DSE and HCD Supplement

This DataStax Enterprise Software and DataStax Hyper-Converged Database Supplement (“Supplement”) applies to any use of DataStax Enterprise Software (“DSE”), DataStax Hyper-Converged Database (“HCD”) and/or DataStax Mission Control. This Supplement and any applicable Order Schedule is governed by the MSA and shall be collectively referred to as the “Agreement” between Customer and DataStax. Capitalized terms used but not defined in this Supplement have the meanings given to them in the Agreement.

1. Subscription. DataStax provides Support for and licensing of its Software as a combined subscription (a “Subscription”) for the Product Term.

2. Support. If Customer has purchased a Subscription, DataStax will provide Customer with Support of the Software during the Product Term in accordance with the Support Policy.

3. No-Fee License. DataStax may grant Customer a No-Fee License to use the Software for a period of one hundred eighty (180) days for Non-Production use only, without the right to Support, unless otherwise agreed to by DataStax in writing.

4. Increased Volume of Use. Customer must immediately submit payment to DataStax for any use of the Software beyond those quantities or use specified in the applicable Order Schedule.

5. Inspection. During the term of the Subscription and for one year thereafter, but no more than once in a 12 month period and on no less than 30 days’ notice, Customer shall permit DataStax, or its designated agent, during Customer’s normal business hours to inspect Customer’s records to verify Customer’s compliance with the Agreement. DataStax, at its option, may require an executive officer of Customer to certify in writing to Customer’s compliance with this Agreement and disclose the scope of use of the Software by Customer including the project in which the Software is being used and any projected date for any applicable non-production projects to go into production.

5. DSE Product Specific Terms

A. Scope of Subscription. The Order Schedule will specify the scope of the Subscription purchased by Customer, including as follows: (1) Production or Non-Production use; (2) number of Nodes and Cores; and/or (3) other license parameters set forth in the applicable Order Schedule. “Node” means a Java Virtual Machine (a platform-independent execution environment that converts Java bytecode into machine language and executes it) that runs an instance of the Software. A “Core” means an independent, physical processing unit on a CPU responsible for executing programs.

B. Restrictions. In addition to Section 1.2 (Restrictions) of the Agreement, Customer shall not and shall not permit others under its control to use the included ODBC driver to connect to other distributions of the components of the Software.

C. Other Definitions.

“Non-Production” means Nodes or Cores that are deployed for Customer's internal testing and development (both pre- and post- production) and that are not deployed in an environment designed for production purposes.

“Production” means Nodes or Cores that reside in a cluster, where the cluster cannot be taken offline, at any arbitrary time (including outages of any primary clusters), without affecting the availability, integrity, or performance of production applications.

6. HCD Product Specific Terms

A. Scope of Subscription: The Order Schedule will specify the scope of the Subscription purchased by Customer, including as follows: (1) Production or Non-Production use; (2) vCPU and Storage and/or (3) other license parameters set forth in the applicable Order Schedule. Virtual Central Processing Units (vCPUs) represent a share of a physical central processing unit (CPU) that is assigned to a virtual machine.

B. Other Definitions.

“Non-Production” means vCPUs and Storage that are deployed for Customer's internal testing and development (both pre- and post- production) and that are not deployed in an environment designed for production purposes.

“Production” means vCPUs and Storage that reside in a cluster, where the cluster cannot be taken offline, at any arbitrary time (including outages of any primary clusters), without affecting the availability, integrity, or performance of production applications.