EULA.txt

Teradata Plugin For Dataiku
Version 3.2.11, 3.2.12
Copyright (c) 2024 Teradata.  All rights reserved.

LICENSE AGREEMENT

PRODUCT: Teradata Plugin

IMPORTANT-READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING, DOWNLOADING, OR USING
THE APPLICABLE TERADATA SOFTWARE. TERADATA WILL LICENSE THE SOFTWARE TO YOU ONLY
IF YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND MEET THE CONDITIONS
FOR USING THE SOFTWARE DESCRIBED BELOW. BY INSTALLING, DOWNLOADING, OR USING THE
SOFTWARE, YOU (1) AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND
(2) REPRESENT AND WARRANT THAT YOU POSSESS THE AUTHORITY TO ENTER INTO THIS
AGREEMENT ON BEHALF OF YOU, YOUR EMPLOYER (WHEN ACTING ON BEHALF OF YOUR
EMPLOYER), AND/OR A TERADATA-AUTHORIZED LICENSEE (WHEN YOU AND YOUR EMPLOYER ARE
ACTING ON BEHALF OF A TERADATA-AUTHORIZED LICENSEE). IF YOU DO NOT AGREE TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL, DOWNLOAD, OR USE THE
SOFTWARE.

IMPORTANT – BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE:
*	YOU ACKNOWLEDGE THAT THE SOFTWARE YOU ARE INSTALLING, DOWNLOADING OR USING
  FROM TERADATA IS SUBJECT TO THE RESTRICTIONS AND CONTROLS IMPOSED BY UNITED
	STATES EXPORT REGULATIONS.
*	YOU CERTIFY THAT:
  ** YOU DO NOT INTEND TO USE THE SOFTWARE FOR ANY PURPOSE PROHIBITED BY UNITED
     STATES EXPORT REGULATIONS, INCLUDING, WITHOUT LIMITATION, TERRORISM,
		 CYBER-ATTACKS, CYBER-CRIMES, MONEY-LAUNDERING, INDUSTRIAL ESPIONAGE,
		 OR NUCLEAR, CHEMICAL OR BIOLOGICAL WEAPONS PROLIFERATION.
  ** YOU ARE NOT LISTED AS A DENIED PARTY ON ANY LIST GOVERNING UNITED STATES
	   EXPORTS.
  ** YOU ARE NOT A NATIONAL OF ANY COUNTRY THAT IS NOT APPROVED FOR EXPORT OF
	   THE SOFTWARE.  AS OF 2015, THESE COUNTRIES ARE CUBA, IRAN, NORTH KOREA,
		 SUDAN, AND SYRIA.

This License Agreement ("Agreement") is a legal contract between you (both as an
individual, and on behalf of your employer and any Teradata-authorized licensee
for whom you and/or your employer are acting on their behalf) and Teradata
Corporation ("Teradata") for the applicable Teradata software product, which
consists of computer software code in object code form only, as well as
associated media, printed materials, and online or electronic documentation
(collectively, the "Software"). The term "Software" also includes any and all
error corrections, bug fixes, updates, upgrades, or new versions or releases
of the Software (collectively and individually, "Enhancements") that Teradata
may elect in its sole discretion to provide you. Teradata is under no obligation
to provide you with Enhancements under this Agreement. By accepting this
Agreement, you represent and warrant that you possess the authority to enter
into this Agreement on behalf of yourself, and on behalf of your employer and
any Teradata-authorized licensee for whom you and/or your employer are acting
on their behalf. As used in this Agreement, the terms "you", "your" and "yours"
collectively and individually refer to you as an individual and to your
employer, as well as such Teradata-authorized licensee.

1.  Term.  This Agreement commences on the earliest date of the first download,
first copying, first installation, or first use of the Software. This Agreement,
including your license to the Software, will expire or terminate on the earlier
of (i) the expiration or termination of any applicable underlying agreement
between you and Teradata (such as a partnership or customer agreement) or
(ii) termination in accordance with the terms of this Agreement.

2.  License.
(a)  Subject to your compliance with all of the terms and conditions of this
Agreement and only during the term of this Agreement, Teradata grants you a
nonexclusive, nontransferable, paid up license to install and use the Software
on your computer solely for purposes of facilitating your Teradata-authorized
license to use the Teradata Relational Database.  You may make reasonable
archival backup copies of the Software, but may only use an archival copy in
lieu of your primary copy and subject to the same restrictions as your primary
copy.

(b)  The term “Third Party Software” means computer programs or modules
(including their documentation) that bear the logo, copyright and/or trademark
of a third party (including open source software that are contained in files
marked as "open source" or the like) or are otherwise subject to written license
terms.  Third Party Software does not constitute Software.  Third Party Software
is licensed to you subject to the applicable license terms accompanying it,
included in/with it, referenced in it, or otherwise entered into by you with
respect to it.

(c)  You will not sell, copy, rent, loan, modify, transfer, disclose, embed,
sublicense, create derivative works of or distribute the Software, in whole or
in part, without Teradata’s prior written consent.  You are granted no rights
to obtain or use the Software’s source code.  You will not reverse-assemble,
reverse compile or reverse-engineer the Software, except as expressly permitted
by applicable law without the possibility of contractual waiver.
Notwithstanding anything to the contrary, you do not have any license, right,
or authority to subject the Software, in whole or in part or as part of a
larger work, to any terms of any other agreement, including GNU Public Licenses.

(d)  No license rights to the Software will be implied.  The Software, which
includes all copies thereof (whether in whole or in part), is and remains the
exclusive property of Teradata and its licensors.  You will ensure that all
copies of the Software contain Teradata's and its licensors' copyright notices,
as well as all other proprietary legends.  Teradata reserves the right to
inspect your use of the Software for purposes of verifying your compliance with
the terms and conditions of this Agreement.

3.  Responsibilities.  You are responsible for the installation of the Software,
as well as for providing data security and backup operations.  This Agreement
does not require Teradata to provide you with any Enhancements, consulting
services, technical assistance, installation, training, support, or maintenance
of any kind (collectively and individually, "Services"). To the extent that
Teradata elects to provide you with any Services, such Services are provided
to you at Teradata's sole discretion and may be modified or discontinued at any
time for any reason.

4. DISCLAIMER OF WARRANTY. TERADATA: (A) PROVIDES SERVICES (IF ANY),
(B) LICENSES THE SOFTWARE, AND (C) PROVIDES THIRD PARTY SOFTWARE TO YOU
HEREUNDER ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND (ORAL OR WRITTEN,
EXPRESS OR IMPLIED, OR STATUTORY). WITHOUT LIMITATION TO THE FOREGOING, THERE
ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. TERADATA DOES NOT WARRANT THAT THE SOFTWARE, THIRD PARTY
SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR CONFORM TO ANY
SPECIFICATIONS, OR THAT THE OPERATION OF THE SOFTWARE OR THIRD PARTY SOFTWARE
WILL BE UNINTERRUPTED OR ERROR FREE. YOU BEAR THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY, AND RESULTS OBTAINED FROM THE SOFTWARE, THIRD
PARTY SOFTWARE, AND SERVICES.

SOME JURISDICTIONS RESTRICT DISCLAIMERS OF WARRANTY, SO THE ABOVE DISCLAIMERS
MAY NOT FULLY APPLY TO YOU.

5. LIMITATIONS ON LIABILITY. UNDER NO CIRCUMSTANCES WILL TERADATA'S AND ITS
LICENSORS' TOTAL CUMULATIVE LIABILITY FOR CLAIMS RELATING TO THE SERVICES, THE
SOFTWARE, THIRD PARTY SOFTWARE AND/OR THIS AGREEMENT (WHETHER BASED IN CONTRACT,
STATUTE, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED US $1,000;
PROVIDED, HOWEVER, THAT THE FOREGOING WILL NOT APPLY TO CLAIMS FOR (I) PERSONAL
INJURY, INCLUDING DEATH, TO THE EXTENT CAUSED BY TERADATA'S GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT; OR (II) PHYSICAL DAMAGE TO TANGIBLE REAL OR PERSONAL
PROPERTY TO THE EXTENT CAUSED BY TERADATA'S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT EQUAL TO THE AMOUNT OF DIRECT DAMAGES UP TO ONE MILLION DOLLARS PER
OCCURRENCE. IN NO EVENT WILL TERADATA OR ITS LICENSORS BE LIABLE FOR ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS
OF PROFITS, REVENUE, TIME, OPPORTUNITY OR DATA, EVEN IF INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS RESTRICT DISCLAIMERS OF WARRANTY, SO THE ABOVE DISCLAIMERS
MAY NOT FULLY APPLY TO YOU.


6.  Government Restrictions. You agree that you will not, directly or
indirectly, export or transmit any Software without obtaining Teradata's prior
written authorization, as well as appropriate governmental approvals, including
those required by the U.S. Government.  Use and or distribution of this software
is subject to export laws and regulations of the United States and other
jurisdictions. The links below connect you to applicable U.S. government
agencies, and their regulations, that have jurisdiction over this transaction.
http://www.bis.doc.gov/
http://www.treas.gov/offices/enforcement/ofac/

By installing, In downloading, or using this product, you acknowledge that this
transaction is subject to applicable export control laws and you certify that
your installation, download, use and/or subsequent distribution of this product
is not prohibited under applicable laws and regulations.

The Government's use, duplication, or disclosure of Teradata's commercial
computer software and commercial computer software documentation is subject to:
(a) the Restricted Rights Notice set forth in 48 C.F.R. ¶ 52.227-14 (Rights In
Data - General); (b) Teradata's standard commercial license rights supplemented
by 48 C.F.R. ¶ 52.227-19 (Commercial Computer Software - Restricted Rights);
and/or (c) the limited rights and license set forth 48 CFR ¶ 252.227-7015
(Technical Data–Commercial Items), as applicable.

7.  Termination and Expiration. A party may terminate this Agreement with or
without cause, upon providing written notice to the other parties.  When this
Agreement terminates or expires, you will immediately cease all use of the
Software, permanently remove the Software from all computers, destroy all copies
of the Software, and (upon receipt of Teradata’s request) provide a signed
written certification that the foregoing has occurred.  Sections 4-11 will
survive expiration or termination of this Agreement.

8. Choice of Law and Dispute Resolution. The parties will attempt in good faith
to resolve any controversy or claim by negotiation or mediation. If they are
unable to do so, and regardless of the causes of action alleged, and whether
they arise under this Agreement or otherwise, the claim will be resolved by
arbitration before a sole arbitrator in San Diego, California pursuant to the
then-current Commercial Rules of the American Arbitration Association and the
federal substantive and procedural law of arbitration. The arbitrator's award
will be final and binding, and may be entered in any court having jurisdiction
thereof, but may include only damages consistent with the limitations in this
Agreement. Each party will bear its own attorney's fees and costs related to the
arbitration. The obligations to negotiate, mediate and arbitrate shall not apply
to claims for misuse or infringement of a party's intellectual property rights.
Any claim or action must be brought within two years after the claimant knows or
should have known of the claim. New York law will govern the interpretation and
enforcement of this Agreement, except that the Federal Arbitration Act will
govern the interpretation and enforcement of the arbitrability of claims under
this Section.

9.  Feedback.  Notwithstanding anything to the contrary: (a) Teradata will have
no obligation of any kind with respect to any Software-related comments,
suggestions, design changes or improvements that you elect to provide to
Teradata in either verbal or written form (collectively, “Software Feedback”),
and (b) Teradata and its affiliates are hereby free to use any ideas, concepts,
know-how or techniques, in whole or in part, contained in Software Feedback:
(i) for any purpose whatsoever, including developing, manufacturing, and/or
marketing products and/or services incorporating  Software Feedback in whole
or in part, and (ii) without any restrictions or limitations, including
requiring the payment of any license fees, royalties, or other consideration.

10.  Confidentiality.  You will not disclose the results of any testing or
evaluations, including any benchmarks, insofar as it relates to the Software
without Teradata’s prior written consent.

11. Entire Agreement. This Agreement and the terms of use for the site from
which you downloaded the Software (“General Terms of Use”) constitute the entire
understanding of the parties with respect to the Services (if any) and the
Software, and supersedes all other prior agreements and understandings whether
oral or written. In the event of a conflict between this Agreement and the
General Terms of Use, this Agreement will prevail with respect to the subject
matter hereof. No oral representation or change to this Agreement will be
binding upon either party unless agreed to in writing and signed by authorized
representatives of all parties. You will not assign this Agreement or your
rights, nor will you delegate your obligations under this Agreement. Failure by
either party to enforce any term or condition of this Agreement will not be
deemed a waiver of future enforcement of that or any other term or condition.
The provisions of this Agreement are severable. "Include", "includes", and
"including" shall be interpreted as introducing a list of examples which do not
limit the generality of any preceding words or any words in the list of examples.