX, YOU (1) AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND (2) REPRESENT AND WARRANT THAT YOU POSSESS THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOU, AND/OR YOUR EMPLOYER (WHEN ACTING ON BEHALF OF YOUR EMPLOYER). IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
REGARDLESS OF WHETHER A COMPONENT OF THE SOFTWARE IS DOWNLOADED FROM A THIRD PARTY SITE OR A TERADATA SITE OR WHETHER IT IS DOWNLOADED PRIOR TO OR AFTER THE DOWNLOAD OF THE SOFTWARE THAT ACCOMPANIES THIS AGREEMENT, BY CLICKING THE “I AGREE” ICON OR CHECKBOX OR BY INSTALLING OR USING ANY COMPONENT OF THE SOFTWARE AFTER ENTERING INTO THIS AGREEMENT, YOU AGREE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY TO YOUR USE OF ALL OF THE SOFTWARE COMPONENTS LISTED ABOVE. IF YOU DO NOT ACCEPT THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY TO YOUR USE OF ALL OF THE SOFTWARE COMPONENTS IDENTIFIEDABOVE, DO NOT USE OR CONTINUTE TO USE ANY OF THE SOFTWARE COMPONENTS IDENTIFIEDABOVE.
This License Agreement (“Agreement”) is a legal contract between you (as defined below) and Teradata (as defined below) regarding the Software (as defined below). The terms “you”, “your” and “yours” collectively and individually refer to you as an individual and to your employer when you are acting on behalf of your employer. The term “Teradata” refers to either Teradata U.S., Inc. for Software deliveries in the US or Teradata Ireland Ltd. for Software deliveries outside the United States. “Software” refers to the software components identified above, which consists of computer software code in object code form only, as well as associated documentation that Teradata may elect in its sole discretion to provide you. “Software” also includes any and all error corrections, bug fixes, updates, upgrades, or new versions or releases of the Software (collectively and individually, “Enhancements”) that Teradata may elect in its sole discretion to provide you.
1. Term. This Agreement commences on the earliest date of the first download, first copying, first installation, or first use of the Software (the “Effective Date”). This agreement, including your license to the Software, remains in effect until terminated as provided herein.
2. Proprietary Components. The following components of the Software, as well as the associated documentation, are proprietary (the “Proprietary Components”) and are licensed subject to the license terms in this Section 2 (the “Proprietary License”).
TERADATA JDBC DRIVERS FOR PRESTO
TERADATA ODBC DRIVERS FOR PRESTO
(a) Subject to your compliance with all of the terms and conditions of this Agreement and only during the term of this Agreement, Teradata grants you a nonexclusive, nontransferable, paid up license to install and internally use the Proprietary Components on your computer. Internal use does not include providing hosting, service bureau, or application service provider services for third parties and is specifically excluded from this license.
(b) You will not sell, copy, rent, loan, modify, transfer, disclose, embed, sublicense, create derivative works of or distribute the Proprietary Components, in whole or in part, without Teradata’s prior written consent. You are granted no rights to obtain or use the Proprietary Components’ source code. You will not reverse-assemble, reverse compile or reverse-engineer the Proprietary Components, except as expressly permitted by applicable law without the possibility of contractual waiver. Notwithstanding anything to the contrary, you do not have any license, right, or authority to subject the Proprietary Components, in whole or in part or as part of a larger work, to any terms of any other agreement, including GNU Public Licenses.
(c) No license rights to the Proprietary Components will be implied. The Proprietary Components, which includes all copies thereof (whether in whole or in part), is and remains the exclusive property of Teradata and its licensors. Teradata reserves the right to inspect your use of the Proprietary Components for purposes of verifying your compliance with the terms and conditions of this Agreement.
3. Apache Components. The following components of the Software (the “Apache Components”), as well as associated documentation, are licensed subject to the attached Apache License, Version 2.0 (the "Apache License").
PRESTO ADMIN TOOL
PRESTO PLUGIN FOR APACHE AMBARI
PRESTO YARN PACKAGE
You may not use the Apache Components except in compliance with the Apache License.
4. Third Party Software. The term Third Party Software means computer programs or modules (including their documentation) that bear the logo, copyright and/or trademark of a third party (including open source software that are contained in files marked as “open source” or the like) or are otherwise subject to written license terms. Third Party Software does not constitute Software. Third Party Software is licensed to you subject to the applicable license terms accompanying it, included in/with it, referenced in it, or otherwise entered into by you with respect to it. Third Party Software license terms include those found in the FOSS licensing zip file accompanying the Software. Teradata provides source code to certain Third Party Software for certain periods of time in compliance with certain applicable licenses. To request such source code, visit http://community.teradata.com/download/license/oss-request.
5. Responsibilities. You are responsible for the installation of the Software, as well as for providing data security and backup operations. This Agreement does not require Teradata or any of its licensors to provide you with any Enhancements, consulting services, technical assistance, installation, training, support, or maintenance of any kind (collectively and individually, “Services”). To the extent that Teradata elects to provide you with any Services, such Services are provided to you at Teradata’s sole discretion and may be modified or discontinued at any time for any reason.
6. DISCLAIMER OF WARRANTY. TERADATA: (a) LICENSES THE SOFTWARE, (b) PROVIDES THIRD PARTY SOFTWARE, AND (c) PROVIDES SERVICES (IF ANY) TO YOU ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND (ORAL OR WRITTEN, EXPRESS OR IMPLIED, OR STATUTORY). WITHOUT LIMITATION TO THE FOREGOING, THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TERADATA DOES NOT WARRANT THAT THE SOFTWARE, THIRD PARTY SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR CONFORM TO ANY SPECIFICATIONS, OR THAT THE OPERATION OF THE SOFTWARE OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU BEAR THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND RESULTS OBTAINED FROM THE SOFTWARE, THIRD PARTY SOFTWARE, AND SERVICES.
SOME JURISDICTIONS RESTRICT DISCLAIMERS OF WARRANTY, SO THE ABOVE DISCLAIMERS MAY NOT FULLY APPLY TO YOU.
7. LIMITATIONS ON LIABILITY: UNDER NO CIRCUMSTANCES WILL TERADATA’S AND ITS LICENSORS’ TOTAL CUMULATIVE LIABILITY FOR CLAIMS RELATING TO THIS AGREEMENT, THE SERVICES, THE SOFTWARE, AND/OR THIRD PARTY SOFTWARE (WHETHER BASED IN CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED US$1,000; PROVIDED, HOWEVER, THAT THE FOREGOING WILL NOT APPLY TO CLAIMS FOR (A) PERSONAL INJURY, INCLUDING DEATH, TO THE EXTENT CAUSED BY TERADATA'S NEGLIGENCE OR WILLFUL MISCONDUCT; OR (B) PHYSICAL DAMAGE TO TANGIBLE REAL OR PERSONAL PROPERTY TO THE EXTENT CAUSED BY TERADATA'S NEGLIGENCE OR WILLFUL MISCONDUCT EQUAL TO THE AMOUNT OF DIRECT DAMAGES UP TO ONE MILLION DOLLARS PER OCCURRENCE. IN NO EVENT WILL TERADATA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, TIME, OPPORTUNITY OR DATA, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS RESTRICT LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU.
8. Government Restrictions. You agree that you will not, directly or indirectly, export or transmit any Software without obtaining Teradata’s prior written authorization, as well as appropriate governmental approvals, including those required by the U.S. Government. Use and or distribution of this software is subject to export laws and regulations of the United States and other jurisdictions. The links below connect you to applicable U.S. government agencies, and their regulations, that have jurisdiction over this transaction.
In downloading this product, you acknowledge that this transaction is subject to applicable export control laws and that your download, use and/or subsequent distribution of this product is not prohibited under applicable laws and regulations.
The Government’s use, duplication, or disclosure of Teradata’s commercial computer software and commercial computer software documentation is subject to: (a) the Restricted Rights Notice set forth in 48 C.F.R. ¶ 52.227-14 (Rights In Data - General); (b) Teradata’s standard commercial license rights supplemented by 48 C.F.R. ¶ 52.227-19 (Commercial Computer Software - Restricted Rights); and/or (c) the limited rights and license set forth 48 CFR ¶ 252.227-7015 (Technical Data–Commercial Items), as applicable.
9. Termination and Expiration. A party may terminate this Agreement with or without cause, upon providing written notice to the other parties. When this Agreement terminates or expires, you will immediately cease all use of the Software, permanently remove the Software from all workstations, destroy all copies of the Software, and (upon receipt of Teradata’s request) provide a signed written certification that the foregoing has occurred. Sections 6, 7, 8, 9, 10, 11, 12, and 13 will survive expiration or termination of this Agreement.
10. Choice of Law and Dispute Resolution. The parties will attempt in good faith to resolve any controversy or claim by negotiation or mediation. If they are unable to do so, and regardless of the causes of action alleged and whether they arise under this Agreement or otherwise, the claim will be resolved by arbitration before a sole arbitrator in Dayton, Ohio pursuant to the then-current Commercial Rules of the American Arbitration Association and the federal substantive and procedural law of arbitration. The arbitrator’s award will be final and binding, and may be entered in any court having jurisdiction thereof, but may include only damages consistent with the limitations in this Agreement. Each party will bear its own attorney's fees and costs related to the arbitration. The obligations to negotiate, mediate and arbitrate shall not apply to claims for misuse or infringement of a party’s intellectual property rights. Any claim or action must be brought within two years after the claimant knows or should have known of the claim. New York law will govern the interpretation and enforcement of this Agreement, except that the Federal Arbitration Act will govern the interpretation and enforcement of the arbitrability of claims under this Section.
11. Feedback. Notwithstanding anything to the contrary: (a) Teradata will have no obligation of any kind with respect to any Software-related comments, suggestions, design changes or improvements that you elect to provide to Teradata in either verbal or written form (collectively, “Software Feedback”), and (b) Teradata and its affiliates are hereby free to use any ideas, concepts, know-how or techniques, in whole or in part, contained in Software Feedback: (i) for any purpose whatsoever, including developing, manufacturing, and/or marketing products and/or services incorporating Software Feedback in whole or in part, and (ii) without any restrictions or limitations, including requiring the payment of any license fees, royalties, or other consideration.
12. Confidentiality. You will not disclose the results of any testing or evaluations, including any benchmarks, insofar as it relates to the Software without Teradata’s prior written consent.
Apache License, Version 2.0
Version 2.0, January 2004
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
- You must give any other recipients of the Work or Derivative Works a copy of this License; and
- You must cause any modified files to carry prominent notices stating that You changed the files; and
- You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
- If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions.
Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty.
Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. 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, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (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 such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability.
While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
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