Welcome to Databricks Community Edition! We are pleased to provide Databricks Community Edition (“Community Edition”) at no charge to those interested in learning and exploring the use of Databricks’ cloud-based data analytics platform, which enables data analysts and others to easily tap the power of Apache Sparkä and Databricks’ other proprietary functionality. Your use of Community Edition is governed by these Terms of Service (the “Terms”). By clicking to accept these Terms or using the Community Edition Services, you are representing that you have carefully read, understood and agree to be bound by these Terms. If you are using the Community Edition Services on behalf of an organization, you represent and warrant that you are authorized to bind that entity to these Terms, in which case “you” or “your” will refer to that entity (otherwise, such terms refer to you as an individual). If you do not have authority to bind your entity or do not agree with these Terms, you must not accept these Terms and may not use the Community Edition Services. The effective date of these Terms is the earliest to occur of the date you explicitly accept these Terms, or the date you first access or use the Community Edition Services.
YOUR DATA AND USE OF COMMUNITY EDITION – RESTRICTIONS APPLY
There Are Strict Limits On What Your Data Can Include. In order for us to provide the Community Edition Services to you at no charge, we have implemented certain cost saving elements within the architecture of the Community Edition Services including, among other things, the use of a multi-tenant environment with limited data security protections. In addition, Databricks personnel have generally unrestricted access to data used or exposed to the Community Edition Services for the purposes of monitoring and improving the quality of the service. Therefore, you should have no expectation of privacy regarding the data you submit or link in any way to the Community Edition Services (collectively, “Your Data”) and you must limit Your Data to only that data that you can afford to lose, or have accessed, obtained or disseminated by other parties.
Without limiting the foregoing, under no circumstances are you permitted to use or link the Community Edition Services with:
You Must Protect Access to Your Account and to Your Data. You are responsible for safeguarding your password and you must make sure no one else has access to it. Additionally, in order to facilitate the sharing and widespread use of the Community Edition Services, we enable you, at your discretion, to share with others access to Your Data that is used as part of the Community Edition Services. You bear sole responsibility for protecting access to Your Data and for any and all liabilities that may result from the misuse of any sharing privileges granted by you to others. You agree and acknowledge Databricks has a passive role in the transmission, reception and use of Your Data, and Databricks does not take any initiative in the transmission, reception, or use of Your Data. Moreover, as between you and Databricks, you agree and acknowledge that you are solely responsible for your use of Your Data and that Databricks cannot supervise, control, direct, choose, verify, investigate, or evaluate Your Data or your actions with respect to Your Data that you transmit or receive using the Community Edition Services. You acknowledge that we may (but are not obligated to) remove or disable access to any of Your Data, or interrupt any or all services, at any time at our own discretion. You understand and acknowledge that we have the right (but no obligation) to do so if we believe, or are notified, that you have breached any provision of this Agreement (including copyright breach), or if we discontinue or restrict the service that enables you to transmit or receive Your Data.
Limits Apply to How You Can Use the Community Edition Services. You agree that you will not:
DATABRICKS’ LEGAL PROTECTIONS & OTHER PROVISIONS
Databricks Intellectual Property Rights. The Community Edition Services are protected in various ways by copyright, trademark, and other laws of the United States and other countries. These Terms don’t grant you any rights to use of Databricks’ intellectual property, including trademarks, logos and other brand features, except those rights necessary for you to use the Community Edition Services as contemplated under these Terms. Databricks welcomes your feedback but please note that we may use your comments and suggestions freely to improve the Community Edition Services or any of our other products or services, and accordingly you hereby grant Databricks a perpetual, irrevocable, non-exclusive, worldwide, fully-paid, sub-licensable, assignable license to incorporate into the Community Edition Services or otherwise use any feedback Databricks receives from you.
The Community Edition Services are Provided “As Is” With No Warranty. Databricks cannot provide guarantees regarding the Community Edition Services. TO THE FULLEST EXTENT PERMITTED BY LAW, DATABRICKS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES, WHICH ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERRUPTION, ACCURACY OR DATA SECURITY. Some jurisdictions don’t allow certain of these disclaimers, so they may not apply to you.
We Require Your Indemnification. You understand and agree that Databricks bears no liability whatsoever in the event you violate the restrictions and obligations imposed by these Terms regarding your use of the Community Edition Services or for the loss of, or unauthorized access to, Your Data, and that Databricks’ willingness and ability to provide access to you to the Community Edition Services at no charge is contingent upon this understanding, and upon your accepting and adhering to all other provisions of these Terms. You agree to indemnify, defend and hold harmless each of Databricks and its investors, directors, officers, employees, representatives and affiliates from any claims, costs, damages, liabilities or expenses (including reasonable attorneys’ fees) arising out of any third party claim alleging that Your Data or your use of our services infringes the rights of, or has caused harm to, any party, or violates any law or regulation.
Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DATABRICKS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS OR PROFITS, REGARDLESS OF LEGAL THEORY, REGARDLESS OF WHETHER DATABRICKS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ADDITIONALLY, DATABRICKS’ AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF THE TOTAL OF ANY AMOUNTS YOU MAY HAVE PAID US IN FEES FOR ANY SERVICE IN THE SIX MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO ANY SUCH LIABILITY OR $500 (FIVE HUNDRED DOLLARS). THE FOREGOING LIMITATIONS AND EXCLUSIONS SHALL NOT APPLY WITH RESPECT TO ANY LIABILITY ARISING UNDER FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW. Some jurisdictions don’t allow the types of limitations in this paragraph, so they may not apply to you. IN THESE JURISDICTIONS, EACH PARTY’S LIABILITY WILL BE FURTHER LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. You agree that this limitation of liability section is intended to allocate the risks between the parties, and that but for this limitation of liability, Databricks would not make available the Community Edition Services.
Disputes. You agree with us that, if either of us has concerns, we should first work together to resolve any dispute informally without resorting to legal action. You agree to contact us at firstname.lastname@example.org in the event you have a dispute. If the dispute is not resolved within 30 calendar days from the notice date, either of us can then bring formal legal proceedings. You agree that any legal action under these Terms will be brought in the federal or state courts in San Francisco, California, and you consent to venue and personal jurisdiction in such courts. You agree these Terms will be governed by California law except for its conflict of laws principles. These Terms constitute the entire agreement between you and Databricks concerning the Community Edition Services and these Terms create no third party beneficiary rights.
Termination, Modification, Waiver & Assignment. Either of us may terminate your use of the Community Edition Services at any time and for any reason; however, obligations of these Terms that by their nature should survive termination shall so survive. In addition, we may revise these Terms from time to time, and will always post the most current version on our website. If we elect to terminate your account, or if a revision of these Terms meaningfully reduces your rights, we will make a reasonable attempt to notify you (by, for example, sending a message to the email address associated with your account or posting for a reasonable time period a message to the login page of the Community Edition Services). By continuing to use or access the Community Edition Services after the revisions come into effect, you agree to be bound by the revised Terms. Databricks’ failure to enforce a provision of these Terms is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Databricks may assign its rights to any of its affiliates or to any successor in interest.
BY CLICKING “AGREE” OR BY OTHERWISE USING THE COMMUNITY EDITION SERVICES YOU ARE AGREEING THAT YOU HAVE CAREFULLY READ ALL OF THE ABOVE PROVISIONS, INCLUDING THE RISKS AND RESTRICTIONS RELATING TO YOUR DATA AND TO YOUR USE OF THE SERVICES, AND YOU ARE AGREEING TO BE BOUND BY ALL OF THE ABOVE PROVISIONS. IF YOU DO NOT AGREE WITH THESE TERMS OR DO NOT UNDERSTAND THEM, DO NOT CLICK AGREE OR USE THE COMMUNITY EDITION SERVICES.
Last Updated May 25, 2018