This DataStax Luna Supplement (“Supplement”) applies to any use of DataStax Luna, Luna Streaming Distribution, and CDC Products by Customer. This Supplement and any Order Schedule are governed by the Master Subscription Agreement between Customer and DataStax (“MSA”). This Supplement, the MSA and any applicable Order Schedule may be collectively referred to as the Agreement. Capitalized terms used but not defined in this Supplement have the meanings given to them in the MSA.
1. No License Rights Granted. Notwithstanding Section 1.1 (License Grant) of the MSA, no license is granted under this Exhibit C. A DataStax Luna Subscription provides Customer with access to DataStax technical support for supported Tickets, Nodes or Clusters of the Open Source Software or Other Supported Software as set forth in an Order Schedule and if applicable the associated Open Source Projects or Other Supported Software listed below by Product during the Product Term. No license to Open Source Software, the DataStax Luna Streaming Distribution, the Open Source Projects, the Other Supported Software, or any DataStax proprietary software is provided in connection with a DataStax Luna Subscription. Customer must license and download any Open Source Software, the DataStax Luna Streaming Distribution, the Other Supported Software and the Open Source Projects separately. During the Product Term, DataStax may make available to Customer certain DataStax software tools, patches or fixes, which may be subject to separate license terms.
2. Support. During the Product Term, DataStax shall provide Customer the applicable Support for any supported Tickets, Nodes, or Clusters of the Open Source Software or Other Supported Software in accordance with the Support Policy.
3. Tickets. If a Customer has a Luna plan that provides Tickets, Customer will be allowed to submit up to the number of Tickets as set forth on the Order Schedule (if no ticket amount is listed on the order, it shall be unlimited), which that will enable them to receive support assistance for bug fixes for verified malfunctions, configuration assistance within the applicable Open Source Software Project or Other Supported Software's standard functionalities, and troubleshooting common user issues. The following is excluded from Tickets: customization requests beyond the Open Source Software or Other Supported Software’s standard functionalities, training and onboarding for the Open Source Software or Other Supported Software, integration assistance with third-party applications, and issues arising from improper use or data corruption caused by the Customer. Unused Ticket allotments may not be banked, accumulated, or saved for subsequent periods, unless otherwise set forth on the applicable Order Schedule. There are no refunds for unused Ticket allotments at the end of the Subscription Term.
4. Modifications; Discontinuation of Service. Customer agrees and understands that DataStax may make modifications, including, but not limited to, discontinuation of the DataStax Luna Subscription services at the end of the Customer’s Product Term, and DataStax will use commercially reasonable efforts to notify Customer of any material modifications.
5. Suspension of Support. DataStax reserves the right to temporarily suspend Customer’s access to the Support portal for scheduled maintenance periods, for which DataStax will endeavor to provide Customer with advanced notice, where it is reasonably possible for DataStax to do so.
6.Increased Volume of Use. Customer may increase its use during the Product Term beyond the scope specified in the Order Schedule, provided that Customer notifies DataStax of the additional use within 30 days of such increase and pays the applicable Fees, starting at the date of increased use. The Order Schedule will specify the scope of the Subscription purchased by Customer, including as follows: (1) Production or Non-Production use (2)number of Nodes, Cores, or Clusters; and/or (2) other applicable license parameters, including Tickets, as set forth in the applicable Order Schedule. During the term of this Agreement and for one year thereafter, but no more than once in a 12 month period and on no less than 30 days’ notice, Customer shall permit DataStax or its designated agent during Customer’s normal business hours to inspect Customer’s records to verify Customer’s compliance with the Agreement. DataStax at its option may require that an executive officer of Customer certify in writing to Customer’s compliance with this Agreement and disclose the scope of use of the Software by Customer including the project in which the Software is being used and any projected date for any applicable non-production projects to go into production. This section 6 is not applicable to Ticket based Luna offerings.
7. Data Restrictions. Customer agrees that: (i) DataStax is not acting on Customer’s behalf as a Business Associate or subcontractor; (ii) Customer should not transmit any protected health information (“PHI”) or payment cardholder information to DataStax; (iii) Customer should not transmit to DataStax any information that would require DataStax to be compliant with the Health Insurance Portability and Accountability Act of 1996, as amended and supplemented (“HIPAA”) or Payment Card Industry Data Security Standard requirements; (iv) to the extent required under applicable law, Customer will obtain any consents from Customer’s end users that are required for Customer to pass Customer Data to DataStax in order for DataStax to provide Support. In the preceding sentence, the terms “Business Associate,” “subcontractor,” “protected health information” or “PHI” shall have the meanings described in HIPAA.
8. Definitions.
“CDC” means the Open Source Software components that make up the package: DataStax Change Agent for Apache Cassandra and DataStax CSC for Apache Pulsar, which are made available for download at datastax.com.
“Cluster” means a collection of any number of Nodes running the Software which communicate with one another via Gossip.
“DataStax CDC for Apache Cassandra” means the DataStax Support offering for CDC and the Open Source Projects used in conjunction with CDC.
“DataStax Luna Streaming Distribution” means the distribution of Apache Pulsar Software and other open source tools made available by DataStax that is licensed under Apache v2.0.
“DataStax Luna” means the DataStax Support offering for the Open Source Software, if applicable, the DataStax Luna Streaming Distribution, and if applicable for the Subscription Tier other Open Source Projects used in conjunction with Apache Pulsar.
“Documentation” means the Open Source Software documentation found here:
Apache Cassandra as made available at http://cassandra.apache.org/.
Apache Pulsar https://pulsar.apache.org/
DataStax Luna Streaming Distribution:https://docs.datastax.com/en/luna/streaming/.
For CDC: https://docs.datastax.com/en/landing_page/doc/landing_page/current.html
“Gossip” means the mechanism within the Software enabling related Nodes to communicate with one another.
“Node” means a Virtual Machine or physical computer that runs one or more components that comprise the Software.
“Open Source Projects” means the following open source projects (subject to the LunaProduct defined under an Order Schedule):
For Luna DB:
- Cassandra Reaper
- Cassandra Medusa
- DataStax Kubernetes Operator
- Nosql Bench
- DataStax Drivers for Apache Cassandra, or the Apache Cassandra drivers created by donation from DataStax listed at https://downloads.datastax.com/#datastax-drivers
- K8ssandra
For Luna Streaming:
- Pulsar Admin Console
- Pulsar Heartbeat
- The following Apache Pulsar Connectors:
- Elasticsearch sink
- JDBC-Clickhouse sink
- JDBC-MariaDB sink
- JDBC-Postgres sink
- Kafka sink
- Kinesis sink
- Debezium MongoDB source
- Debezium MySQL source
- Debezium Postgres source
- Kafka source
- Kinesis source
- DataStax pulsar-sink
- Starlight for JMS
- Starlight for RabbitMQ
- Starlight for Kafka
For CDC for Apache Cassandra:
- Pulsar Admin Console
- Pulsar Heartbeat
- Starlight for JMS
- Starlight for RabbitMQ
- Starlight for Kafka
- The following Apache Pulsar Connectors:
- Elasticsearch sink
- JDBC-Clickhouse sink
- JDBC-MariaDB sink
- JDBC-Postgres sink
- Kafka sink
- Kinesis sink
- Debezium MongoDB source
- Debezium MySQL source
- Debezium Postgres source
- Kafka source
- Kinesis source
- DataStax pulsar-sink
as made available at their respective project sites or from datastax.com.
“Open Source Software” shall mean the following Open Source Software, subject to the Product procure by Customer:
- Apache Cassandra means the Open Source Software licensed by the Apache Software Foundation (ASF) as made available at http://cassandra.apache.org/download/ or from datastax.com. Apache and Cassandra are trademarks of The Apache Software Foundation, and are not owned or distributed by DataStax.
- Apache Pulsar means the Open Source Software licensed by the Apache Software Foundation (ASF) as made available at https://pulsar.apache.org/ or from datastax.com. Apache and Pulsar are trademarks of The Apache Software Foundation, and are not owned or distributed by DataStax.
- Kaskada means the Open Source Software licensed by DataStax as made available at https://kaskada.io.
- “Langflow” means the open source software licensed under MIT license made available at https://github.com/langflow-ai/langflow
“Other Supported Software” means the other supported software as identified on an Order Schedule.
“Subscription” means Customer’s subscription to DataStax Luna Streaming during a specified Product Term.
“Product Term” means the term for which Customer has subscribed to DataStax Luna Streaming. Unless otherwise specified at the time of purchase the Product Term is 12 months from the effective date of such Order Schedule.
“Subscription Tier” means the DataStax Luna Streaming tier to which Customer has subscribed. Subscription Tiers are further described in the Support Addendum.
“Ticket” means a separate and distinct Customer request for technical assistance with an Open Source Project or Other Supported Software submitted through DataStax’s 24-hour web ticketing system at https://support.datastax.com, which contains reasonably sufficient details such as:
- i) contact details
- ii) Issue Description: A clear explanation of the problem the customer is experiencing.
- iii) Severity Level: How critical the issue is for the customer's business operations (e.g., Critical, High, Medium, Low), which is subject to DataStax’s reasonable determination.
- iv) Ticket Category: The type of issue being reported (e.g., Bug Fix, Feature Request, Configuration Help).