This Dremio Hub Connector License Agreement (this “Agreement”) is a legal agreement between you (both the individual downloading or otherwise procuring the Connector and any legal entity on behalf of which such individual is acting) (“You”) and Dremio Corporation, a Delaware corporation, with its principal place of business at 3970 Freedom Circle #110, Santa Clara, CA 95054 USA (“Dremio”) regarding the connector program and any updates or supplements thereto (“Connector”) submitted by its publisher (“Publisher”) to Dremio, which Dremio makes available for download on Dremio’s connectors marketplace.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE CONNECTOR AND BEFORE ACCEPTING ITS TERMS. BY CLICKING THE “I ACCEPT” BUTTON LOCATED AT THE BOTTOM OF THIS PAGE, YOU ARE INDICATING THAT YOU HAVE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT OR ARE NOT AUTHORIZED TO BIND THE ENTITY ON BEHALF OF WHICH YOU ARE ACTING, PLEASE CLICK THE “I DO NOT ACCEPT” BUTTON AND DO NOT DOWNLOAD, INSTALL OR USE THE CONNECTOR. WITHOUT LIMITING THE FOREGOING, DOWNLOADING, INSTALLING OR USING ANY PORTION OF THE CONNECTOR INDICATES THAT YOU ACCEPT THESE TERMS.
- License Grant. Subject to the terms and conditions of this Agreement, Dremio grants you, on behalf of the Publisher, a limited, worldwide, non-transferable, non-sublicensable, non-exclusive license to use the Connector solely in conjunction with Dremio’s software. You acknowledge that you are obtaining only a limited license right to the Connector and that no ownership rights are being conveyed to you under this Agreement or otherwise. If documentation is provided with the Connector, you may copy and us the documentation for internal reference purposes only.
- Use Restrictions. The Connector is licensed to you for internal use only and must be used only on servers owned or controlled by you (including, for avoidance of doubt, virtual servers that are provisioned by cloud providers, if you exercise virtual control over such servers). You shall not (and shall not allow any third party to): (a) copy or reproduce the Connector (or any part thereof), except (i) to the extent required to directly support authorized use under the licenses granted herein, or (ii) to make one copy of the Connector for backup purposes (provided, in each case, that the copy contains all original proprietary notices); (b) decompile, reverse engineer or attempt to identify or discover any source code or underlying algorithms of the Connector by any means whatever, or disclose any of the foregoing; (c) provide, distribute, allow access or otherwise transfer or use the Connector or any portion thereof to or for any third party; (d) modify or create a derivative work based on any part of the Connector; (e) remove or alter any proprietary notices appearing in the Connector; or (f) disclose the results of any benchmarking of the Connector.
- Term and Termination. This Agreement will remain in effect until terminated as set forth herein. Dremio may terminate this Agreement at any time, for any reason, upon written notice to you. If the underlying Agreement between Dremio and Publisher is terminated, this Agreement will automatically terminate. Upon termination of this Agreement, your license to use the Connector will be terminated and you will cease any use of the Connector.
- Disclaimer. THE CONNECTOR IS PROVIDED TO YOU “AS-IS”, AND ANY USE YOU MAKE OF THE CONNECTOR IS UNVERIFIED, UNSUPPORTED AND AT YOUR OWN RISK. NEITHER DREMIO NOR PUBLISHER MAKE ANY WARRANTIES, REPRESENTATIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE CONNECTOR, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Any support requests regarding the Connector must be submitted to the Publisher, which will in its sole discretion handle such requests.
- Limitation of Liability. NEITHER DREMIO NOR PUBLISHER WILL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), ARISING IN CONNECTION WITH THE CONNECTOR, YOUR USE THEREOF OR OTHERWISE THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF DREMIO OR PUBLISHER WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. DREMIO’S OR PUBLISHER’S ENTIRE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED US$100. THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- This Agreement will be governed by and construed in accordance with the laws of California without reference to conflicts of laws principles. Any term of this Agreement may be amended or waived only with the written consent of both parties. Any notice required or permitted to be given under this Agreement shall be delivered (i) by hand, (ii) by registered or certified mail, postage prepaid, return receipt requested, to the address of the other party set forth above, or to such other address as a party may designate by written notice in accordance with this Section 10, (iii) by overnight courier, or (iv) by fax or e-mail with receipt confirmed. Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. This Agreement may not be assigned by you without Dremio’s consent. Any assignment made in contravention of the above will be void and of no effect. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be severed from the Agreement and the remainder of this Agreement will be interpreted so as to best reflect the original intent of the parties. This Agreement constitutes the sole entire agreement between the parties pertaining to the subject matter hereof, and supersedes all oral negotiations and prior writings with respect to the subject matter within this Agreement.
BY DOWNLOADING, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THIS END USER LICENSE AGREEMENT IN ITS ENTIRETY, (2) YOU AGREE TO BE BOUND BY THIS AGREEMENT, (3) THE INDIVIDUAL SO CLICKING HAS THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOU AND, (4) BY SO CLICKING, THIS AGREEMENT CONSTITUTES YOUR BINDING AND ENFORCEABLE OBLIGATIONS.