License Agreement
Specific Terms of Use - License Agreement for Teradata JDBC Driver 16.20.00.10
License Reference: 398/218655 (Generic Download License) @ 200993/727080/1551850093
IMPORTANT - READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE 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 OR USING THE SOFTWARE, OR BY CLICKING THE 'I AGREE' ICON BELOW, 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 ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE 'CANCEL' ICON BELOW AND DO NOT INSTALL OR USE THE SOFTWARE.
IMPORTANT - BY DOWNLOADING THE SOFTWARE:
YOU ACKNOWLEDGE THAT THE SOFTWARE YOU ARE DOWNLOADING 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 (as defined below) and Teradata (as defined below) regarding the Software (as defined below). The terms 'you', 'your' and 'yours' collectively and individually refer to you as an individual and to any company for which you are acting. The term 'Teradata' refers to either Teradata U.S., Inc. for Software deliveries in the US or Teradata Ireland Ltd. for Software deliveries outside the United States. 'Software' refers to the software product identified above, which consists of computer software code in object code form only, as well as associated documentation that Teradata may elect in its sole discretion to provide you. '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.
1. Term. This Agreement commences on the earliest date of the first download, first copying, first installation, or first use of the Software (the 'Effective Date'). Unless terminated earlier as provided herein, this agreement, including your license to the Software, will expire or terminate on the same date that your Teradata-authorized license to use the Teradata Relational Database product expires or terminates (whichever occurs first).
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. Third Party Software license terms include those found in the FOSS licensing zip file accompanying the Software. Teradata provides source code to certain Third Party Software for certain periods of time in compliance with certain applicable licenses. To request such source code, visit http://developer.teradata.com/download/license/oss-request.
(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 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 THIS AGREEMENT, THE SERVICES, THE SOFTWARE, AND/OR THIRD PARTY SOFTWARE (WHETHER BASED IN CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED US$1,000; PROVIDED, HOWEVER, THAT THE FOREGOING WILL NOT APPLY TO CLAIMS FOR (A) PERSONAL INJURY, INCLUDING DEATH, TO THE EXTENT CAUSED BY TERADATA'S NEGLIGENCE OR WILLFUL MISCONDUCT; OR (B) PHYSICAL DAMAGE TO TANGIBLE REAL OR PERSONAL PROPERTY TO THE EXTENT CAUSED BY TERADATA'S 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 FO
