These DataStax Preview Terms (“Preview Terms”) are part of your customer agreement (the “Agreement”) between the person or entity agreeing to these terms (“Customer” or “You”), and DataStax, Inc., a Delaware corporation. The Agreement includes all of the applicable terms stated in these Preview Terms, and any other documents or terms expressly incorporated into these Preview Terms by reference. In interpreting the Agreement, these Preview Terms, your customer agreement, and any other documents, terms, or agreements shall take precedence in that order in the event of a conflict, to the extent of the conflict. These Preview Terms are effective as of the date Customer uses or downloads the applicable Preview Release, whichever occurs first.

Preview Release

Subject to the terms of the Agreement, you may only use the Preview Release solely for Preview Release testing purposes, and as further set out herein. “Preview Release” means the limited-release preview version of a specific product or products made available to you by DataStax.

DataStax reserves the right, in its sole discretion, to terminate the Preview Release under these Preview Terms at any time upon written notice to you, including but not limited to, requiring You to de-install the Preview Release or DataStax deleting your data inputted into the Preview Release. In connection with your use of the Preview Release, you will not upload, store, or utilize any Regulated Data with the Preview Release. “Regulated Data” means (i) any data that constitutes personal information under any applicable law, rule or regulation, (ii) Protected Health Information as defined under the Health Insurance Portability and Accountability Act of 1996, or payment cardholder information or other information subject to Payment Card Industry (PCI) Data Security Standard requirements, or (iii) any other data that if inadvertently disclosed, would trigger data breach notification laws.

Preview Testing

DataStax will, at its sole discretion, provide technical resources to assist with questions or issues with the Preview Release. You agree to test the Preview Release and provide DataStax with development and related data including comments, notes, bug reports and feature comments with sufficient documentation, samples, code error, screen shots, etc., to help DataStax evaluate and improve the Preview Release user interface, features, functionality, and/or product (“Development Data”). As part of the provision of Development Data, You agree to have your personal information collected by DataStax through the creation of Preview Release accounts that are used to access any DataStax demonstrated products. You may be asked to consent to have your user demonstration sessions recorded and monitored in order to collect usage data and related information.

DataStax welcomes your suggestions and feedback. If you provide any suggestions, feedback, or improvements to the Preview Release, DataStax will own and have the right to use and have others use such suggestions, feedback, and improvements for any purpose.

Upon your written approval, you agree to provide a press release, case study, and references for the Preview Release and/or the features and functionality you have tested in the Preview Release. All information regarding the Preview Release and your experience with it is Confidential Information of DataStax. You shall not blog or provide any external information to anyone outside DataStax regarding the Preview Release unless clearly state that your use was in a Preview capacity and You may not mention performance related metrics.

Future Generally Available Releases

Statements concerning the production release of any DataStax product are by nature forward-looking statements that involve a number of uncertainties and risks and are subject to change. Such statements are intended to reflect the current views of DataStax with respect to the production release of DataStax software or service and may ultimately be updated with different or contrary statements. Factors that could cause actual events or results to differ materially include shifts in customer demand, rapid technology changes, competitive factors, and unanticipated delays in scheduled product availability. There is no guarantee that a feature released in the Preview Release will ever become generally available. It may remain a Preview Release feature indefinitely, be shutdown, or be combined with other features. Some of the Preview Release features may eventually become generally available, but there is no fixed schedule for this.

Third-Party Integrations

DataStax may make integrations available within the Preview Release to other third-party services. A “Third-Party Integration” is defined to mean any piece of software or service not directly created and offered by DataStax. Your use of any Third-Party Integration is at your sole discretion and risk and is subject to that third party’s terms and conditions. DataStax is not responsible for any interaction between You and the Third-Party Integration. The use of any Third-Party Integration may be subject to additional charges as provided on DataStax’s pricing page(s). All Third-Party Integrations are excluded from DataStax’s Service Level Agreement and any Support offering.

5. No Warranty, No Indemnification, No Liability

The Preview Release is not intended for production use, has not been fully certified for production workloads, and therefore may contain bugs and other functional issues. You agree not to use the Preview Release for production use or load critical or sensitive data into the Preview Release. You are responsible for backing up your data regularly. If your data is lost, or corrupted, DataStax is not liable for any damages that you may suffer. THE PREVIEW RELEASE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT) OR INDEMNITY OF ANY KIND, AND WITHOUT THE RIGHT TO SUPPORT. DATASTAX’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, WHETHER BY CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).