TPC-H V 3.0.1

END USER LICENSE AGREEMENT VERSION 2.2 READ THE TERMS AND CONDITIONS OF THIS AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE INSTALLING OR USING THE ACCOMPANYING SOFTWARE. BY INSTALLING OR USING THE SOFTWARE OR RELATED DOCUMENTATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. IF YOU ARE ACCESSING THE SOFTWARE ON BEHALF OF YOUR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE SUFFICIENT AUTHORITY TO BIND YOUR ORGANIZATION TO THIS AGREEMENT. USE AND RE-EXPORT OF THE SOFTWARE IS SUBJECT TO THE UNITED STATES EXPORT CONTROL ADMINISTRATION REGULATIONS. THE SOFTWARE MAY NOT BE USED BY UNLICENSED PERSONS OR ENTITIES, AND MAY NOT BE RE-EXPORTED TO ANOTHER COUNTRY. SEE EXPORT ASSURANCE (CLAUSE 13) OF THIS LICENSE. This is a legal agreement between you (or, if you are accessing the software on behalf of your organization, your organization) (“You” or “User”) and the Transaction Processing Performance Council (“TPC”). This Agreement states the terms and conditions upon which TPC offers to license the Software, including, but not limited to, the source code, scripts, executable programs, drivers, libraries and data files associated with such programs, and modifications thereof (the “Software”), and online, electronic or printed documentation (“Documentation,” together with the Software, “Materials”). LICENSE 1. Definitions “Executive Summary” shall mean a short summary of a TPC Benchmark Result that shows the configuration, primary metrics, performance data, and pricing details. The exact requirements for the Executive Summary are defined in each TPC Benchmark Standard. “Full Disclosure Report (FDR)” shall mean a document that describes The TPC Benchmark Result in sufficient detail such that the Result could be recreated. The exact requirements for the FDR are defined in each TPC Benchmark Standard. “TPC Benchmark Result (Result)” shall mean a performance test submitted to the TPC attested to meet the requirements of a TPC Benchmark Standard at the time of submission. A Result is documented by an Executive Summary and, if required, a FDR “TPC Benchmark Standard” shall mean a TPC Benchmark Specification and any associated code or binaries approved by the TPC. The various TPC Benchmark Standards can be found at http://www.tpc.org/information/current_specifications.asp. “TPC Policies” shall mean the guiding principles for how the TPC conducts its operations and business. The current TPC Policies can be found at http://www.tpc.org/information/current_specifications.asp. 2. Ownership. The Materials are licensed, not sold, to You for use only under the terms of this Agreement. As between You and TPC (and, to the extent applicable, its licensors), TPC retains all rights, title and interest to and ownership of the Materials and reserves all rights not expressly granted to You. 3. License Grant. Subject to Your compliance in all material respects with the terms and conditions of this Agreement, TPC grants You a restricted, non-exclusive, revocable license to install and use the Materials, but only as expressly permitted herein. You may only use the Software on computer systems under Your direct control. You may download multiple copies of the Materials and make verbatim copies of the original of the Software so long as Your use of such copies complies with the terms of this Agreement. a. Use by Individual. If You are accessing the Materials as an individual, only You (as an individual) may access and use the Materials. b. Use by Organization. If You are accessing the Materials on behalf of Your organization, only You and those within Your organization may use the Materials. Your organization must identify a contact person to TPC and conduct communications with TPC through that contact person. 4. Restrictions. The following restrictions apply to all use of the Materials by You. a. General: You may not: (1) use, copy, print, modify, adapt, create derivative works from, market, deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, reproduce, distribute, publicly perform, publicly display or otherwise grant rights to the Materials, or any copy thereof, in whole or in part, except as expressly permitted under this Agreement; or (2) use the Materials in any way that does not comply with all applicable laws and regulations. b. Modification: You may modify the Software. c. Public Disclosure: You may not publicly disclose any performance results produced while using the Software except in the following circumstances: (1) as part of a TPC Benchmark Result. For purposes of this Agreement, a “TPC Benchmark Result” is a performance test submitted to the TPC, documented by a Full Disclosure Report and Executive Summary, claiming to meet the requirements of an official TPC Benchmark Standard. You agree that TPC Benchmark Results may only be published in accordance with the TPC Policies. viewable at http: //www.tpc.org (2) as part of an academic or research effort that does not imply or state a marketing position (3) any other use of the Software, provided that any performance results must be clearly identified as not being comparable to TPC Benchmark Results unless specifically authorized by TPC. 5. License Modification. Requests for modification of this license shall be addressed to [email protected]. You may not remove or modify this license without permission. 6. Copyright. The Materials are owned by TPC and/or its licensors, and are protected by United States copyright laws and international treaty provisions. You may not remove the copyright notice from the original or any copy of the Materials, and You must apply the notice if You extract part of the Materials not bearing a notice. 7. Use of Name. You acknowledge and agree that TPC owns all trademark and trade name rights in the names, trademarks and logos used by TPC in the Materials. User shall preserve any notices regarding such ownership. User may only use such names, trademarks and logos in accordance with the usage guidelines specified by the TPC Policies. 8. Merger or Integration. Any portion of the Materials merged into or integrated with other software or documentation will continue to be subject to the terms and conditions of this Agreement. 9. Limited Grants of Sublicense. You may distribute the Software as provided or as modified as permitted under clause 4 b. of this Agreement, provided You comply with all of the terms of this Agreement and the following conditions: a. If You distribute any portion of the Software in its original form You may do so only under this Agreement by including a complete copy of this Agreement with Your distribution, and if You distribute the Software in modified form, You may only do so under a license that at a minimum provides all of the protections and conditions of use contained within this Agreement; b. You must include on each copy of the Software that You distribute the following legend in all caps, at the top of the label and license, and in a font not less than 12 point and no less prominent than any other printing: “THE TPC SOFTWARE IS AVAILABLE WITHOUT CHARGE FROM TPC.”; c. You must retain all copyright, patent, trademark, and attribution notices that are present in the Software; and d. You may not charge a fee for the distribution of this Software, including any modifications permitted under clause 4.b. 10. Term and Termination. a. Term. The license granted to You is effective until terminated. b. Termination. (1) By You. You may terminate this Agreement at any time by returning the Materials (including any portions or copies thereof) to TPC or providing written notice to the TPC that all copies of the Materials within Your custody or control have been deleted or destroyed. (2) By TPC. In the event You materially fail to comply with any term or condition of this Ag