Hortonworks Sandbox Terms and Conditions of Use
Last updated on March 11, 2013
What is the Sandbox?
The “Sandbox” is Hortonworks’ self-contained virtual machine, including the Hortonworks Data Platform pre-configured to provide a personal, portable and standalone Hadoop environment, located at www.hortonworks.com/sandbox. The Sandbox is comprised of the following three components:
1) The Hortonworks Data Platform (“HDP”)
2) The “Sandbox Wrapper”
3) The “Tutorials”
Sandbox License Terms
The HDP is licensed under the Apache 2.0 license and other open source licenses. The specifics of the licenses are set forth at the following link:
2) The Sandbox Wrapper is licensed under the Apache 2.0 license and requires specific notices, each as set forth at the following links:
3) The Tutorial Contents licensed under a Creative Commons license, specifically the Attribution-NonCommercial-NoDerivs 3.0 Unported License set forth at the following link:
You acknowledge that the Sandbox is being provided on an “AS IS” and “AS AVAILABLE” basis. The Sandbox may contain errors or inaccuracies that could cause failures, including but not limited to data corruption or loss of data from the Sandbox and from peripherals (including, without limitation, servers and computers) connected thereto. Hortonworks is not obligated to provide any maintenance, technical or other support for the Sandbox. You are responsible for backing up, to your own computer or other device, any data that you store or access via the Sandbox. Any activities that you perform using or accessing the Sandbox are at your own risk.
Use of the Sandbox
The Sandbox is accessed via individual user accounts that are password protected (“User Account”). User Accounts are for designated users and cannot be shared or used by more than one user. You are responsible for all activity that takes place on your User Account. You agree that you are responsible for keeping your password confidential and secure. You also agree that you are solely responsible and liable for any activities that occur under your User Account and for any harm caused to the Sandbox as a result of use under your User Account.
The Hortonworks Sandbox is provided to you for education, demonstration and evaluation purchases only. You are not permitted to use the Sandbox for production use. You may download multiple copies of the Sandbox for internal use provided each user registers for the Sandbox separately at www.hortonworks.com/sandbox.
You are permitted to use the Sandbox at no charge when granted access at the time you register a User Account. Please note that your access to the Sandbox may be terminated without notice and Hortonworks reserves the right to discontinue the availability of the Sandbox at any time. The Sandbox is provided exclusively as a means for you to evaluate Hortonworks’ products in a hosted environment; it is not provided to allow setting up your own environment. You are not permitted to launch a production application or service using the Sandbox.
Prohibited Uses of the Sandbox
Revocation of User Accounts
Reservation of Rights
Ownership of Your Data
As between Hortonworks and you, you retain exclusive right, title and interest in and to all data that was not made available to you by Hortonworks, either via the Sandbox or otherwise (“Your Data”). You are solely responsible for the accuracy, quality and integrity of Your Data and for the means by which you acquired Your Data.
Changes to the Sandbox
Hortonworks reserves the right to modify the Sandbox (or any part thereof), either temporarily or permanently, at any time without prior notice to you. You agree that Hortonworks shall not be liable to you or any third party for any modification, suspension or termination of the Sandbox. You acknowledge and agree that Hortonworks has no obligation to provide the Sandbox, or any part of the Sandbox, now or in the future.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SANDBOX IS AT YOUR SOLE RISK. THE SANDBOX, INCLUDING ANY CONTENT, APPLICATIONS OR MATERIALS PROVIDED BY OR IN THE SANDBOX, ARE PROVIDED ON AN “AS IS” BASIS AND HORTONWORKS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
HORTONWORKS CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SANDBOX. HORTONWORKS SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE USE OF OR ACCESS TO THE SANDBOX WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE. HORTONWORKS DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT, DATA, OR MATERIALS IN THE SANDBOX OR DOWNLOADED THROUGH THE SANDBOX ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE SANDBOX OR ANY APPLICATIONS OR CONTENT PROVIDED BY HORTONWORKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND/OR DOWNLOADING OF ANY SUCH APPLICATIONS, CONTENT, DATA, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE, AND OTHER MALICIOUS CODE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY OF THE FOREGOING AND ANY DAMAGES TO YOUR MOBILE DEVICE, COMPUTER, DATABASE, OR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT FROM ANY OF THE FOREGOING. HORTONWORKS CANNOT AND DOES NOT GUARANTEE THAT ANY DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED, REGARDLESS OF WHETHER HORTONWORKS IS AWARE OF THESE DEFECTS, ERRORS OR OMISSIONS.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SANDBOX AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HORTONWORKS FOR DISSATISFACTION WITH THE SANDBOX OR ANY CONTENT OR PORTION THEREOF IS TO STOP USING THE SANDBOX OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
IN NO EVENT SHALL HORTONWORKS, ITS AFFILIATES, OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND/OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF, OR RESULTING FROM, YOUR USE OF THE SANDBOX, EVEN IF HORTONWORKS IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Contributions to Hortonworks
By submitting ideas, feedback, suggestions, documents, and/or proposals (“Contributions”) to Hortonworks through the Sandbox or Hortonworks’ suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Hortonworks is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Hortonworks shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Hortonworks may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Hortonworks without any obligation of Hortonworks to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Hortonworks under any circumstances.
You agree to comply with all export laws and restrictions and regulations of United States or foreign agencies or authorities, and not to use the Sandbox in violation of any such restrictions, laws or regulations, or without all necessary approvals. Neither the Sandbox nor the underlying information or technology may be electronically transmitted or otherwise used (i) into any country subject to U.S. trade sanctions covering the software, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. You hereby certify that: (i) you are not registered, located or domiciled in a location that is subject to U.S. embargoes or trade sanctions; (ii) you and your personnel are not on any list of persons or entities with whom any U.S. person or entity is prohibited from conducting business, including without limitation the Denied Persons List, the United Nations Security Council Committee List, and the Specially Designated Nationals List of Foreign Assets Control; and (iii) the Sandbox will not be used in the design, development, stockpiling, production or use of nuclear, chemical or biological weapons or missiles.
Any trademarks, logos and marks displayed in the Sandbox are the property of Hortonworks or their respective third party owners.
DMCA Notice of Infringement
If you believe that the use or display of any content in the Sandbox infringes any copyright that you own or control, please contact Hortonworks’ designated agent for copyright claims at: legal@Hortonworks.com
When providing notification of alleged infringement of a copyright that you own or control, please provide Hortonworks’ designated agent the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works in the Sandbox are covered by a single notification, a representative list of such works in the Sandbox; (b) identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, including information reasonably sufficient to permit Hortonworks to locate the material; (c) information reasonably sufficient to permit Hortonworks to contact you, including an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you have the authority to enforce the copyrights that are claimed to be infringed; and (f) your physical or electronic signature.
Governing Law; Disputes