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are responsible for taking reasonable steps at all times to maintain the security, protection and backup of all Customer Materials, including within the Platform Services and any Customer Systems;acknowledge that: (i) Databricks does not provide data backup services; and that (ii) Databricks is not responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of Customer Materials not caused by the gross negligence or willful misconduct of Databricks or any third party under the control of Databricks;agree not to provide Databricks with access to more data than is reasonably necessary to permit Databricks to perform the Advisory Services; andacknowledge that successful delivery of the Advisory Services depends on your full and timely cooperation. You agree to make available any reasonably requested personnel and/or information in a timely manner to allow Databricks to perform such services.Restrictions on Use. You will not:
copy, modify, disassemble, decompile, reverse engineer, or attempt to view or discover the source code of any Deliverables provided to you in object code, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by the Agreement or by law notwithstanding this prohibition;use the Databricks Services to develop or offer a service made available to any third party that could reasonably be seen to serve as a substitute for such third party's possible purchase of any Databricks product or service; ortransfer or assign any of your rights hereunder except as permitted under Section 12.5 (Assignment) of the MCSA.Customer Materials. You represent and warrant to Databricks that Customer Materials will not contain:
any data for which you do not have all rights, power and authority necessary for its collection, use and processing as contemplated by the Agreement; orexcept as otherwise specified in an Order, any (x) bank, credit card or other financial account numbers or login credentials, (y) social security, tax, driver’s license or other government-issued identification numbers, or (z) health information identifiable to a particular individual.Data Protection. Databricks will maintain appropriate administrative, physical, and technical safeguards according to ISO/IEC 27001:2013 (the “ISMS Standard”) for protection of the security and confidentiality of Customer Materials under Databricks’ control. Unless specified otherwise in an Order, Databricks engages in the performance of Advisory Services with the expectation that Customer is not engaging Databricks for the purpose of having Databricks act as a data processor for Customer. Nevertheless, except with respect to free Advisory Services, unless you have entered into the DPA, the terms of the DPA are hereby incorporated by reference and will apply to the extent Databricks is deemed to act as Customer’s data processor during the performance of Advisory Services when the Customer Materials include Personal Data, as defined in the DPA. This Schedule and the DPA do not govern the protection of Customer Content and Databricks does not act as a data processor with respect to any data processed by or within a Databricks Powered Service.Expenses. You agree to reimburse Databricks for reasonable travel and lodging expenses actually incurred by Databricks.Warranties; Disclaimer.Warranties. Databricks warrants that the Advisory Services will be provided in a professional and workmanlike manner consistent with industry standards. You must notify Databricks of any warranty deficiencies within ninety (90) days from performance of the deficient Advisory Services. Unless set forth in an Order Databricks makes no guarantee as to whether the Advisory Services will be completed within any specific time frame.Disclaimer. THE WARRANTIES IN SECTION 6.1 (WARRANTIES) ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE DATABRICKS’ SERVICES PROVIDED HEREUNDER. DATABRICKS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE FOREGOING. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN: (i) SERVICES PROVIDED UNDER ANY FREE TRIAL PERIOD ARE PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND BY DATABRICKS; (ii) WITHOUT LIMITATION, DATABRICKS DOES NOT MAKE ANY WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, OR UNINTERRUPTABILITY, OF THE DATABRICKS SERVICES; AND (iii) DATABRICKS IS NOT RESPONSIBLE FOR RESULTS OBTAINED FROM THE USE OF THE DATABRICKS SERVICES OR FOR CONCLUSIONS DRAWN FROM SUCH USE.Exclusive Remedy. FOR ANY BREACH OF THE WARRANTY AT SECTION 6.1 (WARRANTIES), YOUR EXCLUSIVE REMEDY AND DATABRICKS’ ENTIRE LIABILITY WILL BE THE RE-PERFORMANCE OF THE DEFICIENT SERVICES, OR, IF DATABRICKS CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, DATABRICKS WILL END THE DEFICIENT SERVICES AND REFUND TO YOU THE PORTION OF ANY PREPAID FEES PAID BY YOU TO DATABRICKS APPLICABLE TO THE PERIOD FOLLOWING THE COMMENCEMENT OF THE DEFICIENCY.Last Updated August 12, 2022. For earlier versions, please send a request to [email protected] (with “TOS Request” in the subject).ProductPlatform OverviewPricingOpen Source TechTry DatabricksDemoProductPlatform OverviewPricingOpen Source TechTry DatabricksDemoLearn & SupportDocumentationGlossaryTraining & CertificationHelp CenterLegalOnline CommunityLearn & SupportDocumentationGlossaryTraining & CertificationHelp CenterLegalOnline CommunitySolutionsBy IndustriesProfessional ServicesSolutionsBy IndustriesProfessional ServicesCompanyAbout UsCareers at DatabricksDiversity and InclusionCompany BlogContact UsCompanyAbout UsCareers at DatabricksDiversity and InclusionCompany BlogContact UsSee Careers
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