This feature includes MOJO 2 runtime libraries that are intellectual property of H2O.ai, Inc. or its licensors ("H2O Mojo Libraries"). The H2O Mojo Libraries are licensed to you under the H2O.ai, Inc. terms and conditions found at: https://www.h2o.ai/license/, which are reprinted below. You may distribute the H2O Mojo Libraries (solely as incorporated into this feature) to users of workflows developed by you using the KNIME Analytics Platform, provided that you ensure that such users are bound by the terms and conditions found at: https://www.h2o.ai/license/. All other aspects of this feature are licensed to you by KNIME under the Apache License, Version 2.0, which is reprinted below: ====================================== END USER SOFTWARE LICENSE AGREEMENT (v.3) IMPORTANT: PLEASE READ BEFORE INSTALLATION OR USE OF THE H2O.AI (“LICENSOR”) SOFTWARE. YOU HAVE PURCHASED A LICENSE TO (“SOFTWARE”). BY INSTALLING OR IN ANY WAY USING THE SOFTWARE, THE ENTITY OR COMPANY THAT YOU REPRESENT (“LICENSEE”) IS UNCONDITIONALLY CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS LICENSE AGREEMENT (“AGREEMENT”) WITH LICENSOR. IF LICENSEE DOES NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, INSTALLATION OR USE SOFTWARE IS STRICTLY PROHIBITED. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. IN THE EVENT THERE IS A SEPARATELY NEGOTIATED AND EXECUTED MASTER SERVICES AGREEMENT BETWEEN LICENSOR AND LICENSEE WITH RESPECT TO PROCUREMENT OF THE SOFTWARE, SUCH AGREEMENT SHALL CONTROL AND THIS AGREEMENT WILL NOT APPLY. 1. LICENSE GRANT. Subject to the terms of this Agreement, Licensor hereby grants Licensee a limited, personal, non-sublicensable, non-transferable, nonexclusive license to use the Software (in object code form only) only for Licensee’s internal use for the purpose for which it is provided and only in accordance with any Licensor-provided documentation (including as provided electronically). The Software may be accessed by the number of users agreed to by the Licensor and Licensee during the purchase process (e.g. on an order form). Such users will be specific individuals named by Licensee during the purchase process, or subsequently, in writing (email is sufficient). Once such named individuals are selected by Licensee – they may be changed only on written notice to Licensor (email is sufficient). The named individuals will not allow any other Licensee personnel to use their Software log-in credentials (passwords, etc.). No source code will be provided. 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Except as expressly and unambiguously permitted by this Agreement, Licensee shall not, nor permit anyone else to, directly or indirectly: (i) copy, modify, resell or distribute the Software; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software (except the foregoing will not apply to the extent prohibited by applicable local law); (iii) rent, lease, or use the Software for timesharing or service bureau purposes, or otherwise use the Software on behalf of any third party; (iv) use the Software to develop any other product or services whether delivered internally or as an external service offering or (v) use the Software for performing comparisons or other “benchmarking” activities, either alone or in connection with any other software (and Licensee will not publish or disclose any such performance information or comparisons). Licensee shall maintain and not remove or obscure any proprietary notices on or in the Software. As between the parties, title, ownership rights, and intellectual property rights in and to the Software, and any copies or portions thereof, shall remain in Licensor and its suppliers or licensors. Licensee understands that Licensor may modify or discontinue offering the Software at any time (provided that, if Licensee has purchased a term-based license – such discontinuance will only take place at the end of the then-current term). The Software is protected by the copyright laws and treaties. This Agreement does not give Licensee any rights not expressly granted herein. On ten (10) days notice, Licensor shall have the right to (itself or through a designated third party) audit Licensee’s facilities, networks, systems, books and records to confirm Licensee’s use of the Software is in accordance with the terms and conditions of this Agreement. 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In the event of a breach of this Section, Licensee’s sole remedy, and Licensor’s exclusive liability, shall be for H2O to use commercially reasonable efforts to correct any such defect(s); provided that, Licensee specifically notifies Licensor in writing of the defect(s) within thirty (30) days form the date Licensee first experiences the defect. Such corrections will be in accordance with Licensor’s standard practices (such as release cycles) that it provides to its other general customers. This Section 6 will not apply to Software provided on an evaluation basis (or any other no-fee basis). 7. WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6, LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LAST SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO LICENSEE. NOTWITHSTANDING ANY OF THE FOREGOING (INCLUDING SECTION 6) – NO WARRANTIES OF ANY KIND ARE MADE WITH RESPECT TO SOFTWARE PROVIDED ON AN EVALUATION BASIS). 8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON IN CONNECTION WITH THE SOFTWARE OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT FOR ANY: (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, (II) ANY AMOUNTS IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY LICENSEE HEREUNDER DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION ACCRUES (BUT IF NO FEES HAVE BEEN PAID, SUCH AS FOR SOFTWARE PROVIDED ON AN EVALUATION BASIS, THE DAMAGES CAP WILL BE US$1,000.00), (III) THE COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR (IV) MATTERS BEYOND ITS REASONABLE CONTROL. 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Notwithstanding the foregoing, Software provided on an Evaluation Basis will, unless otherwise agreed in writing, have a term of thirty (30) days. In addition, either party may terminate this Agreement on written notice if the other party (a) fails to cure any material breach of this Agreement within thirty (30) days after written notice (ten (10) days in the case of non-payment or in the event Licensee breaches any license or use restrictions); (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 that party (and not dismissed within ninety (90) days thereafter). With respect to Customer’s breach of its payment obligations, or any license or use restrictions, electronic notice to Customer is sufficient hereunder. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, Licensee shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Software, and shall, if requested by Licensor, so certify to Licensor in writing that such actions have occurred. Sections 2 and 4 through 14, and all accrued rights to payment, shall survive termination of this Agreement. 10. GOVERNMENT USE. If Licensee is part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. 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In addition, to be effective, legal notices to Licensor (such as for breach) must also be provided in email to: salesops@h2o.ai (subject heading: Attn: Legal Notice) (but, notwithstanding earlier receipt via email, legal notices will be deemed received when the physical notice is received as set forth in preceding sentence). Notwithstanding the foregoing, an electronic notice to Licensee (such as via email) is sufficient to the extent related to breach or termination. 13. LOGO USAGE. During the term of this Agreement and for a reasonable wind-down period thereafter, Licensor may use Licensee’s name and logo on its website and in marketing materials as part of a general list of customers. 14. MISCELLANEOUS. Licensor shall have the right to inspect and audit Licensee’s facilities to confirm Licensee’s compliance with this Agreement. This Agreement represents the complete agreement concerning the Software between the parties, to the exclusion of any pre-printed or contrary terms of any Licensee purchase order (or similar document), and supersedes all prior agreements and representations between them; provided, however, that if there is already a mutually signed agreement between Licensor and Licensee (not including any Licensee purchase order or similar document) covering Licensee’s purchase of a license to use the Software, then the express terms of that signed agreement will govern to the extent they are expressly contrary to this Agreement. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Licensor to act with respect to a breach of this Agreement by Licensee or others does not constitute a waiver and shall not limit Licensor’s rights with respect to such breach or any subsequent breaches. This Agreement is personal to Licensee and may not be assigned or transferred for any reason whatsoever without Licensor’s consent and any action or conduct in violation of the foregoing shall be void and without effect. Licensor expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California, without regard to the Uniform Computer Information Transactions Act. Without limiting Company’s right to seek injunctive or other equitable relief in court, either party may elect (by written notice given prior filing a complaint or, in the case of the defendant, prior to answering a complaint) to resolve a dispute by binding arbitration in the English language in San Francisco, California under the Rules and Procedures of the Judicial Arbitration and Mediation Service, Inc.; the decision of the arbitrator will be enforceable in any court. The JAMS Streamlined Rules will be used if available. Subject to the foregoing, all disputes will be subject to the sole and exclusive jurisdiction of, and venue in, the state and federal courts located in San Francisco, California. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees. ====================================== Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. 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