Dremio Software Appendix

With respect to Customer’s purchase and/or use of Dremio Software, the following additional terms shall govern Customer’s access to and use of Dremio’s fully managed lakehouse platform Software. In the event a term relating to Dremio Software within the Agreement conflicts with a term within this Software Appendix, the terms of this Software Appendix shall prevail and govern.

ADDITIONAL DEFINITIONS

“Node” means one (1)  physical or virtual machine that has up to 128 GB of RAM or 32 vCPU allocated to the Dremio Nodes, including coordinators, executors and catalog nodes. If more than 128 GB of RAM or 32 vCPU is allocated to the Software, the number of Nodes will increase proportionally (e.g., Customer will purchase two (2) Nodes if Customer allocates 256 GB of RAM to the Software), be rounded up, and be counted in the aggregate under the peak capacity of usage.  All nodes in a Dremio Software cluster, including those Nodes in clusters accessed via a Dremio-2-Dremio connection, must be licensed and multiple instances shall be of the same license type.

  1. USE OF DREMIO SOFTWARE
    1. Subject to the terms and conditions of this Agreement, Dremio hereby grants to Customer and its Affiliates, during the Subscription Term, a limited, non-exclusive, non-transferable, non-sublicensable license for Customer’s and its Affiliates’ to: (a) use and display the Software on the number of Nodes specified in the Order Form, in accordance with the Documentation; and (b) copy the Software and Documentation as reasonably necessary to support the number of licensed Nodes. Notwithstanding anything to the contrary, Customer agrees that Dremio and/or its licensors (as applicable) retain all right, title and interest in and to all Software incorporated in such modifications and/or patches, and all such Software may only be used, copied, modified, displayed, distributed, or otherwise exploited in full compliance with this Agreement, and with a valid Subscription for the correct number of Nodes.
    2. Dremio may, in its sole discretion, offer preview, alpha, beta, experimental, pre-release or similarly named features or services, prior to their general commercial release (collectively, “Previews”). All Previews shall be subject to the Beta Terms of Service available at https://www.dremio.com/legal/beta-terms-of-service/.
    3. Customer acknowledges and agrees that it will abide by the Dremio Software Shared Responsibility Model available at https://trust.dremio.com/.
  2. ADDITIONAL NODES
    1. During the Subscription Term, Customer may, subject to the Agreement, purchase and use additional Nodes above the number purchased in an Order Form. Customer agrees to promptly notify Dremio in writing if it uses a Subscription in connection with more Nodes than the number of Nodes for which Customer has purchased under its Subscription. Customer shall include in such notice the number of additional Nodes and the date on which it first used any such additional Nodes. Dremio will invoice Customer, or, if applicable, a Reseller, for such additional Nodes, adjusted on a pro rata basis from the date of first use and for the remainder of the applicable Subscription Term.
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