Splunk_Docker/files/splunkbeta/license-eula.txt

SPLUNK PRE-RELEASE SOFTWARE LICENSE AGREEMENT

THIS PRE-RELEASE SOFTWARE LICENSE AGREEMENT (THE <20>AGREEMENT<4E>) GOVERNS 
YOUR USE OF THE PRE-RELEASE SOFTWARE (DEFINED BELOW) PROVIDED BY SPLUNK 
INC., AND/OR ITS AFFILIATES (<28>SPLUNK<4E>). YOU WILL BE REQUIRED TO INDICATE 
YOUR AGREEMENT TO THIS AGREEMENT IN ORDER TO ACCESS OR DOWNLOAD THE PRE-
RELEASE SOFTWARE OR TO COMPLETE THE INSTALLATION PROCESS FOR THE PRE-
RELEASE SOFTWARE.  BY CLICKING ON THE <20>YES<45> OR <20>I ACCEPT<50> BUTTON (OR 
OTHER BUTTON OR MECHANISM DESIGNED TO ACKNOWLEDGE AGREEMENT TO THE TERMS 
OF THIS AGREEMENT), OR BY DOWNLOADING, ACCESSING OR INSTALLING THE PRE-
RELEASE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.

NOTE: THIS IS THE ONLY AGREEMENT BETWEEN YOU AND SPLUNK GOVERNING YOUR 
USE OF THE PRE-RELEASE SOFTWARE, AND THIS AGREEMENT SHALL SUPERSEDE ANY 
OTHER TERMS OF USE OR LICENSE AGREEMENT THAT MAY APPEAR DURING THE 
INSTALLATION OR DOWNLOADING OF THE PRE-RELEASE SOFTWARE.
IF YOU AGREE TO THESE TERMS ON BEHALF OF A BUSINESS, YOU REPRESENT AND 
WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND THAT BUSINESS TO 
THIS AGREEMENT, AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE 
AGREEMENT OF THE BUSINESS.  IN THAT EVENT, <20>YOU<4F> AND <20>YOUR<55> REFER HEREIN 
TO THAT BUSINESS.  
IF YOU ARE UNWILLING TO AGREE TO THIS AGREEMENT, OR YOU DO NOT HAVE THE 
RIGHT, POWER AND AUTHORITY TO ACT ON BEHALF OF AND BIND YOUR BUSINESS, DO 
NOT CLICK ON THE BUTTON AND DO NOT INSTALL, DOWNLOAD, ACCESS, OR 
OTHERWISE USE THE PRE-RELEASE SOFTWARE AND CANCEL THE LOADING OF THE PRE-
RELEASE SOFTWARE.

1.DEFINITIONS.
Pre-Release Software means the pre-release version of the Splunk product, 
service, technology identified on the software download page or landing 
page or invitation message (the Cover Page), whether labeled as alpha, 
beta, pre-release, preview or otherwise, provided to you by Splunk under 
this Agreement.  Pre-Release Software may include any enhancements, 
updates, upgrades, derivatives or bug fixes to such product, service or 
technology and any documentation, add-ons, templates, sample data sets or 
hardware devices as provided by Splunk. 
Data means your own data and information uploaded or submitted or 
transmitted by you in connection with your use of the Pre-Release 
Software (other than Feedback) and the specific file or output generated 
from the Pre-Release Software, if any, based upon your own data and 
information.
Feedback means all suggestions, comments, opinions, code, input, ideas, 
reports, information, know-how or other feedback provided by you (whether 
in oral, electronic or written form) to Splunk in connection with your 
use of the Pre-Release Software.  Feedback does not include any data, 
results or output created or generated by you using the Pre-Release 
Software, unless submitted or communicated by you to Splunk.
Internal Purposes means internal business use with your systems, 
networks, devices and data for the purposes of internal testing and 
evaluation of the Pre-Release Software in order to provide Feedback to 
Splunk regarding the Pre-Release Software.  Such use does not include 
use of your systems, networks or devices as part of services you provide 
for a third party<74>s benefit.

2.PRE-RELEASE SOFTWARE LICENSE. Subject to your compliance with the terms 
and conditions of this Agreement, Splunk grants you a non-exclusive, non-
sublicensable, nontransferable, revocable, limited license during the 
term of the Agreement to use a single copy of the Pre-Release Software at 
your principal office in a secure location, only in connection with and 
solely for the Internal Purposes.

3.LICENSE RESTRICTIONS. Except as expressly authorized in this Agreement 
or by Splunk, you will not, and will not permit any third party to: (i) 
access or use the Pre-Release Software for any other purposes than the 
Internal Purposes (including for any competitive analysis, commercial, 
professional, or other for-profit purposes); (ii) copy the Pre-Release 
Software (except as required to run the Pre-Release Software and for 
reasonable backup purposes); (iii) modify, adapt, or create derivative 
works of the Pre-Release Software; (iv) rent, lease, loan, resell, 
transfer, sublicense or distribute the Pre-Release Software to any third 
party; (v) use or offer any functionality of the Pre-Release Software on 
a service provider, service bureau, hosted, software as a service, or 
time sharing basis; (vi) decompile, disassemble or reverse-engineer the 
Pre-Release Software or otherwise attempt to derive the Pre-Release 
Software source code, algorithms, methods or techniques used or embodied 
in the Pre-Release Software; (vii) disclose to any third party the 
results of any benchmark tests or other evaluation of the Pre-Release 
Software, or (viii) remove, alter, obscure, cover or change any 
trademark, copyright or other proprietary notices, labels or markings 
from or on the Pre-Release Software; (ix) interfere with or disrupt 
servers or networks connected to any website through which the Pre-
Release Software provided; or (x) use the Pre-Release Software to collect 
or store personal data about any person or entity.  Any consultant, 
contractor, or agent hired to perform services for you may operate the 
Pre-Release Software on your behalf under these terms and conditions, 
provided that: (a) you are responsible for ensuring that any such third 
party agrees to abide by and fully comply with the terms of this 
Agreement on the same basis as applicable to you; (b) such use is only in 
connection with your Internal Purposes; (c) such use does not represent 
or constitute an increase in the scope of the licenses provided 
hereunder; and (d) you remain fully liable for any and all acts or 
omissions by such third parties related to this Agreement.  Any violation 
of this Section shall be a material breach of this Agreement subject to 
immediate termination of this Agreement for which no notice from Splunk 
shall be required.

4.CONFIDENTIALITY.  You agree to hold the Pre-Release Software (including 
all intellectual property rights therein, such as any patents, 
inventions, copyrights, design rights, trade secrets and know-how) and 
any related information (Confidential Information), whether in oral or 
written form, confidential. Confidential Information may include 
information relating to features, functionalities, improvements, code, 
pricing, business strategies, product roadmaps, development plans, 
marketing materials, data sets, customer lists or other proprietary 
third-party information.  You will hold such Confidential Information in 
strict confidence and not use or disclose the Confidential Information, 
in whole or in part, except as expressly permitted in this 
Agreement.  You may disclose Confidential Information to your employees, 
but only to the extent they have a need to know to test the Pre-Release 
Software and you have advised them that such information is Confidential. 
You agree to instruct any such employees in advance who will have access 
to the Pre-Release Software that they must comply with the restrictions 
set forth in this Agreement.  You shall have no obligation to maintain 
the confidentiality of any information which: (a) is or becomes publicly 
available without breach of this Agreement; (b) is rightfully received by 
you from a third party without an obligation of confidentiality and 
without breach of this Agreement; (c) is developed independently by you 
without access to or use of the Confidential Information; or (d) has been 
approved for release by written authorization of the party that owns the 
Confidential Information. You will notify immediately upon discovery of 
any unauthorized use or disclosure of Confidential Information or any 
other breach of this Agreement by you or your personnel, and will 
cooperate with Splunk in every reasonable way to help Splunk regain 
possession of the Confidential Information and prevent its further 
unauthorized use or disclosure. You acknowledge that any breach of its 
obligations under this Agreement with respect to the proprietary rights 
or Confidential Information will cause Splunk irreparable injury for 
which there are inadequate remedies at law, and therefore, Splunk will be 
entitled to equitable relief in addition to all other remedies provided 
by this Agreement or available at law or in equity.

5.TERM AND TERMINATION. This Agreement will be effective from the earlier 
of (a) the date it is accepted by you and (b) the date on which you first 
installed, downloaded or accessed a copy of the Pre-Release Software and 
shall continue until terminated. This Agreement may be terminated at any 
time by either party, with or without cause, effective upon notice of 
termination.  This Agreement will terminate automatically upon the end of 
the Pre-Release Software project as identified on the Cover Page or upon 
commercial release (if any) of the Pre-Release Software, whichever is 
earlier.  This is time-sensitive software, so it will stop functioning on 
the termination date. Upon termination, you will immediately cease all 
use of the Pre-Release Software and destroy the Pre-Release Software, or 
upon request by Splunk, return to Splunk the Pre-Release Software and 
other Confidential Information that are in your possession or 
control.  Upon Splunk<6E>s request, you will certify in writing that you 
have returned or destroyed all copies of the Pre-Release Software and 
Confidential Information.  Sections 1, 3, 4, 6, 7, 8, 9, 10, 11, 15, and 
16 will survive termination of this Agreement.

6.OWNERSHIP. Splunk, its suppliers and/or its licensors own all worldwide 
right, title and interest in and to the Pre-Release Software, including 
all worldwide patent rights (including patent applications and 
disclosures); copyright rights (including copyrights, copyright 
registration and copy rights with respect to computer software, software 
design, software code, software architecture, firmware, programming 
tools, graphic user interfaces, reports, dashboard, business rules, use 
cases, screens, alerts, notifications, drawings, specifications and 
databases); moral rights; trade secrets and other rights with respect to 
confidential or proprietary information; know-how; other rights with 
respect to inventions, discoveries, ideas, improvements, techniques, 
formulae, algorithms, processes, schematics, testing procedures, 
technical information and other technology; and any other intellectual 
and industrial property rights, whether or not subject to registration or 
protection; and all rights under any license or other arrangement with 
respect to the foregoing. Except as expressly stated in this Agreement, 
Splunk does not grant you any intellectual property rights in the Pre-
Release Software, and all right, title, and interest in and to all copies 
of the Pre-Release Software not expressly granted remain with Splunk, its 
suppliers and/or its licensors. The Pre-Release Software is copyrighted 
and protected by the laws of the United States and other countries, and 
international treaty provisions. You acknowledge that the Pre-Release 
Software is licensed and not sold.

7.FEEDBACK. Splunk, in its sole discretion, may or may not respond to 
your Feedback or promise to address all your Feedback in the development 
of future features or functionalities of the Pre-Release Software or any 
related or subsequent versions of such Pre-Release Software.  In the 
event Splunk uses your Feedback, you grant Splunk an unrestricted, 
perpetual, worldwide, exclusive, transferable, irrevocable, 
sublicensable, royalty-free, fully paid-up license to use, copy, modify, 
create derivative works of, make, have made, distribute (through multiple 
tiers of distribution), publicly perform or display, import, export, 
sell, offer to sell, rent, or license copies of the Feedback as part of 
or in connection with any Splunk product, service, technology, content, 
material, specification or documentation.  You warrant that the Feedback 
does not infringe any copyright or trade secret of any third party, and 
that you have no knowledge of any patent of any third party that may be 
infringed by the Feedback (including any implementation thereof 
recommended by you).  You further warrant that your Feedback is not 
subject to any license terms that would purport to require Splunk to 
comply with any additional obligations with respect to any Splunk product 
or service that incorporates your Feedback.

8.DATA. You hereby grant Splunk a perpetual, irrevocable, non-exclusive, 
royalty-free, paid-up, worldwide, sublicensable license to use, access, 
transmit, host, store, and display the Data solely for the purpose of 
providing and improving the Pre-Release Software.  Splunk (or its 
sublicensees) may exercise such license for purposes of providing, 
maintaining, repairing, administering and improving the Pre-Release 
Software or in developing new products or services, including rights to 
extract, compile, aggregate, synthesize, use, and otherwise analyze all 
or any portion of the Data. You represent, warrant and agree that the 
Data and other materials you provide or make available to Splunk will 
include only information relevant to the Pre-Release Software and the use 
thereof and will not include any personally identifiable information or 
any protected health data.  You acknowledge and agree that you are solely 
responsible for all Data you upload or submit using the Pre-Release 
Software and for your conduct while using the Pre-Release Software.  You 
acknowledge and agree that:  (a) you will evaluate and bear all risks 
associated with the use of any Data; (b) you are responsible for 
protecting and backing up the Data; (c) you are responsible for 
protecting the confidentiality of any Data; and (d) under no 
circumstances will Splunk be liable in any way for any Data, including, 
but not limited to, any errors or omissions in any Data, or any loss or 
damages or any kind incurred as a result of your use, deletion, 
modification, or correction of any Data. Splunk has no responsibility to 
store, protect, remove or delete any Data for you and shall have no 
liability for the deletion of or failure to store any Data.

9.WARRANTY DISCLAIMER. THE PRE-RELEASE SOFTWARE IS PROVIDED <20>AS 
IS<EFBFBD>.  SPLUNK DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, 
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, 
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, QUIET ENJOYMENT AND 
WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE OR BY 
STATUTE OR IN LAW.  SPLUNK SPECIFICALLY DOES NOT WARRANT THAT THE PRE-
RELEASE SOFTWARE WILL MEET YOUR REQUIREMENTS, THE OPERATION OR OUTPUT OF 
THE PRE-RELEASE SOFTWARE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE 
OR UNINTERRUPTED.  Splunk is not obligated to support, update or upgrade 
the Pre-Release Software.

10.NO RELIANCE. Splunk has no obligations about any forward-looking 
statements made in connection with or in the course of providing the Pre-
Release Software. Forward-looking statements are statements regarding 
future Splunk events, product offerings, product performance, customer 
uses or the expected financial performance of Splunk.  Any such 
statements reflect current expectations and estimates based on factors 
currently known and that actual events or results could differ 
materially.  Splunk does not assume any obligation to update any forward-
looking statements made during the Pre-Release Software project.  In 
addition, any information about our roadmap outlines our general product 
direction and is subject to change at any time without notice.  It is for 
informational purposes only and shall not be incorporated into this 
Agreement or any contract or other commitment.  Splunk undertakes no 
obligation either to develop the features or functionality described in 
the forward-looking statement or to include any such feature or 
functionality in a future release, including those you are reviewing as a 
part of this Pre-Release Software. You expressly acknowledge that the 
Pre-Release Software has not been fully tested and may contain defects or 
deficiencies which may not be corrected by Splunk, that the Pre-Release 
Software may undergo significant changes prior to release of the 
corresponding generally available final version.

11.LIMITATION OF LIABILITY. IN NO EVENT WILL SPLUNK BE LIABLE TO YOU FOR 
ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES 
(INCLUDING LOSS OF USE, DATA, OR PROFITS, BUSINESS INTERRUPTION, OR COSTS 
OF PROCURING SUBSTITUTE PRE-RELEASE SOFTWARE) ARISING OUT OF OR IN 
CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE PRE-
RELEASE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, 
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER 
OR NOT SPLUNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 
THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY 
EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 
WITHOUT LIMITING THE FOREGOING, SPLUNK WILL HAVE NO LIABILITY OR 
RESPONSIBILITY FOR ANY BUSINESS INTERRUPTION OR LOSS OF DATA ARISING FROM 
THE AUTOMATIC TERMINATION OF THE LICENSE RIGHTS GRANTED HEREIN AND ANY 
ASSOCIATED CESSATION OF THE PRE-RELEASE SOFTWARE FUNCTIONS OR ANY 
UNANTICIPATED OR UNSCHEDULED DOWNTIME FOR ANY REASON OR ANY DELETION, 
CORRUPTION OR DAMAGE OF DATA ON OR THROUGH THE PRE-RELEASE 
SOFTWARE.  SPLUNK<4E>S TOTAL CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF 
ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT 
EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES OR 
JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR 
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12.PRIVACY. You acknowledge that Splunk and its providers may obtain 
certain information and data from you (including, without limitation, 
personal information) in connection with your use of the Pre-Release 
Software, including, without limitation, information and data provided in 
connection with registration, activation, updating, authentication, 
monitoring installation of and access to the Pre-Release Software. You 
hereby consent to Splunk and its providers maintaining, using, storing 
and disclosing such information and data (including, without limitation, 
personal information, if any) in conformity with Splunk Privacy Policy, 
which may be updated from time to time.  You further consent to receiving 
electronic communications and notifications from Splunk in connection 
with your use of the Pre-Release Software.

13.EXPORT. You will comply fully with all relevant export laws and 
regulations of the United States and any other country (Export Laws) 
where you use any of the Pre-Release Software. You represent and warrant 
that you are not (a) located in, or a resident or a national of, a 
restricted country; or (b) on any of the relevant U.S. Government Lists 
of prohibited persons, including but not limited to the Treasury 
Department<EFBFBD>s List of Specially Designated Nationals and the Commerce 
Department<EFBFBD>s List of Denied Persons or Entity List.  You further 
represent and warrant that you shall not export, re-export, ship, 
transfer the Pre-Release Software to any restricted countries or 
restricted end users or use the Pre-Release Software in any restricted 
countries or for any purposes prohibited by the Export Laws, including, 
but not limited to, nuclear, chemical, missile or biological weapons 
related end uses.  You understand that the requirements and restrictions 
of the Export Laws may vary depending on the specific Pre-Release 
Software and may change over time, and that, to determine the precise 
controls applicable to the Pre-Release Software, it is necessary to refer 
to the U.S. Export Administration Regulations and the U.S. Department of 
Treasury, Office of Foreign Assets Control Regulations.

14.GOVERNMENT END USER RIGHTS.  You acknowledge that all Pre-Release 
Software and Confidential Information were developed entirely at private 
expense and that no part of the Pre-Release Software or Confidential 
Information was first produced in the performance of a Government 
contract.  You agree that the Pre-Release Software and any derivatives 
thereof are <20>commercial items<6D> as defined in 48 C.F.R. <20> 2.101, and if 
you are a U.S. Government agency or instrumentality or if you are 
providing all or any part of the Pre-Release Software or any derivatives 
thereof to the U.S. Government, such use, duplication, reproduction, 
release, modification, disclosure or transfer of this commercial product 
and data, is restricted in accordance with 48 C.F.R. <20> 12.211, 48 C.F.R. 
<EFBFBD> 12.212, 48 C.F.R. <20> 227.7102-2, and 48 C.F.R. <20> 227.7202, as 
applicable.  Consistent with 48 C.F.R. <20> 12.211, 48 C.F.R. <20> 12.212, 48 
C.F.R. <20> 227.7102-1 through 48 C.F.R. <20> 227.7102-3, and 48 C.F.R. <20><> 
227.7202-1 through 227.7202-4, as applicable, the Pre-Release Software is 
licensed to U.S. Government end users (i) only as Commercial Items and 
(ii) with only those rights as are granted to all other users pursuant to 
this Agreement and any related agreement(s), as applicable.  Accordingly, 
you will have no rights in the Pre-Release Software except as expressly 
agreed to in writing by you and Splunk.

15.CHOICE OF LAW AND DISPUTES.  For other than the U.S. Government as a 
party, this Agreement shall be governed by and construed in accordance 
with the laws of the State of California, as if performed wholly within 
the state and without giving effect to the principles of conflict of law 
rules of any jurisdiction or the United Nations Convention on Contracts 
for the International Sale of Goods, the application of which is 
expressly excluded. Any legal action or proceeding arising under this 
Agreement will be brought exclusively in the federal or state courts 
located in San Francisco, California and the parties hereby consent to 
personal jurisdiction and venue therein.

16.GENERAL. All notices required or permitted under this Agreement hereto 
will be in writing and delivered in person, by confirmed facsimile 
transmission, by overnight delivery service, or by registered or 
certified mail, postage prepaid with return receipt requested, and in 
each instance will be deemed given upon receipt. You may not assign, 
delegate or transfer this Agreement, in whole or in part, by agreement, 
operation of law or otherwise. You acknowledge that Splunk may assign, 
subcontract or delegate any of its rights or obligations under this 
Agreement. Any attempt to assign this Agreement other than as permitted 
herein shall be null and void.  Subject to the foregoing, this Agreement 
will bind and inure to the benefit of the parties<65> permitted successors 
and assigns.  This Agreement along with any additional terms incorporated 
herein by reference constitute the complete and exclusive understanding 
and agreement between the parties relating only to the subject matter of 
the Pre-Release Software and Confidential Information and shall supersede 
any and all prior or contemporaneous agreements, communications and 
understandings, written or oral, relating to such subject matter. This 
Agreement is limited to the use of Pre-Release Software and Confidential 
Information and as such, this Agreement is separate from and shall have 
no effect on any other agreement you may have with Splunk.  Any waiver, 
modification or amendment of any provision of this Agreement will be 
effective only if in writing and signed by duly authorized 
representatives of both parties.  All rights and remedies, whether 
conferred hereunder or by any other instrument or law, will be cumulative 
and may be exercised singularly or concurrently. The failure by either 
party to enforce any provisions of this Agreement will not constitute a 
waiver of any other right hereunder or of any subsequent enforcement of 
that or any other provisions. The terms and conditions stated herein are 
declared to be severable. If a court of competent jurisdiction holds any 
provision of this Agreement invalid or unenforceable, the remaining 
provisions of the Agreement will remain in full force and effect, and the 
provision affected will be construed so as to be enforceable to the 
maximum extent permissible by law.

Updated December 5, 2016