6. Confidentiality. “Confidential Information” means any information that Cloudera discloses (whether oral, written, or otherwise tangible or intangible) to Customer in connection with or in connection with this Agreement or Cloudera (whether before, on or after the Effective Date) that Customer knows or should know in light of the facts and circumstances of Customer`s disclosure of the Information; that it is cloudera`s confidential information. Confidential information includes, but is not limited to, components of business plans, products, inventions, design plans, financial plans, computer programs, know-how, customer information, strategies and other similar information. Customer shall keep Confidential Information confidential for the duration of this Agreement and thereafter and shall not use such Confidential Information except as expressly permitted herein. Customer shall exercise the same level of care in protecting the Confidential Information that Customer uses to protect its own Confidential Information from unauthorized use or disclosure, but in no case less than due diligence. Confidential information will be used by Customer solely for the purpose of fulfilling Customer`s obligations under this Agreement. In addition, Customer: (a) will not reproduce Confidential Information in any form except as necessary to fulfill Customer`s obligations under this Agreement; and (b) disclose Confidential Information only to its employees and consultants who need to know such Confidential Information in order to perform their obligations under this Agreement and if such employees and consultants have entered into a non-disclosure agreement with Customer on terms no less restrictive than those contained in this section. Confidential Information does not include information that: (i) is in the public domain or is made public through no fault of Customer without breaching this Agreement; (ii) Customer can reasonably prove that it was in its possession before receiving it from Cloudera for the first time; (iii) The Customer can prove that it has been developed independently by the Customer and without using or referring to the Confidential Information; or (iv) customer receives from a third party without limitation of disclosure and without breach of any obligation of confidentiality. Notwithstanding anything to the contrary in this Agreement, any suggestion, comment or other feedback that Customer provides to Cloudera with respect to the Products (collectively, “Feedback”) constitutes Confidential Information.
In addition, Cloudera is free to use, disclose, reproduce, license, distribute and exploit the Comments provided to it in its sole discretion, without any obligation or limitation of any kind under intellectual property rights or otherwise. Subject to applicable law, in connection with Customer`s performance of this Agreement and Customer`s use of Cloudera Products, Cloudera agrees that Customer shall not be required to provide Personal Data (as defined by the National Institute of Standards and Technology) to Cloudera (“PII”) and (ii) Customer agrees not to provide PII to Cloudera. On the right side of the page, a table shows the usage of licensed components based on the number of hosts on which these products are installed. You can hover your cursor over it to see an explanation of each item. Cloudera Express includes a free license that provides access to CDH, Cloudera`s Apache Hadoop distribution, and a subset of cluster management features available with Cloudera Manager for up to 100 CDH hosts. 17. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements entered into and intended to be performed in their entirety in the State of California, without recourse to its conflict of laws rules.
The parties agree that any action under the law or equity arising out of or in connection with this Agreement shall be brought only in the state and federal courts located in Santa Clara County, and the parties irrevocably and unconditionally agree and submit to the exclusive jurisdiction of such courts for any action, action or proceeding arising out of this Agreement. By determining that any provision is invalid, illegal or unenforceable, the parties will negotiate in good faith to modify this Agreement in order to achieve the original intent of the parties as accurately as possible in an acceptable manner to ensure that the transactions contemplated herein are fulfilled. With the exception of payments due under this Agreement, neither party shall be liable for any loss of performance or delay resulting in whole or in part from any cause beyond its control, including, but not limited to, force majeure (fire, storm, floods, earthquakes, etc.), civil disturbances, telecommunications disruptions, power outages or other essential services. Interruption or termination of the Service by service providers used by Cloudera to connect its servers to the Internet, work interruptions, vandalism, cable cutting, computer viruses or other similar events or malicious or illegal acts of third parties (each, a “Force Majeure Event”). In the event of such a delay, the delivery date will be postponed by a period equal to the time lost due to the delay. Any notice or notice required or permitted under this Agreement must be signed or authorized in writing by the terminating party and may be delivered in person, filed with a night courier service, sent by confirmed email, confirmed fax or registered mail, acknowledgment of receipt requested, postage, each to the address below or to any other address, which will be specified at a later stage in accordance with this section. No modification, addition, deletion or waiver of any right under this Agreement shall be binding on any party unless it is made in an agreement clearly understood by the parties as a modification or waiver and signed by a duly authorized representative of each party. No failure or delay (in whole or in part) by either party to exercise any right or remedy under this Agreement shall be construed as a waiver of this Agreement or create any other right or remedy. All rights and remedies under this Agreement are cumulative and do not exclude any other rights or remedies provided herein or by law.
The waiver of a breach or notice of default or delay in exercising the rights shall not constitute a waiver of any subsequent breach or notice of default. 2.2 Limitations. . . .