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U.S. Government License Rights. If Customer is a Federal Customer, or the Agreement otherwise become subject to the Federal Acquisition Regulation (FAR), Customer acknowledges and agrees that the Platform Services (including PVC Services, as applicable), Support Services (as applicable), and accompanying documentation constitute “commercial computer software” and “commercial computer software documentation”, respectively, provided as “Commercial Items” as defined in FAR 2.101. The Platform Services (including PVC Services, as applicable), Support Services (as applicable), and accompanying documentation have been developed solely at private expense, and as set forth in FAR 12.212 and DFARS Section 227.7202, any use, modification, reproduction release, performance, display or disclosure thereof shall be solely in accordance with the terms of the MCSA as modified by this Schedule.Customer Representative Obligations. Customer Representative will have no rights to the Databricks Services if purchasing Databricks Services on behalf of a Public Sector Customer except to the extent that a Public Sector Customer provides access to Customer Representative as its Authorized User. Customer Representative agrees to bind Public Sector Customer to the terms of the Agreement, including this Schedule, and will ensure that Databricks will be a third party beneficiary to such agreement. Customer Representative acknowledges that submission of a purchase order or Order will be deemed to be a representation to Databricks that the applicable Public Sector Customer has assented to the terms of the Agreement. Customer Representative will use commercially reasonable efforts to enforce the terms of the Agreement in the event it becomes aware that the Public Sector Customer has breached any terms and conditions of the Agreement where such breach adversely affects Databricks’ rights or contractual protections. Customer Representative will notify Databricks promptly upon learning of any such breach.Acceptance. Any Advisory Services or Training Services provided under the MCSA shall be deemed accepted upon delivery.Confidentiality. Any provisions contained in the Agreement that require a Public Sector Customer to keep certain information confidential may be subject to the Freedom of Information Act, 5 U.S.C. §552 or similar applicable state or local state law, and any order by a United States Federal Court or court of appropriate jurisdiction.Equitable Relief. Orders entered into directly with Databricks by a Federal Customer subject to this Schedule will only allow equitable relief when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).Auto Renewal, Customer Responsibility, and Indemnification. If you are a Federal Customer subject to the Anti-Deficiency Act or similar limitations on fees or payment absent approved allocation of funding, any auto-renewal of Databricks Services, penalty fees or interest accrual associated with late payment, or Customer indemnification obligations in the Agreement will be deemed inapplicable. Federal Customer agrees to be responsible to Databricks for any claim (i) by a third party alleging that Customer Information or its use with the Databricks Services infringes or misappropriates such party’s Intellectual Property Rights; and / or (ii) arising from or related to your use of the Databricks Services allegedly in violation of any applicable law or the Agreement. Any clause in the Agreement requiring Databricks to defend or indemnify a Public Sector Customer is hereby amended solely to the extent that (a) the U.S. Department of Justice has the sole right to represent the Federal Customers in any such action in accordance with 28 U.S.C. 516, and (b) representation on behalf of Public Sector Customers may lie solely with the applicable state attorney general’s office if you are a state or local government entity.Governing Law. Orders entered into directly by a Federal Customer subject to this Schedule, the MCSA and any other applicable Schedules will be governed by and construed in accordance with the laws of the United States, and venue and jurisdiction of any dispute will be determined by applicable federal statute. If the federal laws of the United States are not dispositive, then to the extent permitted by federal law, the Agreement will be governed by the laws of the State of California, excluding its conflict of law principles. If you are a state or local government entity, the Agreement is governed by the laws of your state, excluding its conflict of laws principles. In the event the Uniform Computer Information Transactions Act (UCITA) or any similar laws or regulations are enacted, to the extent allowed by law, such law or regulation will not apply to the Agreement, and the governing law will remain as if such law or regulation had not been enacted. The Agreement does not affect statutory rights that cannot be waived or changed by contract.Disputes. Notwithstanding any other provision in the Agreement, any dispute between Databricks and any Federal Customer arising under or related to the Agreement will be resolved exclusively under the terms and procedures of the Contract Disputes Act (41 U.S.C. Chapter 71).Assignment. If you are a Federal Customer purchasing directly from Databricks, then except to the extent transfer may not be legally restricted, you may not assign the Agreement, any Order, or any right or obligation under the Agreement, or delegate any performance, without Databricks’ prior written consent, which consent will not be unreasonably withheld. Databricks may assign its right to receive payment in accordance with the Assignment of Claims Act (31 U.S.C. 3727) and FAR 52.212-4(b), and may assign the Agreement to the extent not prohibited by the Anti-Assignment Act (41 U.S.C. 15). Subject to the requirements of FAR 42.12 (Novation and Change-of-Name Agreements), you agree to recognize Databricks’ successor in interest following a transfer of assets or a change in name. Any attempted assignment or transfer in violation of the foregoing will be void. Subject to the foregoing, the Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns.Taxes. References to taxes payable by Customer will not apply to your purchases of Databricks Services to the extent You are exempt from such taxes, provided that you agree to provide documentation reasonably acceptable to Databricks evidencing your tax-exempt status.Last Updated August 12, 2022. 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