CLOUDERA, INC.
COMMERCIAL LICENSE TERMS
February 11, 2025
These supplemental terms form part of the Order Form entered into between Cloudera and Customer, or Cloudera and Authorized Partner, as applicable, and apply to Customer’s use of and/or access to the Cloudera Software (defined below). Except as expressly set forth herein, in the event of any conflict between these supplemental terms and the Agreement, these supplemental terms prevail for purposes of the applicable Order Form.
A. Definitions. As used herein, these terms are defined as follows: (a) “Cloudera Software” shall mean the software distributed to Customer as part of Subscriptions identified in this Order Form; and (b) “Open Source Software” shall mean any software, and the functionalities therein, which are generally available and obtained by Cloudera via an inbound license as freeware, shareware, or open source software under the Mozilla Public License, BSD, GNU General Public License or the Apache Software License, or under or pursuant to similar licensing or distribution models.
B. License Grant. Subject to Customer’s compliance with the terms of the Agreement, the Order Form, and applicable law, Cloudera grants to Customer a worldwide, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the Cloudera Software, solely during the specified Subscription Period, solely for Customer’s internal business purposes, and in accordance with the applicable Documentation. Upon expiration of such Subscription Period or any earlier termination as provided in the Agreement or the Order Form, Customer will cease using Cloudera Software and return or destroy all copies of Cloudera Software. Cloudera and its suppliers reserve all rights, including title and ownership, in Cloudera Software, which are not expressly granted to Customer in this Order Form.
C. License Restrictions. With respect to the Cloudera Software, Customer shall not (a) exceed the applicable usage limits (e.g., quantity of Metrics) stated in this Order Form, (b) modify, translate or create derivative works of Cloudera Software, (c) decompile, reverse engineer or reverse assemble any portion of Cloudera Software or attempt to discover any source code or underlying ideas or algorithms of Cloudera Software, (d) sell, assign, sublicense, rent, lease, loan, provide, distribute or otherwise transfer all or any portion of Cloudera Software to a third party, (e) make, have made, reproduce or copy Cloudera Software, (f) remove or alter any trademark, logo, copyright or other proprietary notices associated with Cloudera Software, (g) use Cloudera Software to provide services for, or otherwise for the benefit of, third parties, including without limitation, using Cloudera Software to provide software as a service, platform as a service, or similar services offering, (h) circumvent or attempt to circumvent any aspect of Cloudera Software, which is designed to manage or restrict unauthorized access or use of Cloudera Software, or (i) cause or permit any other party to do any of the foregoing.
D. Open Source Software in Cloudera Software. Cloudera Software includes Open Source Software, where Cloudera includes a list of such software and the applicable license terms in the notice files or the documentation. To the extent that Cloudera has provided Customer indemnification that restricts or waives indemnification for software that Cloudera provides under an open source license, under Cloudera’s license terms set forth above, these restrictions and waiver apply to any inbound Open Source Software that Cloudera receives notwithstanding the terms of the Agreement and notwithstanding that Cloudera is providing such software under this Order Form pursuant to the commercial license set forth above. For the avoidance of doubt, Open Source Software shall remain categorized as Open Source Software for the purpose of interpreting the Order Form and Agreement despite subsequent modifications by Cloudera prior to distribution to Customer.
E. License Keys. Any license keys provided by Cloudera to Customer are personal to Customer. Customer may not distribute any license keys provided by Cloudera to any third party. Such license keys are the Confidential Information of Cloudera and are subject to the confidentiality requirements in the Agreement.