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Terms of Service

Last updated: September 25, 2014

Cask Data, Inc. (“Cask Data,” “we,” “us,” or “our”) owns and operates the websites at the domains located as follows cask.co, cdap.io, coopr.io, tephra.io, tigon.io and coo.pr (collectively, the “Sites”). These Terms of Use state the terms and conditions under which you may use the Sites and the products and/or services available through the Sites (the “Services”). Please read these Terms of Use carefully. By browsing the public areas of the Sites or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Services. These Terms of Use may be updated by us from time to time without notice to you.

The Services.

Through the Sites, we offer the following Services: Cask Data Application Platform (CDAP), which is an integrated development framework and application server that allows data processing, application management and serves data applications CDAP SDK, which consists of platform APIs, tools, and a standalone version of CDAP (which is a single node version and not a distributed) version of the platform CooprTM, which is a cluster provisioning and management software that can be used to deploy data applications. Coopr Cloud, which is a hosted version of Coopr, where developers can create and manage clusters via a UI hosted by us, with the data and clusters hosted by a third party cloud provider. TephraTM, which is a globally consistent, distributed transaction engine on Apache HBase. TigonTM, which is a distributed framework built on Apache Hadoop and Apache HBase for real-time, high-throughput, low-latency data processing and analytics applications. Apache Twill, which is an abstraction over Apache Hadoop YARN written and sponsored by us that reduces the complexity of developing distributed applications.

Registration.

You are welcome to browse the Site as a visitor without providing any information to us. If you would like to use the Services, you will be asked if you want to register as a user (a “Registered User”) by submitting your email address. We may verify your email address and notify you via email to complete the registration process and you can do so by following the link in the email. During the registration process, you may have to provide your first name, last name, email address and create a password for your account. You may sign-in to your account using Facebook Connect, GitHub authentication or Twitter authentication. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. We reserve the right to delete your user account at any time and for any reason. All of our services are provided on an open sources basis subject to the Apache License, Version 2.0 http://www.apache.org/licenses/LICENSE-2.0.html . In the event of a conflict between these terms and the terms of the Apache License, Version 2.0, the Apache License, Version 2.0 will control. You have the option of using CDAP, CooprTM, TephraTM or TigonTM on a commercial basis. For commercial use, you will have to contact us to obtain our consent and we will have to agree on separate commercial terms and conditions, including, without limitation, fees and payment terms, prior to allowing such use. If you choose to use Coopr Cloud, your use is subject to the terms set forth herein, as well as any additional terms and conditions that you agree to prior to accessing Coopr Cloud.

Use of Personal Data.

Your use of the Site and/or the Services may involve the transmission to us of certain personally-identifiable information (the “Personal Data”). Our policies with respect to the collection and use of Personal Data, including via Facebook Connect, GitHub authentication and Twitter authentication, are governed according to our Privacy Policy which is hereby incorporated by reference in its entirety.

Intellectual Property.

The Sites and the Services, as well as all material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Cask Data through the Sites and/or the Services (collectively referred to as the “Cask Data Property”) are owned by us or by our third party licensors, and is protected under both United States and foreign laws. The Cask Data Property includes the trademarks, service marks, and logos of Cask Data used and displayed on the Sites and the Services, which are registered and unregistered trademarks or service marks of Cask Data. Except as otherwise provided in this Agreement, you have no rights in or to any of the Cask Data Property, and you must not:

User Generated Content.

Registered Users may post and/or create content through the Services (hereinafter, “User Generated Content”). We cannot and do not review it all–we are merely acting as a passive conduit for distribution of the User Generated Content. That said, we may remove User Generated Content that does not adhere to our Community Guidelines, or that is offensive or otherwise unacceptable to us in our sole discretion. Remember, once you submit User Generated Content for inclusion on our Site, it may be accessible by others, including any personally identifying information that you may make available online. You retain all copyrights and other intellectual property rights in and to anything you upload to the Site, but we need the right to use the User Generated Content that you provide through the Services. You hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, distribute, publish, publicly perform, and publicly display your User Generated Content and associated works, along with the right to excerpt, analyze, index, and create derivative works from your User Generated Content and associated works, and to likewise use the names, images, likenesses, and photographs of all those affiliated with your User Generated Content.

Community Guidelines.

Cask Data’s community, like any community, functions best when we all follow a few simple rules. By accessing and/or using the Services, you hereby agree that:

Unsolicited Information.

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Disclaimer and Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE SITES AND/OR THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF CASK DATA, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “CASK DATA PARTIES”) WARRANT THAT THE SITES OR THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE CASK DATA PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITES OR THE SERVICES. IN NO EVENT SHALL ANY OF THE CASK DATA PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF SUCH CASK DATA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL ANY CASK DATA PARTY’S LIABILITY FOR DIRECT DAMAGES ARISING UNDER THIS AGREEMENT OR RELATING THERETO, EXCEED, ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE CASK DATA PARTIES LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES, THE SERVICES OR ANY OTHER CASK DATA PROPERTY IS TO STOP USING THE SAME.

External Sites.

This Sites or the Services may contain links to third-party websites (“External Sites”), but Cask Data does not endorse and is not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification.

You agree to defend, indemnify, and hold Cask Data Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Sites, the Services, or any other Cask Data Property; (iii) any User Generated Content provided through your account; and (iii) your violation of any right or ours or any third-party right, including without limitation any copyright, trademark, property, or privacy right.

Compliance with Applicable Laws.

The Site and the Services are based in the United States, and are intended to be used only by residents of the United States that are age 13 years or older. We make no claims concerning whether the Site, the Services or the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Termination.

We may terminate this Agreement and your access to all or any part of the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

Copyright Complaints.

If you believe any Site contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information: To contact our Copyright Agent by regular mail, please write to: Cask Data, Inc. Copyright Agent Vikram Bhan 150 Grant Avenue, Suite A Palo Alto, CA 94306 To contact our Copyright Agent by email, please write to info@cask.co, with COPYRIGHT NOTICE in the subject line.

Miscellaneous.

In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. This section, the section entitled Intellectual Property, Indemnification, and the section entitled Disclaimer and Limitation of Liability shall survive the termination of this Agreement. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of California. Except for proceedings commenced by Cask Data to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of California. This Agreement constitutes the entire agreement of the parties concerning this Site, the Services, and all other Cask Data Property and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Sites and/or the Services. Questions or comments regarding the Sites, including any reports of non-functioning links, should be submitted using our email address info@cask.co or via U.S. mail to 150 Grant Avenue, Suite A Palo Alto, CA 94306. We try to respond in a timely manner but are not always able to do so.
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