Hortonworks Sandbox Terms and Conditions of Use

Last updated on March 11, 2013

Acceptance of Terms of Use

These Sandbox Terms and Conditions of Use (the “Terms of Use”) apply to the Sandbox (as defined below).  The Sandbox is the property of Hortonworks Inc. (“Hortonworks”) and its licensors.  By using or accessing the Sandbox, you agree to comply with, and be bound by, these Terms of Use and all applicable laws and regulations. Please review the following Terms of Use carefully. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SANDBOX. The terms “we” and “our” refer to Hortonworks. The terms “you” and “your” refer to the user of or person or entity accessing the Sandbox.

Hortonworks reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without notice. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Sandbox following the posting of changes will mean that you accept and agree to the changes.

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 components of the Sandbox are licensed to you subject to these Terms of Use and as follows:

1) HDP

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:  

http://hortonworks.com/hortonworks-data-platform-product-dependencies-and-licenses/

2) The Sandbox Wrapper is licensed under the Apache 2.0 license and requires specific notices, each as set forth at the following links:

https://github.com/hortonworks/hortonworks-sandbox/blob/master/LICENSE.txt 

https://github.com/hortonworks/hortonworks-sandbox/blob/master/NOTICE.txt

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: 

http://creativecommons.org/licenses/by-nc-nd/3.0/legalcode

Disclaimers

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

User Accounts

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.

Sandbox Rules 

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

You are not permitted to use the Sandbox for any purpose not expressly specified in these Terms of Use.  Without limiting the foregoing sentence, you agree:

1. You are responsible for Your conduct and content while using the Sandbox and for any consequences thereof
2. To use the Sandbox only for purposes that are legal, do not cause harm to Hortonworks or any third party and are in accordance with these Terms of Use and any applicable Hortonworks policies or guidelines
3. To comply with your own local laws regarding online conduct and acceptable content and not to use the Sandbox for any illegal purpose
4. Not to access the Sandbox for the purpose of monitoring its availability, performance and functionality, or for any other benchmarking or competitive purposes
5. When using the Sandbox, you will not:
6. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
7. upload, post, email, transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
8. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of Hortonworks or any third party;
9. upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by applicable law, these Terms of Use, or any applicable policies or guidelines.
10. distribute any file that you know, or reasonably should know, cannot be legally distributed in such manner;
11. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
12. restrict or inhibit any other user from using and enjoying the Sandbox;
13. remove any copyright, trademark or other proprietary rights notices contained in or on the Sandbox;
14. interfere with or disrupt the Sandbox or servers or networks connected to the Sandbox
15. disobey any requirements, procedures, policies or regulations of networks connected to the Sandbox;
16. create User Accounts by automated means or under false or fraudulent pretenses; or
17. transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature;

Revocation of User Accounts 

Hortonworks reserves the right to revoke a user generated name or account anytime, without notice, for any reason, including if the name or account is being used to abuse the Sandbox, confuse or mislead users, in an offensive manner or not in accordance with these Terms of Use.

Proprietary Rights

Reservation of Rights

Except for the rights expressly granted in these Terms of Use, Hortonworks reserves all rights, title and interest in and to the Sandbox, including all related intellectual property rights. No rights are granted to you other than as expressly set forth herein.

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.

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Privacy

Hortonworks’ Privacy Policy located at http://hortonworks.com/privacy-policy/ applies to your use of this Sandbox and its terms are incorporated into these Terms of Use by this reference. Additionally, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to or via the Sandbox may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. By using the Sandbox, you consent to have your personal data transferred to, and processed by, Hortonworks.

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.

TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE DISCLAIMERS OF WARRANTIES AS SET FORTH IN THIS SECTION , SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS, AND WAIVERS OF LIABILITY SET FORTH IN THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF THE SANDBOX.

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.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, HORTONWORKS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SANDBOX OR ANY CONTENT, HORTONWORKS’ AGGREGATE LIABILITY, REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100.00). NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH THROUGHOUT THIS SECTION AND THESE TERMS OF USE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE HORTONWORKS’ LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

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.

Indemnity

You agree to indemnify and hold Hortonworks, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any and all demands, losses, damages, costs liability, claims or expenses (including reasonable attorneys’ fees and costs of investigation), made against Hortonworks by any third party due to or arising out of or in connection with, (a) your use of the Sandbox, (b) your breach of these Terms of Use, or (c) your violation of any law or regulation or of any third party rights, including but not limited to infringement, libel, misappropriation, or other violation of any third party’s intellectual property or other legal rights.

Violation of These Terms of Use

In the event of your violation of these Terms of Use, Hortonworks may take any of the following actions. These potential actions do not limit the rights of Hortonworks to these possible actions in the event of violation of these Terms of Use, nor does this section limit the rights or possible actions of Hortonworks in situations where no breach has occurred.

1. Hortonworks may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Sandbox, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Hortonworks’ rights or property, or the rights or property of visitors to or users of the Sandbox, including Hortonworks’ customers. Hortonworks reserves the right at all times to disclose any information that Hortonworks deems necessary to comply with any applicable law, regulation, legal process or governmental request. Hortonworks also may disclose your information when Hortonworks determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
2. You acknowledge and agree that Hortonworks may preserve any transmittal or communication by you with Hortonworks through the Sandbox and may also disclose such data if required to do so by law or Hortonworks determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Hortonworks, its employees, users of or visitors to the Sandbox, or the public.
3. You agree that Hortonworks may, in its sole discretion and without prior notice, terminate your access to the Sandbox and/or block your future access to the Sandbox if we determine that you have violated these Terms of Use or other agreements or guidelines that are associated with your use of the Sandbox. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Hortonworks, for which monetary damages would be inadequate, and you consent to Hortonworks obtaining any injunctive or equitable relief that Hortonworks deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Hortonworks may have at law or in equity.
4. If Hortonworks does take any legal action against you as a result of your violation of these Terms of Use, Hortonworks will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Hortonworks. You agree that Hortonworks will not be liable to you or to any third party for termination of your access to the Sandbox.

Export Compliance

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.  

Trademarks 

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

The internal laws of the State of California, excluding its conflict of laws principles, shall govern these Terms of Use and any dispute between you and Hortonworks or any of its officers, directors, affiliates, or employees. You and Hortonworks hereby consent to and agree to submit to the exclusive jurisdiction of, and venue in, the state and federal courts located within Santa Clara County, California with respect to any dispute arising from your use of the Sandbox or these Terms of Use or any other dispute between you and Hortonworks. Each party irrevocably waives, to the fullest extent permitted by law, any right to trial by jury in the resolution of any dispute arising out of, or relating to, use of the Sandbox and these Terms of Use. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to the jurisdiction of, and venue in, the state and federal courts of Santa Clara County, California. You agree that any cause of action you may have arising out of or related to these Terms of Use or the Sandbox must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

Miscellaneous

These Terms of Use operate to the fullest extent permissible by applicable law. If any provision of these Terms of Use is deemed to be invalid, void or unenforceable, such provision shall be deemed severed or limited to the minimum extent necessary and the remaining provisions of these Terms of Use shall not be affected and shall remain in full force and effect. These Terms of Use, along with the Privacy Policy referenced herein, constitute the entire agreement between you and Hortonworks with regard to your use of the Sandbox, and any and all other written or oral agreements, proposals or understandings previously existing between you and Hortonworks with respect to your use of the Sandbox are of no effect. Hortonworks will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The headings used for the sections in these Terms of Use are for convenience and reference purposes only and shall in no way affect the meaning or interpretation of these Terms of Use. Hortonworks’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Hortonworks of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Hortonworks and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. These Terms of Use and any rights granted hereunder may not be transferred or assigned by you, and any such transfer or assignment shall be void and ineffective. Hortonworks may freely assign these Terms of Use and its rights and obligations hereunder without restriction. The rights and obligations of these Terms of Use shall survive the termination of your use of the Sandbox and any use of Hortonworks services and products. Nothing in these Terms of Use or any action by either party should be interpreted as creating an agency or partnership relationship.