DataStax Preview Terms

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.

1.     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. 

2.     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.

3.     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.

4.     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.      Supplemental Preview Terms

In addition to these Preview Terms, certain Preview Releases are subject to additional terms for Third-Party Integrations, which can be found in the Supplemental Preview Terms Exhibit below. If you do not agree to the Supplemental Preview Terms, do not use the applicable Preview Release.

     6.      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).  

DATASTAX SUPPLEMENTAL PREVIEW TERMS

In addition to your customer agreement and the DataStax Preview Terms, some DataStax Preview Releases are subject to additional terms, as provided below.  These Supplemental Terms may be updated from time to time to accurately reflect our services and practices and/or comply with applicable law.  The Supplemental Preview Terms are incorporated by this reference into, and made a part of, the Preview Terms and govern with respect to your access to and purchase and use of the following Preview Releases:

A.         VECTORIZE WITH NVIDIA AI PRODUCTS:

This Preview Release contains source code provided by NVIDIA Corporation. By accessing or using a Preview Release for Vectorize with NVIDIA AI Products (the “AI Products”), you agree to be bound by these Supplemental Preview Terms.  

1. Prohibited Uses. NVIDIA expressly prohibits the use of the AI Products (a) for surveillance in unauthorized private places, (b) real-time remote biometric identification systems in publicly accessible areas, (c) for collecting or processing biometric information without the consent of the subject, (d) to conduct activities that infringe on or violate the rights of others, (e) that violate any applicable law or regulation, such as the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Health Insurance portability and Accountability Act (HIPAA), and China’s rules and regulations applicable to generative artificial intelligence services and deep synthesis services, (f) to engage in, promote, incite or facilitate the unanticipated or unwelcome harassment, abuse, threatening or bullying of individuals or groups of individuals or intentionally misleading or deceiving others, (g) to engage in the unauthorized or unlicensed practice of any profession, or (h) to engage in, promote, incite, facilitate or assist in the planning or development of activities or provide products or services that present a risk of death or bodily harm to individuals. 

2. Limitations and Restrictions.  The following limitations and restrictions apply to the AI Products, and Customer is responsible for compliance with these limitations:

A.    Customer may not bypass, disable, or circumvent any technical limitation, encryption, security, digital rights management or authentication mechanism contained in the AI Products.

B.    Customer may not use the AI Products in any manner that would cause components to become subject to an open source software license or other shareware license.

C.    Customer may not replace any NVIDIA software components in the AI Products that are governed by the Agreement with other software that implements NVIDIA application programming interfaces (APIs).

D.    Customer may not use the AI Products for the purpose of developing competing products or technologies or assisting a third party in such activities.

E.    Customer may not share with NVIDIA in any form any of its training dataset, training results or contents collected from China, including but not limited to personal information, road data, geospatial data, state secrets or any national security related data. 

3. NVIDIA Data Collection.

A.    Collection Purposes. Customer acknowledges that the AI Products may collect data for the following purposes: (a) properly configure and optimize products for use with AI Products; (b) deliver content or service through AI Products; (c) check for compliance with the license or detect fraud or other malicious activity; and (d) improve NVIDIA products and services. Information collected may include: (i) configuration data; (ii) operating system; (iii) installed applications and drivers used with AI Products; and (iv) application settings, performance and usage data. With Customer’s consent, diagnostic data, including crash reports, may be collected. Further, DataStax or NVIDIA may require certain personal information such as name, email address and entitlement information to deliver or provide the AI Products to Customer. 

B.    Third Party Privacy Practices. The AI Products may contain links to third party websites and services, and Customer’s use of third party products and services may be subject to such third party privacy statements or practices. DataStax and NVIDIA are not responsible for the privacy statements or practices of third parties. 

C.    NVIDIA Privacy Policy. The NVIDIA Privacy Policy, located at NVIDIA Privacy Policy, explains NVIDIA’s policy for collecting and using data, and Customer can visit the NVIDIA Privacy Center, located at Privacy Center | NVIDIA, to manage Customer’s consent and privacy preferences. If Customer accesses the AI Products through Customer’s enterprise organization, please contact Customer’s systems administrator with any questions relating to the collection and processing of Customer’s data.  

4. Attribution.  Customer may not change or remove copyright or other proprietary notices in the Preview Release or misrepresent the authorship of the AI Products, and Customer must cause any modified files to carry prominent notices stating that Customer changed the files such that modifications are not misrepresented as an original AI Product. Except as necessary to give attribution to works as described in this section, Customer is not granted any trademark license under the Agreement.

5. WARRANTY DISCLAIMER. THE AI PRODUCTS INCORPORATED INTO THE PREVIEW RELEASE ARE PROVIDED BY NVIDIA AS-IS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DATASTAX AND NVIDIA DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO OR ARISING UNDER THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USAGE OF TRADE AND COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, DATASTAX AND NVIDIA DO NOT WARRANT THAT THE AI PRODUCTS WILL MEET CUSTOMER’S REQUIREMENTS; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT ANY CERTAIN CONTENT WILL BE AVAILABLE; OR THAT AI PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO INFORMATION OR ADVICE GIVEN BY DATASTAX OR NVIDIA WILL IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY EXPRESSLY PROVIDED IN THE AGREEMENT.

6. Compliance.  Use of the AI Products under the Preview Terms must be consistent with NVIDIA’s HumanRightsPolicy.pdf (nvidia.com).