COUCHBASE CONNECTOR END USER LICENSE AGREEMENT

Last updated January 18, 2022.

 

This End User License Agreement (“EULA”) governs the installation, access to and use of the applicable software application, extension, connector or service developed or published by Couchbase, Inc. (“Couchbase”) and made available through the Gallery of Tableau Software, LLC (“Tableau”), including any included files, content, materials, updates or supplements (“Product”) unless they are provided with separate terms.

 

BY DOWNLOADING OR ACCESSING THE PRODUCT, YOU, ON BEHALF OF YOURSELF AND/OR AS AN AUTHORIZED REPRESENTATIVE ON BEHALF OF AN ENTITY (COLLECTIVELY, “CUSTOMER”) ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS EULA. YOU AGREE THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU AND LEGALLY BINDING BETWEEN YOU AND COUCHBASE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL ACCESS THE PRODUCT. IF YOU WISH TO USE THE PRODUCT AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND THE ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS EULA AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO DO SO. THIS EULA IS IN ADDITION AND SUPPLEMENTARY TO THE LICENSE AGREEMENT FOR COUCHBASE SOFTWARE BETWEEN CUSTOMER AND COUCHBASE (THE “COUCHBASE AGREEMENT”, AND TOGETHER WITH THE EULA, THE “AGREEMENT”) AND “SOFTWARE” AS DEFINED IN THE COUCHBASE AGREEMENT SHALL INCLUDE THE PRODUCT. CAPITALIZED TERMS USED BUT NOT DEFINED IN THIS EULA SHALL HAVE THE MEANING GIVEN TO THEM IN THE COUCHBASE AGREEMENT. TO THE EXTENT THAT ANY TERMS AND CONDITIONS SET FORTH IN THE COUCHBASE AGREEMENT CONFLICT WITH THE TERMS OF THIS EULA, THE APPLICABLE TERMS OF THIS EULA SHALL PREVAIL.

 

This EULA is entered between Customer by downloading or otherwise accessing the Product and Couchbase. Tableau is not the developer or publisher of the Product and has no responsibility or liability whatsoever for the installation, operation, support, functionality or otherwise related to the Product, or any technology or other materials available in connection with the Product.

 

1. LICENSE GRANT. Subject to all of the terms and conditions of, as well as the additional licenses granted under, the Agreement Couchbase grants Customer a limited, worldwide, non-transferable, non-sublicensable, non-exclusive, royalty-free, fully paid-up, license to use the Product in conjunction with properly licensed Software and to access, download, install, copy, and use the elements of the Product made available through the Tableau Gallery for purposes of interfacing with a properly licensed Tableau product or service. Customer acknowledges that it is obtaining only the limited license to the Product described in this section and that no ownership rights are being conveyed to Customer under this EULA or otherwise.

 

2. LICENSE RESTRICTIONS. As a condition of Customer’s license, the license restrictions and Customer responsibilities set forth in the Couchbase Agreement shall apply to Customer's use of the Product and, in addition, Customer shall not (and shall not allow any third party to) incorporate the Product into or with other software, except with Tableau software or to the extent expressly authorized in writing by Couchbase.

 

3. THIRD PARTY DATA AND CONTENT. The Software, including the Product, may connect to Third Party Products that Couchbase does not own, control, or license. Any use of such Third Party Products, and any exchange of data between Customer and the third party provider, is solely between Customer and the applicable third party provider. Neither Couchbase nor Tableau is responsible for such Third Party Products, or any disclosure, modification, or deletion of data or content resulting from access by such Third Party Products.

 

4. DOCUMENTATION. If documentation is provided with the Product, Customer may copy and use the documentation to the extent necessary for Customer to use the Product as licensed under the Agreement.

 

5. TERM AND TERMINATION. This EULA will remain in effect until terminated as set forth herein. Couchbase may terminate this EULA at any time, for any reason, upon written notice to Customer. Upon termination of this EULA, Customer’s license to use the Product will be terminated and Customer will cease any use of the Product.

 

6. EXPORT CONTROL. The terms and conditions of the Couchbase Agreement relating to Export Laws apply to the Product.

 

7. SUPPORT. Couchbase, and not Tableau, is solely responsible for handling Customer’s support requests with respect to the Product. Technical support for the Product is available via Couchbase Forums at https://forums.couchbase.com/. Couchbase shall not be obligated to provide any services or support, including Support, Professional Services, updates, patches, enhancements, or fixes (either in the form of descriptions in the Documentation or on the Couchbase website or otherwise).

 

8. PRIVACY POLICY. Customer’s use of the Product is subject to Couchbase’s Privacy Notice.

 

9. DISCLAIMER. THE PRODUCT IS PROVIDED “AS IS.” NEITHER COUCHBASE, NOR TABLEAU OR ANY OF THEIR RESPECTIVE AFFILIATES OR LICENSORS, MAKE ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH REGARD TO THE PRODUCT, IN WHOLE, OR IN PARTY, OR ITS HOSTING, AVAILABILITY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, AND FOR THE AVOIDANCE OF DOUBT, TABLEAU AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS WARRANTIES WHATSOEVER REGARDING THE PRODUCT OR ITS HOSTING OR AVAILABILITY.

 

10. LIMITATION OF LIABILITY. NEITHER COUCHBASE NOR TABLEAU NOR ANY OF THEIR RESPECTIVE AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, UNAVAILABILITY OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR COSTS OF COVER), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF COUCHBASE OR TABLEAU OR ANY OF THEIR AFFILIATES WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. COUCHBASE’S AND TABLEAU’S AND EACH OF THEIR RESPECTIVE AFFILIATES’ ENTIRE LIABILITY UNDER THE AGREEMENT WILL NOT EXCEED THE LESSER OF (A) THE AMOUNT CUSTOMER PAID FOR THE PRODUCT, OR (B) USD $100.00. FOR THE AVOIDANCE OF DOUBT, TABLEAU AND/OR ITS AFFILIATES DO NOT OWE CUSTOMER ANY OBLIGATION OR LIABILITY OF ANY KIND WITH RESPECT TO THE PRODUCT OR ANY HOSTING OR FAILURE TO HOST. THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS EULA IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

11. THIRD PARTY BENEFICIARY. Tableau Software, LLC and its affiliates are third-party beneficiaries of this EULA. No other third party is intended to be a beneficiary of this EULA entitled to enforce its terms directly.

 

12. GOVERNING LAW AND JURISDICTION. With respect only to the rights and obligations in this EULA of Tableau and its affiliates, and of Customer in relation to Tableau and its affiliates, this EULA will be governed by and construed in accordance with the laws of the State of Washington and the United States without regard to conflicts of laws provisions, and the jurisdiction and venue for actions related to the subject matter hereof will be the state and federal courts located in Seattle, Washington, and Tableau, its affiliates and Customer hereby submit to the personal jurisdiction of such courts. With respect only to the rights and obligations in this EULA of Couchbase and its affiliates and licensors, and of Customer in relation to Couchbase and its affiliates, this EULA will be governed by and construed in accordance with the laws of the State of California, U.S.A. without regard to conflicts of laws provisions and the jurisdiction and venue for actions related to the subject matter hereof will be the state and federal courts located in Santa Clara County, California, and Couchbase, its affiliates and Customer hereby submit to the personal jurisdiction of such courts.

 

13. ENTIRE AGREEMENT. This EULA together with the Couchbase Agreement (and if applicable, any Order or SOW) constitute the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous or contemporaneous written and oral agreements and communications between Customer and Couchbase relating to the Product.