HPE CUSTOMER PASS THROUGH TERMS FOR MAPR SOFTWARE AND SERVICES

HPE's obligations with respect to products or services supplied by HPE and procured by an end-user customer (hereinafter “Customer”) from authorized HPE/MapR Business Partners are limited to the terms and conditions in these HPE CUSTOMER PASS THROUGH TERMS (“Terms”) and the specific Supporting Material included with the HPE supplied products and services. HPE is not responsible for the acts or omissions of HPE Business Partners, for any obligations undertaken by them or representations that they may make, or for any other products or services that they supply to Customer.

1. Orders. “Order” means the accepted order including any HPE/MapR-branded supporting material which is identified as incorporated either by attachment or reference (“Supporting Material”). Supporting Material may include (as examples) product lists, hardware or software specifications, end user license agreements, service descriptions, data sheets and their supplements and statements of work (SOWs), HPE Packaged Support Service Agreement, published warranties and service level agreements, and may be available to Customer in hard copy or by accessing a designated HPE/MapR website.
2. Support Services. HPE’s support services will be described in the applicable Supporting Material, which will cover the description of HPE’s offering, eligibility requirements, service limitations and Customer responsibilities, as well as the Customer systems supported.
3. Professional Services. HPE will deliver any ordered IT consulting, training, or other services as described in the applicable Supporting Material.
4. Professional Services Acceptance. The acceptance process (if any) will be described in the applicable Supporting Material, will apply only to the deliverables specified, and shall not apply to other products or services to be provided by HPE.
5. Eligibility. HPE’s service, support and warranty commitments do not cover claims resulting from:
   • 1. improper use, site preparation, or site or environmental conditions or other non-compliance with applicable Supporting Material;
   • 2. modifications or improper system maintenance or calibration not performed by HPE or authorized by HPE;
   • 3. failure or functional limitations of any non-HPE software or product impacting systems receiving HPE support or service;
   • 4. malware (e.g. virus, worm, etc.) not introduced by HPE; or
   • 5. abuse, negligence, accident, fire or water damage, electrical disturbances, transportation by Customer, or other causes beyond HPE’s control.
6. Dependencies. HPE’s ability to deliver services will depend on Customer’s reasonable and timely cooperation and the accuracy and completeness of any information from Customer needed to deliver the services.
7. Services Performance. Services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and HPE will re-perform any services that fail to meet this standard.
8. Services with Deliverables. If Supporting Material for services defines specific deliverables, HPE warrants those deliverables will conform materially to their written specifications for 30 days following delivery. If Customer notifies HPE of such non-conformity during the 30 day period, HPE will promptly remedy the impacted deliverables and Customer will return those deliverables to HPE.
9. Remedies. These Terms state all remedies for warranty claims. To the extent permitted by law, HPE disclaims all other warranties.
10. Confidentiality. Information exchanged under these Terms will be treated as confidential if identified as such at disclosure or if the circumstances of disclosure would reasonably indicate such treatment. Confidential information may only be used for the purpose of fulfilling obligations or exercising rights under these Terms, and shared with employees, agents or contractors with a need to know such information to support that purpose. Confidential information will be protected using a reasonable degree of care to prevent unauthorized use or disclosure for 3 years from the date of receipt or (if longer) for such period as the information remains confidential. These obligations do not cover information that: i) was known or becomes known to the receiving party without obligation of confidentiality; ii) is independently developed by the receiving party; or iii) where disclosure is required by law or a governmental agency.
11. Limitation of Liability. HPE’s liability to Customer under these Terms is limited to $1,000,000. Neither Customer nor HPE will be liable for lost revenues or profits, downtime costs, loss or damage to data or indirect, special or consequential costs or damages. This provision does not limit either party’s liability for: unauthorized use of intellectual property, death or bodily injury caused by their negligence; acts of fraud; willful repudiation of these Terms; nor any liability which may not be excluded or limited by applicable law.
12. Force Majeure. Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control.
13. General. These Terms represent our entire understanding with respect to its subject matter and supersede any previous communication or agreements that may exist. To the extent there is any conflict between these Terms and any Supporting Material, these Terms should apply. Modifications to these Terms will be made only through a written amendment signed by HPE and Customer. These Terms will be governed by the laws of the country of the HPE affiliate delivering services to the Customer the courts of that locale will have jurisdiction. Customer and HPE agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Claims arising or raised in the United States will be governed by the laws of the state of California, excluding rules as to choice and conflict of law.
14. Data Protection. Each party shall comply with their respective obligations under applicable data protection legislation. To the extent HPE processes personal data on your behalf in the course of providing the services, the HPE Support Services – Data Privacy and Security Agreement found at www.hpe.com/info/customerprivacy.html shall apply.
15. Media Sanitization. You are responsible for properly sanitizing or removing data from products that may be replaced or returned to HPE as part of the repair process to ensure the safeguarding of your data. For more information on your responsibilities, go to https://www.hpe.com/us/en/about/support-drivers/privacydataprotection.html.