Terms
Last updated: July 27, 2016
Cask Data, Inc. ("Cask Data," "we," "us," or "our") owns and operates the websites at the domains located as follows cask.co, cdap.io, coopr.io, tephra.io, tigon.io and coo.pr (collectively, the "Sites"). These Terms of Use state the terms and conditions under which you may use the Sites and the products and/or services available through the Sites (the "Services"). Please read these Terms of Use carefully. By browsing the public areas of the Sites or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this "Agreement"). If you do not agree to any of these terms, then please do not use the Services. These Terms of Use may be updated by us from time to time without notice to you.
The Services
Through the Sites, we offer the following Services:
Cask® Data Application Platform (CDAP), which is an integrated development framework and application server that allows data processing, application management and serves data applications.
CDAP SDK, which consists of platform APIs, tools, and a standalone version of CDAP (which is a single node version and not a distributed) version of the platform.
Coopr, which is a cluster provisioning and management software that can be used to deploy data applications.
Coopr Cloud, which is a hosted version of Coopr, where developers can create and manage clusters via a UI hosted by us, with the data and clusters hosted by a third party cloud provider.
Tephra®, which is a globally consistent, distributed transaction engine on Apache HBase.
Tigon®, which is a distributed framework built on Apache Hadoop® and Apache HBase for real-time, high-throughput, low-latency data processing and analytics applications.
Apache Twill, which is an abstraction over Apache Hadoop YARN written and sponsored by us that reduces the complexity of developing distributed applications.
Cask Hydrator™, which is a self-service, reconfigurable, extendable open source framework to visually develop, run, automate, and operate data pipelines. Cask Tracker™, which is a self-service CDAP Extension that automatically captures rich metadata and provides users with visibility into how data is flowing into, out of, and within a Data Lake.
Registration
You are welcome to browse the Site as a visitor without providing any information to us. If you would like to use the Services, you will be asked if you want to register as a user (a "Registered User") by submitting your email address. We may verify your email address and notify you via email to complete the registration process and you can do so by following the link in the email. During the registration process, you may have to provide your first name, last name, email address and create a password for your account. You may sign-in to your account using Facebook Connect, GitHub authentication or Twitter authentication. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. We reserve the right to delete your user account at any time and for any reason.
All of our services are provided on an open source basis subject to the Apache License, Version 2.0 (the “Apache License”). You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0.html. In the event of a conflict between these terms and the terms of the Apache License, Version 2.0, the Apache License, Version 2.0 will control.
You have the option of using CDAP, Cask Hydrator, Cask Tracker, Coopr, Tephra, or Tigon on a commercial basis. For commercial use, you will have to contact us to obtain our consent and we will have to agree on separate commercial terms and conditions, including, without limitation, fees and payment terms, prior to allowing such use.
If you choose to use Coopr Cloud, your use is subject to the terms set forth herein, as well as any additional terms and conditions that you agree to prior to accessing Coopr Cloud.
Use of Personal Data
Your use of the Site and/or the Services may involve the transmission to us of certain personally-identifiable information (the "Personal Data"). Our policies with respect to the collection and use of Personal Data, including via Facebook Connect, GitHub authentication and Twitter authentication, are governed according to our Privacy Policy which is hereby incorporated by reference in its entirety.
Intellectual Property
The Sites and the Services, as well as all material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Cask Data through the Sites and/or the Services (collectively referred to as the "Cask Data Property") are owned by us or by our third party licensors, and is protected under both United States and foreign laws. The Cask Data Property includes the trademarks, service marks, and logos of Cask Data used and displayed on the Sites and the Services, which are registered and unregistered trademarks or service marks of Cask Data.
Except as otherwise provided in this Agreement, you have no rights in or to any of the Cask Data Property, and you must not:
- Use any of the Cask Data Property except as permitted under this Agreement;
- Remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content;
- Sell, transfer, assign, license, sublicense, or modify any Cask Data Property or use the Cask Data Property for any public or commercial purpose;
- Use or post Cask Data Property on any other website or in a networked computer environment; or
- Reverse engineer or otherwise attempt to discover the source code of any Cask Data Property.
Trademark Guidelines
These Guidelines cover our word trademarks and service marks (the “Word Marks”):
Mark: Common descriptive name for the goods or services
Cask: Computer software and related services
Tephra: Computer software
Tigon: Computer software
Coopr: Computer software
Cask Hydrator: Computer software
Cask Tracker: Computer software
Trademark Usage Guidelines
The trademarks and logos displayed on the Media Kit webpage and throughout this website (the "Cask Data Marks") are important assets of Cask Data. Cask Data grants you a limited, non-exclusive, non-transferable license to use the Cask Data Marks for the sole purpose of advertising, marketing and promoting your partnership with Cask Data and/or Cask Data products and/or services, and in all cases subject to the terms and conditions set forth below. Cask Data retains the right to revoke this license at any time for any reason.
- How to use Cask Data Trademarks in the Media Kit. Any use of the Cask Data Marks must be accompanied with the ™ or ® symbol as displayed on the Media Kit webpage.
- You must:
- Use Cask Data Marks as adjectives that modify, or are followed or accompanied by, the generic or common name of the product or service it identifies;
- Use Cask Data trademarks in a readable size;
- Maintain empty space equal to at least half the height of any logos on all sides;
- Use the Cask Data's Marks with a contrasting background.
- For example, a Cask Data Mark which is orange will be on light backgrounds. Likewise, a Cask Data Mark which is white will be on dark backgrounds.
- You may not:
- Use Cask Data Marks as a common noun;
- Modify Cask Data Marks in any way, including changing any design elements, proportions, resolutions or colors;
- Add any additional elements, filters or effects to the Cask Data Marks;
- Combine any part of the Cask Data Marks with your name, trademarks, logos, product icons or generic terms;
- Use any icons, images or trademarks to represent Cask Data other than what is found in this Media Kit.
User Generated Content
Registered Users may post and/or create content through the Services (hereinafter, "User Generated Content"). We cannot and do not review it all-we are merely acting as a passive conduit for distribution of the User Generated Content. That said, we may remove User Generated Content that does not adhere to our Community Guidelines, or that is offensive or otherwise unacceptable to us in our sole discretion.
Remember, once you submit User Generated Content for inclusion on our Site, it may be accessible by others, including any personally identifying information that you may make available online.
You retain all copyrights and other intellectual property rights in and to anything you upload to the Site, but we need the right to use the User Generated Content that you provide through the Services. You hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, distribute, publish, publicly perform, and publicly display your User Generated Content and associated works, along with the right to excerpt, analyze, index, and create derivative works from your User Generated Content and associated works, and to likewise use the names, images, likenesses, and photographs of all those affiliated with your User Generated Content.
Community Guidelines
Cask Data's community, like any community, functions best when we all follow a few simple rules. By accessing and/or using the Services, you hereby agree that:
- You will not use the Services for any unlawful purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another's privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person's e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not "stalk" or otherwise harass another;
- You will not spam or use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means; and
- Let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we'll review it.
Unsolicited Information
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE SITES AND/OR THE SERVICES, ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF CASK DATA, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY "CASK DATA PARTIES") WARRANT THAT THE SITES OR THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITES OR THE SERVICES: (I) THE CASK DATA PARTIES SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF SUCH CASK DATA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SITES OR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDEING THE EVENTS GIVING RISE TO THE CLAIM.
External Sites
This Sites or the Services may contain links to third-party websites ("External Sites"), but Cask Data does not endorse and is not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.
Indemnification
You agree to defend, indemnify, and hold Cask Data Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Sites, the Services, or any other Cask Data Property; (iii) any User Generated Content provided through your account that violates this Agreement or applicable law; and (iii) your violation of any right or ours or any third-party right, including without limitation any copyright, trademark, property, or privacy right.
Compliance with Applicable Laws
The Site and the Services are based in the United States, and are intended to be used only by residents of the United States that are age 13 years or older. We make no claims concerning whether the Site, the Services or the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Termination
We may terminate this Agreement and your access to all or any part of the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
Copyright Complaints
If you believe any Site contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.
To contact our Copyright Agent by regular mail, please write to:
Cask Data, Inc. Copyright Agent
Vikram Bhan
150 Grant Avenue, Suite A
Palo Alto, CA 94306
To contact our Copyright Agent by email, please write to info@cask.co, with COPYRIGHT NOTICE in the subject line.
Miscellaneous
This section, the section entitled Intellectual Property, Indemnification, and the section entitled Disclaimer and Limitation of Liability shall survive the termination of this Agreement. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of California. Except for proceedings commenced by Cask Data to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of California. This Agreement constitutes the entire agreement of the parties concerning this Site, the Services, and all other Cask Data Property and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Sites and/or the Services.
Other product and company names mentioned herein, within our documentation or webpages, may be the trademarks of their respective owners.
Questions or comments regarding the Sites, including any reports of non-functioning links, should be submitted using our email address info@cask.co or via U.S. mail to 150 Grant Avenue, Suite A Palo Alto, CA 94306. We try to respond in a timely manner but are not always able to do so.