BY SELECTING “ACCEPT AND CONTINUE” BELOW, YOU ARE EXPRESSLY ACKNOWLEDGING AND AGREEING THAT THIS AGREEMENT, BETWEEN YOU AND MICRO FOCUS LLC (WITH ITS AFFILIATES, “MICRO FOCUS” OR “WE”), GOVERNS YOUR USE OF THE VERTICA CLIENT DRIVER SOFTWARE (TOGETHER WITH ANY UPDATES AND ENHANCEMENTS TO IT, AND ACCOMPANYING DOCUMENTATION, THE “DRIVERS”) THAT WE MAKE AVAILABLE TO YOU IN CONNECTION WITH MICRO FOCUS’ VERTICA SOFTWARE PRODUCT (OR ANY SUCCESSOR PRODUCT DESIGNATED BY US IN WRITING, THE “SOFTWARE”). THIS AGREEMENT GOVERNS THE LICENSING OF THE DRIVERS ONLY AND IF YOU WISH TO USE THE VERTICA SOFTWARE PRODUCT ITSELF, YOU WILL NEED TO LICENSE IT SEPARATELY UNDER THE APPROPRIATE COMMERCIAL OR COMMUNITY EDITION LICENSE.
- Except as stated below in this Agreement, the Drivers are governed by the Micro Focus End User License Agreement (the “EULA”) located at https://www.microfocus.com/en-us/legal/software-licensing. In the event of any conflict between the terms of this Agreement and the EULA, this Agreement will control and take precedence.
- This Agreement grants you a limited, nonexclusive, non-transferable, non-sublicensable license to install, use, and copy the object code of the Drivers free of charge for the sole purpose of developing a program that can use the Drivers to connect to the Software database. You may generally use the Drivers to connect to the Software. You may also distribute the Drivers, provided that (a) you distribute the Drivers as part of a software program or package that you develop; (b) you require end users to agree to terms that are consistent with, and at least as protective of Micro Focus and the Drivers as, this Agreement; (c) you retain without modification any copyright, patent, trademark, or attribution notices that are present in the Drivers; and (d) you distribute the Drivers for the sole purpose of your program connecting to the Software.
- Your rights under this Agreement will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. In the case of termination, you must cease all use and destroy all copies of the Drivers. We may modify, suspend, discontinue, or terminate your right to use part or all of the Drivers at any time without notice to you and Micro Focus will not be liable to you should it exercise those rights. We may amend this Agreement at our sole discretion by posting the revised terms on the Micro Focus website https://www.vertica.com/download/vertica/client-drivers/ or within the Drivers. Your continued use of the Drivers after any amendment’s effective date evidence your agreement to be bound by it.
- The Drivers are the sole and exclusive intellectual property of Micro Focus. No support is provided for the Drivers.
- Some components of the Drivers may be governed by applicable open source software licenses. Your license rights with respect to these individual components are defined by the applicable open source software licenses, and nothing in this Agreement will restrict, limit, or otherwise affect any rights or obligations you may have, or conditions to which you may be subject, under such open source software licenses.
- The Drivers contains third party components, including any run time or other elements licensed to Micro Focus by a third party licensor (“Third Party Components”). Third Party Components are the sole and exclusive intellectual property of the applicable third party licensor. You agree that to the extent required by a third party licensor of a Third Party Component, that third party licensor is an intended third party beneficiary of this Agreement as necessary to protect its intellectual property rights software and limit certain uses thereof. You agree that any third party licensors of Third Party Components will have no liability with respect to the Third Party Components under this agreement.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE EULA, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE AND DISTRIBUTION OF THE DRIVERS IS AT YOUR SOLE RISK AND ARE DELIVERED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, AND MICRO FOCUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
- You are liable for and will defend, indemnify, and hold harmless Micro Focus and its affiliates, officers, directors, agents, and employees, from and against any claims, liability, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of (i) your distribution or use of your programs, (ii) your use of the Drivers, (iii) violation of applicable law, or (iv) violation of any right of any person or entity, including without limitation intellectual property rights.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE EULA, TO THE EXTENT NOT PROHIBITED BY LAW, MICRO FOCUS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE DRIVERS, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE DRIVERS. IN ANY CASE, MICRO FOCUS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO $100.00.
