Introducing
EddieA powerful toolkit designed to accelerate and scale development of big data and machine learning pipelines.
EDDiE seamlessly transitions interactive data science to robust production-grade deployment-ready pipelines without any overhead.
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Every feature in EDDiE is designed to simplify data developers' day-to-day workflow, facilitate collaboration and eliminate overhead in converting interactive analytics to production code.
Integrates powerful interactive notebook for iterative analytics and an IDE to build, test and maintain real deployable code
Learn more →EDDiE’s offers seamless interoperability between an enhanced interactive Notebook, a traditional IDE, a source-tree and graph-based view of the data and model pipeline, all within a unified flexible interface.
This greatly simplifies and expedites the iterative data discovery and profiling, coding, de-bugging, testing and deployment workflow
Programmatically binds every piece of Code with its generated Data for traceability and intelligent execution
Learn more →EDDiE automatically manages the dependency hierarchy in the analytics pipeline to eliminate guess work during dev. and allows data persistence level control in production.
EDDiE is able to synchronize module Code and any associated Data simultaneously. This unique capability massively simplifies development by eliminating guess-work from changes to Code or Data upstream. It also enables EDDiE to intelligently optimize evaluation by selectively triggering execution of each Module in the graph only when it is out-of-sync
Drives team productivity and collaboration by integrating Source Control, Branching and Concurrent editing
Learn more →Breaks-down complex analytics pipelines into modules of data transformations and modeling operations
Learn more →EDDiE encourages functional decomposition of complex pipelines into inter-linked Modules (code blocks of data transformations and modeling operations)
Developers can generate production ready module code from any block of ad-hoc analysis in the EDDiE notebook with one click
During testing and de-bugging, any part of the Module code block can be evaluated in the notebook making the dev cycle efficient. In the long run, the Modular framework makes entire analytics pipelines much more maintainable and reusable
Handles shared notebooks, code repos, config and operation of dev., QA and production clusters all in one place
Learn more →To minimize the entry barrier for data developers, EDDiE hides away all of the complexity of setting-up and operating the development environment
EDDiE manages all of the dependencies, source control, runtime configs, cluster setup/config, library management, in a programmatic but configurable manner so entry level users can just work while experienced users can tailor the environment based on their needs
Built completely on an open-source tech stack. 'Ready-to-run' code bundles available to be deployed anywhere.
Learn more →EDDiE is extremely flexible in the available deployment options – stand-alone instance, on-prem, cloud or fully hosted depending on your needs. Moreover, EDDiE is built on a fully open-source tech stack. EDDiE does not rely on any proprietary runtime environment or libraries so you have full control of your data and runtime environment
EDDiE even generates downloadable code bundles that can be easily deployed (without needing EDDiE) to QA and production environments
The DataSense team comprises data scientists, data engineers and software developers based in San Diego and Shanghai. The entire DataSense team has spent better part of the careers delivering cutting-edge big data and advanced analytics based solutions to Fortune 100 enterprises ranging from some of the world's largest telecom, airline, financial services and retail (e-commerce and in-store) clients.
The vision for EDDiE is a direct result of the challenges we ourselves faced as we struggled over the years to build sustainable data analytics pipelines in an agile way. In a nutshell, EDDiE is a dev. tool built for data developers by data developers with one simple goal in mind: to accelerate the transition from building one-off data science experiments to sustainable software-grade data applications.
Our users are hands-on data engineers and scientists. To that end, we've refrained from building a laundry list of extraneous functionality and instead focused on unifying the core development tasks of iterative experimentation and deployable code generation. The outcome is a real improvement in the day-to-day workflow, eliminatation of overhead in converting iterative analytics to deployable code and development of mature, sustainable, software-grade data applications.
We are confident that you will find EDDiE an indispensable tool once you give it a test drive.
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DataSense Analytics, Inc.
10620 Treena St Suite 230
San Diego, CA 92131
info@datasenseanalytics.com
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BY CHECKING THE ACCEPTANCE BOX OR INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PUBLISHED ON DATASENSE ANALYTICS INC.’S WEBSITE AT WWW.DATASENSEANALYTICS.COM (AS MAY BE RELOCATED BY DATASENSE ANALYTICS INC. FROM TIME TO TIME). IN THE EVENT YOU ARE REDIRECTED TO DATASENSE ANALYTICS INC.’S WEBSITE, YOU AGREE THAT YOUR USE IS SUBJECT TO ANY TERMS OF SERVICE OR PRIVACY POLICIES POSTED THEREON. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU AND LEGALLY BINDING BETWEEN YOU AND DATASENSE ANALYTICS INC. OR THE APPLICABLE DATASENSE ANALYTICS AFFILIATE ("DATASENSE ANALYTICS"). IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT INSTALL THE SOFTWARE. IF YOU WISH TO USE THE SOFTWARE 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 AGREEMENT AND YOU TO DOSO.
This End User License Agreement ("Agreement") is between Datasense Analytics Inc. and the customer (individual or entity) that has downloaded or otherwise procured the licensed Software (as defined below) for use as an end user ("you"). This Agreement covers all Software, Support and Maintenance Services, and related Professional Services.
Documentation: means any supporting product help guide and technical specifications documentation provided by Datasense Analytics with the Software to you.
Ordering Document: means any order on a Datasense Analytics order form which references this Agreement. Each Ordering Document which references this Agreement shall be deemed a part of this Agreement.
Authorized User: means those uniquely identified individual(s) for whom the applicable license fees have been paid, as stated on the Ordering Document, who are authorized by you to install and/or use the functionality in the Software regardless of whether those individual(s) are actively using the programs at any given time. Licenses granted on an Authorized User basis may be reassigned between uniquely identified individuals over time, but may not be reassigned so frequently as to enable the sharing of a single license between multiple Authorized Users.
Software: means the proprietary Datasense Analytics software product(s) provided in connection with this Agreement in object code form (or as otherwise specified in any related Ordering Document). "Software" shall also include any Support and Maintenance Services releases provided to you under this Agreement. Unless otherwise noted, the Software and Documentation are referred to collectively herein as "Software".
Affiliate: means each legal entity that is directly or indirectly controlled by you on or after the Effective Date and for so long as such entity remains directly or indirectly controlled by you (where "controlled" means the ownership of, or the power to vote, directly or indirectly, a majority of any class of voting securities of a corporation or limited liability company, or the substantial ownership of any general partnership interest in any general or limited partnership).
Contractor: means those independent third parties who perform services related to this Agreement for you.
Customer Data: means data generated by you or your Authorized User and used by or imported into the Software, but excludes data generated by a your Sublicensee unless such data is combined with your data or is relevant to your provision of services to such Client Sublicensee.
2.1 Datasense Analytics Stand-alone Software. In order to use the Software under this Agreement, you must activate and/or register your copy of the Server Software with the valid license key or activation code provided to you ("Product Key") at the time of purchase, in accordance with the scope of use and other terms specified for each type of Software, the Documentation, and as set forth in this Section 2 of this Agreement.
2.2 Datasense Analytics Multi-User Version ("Multi-User Software"): If you purchased a license to Multi-User Software, your license will be subject to either User-Based restrictions or Enterprise license restrictions, as identified on the applicable Ordering Document.
REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY
2.2.1 User-Based License: If your Multi-User Software license is designated as User-Based, the total count of Authorized Users enabled to use such Server Software must not exceed the number of licenses purchased on the applicable Ordering Document(s). For the avoidance of doubt, "User-Based" Server Licenses are also referred to in the Ordering Document or Documentation as "WebClient" Licenses or "Multi-User" Licenses.
2.2.2 Enterprise Server License: If your Server Software license is designated on the applicable Ordering Document as "Enterprise", for each such license an unlimited number of Authorized Users may use the Server Software. For purposes of an Enterprise Server License, Authorized Users do not need to be uniquely identified.
2.3 Evaluation Version ("Evaluation Version"): If you ordered a license to an Evaluation Version, you may install and use one copy of Evaluation Version Software solely for the purpose of evaluating the Software to determine whether to purchase a non-Evaluation Version copy of the Software. You may not use the Evaluation Version for any other purposes, including but not limited to competitive analysis, commercial, professional, or for-profit purposes. You may only use the Evaluation Version for Thirty (30) days from the date you download. activate and/or register via the Product Key or otherwise, unless otherwise specified by Datasense Analytics in the Documentation or a separate writing from Datasense Analytics ("Evaluation Period"). Unless you pay the applicable license fee for the Software (and Datasense Analytics issues you a Product Key in exchange), the Evaluation Version Software may become inoperable and, in any event, your right to use the Evaluation Version Software automatically expires at the end of the Evaluation Period. Notwithstanding any other provision of this Agreement, the Evaluation Version Software is provided "AS IS" without warranty of any kind, express or implied. Datasense Analytics may terminate your license to the Evaluation Version Software upon written notice at any time for any reason and without liability of any kind. IF YOU SUBSEQUENTLY LICENSE A NON-EVALUATION VERSION OF THE SOFTWARE, YOUR LICENSE TO THE EVALUATION VERSION SOFTWARE SHALL IMMEDIATELY TERMINATE AND YOU EXPRESSLY AGREE THAT, UNLESS YOU HAVE A SEPARATE SIGNED LICENSE AGREEMENT GOVERNING YOUR USE OF THE SOFTWARE, THIS AGREEMENT, AND THE TERMS AND CONDITIONS HEREIN, SHALL GOVERN YOUR USE OF SUCH NON-EVALUATION VERSION.
3.1 Grant of License. Subject to all of the terms and conditions of this Agreement, and except as set forth in Section 6 (Term of Agreement), Datasense Analytics grants you a limited, worldwide, non- transferable, non-sub licensable (except as permitted under Section 3.7), non-exclusive license to use the Software for which you have been issued a Product Key by Datasense Analytics or an Authorized Partner, but only in accordance with: (i) the Documentation; (ii) the restrictions in Section 2 (Datasense Analytics Software Products), Section 3.8 (License Restrictions) and any restrictions on the applicable Ordering Document; and (iii) the number of Authorized Users and/or Enterprise License (as applicable), on the platforms and configurations or any other restrictions mutually agreed upon by you and an Authorized Partner. You may allow your Contractors and Affiliates to use the Software in accordance with this Agreement, provided you shall remain liable for the acts and omissions of your Affiliates and Contractors.
3.2 Sample Code. Subject to the terms and conditions of this Agreement, Datasense Analytics grants you a limited, worldwide, non- transferable, non-sublicensable, non-exclusive license to modify any sample source code from the Software provided by Datasense Analytics to you ("Sample Code") solely for internal use for the purposes of designing, developing, testing and otherwise facilitating your use of the Software under this Agreement. However, Datasense Analytics shall not be liable for mal-functioning of the Software if it is attributable to such modification.
3.4 Archive/Disaster Recovery Copies. You are entitled to make a reasonable number of copies of the Software for archival and disaster recovery purposes.
3.5 Third-Party Code. The Software may contain or be provided with components which are licensed from third parties ("Third Party Code"), including components subject to the terms and conditions of "open source" software licenses ("Open Source Software"). Open Source Software may be identified in the Documentation, or in a list of the Open Source Software provided to you upon your written request. To the extent required by the license that accompanies the Open Source Software, the terms of such license will apply in lieu of the terms of this Agreement with respect to such Open Source Software, including, without limitation, any provisions governing access to source code, modification or reverse engineering.
3.6 Electronic Delivery. All Software and Documentation shall be delivered by electronic means unless otherwise specified on the applicable Ordering Document. Software shall be deemed delivered when it is made available for download by you ("Delivery").
3.7 Client Sublicensees. You may permit third parties ("Client Sublicensees") to access the Multi-User version Software as Authorized Users on your Servers but only so the Client Sublicensees may (1) interact with code, modules and notebooks generated by you through your use of the Software and based on Customer Data or (2) themselves create code, modules and notebooks using Customer Data, provided that in each case such Customer Data is relevant to your provision of services to that particular Client Sublicensee ("Vendor Access") and further provided that you, in providing your Client Sublicensees Vendor Access, are not acting as "Marketing Service Provider", "Service Bureau" or other entity with a similar business model. Client Sublicensees may not access your Multi-User Software for any other purposes except as expressly permitted in this Section 3.7. You shall be solely responsible for your relationships with Client Sublicensees and must notify Client Sublicensees that Datasense Analytics shall have no warranty, support or other obligation or liability to any Client Sublicensee. You shall be liable for all acts and omissions of Client Sublicensees.
3.8 License Restrictions. You shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer the Software or Third Party Code or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Software or Third Party Code by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions, or as permitted by an applicable Open Source Software license); (b) distribute, sell, sublicense, rent, lease or use the Software, Third Party Code or Sample Code (or any portion thereof) for time sharing, hosting, service provider or like purposes, except as expressly permitted under Section 3.7 of this Agreement; (c) remove any product identification, proprietary, copyright trademark, service mark, or other notices contained in the Software, Third Party Code or Sample Code; (d) except as permitted in Section 3.2, modify any part of the Software, Third Party Code or Sample Code, create a derivative work of any part of the Software, Third Party Code, or Sample Code, or incorporate the Software, Third Party Code or Sample Code into or with other software, except to the extent expressly authorized in writing by Datasense Analytics or as permitted by an applicable Open Source Software license; (e) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software; (f) utilize any equipment, device, software, or other means designed to circumvent or remove any form of Product Key or copy protection used by Datasense Analytics in connection with the Software, or use the Software together with any authorization code, Product Key, serial number, or other copy protection device not supplied by Datasense Analytics or through an Authorized Partner; (g) use the Software to develop a product which is competitive with any Datasense Analytics product offerings; (h) use unauthorized Product Keys or keycode(s) or distribute or publish keycode(s) except as may be expressly permitted by Datasense Analytics in writing; (i) as applicable to Stand-alone or Multi-User based Server, enable access to the Software for a greater number of Authorized Users than the sum quantity of licenses purchased on the applicable Ordering Document(s); or (j) as applicable to Stand-alone or Multi-User based Server, reassign license rights between Authorized Users so frequently as to enable a single license to be shared between Authorized Users.
Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, Datasense Analytics and its licensors have and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Software, Sample Code, Third Party Code, and all copies, modifications and derivative works thereof (including any changes which incorporate any of your ideas, feedback or suggestions). You acknowledge that you are obtaining only a limited license right to the Software, Sample Code, Third Party Code and that irrespective of any use of the words "purchase", "sale" or like terms hereunder no ownership rights are being conveyed to you under this Agreement or otherwise.
You shall pay all fees associated with the Software licensed and any services purchased hereunder as set forth in the applicable Ordering Document. All payments shall be made in the currency noted on the applicable Ordering Document prior to the Delivery of the Software to you unless otherwise agreed to in writing in the Ordering Document. Except as expressly set forth herein, all fees are non-refundable once paid. Unless timely provided with a valid certificate of exemption or other evidence that items are not taxable, Datasense Analytics will invoice you for all applicable taxes including, but not limited to, VAT, GST, sales tax, consumption tax and service tax. You will make all payments free and clear of, and without reduction for, any withholding or other taxes; any such taxes imposed on payments by you hereunder will be your sole responsibility.
6.1 Term. This Agreement is effective as of the Delivery of the Software and expires at such time as all license and service subscriptions hereunder have expired in accordance with their own terms (the "Term"). For clarification, the term of your license under this Agreement may be perpetual, limited for Evaluation Version, or designated as a fixed-term license in the Ordering Document, and shall be specified at the time of purchase. Either party may terminate this Agreement (including all related Ordering Documents) if the other party: (a) fails to cure any material breach of this Agreement within thirty (30) days after written notice of such breach including without limitation your failure to pay, provided that Datasense Analytics may terminate this Agreement and the Software license(s) (including termination of the Software license(s) if the Agreement has already expired or has been terminated) immediately upon any breach of Section 3.8 (License Restrictions) or if you exceed any other restrictions contained in Section 2 (Datasense Analytics Software Products); (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within sixty (60) days). Termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.
6.2 Termination. Upon any expiration or termination of this Agreement, you shall cease any and all use of any Software, destroy all copies thereof and so certify to Datasense Analytics in writing.
6.3 Survival. Sections 3.8 (License Restrictions), 4 (Ownership), 5 (Payment), 6 (Term of Agreement), 7.3 (Disclaimer of Warranties), 10.1, 10.2, 10.3 and 10.5 (Limitation of Remedies; Indemnification and Damages), 11 (Confidential Information), 12 (Export Compliance) and 13 (General) shall survive any termination or expiration of this Agreement.
7.1 Limited Warranty. Datasense Analytics warrants to you that for a period of thirty (30) days from Delivery (the "Warranty Period") the Software shall operate in substantial conformity with the Documentation. Datasense Analytics does not warrant that your use of the Software will be uninterrupted or error-free or that any security mechanisms implemented by the Software will not have inherent limitations. Datasense Analytics’s sole liability (and your exclusive remedy) for any breach of this warranty shall be, in Datasense Analytics’s sole discretion, to use commercially reasonable efforts to provide you with an error- correction or work-around which corrects the reported non- conformity, or if Datasense Analytics determines such remedies to be impracticable within a reasonable period of time, to refund the license fee paid for the applicable Software which shall be at the sole discretion of Datasense Analytics. Datasense Analytics shall have no obligation with respect to a warranty claim unless notified of such claim within the Warranty Period. For the avoidance of doubt, this warranty applies only to the initial Delivery of Software under an Ordering Document and does not renew or reset, for example, with the delivery of (a) Software updates or maintenance releases or (b) Product Keys.
7.2 Exclusions. The above warranty shall not apply: (i) if the Software is used with hardware or software not authorized in the Documentation; (ii) if any modifications are made to the Software by you or any third party; (iii) to defects in the Software due to accident, abuse or improper use by you; (iv) to any Evaluation Version or other Software provided on a no charge or evaluation basis; or (v) to any maps created using the Software ("Maps"), such functionality is provided purely for reference purposes. Datasense Analytics makes every effort to ensure the Maps are free of errors but does not warrant the Maps or Map features are accurate. The boundaries and names shown and the designations used in the Maps do not imply official endorsement or acceptance by Datasense Analytics.
7.3 Disclaimer of Warranties. THIS SECTION 7 IS A LIMITED WARRANTY AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7, THE SOFTWARE, INCLUDING WITHOUT LIMITATION THE MAPS AND THE THIRD-PARTY CODE, AND ALL SERVICES ARE PROVIDED "AS IS". NEITHER DATASENSE ANALYTICS NOR ITS LICENSORS MAKES ANY OTHER 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. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD.
Subject to the terms and conditions of this Agreement, and the applicable Ordering Document, you may purchase, including for renewal terms, support and maintenance services as set forth in Datasense Analytics’s then-current Support and Maintenance Policies and as specified in your Ordering Document. All Support and Maintenance Services renewals will be subject to the terms and conditions of this Agreement including Datasense Analytics’s Support and Maintenance Policies then-current.
Datasense Analytics may provide the number of person-days of professional consulting or training services ("Professional Services") explicitly purchased in the applicable Ordering Document or online ordering process. The parties acknowledge that the scope of the Professional Services provided hereunder consists solely of either or both of: (a) assistance with Software installation, deployment, and usage; and (b) training in use of the Software. You shall have a license right to use any deliverables (including any documentation, code, Software, training materials or other work product) delivered as part of the Professional Services ("Deliverables") solely in connection with your permitted use of the Software, subject to all the same terms and conditions as apply to your Software license (including in Section 3.8 (License Restrictions)), and subject to any additional terms and conditions provided with the Deliverables. You may order Professional Services under a Statement of Work ("SOW") describing the work to be performed, fees and any applicable milestones, dependencies and other technical specifications or related information. Each SOW must be signed by both parties before Datasense Analytics shall commence work under such SOW. If the parties do not execute a separate SOW, the Services shall be provided as stated on the Ordering Document. You will reimburse Datasense Analytics for reasonable travel and lodging expenses as incurred.
Remedies; Indemnification and
10.1 BUT FOR: (1) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10, (2) EITHER PARTY’S BREACH OF SECTION 11 (CONFIDENTIAL INFORMATION), OR (3) YOUR BREACH OF SECTION 3.8 (LICENSE RESTRICTIONS) OR SECTION 12 (EXPORT COMPLIANCE), NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, 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 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
10.2 BUT FOR: (1) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10, (2) EITHER PARTY’S BREACH OF SECTION 11 (CONFIDENTIAL INFORMATION), OR (3) YOUR BREACH OF SECTION 3.8 (LICENSE RESTRICTIONS), SECTION 5 (PAYMENT) OR SECTION 12 (EXPORT COMPLIANCE), EACH PARTY’S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID OR OWED BY YOU FOR THE SOFTWARE OR SERVICE DIRECTLY CAUSING THE DAMAGES.
10.3 The parties agree that the limitations specified in this Section 10 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
10.4 Datasense Analytics Indemnification: Datasense Analytics shall defend you from and against any claim by a third party alleging that the Software when used as authorized under this Agreement infringes a U.S. patent, U.S. copyright, or U.S. trademark and shall indemnify and hold you harmless from and against any damages and costs awarded against you or agreed in settlement by Datasense Analytics (including reasonable attorneys’ fees) resulting from such claim, provided that Datasense Analytics shall have received from you: (i) prompt written notice of such claim (but in any event notice in sufficient time for Datasense Analytics to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of such claim; and (iii) all reasonably necessary cooperation from you. If your use of the Software is (or in Datasense Analytics’ opinion is likely to be) enjoined, if required by settlement or if Datasense Analytics determines such actions are reasonably necessary to avoid material liability, Datasense Analytics may, in its sole discretion: (a) substitute for the Software substantially functionally similar programs and documentation; (b) procure for you the right to continue using the Software; or if (a) and (b) are not commercially reasonable, (c) terminate the Agreement and refund to you the license fee paid by you as reduced to reflect a five year straight-line depreciation from the applicable license purchase date. The foregoing obligations of Datasense Analytics shall not apply: (1) if the Software is modified by any party other than Datasense Analytics, but solely to the extent the alleged infringement is caused by such modification; (2) if the Software is combined with products/ processes not provided or authorized by Datasense Analytics, but solely to the extent the alleged infringement is caused by such combination; (3) to any unauthorized use of the Software; (4) to any unsupported release of the Software; (5) to any third-party code contained within the Software; or (6) if you settle or make any admissions with respect to a claim without Datasense Analyticås’ prior written consent. THIS SECTION 10.4 SETS FORTH DATASENSE ANALYTICS’S AND ITS LICENSORS’ SOLE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT.
10.5 Indemnification by You. Subject to this Section 10, you shall defend Datasense Analytics from and against all claims, arising out of (a) any claim by third parties (including any Client Sublicensees and Contractors) resulting from or relating to (i) any breach by you of Section 3.7 (Client Sublicensees) or (ii) a Client Sublicensees’ use of the Software or (iii) any breach by your Contractor of the terms and conditions of this Agreement; or (b) any claims, penalties, loss or damage arising out of a breach of your obligations under Section 12 (Export Compliance), and shall indemnify and hold Datasense Analytics harmless from and against any damages and costs awarded against Datasense Analytics or agreed in settlement by you (including reasonable attorney’s fees) resulting from such claims, provided that you shall have received from Datasense Analytics: (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of such claim; and (iii) all reasonably necessary cooperation from Datasense Analytics. You may not settle any such claim relating to the Software without Datasense Analytics’ prior written consent, which shall not be unreasonably withheld, conditioned or delayed.
Each party agrees that all code, inventions, know-how, business, technical and financial information it obtains ("Receiving Party") from the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information"), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be Confidential Information due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any software, documentation or technical information provided by Datasense Analytics (or its agents), performance information relating to the Software, and the terms of this Agreement shall be deemed Confidential Information of Datasense Analytics without any marking or further designation. Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information. The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document: (a) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (b) is or has become public knowledge through no fault of the Receiving Party; (c) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; (d) is independently developed by employees of the Receiving Party who had no access to such information; or (e) is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party, the Disclosing Party shall be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law.
You acknowledge that the Software is subject to United States export control and economic sanctions laws, regulations and requirements and to import laws, regulations and requirements of certain foreign governments. You shall not, and shall not allow any third party to, export from the United States or allow the re-export or re-transfer of any part of the Software: (i) to any country subject to export control embargo or economic sanctions implemented by any agency of the U.S. Government; (ii) to any person or entity on any of the U.S. Government’s Lists of Parties of Concern (http://www.bis.doc.gov/index.php/policy-guidance/lists-of- parties-of- concern); (iii) to any known end-user or for any known end- use related to the proliferation of nuclear, chemical or biological weapons or missiles, without first obtaining any export license or other approval that may be required by any U.S. Government agency having jurisdiction with respect to the transaction; or (iv) otherwise in violation of any export or import laws, regulations or requirements of any United States or foreign agency or authority.
13.1 Assignment. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Datasense Analytics may assign this Agreement to any affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of Datasense Analytics’ assets or voting securities. You may not assign or transfer this Agreement, in whole or in part, without Datasense Analytics’ written consent except that you may assign your rights and obligations under this Agreement, in whole but not in part, without Datasense Analytics’ written consent in connection with any merger, consolidation, sale of all or substantially all of your assets, or any other similar transaction provided that: (i) the assignee is not a direct competitor of Datasense Analytics; (ii) you provide prompt written notice of such assignment to Datasense Analytics; (iii) the assignee is capable of fully performing your obligations under this Agreement; and (iv) the assignee agrees to be bound by the terms and conditions of this Agreement. Any attempt to transfer or assign this Agreement without such written consent will be null and void.
13.2 Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.
13.3 Governing Law; Jurisdiction and Venue. This Agreement shall in all respects be governed by the laws of USA. All disputes arising out of or in connection with this Agreement shall be finally settled by 3 (three) arbitrators appointed in accordance with the said Arbitration rules in USA. The arbitration shall be held in New York. The arbitral procedure shall be conducted in the English language. The arbitral award shall be final and binding on the Parties
13.4 Attorneys’ Fees and Costs. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys’ fees and costs in connection with such action.
13.5 Notices and Reports. Any notice or report hereunder shall be in writing. If to Datasense Analytics, such notice or report shall be sent to Datasense Analytics at 10620 Treena St Suite 230, San Diego, CA 92131 to the attention of "Legal Department". If to you, such notice or report shall be sent to the address you provided upon placing your order. Notices and reports shall be deemed given: (i) upon receipt if by personal delivery; (ii) upon receipt if sent by certified or registered mail (return receipt requested); or (iii) one day after it is sent if by next day delivery by a major commercial delivery service.
13.6 Amendments; Waivers. No supplement, modification, or amendment of this Agreement shall be binding, unless executed in writing by a duly authorized representative of each party to this Agreement. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived. No provision of any purchase order or other business form, including any electronic invoicing portals and vendor registration processes, employed by you will supersede the terms and conditions of this Agreement, and any such document relating to this Agreement shall be for administrative purposes only and shall have no legal effect.
13.7 Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. Notwithstanding the foregoing, if you have entered into a separate written license agreement signed by Datasense Analytics for use of the Software, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in this Agreement.
13.8 Independent Contractors. The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.
13.9 Audit Rights. Upon Datasense Analytics’ written request, you shall certify in a signed writing that your use of the Software is in full compliance with the terms of this Agreement (including any platform and user limitations) and provide a current list of Authorized Users for Stand-alone and Multi-User licenses. With reasonable prior notice, Datasense Analytics may audit your use of the Software, software monitoring system and records, provided such audit is during regular business hours. If such inspections or audits disclose that you have installed, accessed or permitted access to the Software in a manner that is not permitted under this Agreement, then Datasense Analytics may terminate this Agreement pursuant to Section 6 and you are liable for the reasonable costs of the audit in addition to any other fees, damages and penalties Datasense Analytics may be entitled to under this Agreement and applicable law.
13.10 Force Majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events, which occur after the signing of this Agreement and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.
13.11 Government End-Users. The Software is commercial computer software. If the user or licensee of the Software is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Software was developed fully at private expense. All other use is prohibited.
13.12 Authorized Partner. If you received the Software under an agreement ("Partner Agreement") with an authorized Datasense Analytics reseller, partner or OEM ("Authorized Partner") then, notwithstanding anything to the contrary in this Agreement: (a) your use of the Software is subject to any additional terms in the Partner Agreement, including any limitations on use of the Software in conjunction with third-party applications; and (b) you agree to pay the Authorized Partner the fees agreed in the Partner Agreement and you have no direct payment obligations to Datasense Analytics for that purchase under Section 5 above. If your warranty and support terms stated in your Partner Agreement are different than what is stated in Section 7 or 8 herein, then Datasense Analytics has no warranty or support obligations to you under this Agreement (although the disclaimers of warranties in Section 7.3 still apply to you). If your warranty and support terms passed on in your Partner Agreement are as stated herein, then Section 7 and 8 shall apply to you as written. Notwithstanding anything in this Agreement to the contrary, (i) the Partner Agreement may not modify any of the remaining terms of this Agreement and (ii) the Partner Agreement is between you and the Authorized Partner and is not binding on Datasense Analytics. Datasense Analytics may terminate this Agreement (including your right to use the Software) in the event Datasense Analytics fails to receive payment for your use of the Software from the Authorized Partner or if you breach any term of this Agreement.
13.13 Third-Party Beneficiary. Datasense Analytics, its affiliates and its licensors may be third party beneficiaries of this Agreement. No other third party, including without limitation your Client Sublicensees or Contractors under Section 3.7, is intended to be a beneficiary of this Agreement entitled to enforce its terms directly.
DSA is committed to your privacy. This Privacy Statement discloses our information gathering and dissemination practices and you should read it carefully to understand what we do with any personal information that you provide to us while using our site - www.datasenseanalytics.com
In general, we do not engage in any activity that will personally identify our site visitors.
We use your IP address to help diagnose problems with our server, to administer our website, and to improve our site based on which features people use most often. Your IP address is also used to help identify you and to gather broad demographic or other non-personal information.
Using www.datasenseanalytics.com does not require registration of any kind other than voluntary registration for software downloads, white papers, correspondence and registration to demos, conferences, events and net-sessions organized by DSA, or for contact with the registrants. Any information that we have collected or stored about you may be transferred to a future purchaser of our company and/or its assets. The data collected is stored in a secure server with our ISP, which will take periodic backups of it but we will not give or sell them to anyone.
A "cookie" is a small piece of data that a website can send to your browser, which may be stored on your system. Currently, we are using just session cookies in a select few pages. But we may use it more widely in the future so that we can better serve you when you return to our site. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it or not. Cookies can be used to provide you with tailored information from our website.
We sometimes collect anonymous information from visits to our website to help us provide better customer service. This anonymous information is sometimes known as "click stream data". We may use this data to analyze trends and statistics and to help us provide you with a better customer service.
This website may periodically contain links to other websites. DSA is not responsible for the privacy or other practices or the contents of such websites, nor do we take any responsibility for the options of third parties expressed on or through our website.
This site gives users the option for removing their information from our database, to not receive future communications or to no longer receive our service. To delete your record from our data base, send us an email at marketing@datasenseanalytics.com
This site gives users the option for changing and modifying information previously provided. Send an email to marketing@datasenseanalytics.com to request a change.
DSA reserves the right to modify or update our Privacy Policy at any time without notice, so we encourage you to review this policy from time to time for any such changes.
If you have any questions about this privacy statement, the privacy practices of this site, or your dealings with this website, you can contact: E-mail: info@datasenseanalytics.com
Effective as of January 1, 2019, Datasense Analytics Inc., (“Datasense or DSA”) have published terms that apply to the use of our Websites (as herein defined). For the purposes of these Terms of Use, the term, “Websites”, shall refer collectively to www.datasenseanalytics.com as well as the other websites that Datasense operates and that link to these Terms of Use.
We provide the Websites to you subject to these Terms of Use (“Terms”), which may be updated by us from time to time pursuant to Section 1 herein. By accessing and using the Websites, you accept and agree to be bound by these Terms, and Datasense’s Privacy Notice found here. If you do not agree to these Terms, you should not access or use the Websites. In addition, when accessing the Websites you shall be subject to any posted guidelines or rules applicable to the Websites, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
These Terms do not apply to your access to and use of the products and services which we market for license or subscription on our Websites (our “Product” or our “Services”). The practices and policies are detailed in and governed by our End-User License Agreement, available here under “Download”, or such other applicable agreement between you and Datasense relating to your access to and use of such Product or Services (“License Agreement” or “Service Agreement”).
These Terms were last updated on January 1, 2019.
