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Depending on your configuration and your election to implement certain tools, your use of Collibra may involve third party software (the “Additional Software”) which requires notices and/or may be subject to additional terms and conditions set forth herein (collectively the “Additional Terms”). The Additional Terms, as may be amended and updated from time to time, are set forth on this site. By entering into an agreement with Collibra for Additional Software, including, without limitation, via an order form or similar ordering document (the “Agreement”), you accept and agree to the applicable Additional Terms set forth herein which are referenced in the Agreement and are incorporated by such reference. If you do not agree to the Additional Terms, you should not install the Additional Software.
Capitalized terms in the Additional Terms and not otherwise defined have the meanings given to such terms in the Agreement.
Collibra Connect Restrictions
Customer shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer Collibra Connect or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of Collibra Connect by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions, and then only with prior written notice to MuleSoft); (b) sell, sublicense, rent, loan, lease, distribute, market, or commercialize for any purpose, including timesharing or service bureau purposes: (i) Collibra Connect, (ii) any modified version or derivative work of Collibra Connect created by the Customer or for the Customer, or (ii) any software, either modified or not, licensed under a MuleSoft Public License; (c) remove any product identification, proprietary, copyright or other notices contained in Collibra Connect; (d) modify or create a derivative work of any part of Collibra Connect, or incorporate Collibra Connect into or with other products, except to the extent expressly authorized in writing by MuleSoft; (e) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to Collibra Connect, or (f) except for the back-up purposes, Collibra Connect may not be copied or otherwise reproduced.
Collibra Connect Ownership
Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, MuleSoft and its suppliers have and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to Collibra Connect and all copies, modifications and derivative works thereof created by MuleSoft. Customer acknowledges that it is obtaining only a limited license right to Collibra Connect and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no ownership rights are being conveyed to Customer under the Collibra Connect Terms or otherwise. Customer acknowledges that MuleSoft has a substantial interest in Collibra Connect and that if the Collibra Connect Terms are not directly with MuleSoft then MuleSoft is a third party beneficiary to the Collibra Connect Terms.
Collibra Connect Audit
If requested, Customer shall certify in writing that Customer is using Collibra Connect for the units of measure (i.e. the number of production and/or pre-production cores as set forth in the Order Form or similar ordering document) on the system configuration (i.e. whether virtual or on-premise) and at the site agreed upon by the parties (as applicable). Customer agrees that no more than once annually its use of Collibra Connect may be audited by Collibra or MuleSoft (or an independent auditor working on such party’s behalf) during normal business hours upon reasonable advance written notice for the purpose of verifying Customer’s compliance with the Collibra Connect Terms.
Customer acknowledges that, it may obtain information relating to Collibra Connect or MuleSoft that has not been released to the Mule Community, including, but not limited to, code, technology, know-how, ideas, algorithms, testing procedures, structure, interfaces, specifications, documentation, bugs, problem reports, analysis and performance information, and other technical, business, product, and data (“MuleSoft Confidential Information”). Customer shall not disclose MuleSoft Confidential Information to any third party or use MuleSoft Confidential Information for any purpose other than the use of Collibra Connect as licensed under the Collibra Connect Terms.
MuleSoft Warranty Disclaimer
EXCEPT FOR ANY EXPRESS LIMITED WARRANTY OFFERED BY COLLIBRA FOR WHICH CUSTOMER’S REMEDY IS LIMITED TO REPAIR, REPLACEMENT OR REFUND, THE SOFTWARE IS PROVIDED “AS IS” AND MULESOFT MAKES NO WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE SOFTWARE OR ANY SERVICES AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
MuleSoft Limitation of Damages and Remedies
IN NO EVENT SHALL MULESOFT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE TOTAL LIABILITY OF MULESOFT TO CUSTOMER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY CUSTOMER WITH RESPECT TO THE SOFTWARE. MULESOFT SHALL NOT BE LIABLE FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF MULESOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PARTIES AGREE THAT THE LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT MULESOFT WOULD NOT PERMIT CUSTOMER TO USE THE SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THE COLLLIBRA CONNECT TERMS SHALL BE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Customer acknowledges that Collibra Connect is subject to export restrictions by the United States government and import restrictions by certain foreign governments. Customer shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of Collibra Connect or any direct product thereof: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (iv) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. Customer agrees to the foregoing and warrants that it is not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. Collibra Connect is further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government.
If the user or licensee of this commercial computer software is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of this software, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this contract in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. This product was developed fully at private expense. All other use is prohibited.
Collibra Connect Terms Termination and Survival
Upon any termination of the Collibra Connect Terms, Customer may continue to use Collibra Connect delivered to Customer by Collibra prior to termination subject to the license grant and license restrictions set forth in the Collibra Connect Terms , but Customer shall not be entitled to receive any of the other benefits offered by Collibra or MuleSoft with respect to Collibra Connect (such as maintenance and support). The terms set forth in the sections entitled Collibra Connect Restrictions, Collibra Connect Ownership, MuleSoft Confidentiality, MuleSoft Warranty Disclaimer, MuleSoft Limitation of Damages and Remedies, and Export Compliance shall survive any termination of the Collibra Connect Terms.
These Manta Terms (“Manta Terms”) govern the Customer’s use of the Product, which is the software application developed, maintained and owned by Manta Software, Inc. or Manta Tools s.r.o. as applicable (“Manta”) and licensed Customer by Collibra, as well as any documentation, support and maintenance releases of the Product provided to Customer. Capitalized terms used in the Manta Terms and not otherwise defined herein have the meanings given to such terms in the Collibra Cloud Services Agreement, or the Collibra Software License Agreement, or other master agreement entered into by the parties for the provision of Collibra software and/or services to the Customer (the “Master Agreement”). These Manta Terms are passed through from Manta to Collibra, and must be agreed to by the Customer in order to access the Product licensed by Collibra.
If a Product (as defined herein) is provided by Collibra to Customer as set forth in an Order Form or similar ordering document, Customer agrees that the terms and conditions in the Manta Terms will apply to the Product. The Manta Terms supplement and are in addition to the terms and conditions set forth in the Master Agreement.
Customer acknowledges that Manta has a substantial interest in the Product and that if the Manta Terms are not directly with Manta then Manta is a third party beneficiary to the Manta Terms.
IF CUSTOMER DOES NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE TERMS, OR IF THE CUSTOMER’S AUTHORIZED SIGNATORY NAMED ABOVE DOES NOT HAVE THE AUTHORITY TO BIND CUSTOMER TO THE TERMS, CUSTOMER SHOULD NOT DOWNLOAD OR USE THE LICENSED SOFTWARE
Customer’s Country Headquarters/ Primary Residence
Manta Contracting Entity & Address
Governing Law of the Manta Terms
USA & Canada
Manta Software, Inc., a Delaware corporation One Liberty Plaza, 165 Broadway, New York City, NY 10006, USA
State of New York, United States of America
New York County, California, United States of America
American Arbitration Association
Rest of the World (i.e., outside U.S.A. and Canada)
Manta Tools s.r.o., a company organized under Czech laws
CZ 160 00 Praha 6
Prague, Czech Republic
Before resorting to formal dispute resolution in accordance with this Section Manta encourages Customer to first contact Manta directly to seek a resolution by reaching out to Manta at firstname.lastname@example.org.
Except as otherwise provided in this Section, Customer and Manta agree that any and all disputes or claims may arise between Customer and Manta relating in any way to the Manta Terms or Customer’s use, or inability to use, the Licensed Software, shall be resolved exclusively through final, binding and confidential arbitration (“Agreement to Arbitrate”) at the applicable arbitration venue as set forth in the table above. The arbitration shall be conducted under the applicable rules as set forth in the table above, as such rules are then prevailing, provided that the arbitrator and the parties shall comply with the following: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be binding, final, and confidential, and may be entered in any court of competent jurisdiction.
Notwithstanding anything in the Manta Terms to the contrary, to the extent Customer has in any manner violated or threatened to violate any of Manta’s intellectual property rights, Manta may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country, including in the State of New York, United States of America, and Customer consents to the personal jurisdiction and exclusive venue in such courts.
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A message to our Collibra community on COVID-19. Read more from our CEO.