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End-User License Agreement

Your subscription to 47Lining Enterprise PaaS - Adoption Catalyst is made available pursuant to the following End-User License Agreement (EULA):

TRIAL SERVICES AGREEMENT

Adoption Catalyst

Hitachi Vantara LLC, located at 2535 Augustine Drive, Santa Clara, CA 95054 (“Us, We, Our”) and you (“You or Your”) agree that this Trial Agreement (“Agreement”) governs Your access to, and use of, the trial service offering, including but not limited to evaluation environments and all software, data and content made available therein (“Services”) for the purpose of Your internal testing of the service offering in connection with doing business with Us (the “Purpose”). BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE SERVICES, OR BY CHOOSING THE "I ACCEPT" OPTION LOCATED ON OR ADJACENT TO THE SCREEN WHERE THIS AGREEMENT MAY BE DISPLAYED, YOU AGREE TO THE AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON, COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, DO NOT CLICK AN ACCEPT BUTTON OR DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE SERVICES.

  1. Subject to the payment of any applicable fees, We allow You to use the Services or Enabling Software exclusively for the Purpose during the Service Period. The Service Period begins on the date You agree to the terms of the Agreement and ends on the earliest of the date specified by Us or the date on which Your access to the Service is disabled by Us (“Service Period”). We may terminate this Agreement at any time by providing You written notice. You may terminate this Agreement at any time by terminating your subscription to the Services in the Cloud Marketplace. Your use of the Services is contingent upon Your compliance with the terms and conditions of this Agreement.

  2. You agree not to transfer to another person or entity, including, but not limited to, Your customers or potential customers, the right to use (including any security or account information) any part of the Services.

  3. You accept the Services or Enabling Software “AS-IS” WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY OF ANY KIND. To the full extent permitted by law, We expressly disclaim any implied or statutory warranties, including that the Services or Enabling Software will operate uninterrupted or error-free, or will be free of computer viruses or similar contamination or destructive features. We are not liable for any direct, indirect, special, incidental, consequential or other damages, or for any data disclosed or compromised, or any loss of, or destruction to data, however caused, in connection with Your use of the Services or Enabling Software, whether for breach of contract, negligence or otherwise, and whether or not You have been advised of the possibility of such damages. You agree and acknowledge that the Services a) may not have been tested or certified to meet security requirements, b) may not provide standard security features like encryption and c) may not be secure against cyber attacks or other data breaches.

  4. This Agreement is for the Services or Enabling Software, if any. You are responsible for any computer and storage infrastructure, hardware, software, network cabling or appliances required at Your site for internet connection to the Services. No forms of connectivity or onramps are provided by Us. “Enabling Software” is any Material provided to You by Us or a third party as part of the Services to facilitate access to or use of the Services. “Materials” are software, instructions and data, images, graphics, visual content, related licensed materials, or license keys. If You download or install Enabling Software, You agree to use such Enabling Software only for You to access or use the Services for the Purpose during the Service Period only. If Enabling Software is presented with a separate license agreement, such separate agreement will govern its use. You agree to such terms by accepting this Agreement or downloading, installing or using the Enabling Software.

  5. As part of the Services, You permit Us, within the hosted account that We provide to You, to: (i) install the Services; (ii) establish Your access to the Services; (iii) if available, to provide you with support services that you request from Us; and (iv) to remove Your access to the Services at the end of the Service Period.

  6. You are responsible for all data that You provide in connection with the Services, including without limitation, all operational and technical measures to safeguard the security and integrity of that data. You also agree not to use the Services in any live production environment or for commercial purposes. You agree not to store any data that requires confidential or secure treatment, including but not limited to sensitive, regulatory or personal data. We are not responsible for any loss or compromise of data or breach of data security arising from the Services (including any support provided by Us to You as part of the Services). If You do choose to input personal data into, or make personal data accessible to, the Service, You do so at Your own risk and We assume no liability for the protection of personal data or for compliance with applicable data protection laws. Without prejudice to the provisions contained in the Agreement, You agree that the provision of Services that are the object of the Agreement, do not entail the processing of personal data on Your behalf by Us. Notwithstanding the foregoing, if We are required to process personal data on Your behalf as a Data Processor, as defined in the General Data Protection Regulation EU 2016/679, You must notify Us at privacy@hitachivantara.com and the parties will enter into the corresponding addendum, “Hitachi Vantara Customer Data Protection Addendum” available at: https://www.47lining.com/paas/docs/adopt/adopt-docs-audience@latest/adopt-docs/commercial-terms/data-protection-addendum/. You agree that We and our affiliates may use information derived from or generated by the Services to provide, maintain, protect, support, and improve the service offerings and to develop new products and services, to the extent permitted by applicable law. You acknowledge that We do not control the transfer of data over telecommunication facilities, including the internet, and in the public internet environment, We cannot commit to particular confidentiality obligations.

  7. You are solely responsible for the development, operation, maintenance, backup, and use of all the content that You run on the Services, cause to interface with the Services, provide in connection with the Services, upload to the Services under Your account or otherwise transfer, process, use, or store in connection with Your account, including software (including machine images), data, text, audio, video, images or any other content (“Content”). You are responsible for the procedures and controls regarding access, security, encryption, use, transmission and backup and recovery of Content. You are also responsible for ensuring that your Content is backed up at regular intervals to protect against the possibility of loss in this testing environment. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR AFFILIATES, SUPPLIERS AND LICENSORS AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, COSTS OR OTHER EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, EXPENSES, AND EXPERT WITNESS FEES) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (i) YOUR BREACH OF THIS TRIAL AGREEMENT, OR (ii) YOUR USE OF THE SERVICES.

  8. As between You and Us: (i) We and our affiliates and licensors own all right, title and interest, including all intellectual property rights, in the Services or Enabling Software and all infrastructure and technology used in the supply of the Services and You obtain no rights in such items, other than as expressly provided for in this Agreement, and (ii) You and Your licensors own all right, title and interest, including all intellectual property rights, in the Content. However, You consent to (a) Our use of such Content to provide the Services to You or to comply with any request of a governmental regulatory body (including subpoenas and court orders), (b) the processing of your Content in and the transfer of your Content into any country in which Hitachi or its affiliates or subcontractors maintain facilities (including the United States). During and after the Service Period, You will not assert, nor will You authorize, assist, or encourage any third party to assert, against Us or any of Our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding the Services You have used.

  9. You have no right to use any trademark or brand name of Ours or of our affiliates, pursuant to this Agreement.

  10. You represent and warrant to us that: (a) You or Your licensors own all right, title, and interest in and to the Content; (b) You have all rights in such Content necessary to grant the rights contemplated by this Agreement; (c) You are responsible for all activities that occur while utilizing the Services; (d) none of the Content, or Your use of the Content, will violate any laws or regulations, this Agreement or the Hitachi Acceptable Use Policy (available at https://www.hitachivantara.com/en-us/company/legal.html); and (e) that information that you provide to Us during the fulfillment process to provide you with the Services is accurate and appropriate.

  11. “Feedback” shall be defined as all input, suggestions and other evaluative information that You derive from the Services. By providing Feedback, You grant to Hitachi under all applicable intellectual property rights owned or controlled by You a non-exclusive, non-transferable, worldwide, perpetual, irrevocable, royalty-free license to use, disclose, copy, publish, license, modify, sublicense or otherwise distribute and exploit Feedback You provide for the purpose of developing and promoting any product, software, service or technology. You warrant to the best of Your knowledge that you have the right to provide the Feedback, and if an individual is providing Feedback on Your behalf, You warrant that the individual has the right to provide Feedback on Your behalf. You acknowledge that We are not required to incorporate Your Feedback into any version of the Services or any product, but that We may elect to do so.

  12. Restrictions on Use. You must not: (i) create a lien on, sell, assign, rent, sub-license, lease, distribute, create derivative works of, or otherwise transfer the Services or Enabling Software to any third party; (ii) copy or reproduce the Services, Enabling Software in any manner without the prior written consent of Hitachi; (iii) disclose the Services or Enabling Software, to anyone, except to Your employees who require access to carry out the purpose of this Agreement; (iv) modify, disassemble, decompile, reverse engineer or translate the Services or Enabling Software (except to the extent these restrictions are prohibited by applicable law), (v) use the Services or Enabling Software in any competitive manner against Us, or (vi) allow any person or entity to commit any of the actions described in this section. You will take appropriate action, with respect to Your personnel permitted access to the Services and Enabling Software to ensure that all Your obligations are satisfied.

  13. If the Services links to third-party websites (“External Sites”), these links are provided solely as a convenience to You and not as an endorsement by Us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files form all websites to protect Your computer from viruses and other destructions programs. If you access any External Site, You do so at Your own risk.

  14. If support services are available and at our option, We will make reasonable efforts to provide such support services to You, provided that You provide Us the necessary access to provide such support services.

  15. Each party to this Agreement agrees to comply fully with all relevant laws and regulations of the United States and other countries, including export control laws. In various countries, the laws and regulations governing the export of computer products and technology may prohibit the use, sale or re-export of such products or technology. You must make sure that You are aware of those laws and, if You know (or have reason to know) that such products and technology are intended for use in connection with the design, development, production, stock piling or use of nuclear, chemical or biological weapons or missiles and, in some countries (e.g. China), for certain conventional military end-uses, You must not allow or facilitate the export of those products or technology.

  16. At the end of the Service Period, You agree to promptly discontinue use of the Services and destroy any copies of the Enabling Software within Your possession. We may, in Our sole discretion, remove the Services and Your Content at the end of the Service Period. We may limit, suspend or terminate Your access to any portion of Services for any reason in Our sole discretion, including enforcing the Services usage limitations or protecting Our services or systems. The Services may change without notice and, if released commercially, may differ substantially upon commercial release. You agree that We may change this Agreement at any time without prior notice. The revised terms and conditions will become effective at the time of posting. Any use of the Services after such date shall constitute Your acceptance of such revised terms and conditions.

  17. Hitachi is a registered trademark of Hitachi, Ltd. In the United States and other countries. All other trademarks, service marks, and company names are properties of their respective owners. © Hitachi Vantara LLC 2020 All Rights Reserved.

  18. This Agreement is subject to the laws of the state of New York and the courts in New York City will have exclusive jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. Failure of Hitachi to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in the Agreement. No waiver shall be effective against Hitachi unless made in writing, and no such waiver shall be construed as a waiver in any other subsequent instance.