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MAPR SOFTWARE LICENSE AGREEMENT (APPLICATION BLUEPRINT)

THIS MAPR SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) IS BY AND BETWEEN MAPR TECHNOLOGIES INC., A DELAWARE COMPANY WITH OFFICES AT 350 HOLGER WAY, SAN JOSE, CA 95134 (“MAPR”) AND THE INDIVIDUAL OR LEGAL ENTITY YOU REPRESENT (“YOU” OR “COMPANY”) AND GOVERNS ACCESS AND USE OF THE MAPR SOFTWARE ACCOMPANYING THIS AGREEMENT (“SOFTWARE”). BY DOWNLOADING OR OTHERWISE ACCESSING THE SOFTWARE YOU SIGNIFY AND DO HEREBY ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU ARE AN INDIVIDUAL AGREEING TO THE TERMS OF THIS AGREEMENT ON BEHALF OF AN ENTITY, SUCH AS YOUR EMPLOYER, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY AND “YOUR” AND "COMPANY" SHALL REFER HEREIN TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MUST NOT ACCESS OR USE THE SOFTWARE.

  1. License. Subject to the terms and conditions of this Agreement, MapR grants Company a limited, revocable, worldwide, non- exclusive, non-assignable, no-charge, royalty-free, license to reproduce, make, have made, use, modify, prepare derivative works of the Software for demonstration purposes only, and not to be used in a production environment.

  2. Open Source Software. The Software may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found in either the Software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the copyright holders indicated in the documentation or the applicable help, notices, about or source files.

  3. Ownership. MapR and Company shall retain all title, copyright and other proprietary rights in and to their respective products, software and services and acknowledge and agree that neither party acquires any rights, express or implied in the other party’s products, software or services, other than those specified in this Agreement. In the event that (i) Company makes suggestions to MapR regarding new features, functionality or performance (“Feedback”) that MapR adopts for its software, or (ii) Company creates any derivative works of the Software as permitted in Section 1, Company grants MapR a perpetual, worldwide, non- exclusive, assignable, no-charge, royalty-free, irrevocable license to reproduce, make, use, sell, modify, prepare derivative works of, sublicense, and distribute such Feedback or any derivative works of the Software.

  4. Disclaimer of Warranty and Liability. THE SOFTWARE IS PROVIDED “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL MAPR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) IN EXCESS OF $1,000, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  5. Attribution and Trademark License. If the Software contains any MapR copyright or trademark notices, Company may not remove or alter such copyright or trademark notices. Other than as set forth in this Section 5, this Agreement does not grant permission to use the trade names, trademarks, service marks, or product names of MapR except as required for reasonable and customary use in describing the origin of the Software.

  6. Miscellaneous. This Agreement will be governed by the laws of the State of California without reference to conflict of law principles and all disputes arising out of or related to it, will be subject to the exclusive jurisdiction of the state courts located in Santa Clara County, California, and the federal courts located in the Northern District of California. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will continue in full force and effect and the invalid or unenforceable provision shall be reformed to the extent necessary to make it valid and enforceable.