WEBSITE TERMS OF USE

Last Updated March 6, 2026

These Terms of Use ("Terms of Use") apply to your access to and use of the websites of CData Software, Inc. ("CData," "we" or "us") and its affiliates, including the community, online services, content, and materials made available via the Website (collectively, the "Website"). By accessing or using the Website You acknowledge and represent that you have read, understood, and agree to be bound by these Terms of Use. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with CData. If you are using this Website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf.

Any CData computer software which may be downloaded or is otherwise available from this Website, unless otherwise expressly indicated, is licensed subject to either the written license agreement between you and CData or the click-license which you agree to at the time of download or use. CData software to which either of these licenses is applicable is subject to the terms of its associated license agreement only, unless expressly stated otherwise. These Terms of Use do not apply to use of such CData software, even if access to it is linked to or associated with the cdata.com domain. We reserve the right to change or modify these Terms of Use at any time and in our sole discretion. If we make changes to these Terms of Use, we will provide notice of such changes by posting the revised Terms of Use to the Website and updating the "Last Updated" date above. Your continued use of the Website following our notice of the amended Terms of Use will confirm your acceptance of the amended Terms of Use. If you do not agree to the amended Terms of Use, you may not continue accessing or using the Website.

All questions or comments about the Website should be directed to legal@cdata.com.

Please refer to our Privacy Policy, which also governs your visit to our Website, for information about how we collect, use and disclose information about users of our Website.

B. Electronic Communications

When you visit this Website or send emails to us, you are communicating with us electronically and you therefore consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.

C, Eligibility

You represent and warrant that you (a) are at least 18 years old, (b) have not been previously suspended from using the Website, and (c) have full power and authority to enter into this agreement and that, in doing so, will not violate any other agreement to which you are a party.

D. User Accounts

In order to use certain features of the Website, you may be required to register for an account. If you create an account via our Website, you agree to: (i) provide accurate, current and complete information; (ii) maintain and promptly update your account information to keep it accurate, current and complete; (iii) maintain the security of your account; and (iv) promptly notify us if you discover or otherwise suspect any security breaches related to your account. You are fully responsible for all activities that occur through the use of your account and password. CData is not responsible or liable for any loss or damage that may occur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CData or any other party due to someone else using your account or password. You may not use anyone else's account at any time.

E. Copyright and Limited License

Unless otherwise indicated, the Website, including all content, video and other materials on or made available via the Website, are the proprietary property of CData Software, Inc. and its licensors and are protected by U.S. and international copyright laws. You are granted a limited, non-transferable, non-exclusive, revocable license to access and use the Website solely for your own personal or business purposes; provided, however, that, unless otherwise CData has expressly consented in writing, you may not: (a) resell, lease, rent, or sublicense the Website or any access to the Website; (b) distribute, publicly perform or publicly display the Website; (c) modify or otherwise make any derivative uses of the Website; (d) copy or download (other than page caching) any webpages, except as expressly permitted on the Website; or (e) use the Website other than for its intended purposes. Except as explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. CData provides proprietary information, including copyrighted materials, about its software and services on this Website for the benefit of its customers and not for unrestricted use by the public. You agree that you may not use, or allow any other person or entity to use, any materials found on this Website for the purpose of investigating, supporting, threatening or filing any intellectual property infringement claim against CData or its affiliates or for the purpose of developing or using an offering or product directly or indirectly competing with an offering or product from CData. Your failure to comply with these prohibitions constitutes breach of these Terms of Use with respect to the materials at issue. Each instance of noncompliance (e.g., each use of a digital file contrary to these Terms of Use) constitutes a separate instance of breach and subjects you to a payment obligation in the amount of \$75,000 USD per instance of breach, as liquidated damages and not as a penalty. In addition, CData reserves the right to seek damages for infringement for copyrighted materials. You agree that damages reasonably anticipated from a potential breach are difficult to ascertain because of their indefiniteness or uncertainty and the amount stipulated is reasonably proportionate to the damages actually caused by the breach.

F. Trademarks

CData® is a registered service mark of CData Software, Inc. The CData logo, the look and feel of the Website, and any other product or service name listed in the Website are trademarks, service marks and/or trade dress of CData or our suppliers or licensors or the applicable third party holder and may not be copied, imitated or used, in whole or in part, without the prior written authorization of CData or the applicable trademark holder. Any authorized use of such trademarks, service marks and/or trade dress must be in accordance with any guidelines provided by CData or the applicable third party. See the CData Brand Guidelines.

G. User Content

The Website may include the community, discussion forums, blogs, or other interactive features or areas (collectively, "Interactive Areas"), in which you may create, post, transmit or store any content on the Website, such as text, photos, video, or graphics ("User Content"). You are solely responsible for any User Content you create, post, transmit or store via the Website, and your use of the Interactive Areas is at your own risk. By submitting User Content to us using this Website, you represent and warrant that: (i) you own or otherwise control all of the rights to the information that you post or submit and the information is entirely your work and is not copied from any other source; (ii) the submitted information is accurate and a true statement of facts; (iii) use of the submitted information complies with these Terms of Use; and (iv) the submitted information will not cause injury to any person or organization You hereby grant CData a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any User Content via the Website and any other medium. You represent and warrant that you own and control all of the rights, title and interest in and to any User Content or you otherwise have all necessary rights and hereby do grant those rights to CData as mandated in these Terms of Use. You acknowledge that any User Content posted may be viewed by the general public and that the Website, including any social networking features, community, discussion boards, and other features of the Website, are for public and not private communications.

You agree not to create, post, transmit or store via the Website any User Content that:

(a) is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;

(b) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;

(c) displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to CData or any user;

(d) may violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;

(e) makes false or misleading statements, claims or depictions about a person, company, product or service;

(f) does not clearly and prominently disclose any material connections you may have to CData or third-party brands or sellers (for example, if you receive free products or services);

(g) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

(h) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

(i) contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; or

(j) in the sole judgment of CData, restricts or inhibits any other person from using or enjoying the Website or which may expose CData or its users to any harm or liability of any type.

CData takes no responsibility and assumes no liability for any User Content or for any loss or damage thereto. Enforcement of the Terms of Use is solely in our discretion and the absence of enforcement of these Terms of Use in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Website will not contain any content that is prohibited by these Terms of Use. Although CData has no obligation to screen, edit or monitor any of the User Content posted on the Website, CData reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Website at your sole cost and expense.

H. Feedback

If you provide us with a testimonial regarding use of our products or services, whether solicited or unsolicited, you authorize us to post that testimonial on our Website in areas accessible to the public and to release your name or otherwise publicize the fact that you submitted information to us. We have the right to edit your submitted testimonial, including text as well as pictures and video, as we think appropriate for presentation on our Website. In addition, you authorize us to use all or portions of your testimonial for other purposes, for example in marketing materials. In addition to the warranties above, you also represent and warrant that you have the authority to provide the testimonial to us for the purposes described in this paragraph and that you have written approvals from anyone whose work, name or image appears in the testimonial. While we welcome testimonials, inclusion of any particular testimonial on our Website is entirely at our discretion. We do not wish to receive through our Website information that you may consider confidential or proprietary, for example, new product or service ideas or information about your own business plans. Any information submitted to us through email, posts to this Website, or otherwise, will not be considered confidential unless we have specifically agreed otherwise in a separate written agreement signed by an authorized CData representative. Without this type of an agreement, you agree that there are no restrictions on our ability to use or distribute the information, and that you grant CData an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, transmit, create collective or derivative works from, distribute, perform and display that information, and any ideas, concepts, know-how or techniques therein, in whole or in part, and to incorporate it in other works in any form, media, or technology now known or later developed.

By submitting information to us using this Website, you waive any rights that you may have with respect to submitted information. To the extent that you nevertheless retain the rights, you agree not to enforce them against us.

I. User Conduct

You agree that you will not use the Website in violation of any law, contract or intellectual property or other third party right. You further agree not to:

(a) Use the Website in any manner that could damage, disable, overburden or impair the Website;

(b) Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Website for the purposes of sending commercial emails or use the Website for any other commercial purpose;

(c) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;

(d) Introduce to the Website any virus, trojan worms, logic bombs or other harmful material;

(e) Circumvent measures employed to prevent or limit access to any area, content or feature of the Website;

(f) Use or attempt to use another's account, or grant any third party any right to access your account, without authorization from CData;

(g) Engage in any harassing, intimidating, predatory or stalking conduct;

(h) Develop any third-party applications that interact with User Content and the Website;

(i) "Frame" our Website or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose without the prior written permission of CData; or

(j) use any name, logo or other trademark of ours as part of any link, or use any meta tags or any other hidden text using CData's name or trademarks.

J. No License

The inclusion of information on this Website does not imply any license under patent or other intellectual property rights held by CData Software, Inc. or any other individual or organization.

K. Export of Information

The United States export control laws prohibit the export of certain technical data and software to certain territories. No content from this Website may be downloaded or otherwise exported in violation of United States law.

United States export laws and regulations apply to this Website and to CData. You agree to comply with all such applicable restrictions and may not access, download, use, or otherwise export, re-export, import, or distribute Website content (including any software) or any underlying information or technology except in full compliance with all laws and regulations of the United States and with those of any other country that may apply to the Website content. By accessing and downloading the Website content (including any software), you agree to the foregoing and represent and warrant that (1) you are not a party to whom the United States prohibits access to the Website content (including any software) (e.g. a listed or debarred individual or an individual involved in the proliferation of biological, chemical, nuclear or other weapons of mass destruction), (2) you are not located in, under control of, or a national or resident of any country to which export of the Website content (including any software) (e.g. a country that is subject to a United States embargo), is restricted by laws of the United States or other applicable laws and regulations, and (3) you will not share the Website content (including any software) with an individual whose status is described in (1) and/or (2) above. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Website content (including any software). Each customer must comply with any export restrictions relating to end users of the software.

L. English Language

You agree that there is no requirement to translate all or any portion of this Website or the information provided through it into any other language than the ones in which it appears. You further agree that all contractual and transactional communications between you and us shall be in the English language and that there is no requirement to translate any communication into any other language.

M. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, CData has a policy of terminating, in appropriate circumstances and at CData's sole discretion, users or account holders who are deemed to be repeat infringers. CData may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

N. Third-Party Content

CData may provide third-party content on the Website, including sites, applications, tools, platforms, services, advertisements, and promotional offers, and may provide links to Web pages and content of third parties (collectively the "Third-Party Content"). CData does not control, endorse, or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that CData is not responsible or liable in any manner for any Third-Party Content, including any loss or damage caused by or resulting from the use of or reliance on any Third-Party Content, and undertakes no responsibility to update or review any Third-Party Content. Your use of any Third-Party Content is at your own risk. The inclusion of Third-Party Content on the Website does not imply affiliation, endorsement, or adoption by CData of any Third-Party Content or any information contained therein. Your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties, or representations associated with such dealings or promotional offers, are solely between you and such third party. Where the Website includes certain embedded Third-Party Content which is provided or controlled by a third party, or when you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content or site to which you navigate from the Website and only use the Third-Party Content if you agree to their respective terms and policies.

O. Warranty; Disclaimer

No Warranties. THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE OR, UNLESS OTHERWISE EXPRESSLY STATED, AS CDATA'S OFFICIAL POSITION ON ANY SUBJECT MATTER. INFORMATION ON THIS WEBSITE BY BE CHANGED OR UPDATED WITHOUT NOTICE. CDATA DOES NOT REPRESENT OR WARRANT THAT (A) THE WEBSITES ARE AVAILABLE, UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR (B) THE WEBSITE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE WEBSITE. Unless expressly stated otherwise, CData does not provide technical support for any materials posted on, downloaded from, or linked to from this website. CDATA makes no warranty that any information found on this website is appropriate for use in any particular jurisdiction. No statements provided orally or by email shall create or modify any warranty or disclaimer of warranty.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CDATA, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CDATA DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

P. Indemnification

You agree to defend, indemnify and hold harmless CData, all CData affiliated companies and our service providers, suppliers and consultants, our and their respective directors, officers, employees and agents (collectively, "the CData Parties") from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Website (including any services provided on this Website), (b) any User Content and Feedback you provide, (c) your breach of any of these Terms of Use, or (d) your violation of the rights of any third party.

Q. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE CDATA PARTIES BE LIABLE FOR ANY SPECIAL, DIRECT,INDIRECT OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, INCURRED BY YOU OR ANY OTHER PERSON, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING AS A RESULT OF CDATA'S NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CDATA PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF CDATA'S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CDATA FOR ACCESS TO OR USE OF THE SERVICES OR THIS WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT CDATA HAS OFFERED THE WEBSITE, SET THEIR PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CDATA. CDATA WOULD NOT BE ABLE TO PROVIDE THE WEBSITE ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

If you are dissatisfied with this Website, its contents, these Terms of Use, or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using this Website.

R. No Third-Party Beneficiaries

These Terms of Use are for the benefit of, and will be enforceable by, CData and you only. These Terms of Use are not intended to confer any right or benefit on any third party or to create any obligations to any such third party.

S. Modifications to the Website

CData reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that CData will not be liable for any modification, suspension or discontinuance of the Website or any part thereof.

T. Governing Law

This Website is controlled by CData Software, Inc. from its offices in Chapel Hill, North Carolina, in the United States of America. Any dispute between the parties regarding the subject matter of these Terms of Use will be governed by these Terms of Use and the laws of the State of North Carolina and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Any legal action or proceeding relating to access to, or use of, this Website or the information it contains is subject to the exclusive jurisdiction of the state and federal courts located in Wake County, North Carolina. You and CData agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding. Prior to filing any action within the scope of these Terms of Use, you must first notify us of any dispute not less than thirty (30) days from the date it arises, by contacting us at legal@cdata.com. Following that notification, you and we will attempt in good faith to resolve the dispute informally. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THESE TERMS OF USE MUST BE ADDRESSED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ADDRESSED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

U. Termination

CData reserves the right, without advance notice and in its sole discretion, to limit or terminate your license to use the Website, and to block or prevent your future access to and use of the Website.

V. Enforcement; Severability

Any unauthorized use of this Website terminates your permission to access and use this Website and may subject you to prosecution. You agree that any claim arising out of or related to these Terms of Use or your use of this Website must be filed with a court of competent jurisdiction within one year after it arose or is permanently barred. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.