2. CLOUDERA TRADEMARKS AND LICENSE KEYS.  For the avoidance of doubt, the Agreement does not permit Customer to distribute: (i) any license keys provided by Cloudera for the purpose of enabling specific features or functionality, which keys are Cloudera Confidential Information, or (ii) Cloudera Products or any of their components using Cloudera’s trademarks, regardless of whether they have been modified. The “Cloudera” trademark is a registered or unregistered trademark of Cloudera in various countries. To the extent Cloudera Products or their components are subject to an open source license, which permits Customer to redistribute the Cloudera Products or the components, Customer may do so only if Customer removes all occurrences of Cloudera trademarks and logos in such Cloudera Products and components.  Modifying Cloudera Products may: (i) corrupt the Cloudera Products, and (ii) adversely affect Cloudera’s ability to provide technical support and software maintenance for the Cloudera Products.

3. SUPPORT POLICY.  Notwithstanding any contrary term of the Agreement, the Support Policy at https://www.cloudera.com/legal/commercial-terms-and-conditions/cloudera-support-policy.html applies to Customer’s Subscription(s) specified in the Order Form.  

4. COMPUTE/STORAGE VARIABLE FEES. Line items in the Order Form including the label “Storage” or “Compute” reflect variable fees based on the hardware configuration across Customer’s cluster or environment. The fees above are based on Customer’s computation and storage capacity as of the effective date of the Order Form. If Customer's computation or storage capacity exceeds the threshold amounts specified in such line items (the "Capacity Limitations") at any time during the Subscription Period, the applicable variable fees for such excess computation or storage capacity will apply. A zero (0) value indicates that the variable fees do not apply as of the effective date of the Order Form, where such zero (0) value is due to (i) Customer’s computation or storage capacity being below the Capacity Limits, (ii) promotional pricing under which these fees are waived, (iii) negotiated or contract pricing that waives or does not include these fees, or (iv) Customer and Cloudera otherwise agreeing that these fees do not apply. Customer will report to Cloudera any hardware upgrades that occur during the Subscription Period which result in any increase in capacity in excess of the Capacity Limitations and may be required to pay any associated fees for such increase.

5. WITHHOLDING TAX.  Notwithstanding any contrary term of the Agreement, if Customer is required to pay any withholding tax, charge or levy with respect to payments to Cloudera (“Withholding Taxes”), Customer agrees to gross up payments actually made to Cloudera such that Cloudera receives sums due in full and free of any deduction of any such Withholding Taxes, subject to Cloudera providing documentation to support the lowest legal withholding rate under the applicable double tax treaty. Cloudera will cooperate with Customer to enable Customer to pay the lowest legal withholding rate by providing any available tax documents in its possession to support the lowest applicable withholding rate.

6. SUSPENSION RIGHTS.  In addition to any of its other rights or remedies (including, without limitation, any termination rights) under the Order Form or the Agreement, Cloudera reserves the right to suspend provision of Services and/or Support Services to Customer (i) if Customer is more than thirty (30) days overdue on any payment obligation in connection with the Order Form (including due to any over deployments of Cloudera Products); (ii) if Cloudera deems such suspension necessary due to Customer’s breach of applicable use restrictions in connection with Cloudera Products; or (iii) as required by law or at the request of governmental entities.  If suspension is due to past due amounts under (i) above, the applicable Services and/or Support Services will be resumed and/or restored upon receipt by Cloudera of all overdue amounts.  No suspension under this paragraph will (a) relieve Customer from complying with any of Customer’s obligations under the Order Form, including applicable payment obligations or (b) extend any Subscription Periods.

7. NON-CANCELLABLE, NON-REFUNDABLE. Notwithstanding any contrary term of the Agreement, the Order Form is non-cancellable, and the fees are non-refundable.

8.  POLICIES. The Cloudera Product & Service Data Policy (“Cloudera Product & Service Data Policy” or “Data Policy”), which describes Cloudera’s collection, use, storage, and otherwise processing of data related to Customer (including any Customer Affiliate) and to Customer’s use of Cloudera Products and Services in connection with the Agreement. The Cloudera Product & Service Data Policy can be found at the following link: https://www.cloudera.com/legal/policies.html.

9. DIAGNOSTICS AND REPORTING. In an effort to gain a better understanding of our customers’ Cloudera Product usage, proactively identify potential support issues, improve the delivery of Support Services, and enhance the usability of Cloudera Products, Cloudera Products are equipped with a diagnostic function. By default, this diagnostic function will periodically generate and securely transmit a report containing cluster-related metadata to Cloudera. If company policies prohibit the automatic sending of such a report, Customer may configure the diagnostic function to either disable automatic reporting or report only upon the filing of a Support Services ticket, provided that Customer agrees to manually send a report generated by the diagnostic function, at least once per calendar quarter, on or before the last day of each calendar quarter. Cloudera may use such reports to confirm that Customer’s use of Cloudera Products is consistent with the Order Form. For more information on the diagnostic function and how to manually send reports, please refer to the following Cloudera Documentation link: https://docs.cloudera.com/cdp-private-cloud-base/7.1.9/monitoring-and-diagnostics/topics/cm-asset-reports.html

10. CLOUDERA OFFERINGS – SUBSCRIPTION SPECIFIC TERMS.  The applicable terms at https://www.cloudera.com/legal/commercial-terms-and-conditions/cloudera-order-form-supplemental-terms/subscription-specific-terms.html also apply to Subscriptions of the particular Cloudera Offering(s) purchased by Customer under the Order Form. In the event of a conflict between such terms and any other part of this Supplement, such terms will prevail for purposes of such Cloudera Offering(s). Cloudera Offering(s) may be updated from time to time.

11. CLOUDERA OFFERINGS – SERVICE SPECIFIC TERMS.  The applicable terms at https://www.cloudera.com/legal/commercial-terms-and-conditions/cloudera-order-form-supplemental-terms/service-specific-terms.html also apply to Services Cloudera Offering(s) purchased by Customer under the Order Form. In the event of a conflict between such terms and any other part of this Supplement, such terms will prevail for purposes of such particular Services.

12. PUBLICITY.  Cloudera shall have the right to include Customer’s name and logo on Cloudera’s website and other public customer lists. Customer agrees to cooperate with Cloudera, at Cloudera’s reasonable request, on public content that describes Customer’s election to use Cloudera Software or Services, including, but not limited to, press releases describing Customer’s election to use the Cloudera Software or Services; and publication of written or video success stories describing Customer’s use of the Cloudera Software or Services.

13. PURCHASE NOT CONTINGENT ON FUTURE DEVELOPMENT PLANS.  The fees herein are not contingent upon any future product development plans. Product development plans, including any timelines associated therewith, do not represent a commitment as to actual release of features or functions and should not be relied upon when making a purchase decision. Customer acknowledges and agrees that the purchasing decisions related to the Order Form only relied on the current generally available product(s) listed herein.