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Cloudera named a leader in 2022 Gartner® Magic Quadrant™ for Cloud Database
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 * Why Cloudera
    * Why Cloudera Overview
   
   DRIVING INNOVATION
   
    * Hybrid data platform
    * Open data lakehouse
    * Scalable data mesh
    * Unified data fabric
   
   EMPOWERING PEOPLE
   
    * Customers
    * Partners
    * Diversity, equality, & inclusion
    * Corporate social responsibility

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    * Products Overview
   
   CLOUDERA DATA PLATFORM
   
   The only hybrid data platform for modern data architectures with data
   anywhere.
   
    * DataFlow
    * Stream Processing
    * Data Engineering
    * Data Warehouse
    * Operational Database
    * Machine Learning
    * Data Hub
   
    * CDP Trust Center
    * Pricing
    * Documentation
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TERMS AND CONDITIONS OF SITE USE



Last updated: October 25, 2021

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE
SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU: (A) HAVE READ ALL OF THESE TERMS;
(B) UNDERSTAND ALL OF THESE TERMS; AND (C) AGREE TO BE LEGALLY BOUND BY ALL OF
THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE
SERVICES. WE SUGGEST YOU PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.

These Terms of Service (these “Terms”) apply when you access or use any website,
mobile application and other online product and service (collectively, the
“Services”) of Cloudera, Inc. (“Cloudera,” “we” or “us”). These Terms do not
alter the terms or conditions of any other agreement you may have with Cloudera
for specific products or services. If you are using the Services on behalf of
any entity, you represent and warrant that you are authorized to accept these
Terms on such entity’s behalf and that such entity agrees to indemnify you and
Cloudera for violations of these Terms. Nothing in these Terms will be deemed to
confer any third-party rights or benefits.


UPDATES TO THESE TERMS

We reserve the right to modify any provisions of these Terms and any policies or
guidelines governing your use of the Services at any time at our discretion and
without liability to you. The modifications will be effective immediately upon
posting the modified Terms on the Services, and you waive any right you may have
to receive specific notice of the modifications. Your continued use of the
Services following the posting of the modifications constitutes your acceptance
to the modifications. Therefore, you should frequently review these Terms and
all applicable policies or guidelines on the Services to understand the terms
and conditions applicable to your use of the Services. If you do not agree to
any modifications to these Terms or to any applicable policies or guidelines on
the Services, you must stop using the Services.


PRIVACY STATEMENT

Please refer to Cloudera’s Privacy Statement for information on our privacy
practices. If you are a resident of any country outside the United States, you
understand and agree that we will store and process your personal information on
computers located in the United States, and that by providing any information to
us, you consent to the transfer of such information to the United States.


THE SERVICES

As part of the Services, Cloudera may offer training, support and professional
services to help you install, configure, optimize, tune and run computer
programs, including Apache Hadoop for large scale data processing and analysis.
Cloudera also develops, distributes and maintains proprietary and open source
software products for its customers. The Services may be provided by Cloudera or
its third-party service providers. Cloudera reserves the right to change any and
all content contained in the Services and to modify, suspend or discontinue the
Services or any features or functionality of the Services at any time without
notice and without obligation or liability to you.

Content; Interactive Features or Areas

The Services may include discussion forums, blogs, private messages, emails or
other interactive features or areas where you or other users can create, post,
transmit or store content, including (but not limited to) text, music, sound,
photos, images, video, graphics, code and other items or materials
(collectively, “Content”). Content posted on interactive areas of the Services
is publicly viewable to others. You are solely responsible for your Content and
for your use of such interactive areas, which you use at your own risk.

By using the interactive areas of the Services, you will not, and will not allow
or authorize any third party to, post, upload to, transmit, distribute, store,
create, solicit, disclose or otherwise publish through the Services any of the
following:

 * Content that is unlawful, libelous, defamatory, obscene, pornographic,
   indecent, lewd, suggestive, harassing, threatening, invasive of privacy or
   publicity rights, abusive, inflammatory, fraudulent or otherwise
   objectionable;
 * Content that would constitute, encourage or provide instructions for a
   criminal offense, violate the rights of any party or otherwise create
   liability or violate any local, state, national or international law;
 * Content that may infringe the patent, trademark, trade secret, copyright,
   intellectual, privacy or proprietary right of any party;
 * Content that impersonates any person or entity or otherwise misrepresents
   your affiliation with a person or entity;
 * Unsolicited promotions, political campaigning, advertising or solicitations;
 * Private information of any third party, including (but not limited to)
   addresses, phone numbers, email addresses, Social Security numbers and
   payment card information;
 * Viruses, corrupted data or other harmful, disruptive or destructive files; or
 * Content that, in the sole judgment of Cloudera, is objectionable or which
   restricts or inhibits any other person from using or enjoying the Services,
   or may expose Cloudera or our users to any harm or liability of any type.

You will not violate any law, contract, intellectual property or other
third-party right or commit a tort, and you are solely responsible for your
conduct while on the Services. You will not do, and will not allow or authorize
any third party to do, any of the following:

 * Use the Services in any manner that could interfere with, disrupt, negatively
   affect or inhibit other users from fully enjoying the Services, or that could
   damage, disable, overburden or impair the functioning of the Services in any
   manner;
 * Send any unsolicited or unauthorized advertising, solicitations, promotional
   materials, spam, junk mail, chain letters or pyramid schemes, or conceal or
   misrepresent the identity of senders of emails, for the purpose of sending
   spam or other commercial messages;
 * Harvest or collect information about other users, including their email
   addresses, without their consent;
 * Use any robot, spider, crawler, scraper or other automated means or interface
   not provided by us to access the Services or to extract data;
 * Reverse engineer any aspect of the Services or do anything that might
   discover source code or bypass or circumvent measures employed to prevent or
   limit access to any area, content or code of the Services (except as
   otherwise expressly permitted by law);
 * Use or attempt to use any account you are not authorized to use;
 * Impersonate or post on behalf of any person or entity or otherwise
   misrepresent your affiliation with a person or entity;
 * Attempt to circumvent any content filtering techniques we employ, or attempt
   to access any service or area of the Services that you are not authorized to
   access;
 * Attempt to indicate in any manner that you have a relationship with us or
   that we have endorsed you or any products or services for any purpose;
 * Engage in any harassing, intimidating, predatory or stalking conduct;
 * Develop any third-party applications that interact with Content and the
   Services without our prior written consent; and
 * Use the Services for any illegal or unauthorized purpose or engage in,
   encourage or promote any activity that violates these Terms.

Cloudera is not responsible or liable for the conduct of, or your interactions
with, any other users of the Services (whether online or offline), or for any
associated loss, damage, injury or harm. As a provider of interactive services,
Cloudera is not liable for any statements, representations or Content provided
by our users through the interactive area of the Services. Although Cloudera has
no obligation to screen, edit or monitor any Content, Cloudera reserves the
right, and has the discretion, to remove, screen or edit any Content posted or
stored on the Services at any time and for any reason without notice. You are
solely responsible for creating backup copies of and replacing any Content you
post or store on the Services at your sole cost and expense.

Rights in Content 

By submitting or posting Content on the Services, you hereby grant to Cloudera a
nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content in connection with providing
the Services. You also grant Cloudera the right to use your name, location and
any other information you submit in connection with such Content. The use of
your or any other user’s name, likeness, voice or identity in connection with
various features on the Services does not imply any endorsement of such features
or of the Services unless explicitly stated otherwise.

By posting Content to the Services, you represent and warrant the following:
(i) such Content is non-confidential; (ii) you own and control all of the rights
to the Content that you post or you otherwise have all necessary rights to post,
distribute and reproduce such Content to the Services; (iv) the Content is
accurate and not misleading or harmful in any manner; and (v) the Content and
your use and posting of the Content do not and will not violate these Terms or
any applicable law, rule or regulation.

SUBMISSIONS

You acknowledge and agree that any materials, including but not limited to
questions, comments, suggestions, ideas, plans, notes, drawings, original or
creative materials or other information regarding the Services, Cloudera or
Cloudera’s products or services (collectively, “Submissions”) that you
communicate to Cloudera (whether by email, any postings on the Services or
otherwise) are non-confidential and will become the sole property of Cloudera.
Cloudera will own exclusive rights, including all intellectual property rights
and will be entitled to the unrestricted use and dissemination of Submissions
for any purpose, commercial or otherwise, without acknowledgment or compensation
to you. You acknowledge that Cloudera may have ideas or materials similar to
Submissions already under consideration or development and that you are not
entitled to compensation or reimbursement from Cloudera of any kind in
connection with Submissions.


ACCOUNT TERMS

You represent and warrant the following:

 * You are authorized to use and have fees charged to the PayPal account, credit
   card or debit card number you provide via the Services for any payments due.
 * All of your registration and account information is true, accurate and
   complete.

You will maintain the security of your password. You accept all responsibility
for all activity that occurs under your user name and all risks for any
unauthorized access to your registration and account information and any other
information you provide to Cloudera. Any breach or suspected breach of any of
the above representations or warranties may result in immediate termination of
your account or suspension of your account without, if applicable, any refund.
If you submit your email address to Cloudera, you further represent and warrant
that such email address (whether a business or personal email address) is not
shared with any other individuals and that you take reasonable measures to
maintain the security of such email address and the associated password.


MINORS

In order to create an account, you must be 13 years of age or older. If children
between the ages of 13 and 18 wish to use the Services, they must be registered
by their parent or guardian. By registering, you represent and warrant that you
are 13 years of age or older.


COPYRIGHT

The Services and all content and other materials on the Services, including, but
not limited to, the Cloudera effects, our logo and all designs, text, graphics,
logos, icons, images, photographs, audio clips, digital downloads, data
compilations, software and the selection and arrangement thereof (collectively,
the “Materials”) are our property or are licensed to us are protected by United
States and/or international copyright laws. Except as otherwise provided in
these Terms, you are not permitted to copy, modify, display, license, create
derivative works of, or otherwise exploit our Materials without written
permission of the copyright holder.




TRADEMARK

CLOUDERA, the Cloudera Logo and any other product or service names, slogans,
graphics, logos, page headers, button icons and scripts contained in the
Services, except as otherwise noted, are trademarks or trade dress of Cloudera.
Cloudera’s trademarks and trade dress may not be used in connection with any
product or service that is not Cloudera’s, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits
Cloudera.

HADOOP, the Hadoop Elephant Logo, Apache, Avro, Bigtop, Crunch. Flume, Hadoop,
HBase, Hive, Kafka, Kudu, Lucene, Mahout. Oozie, Parquet, Pig, Sentry, Solr,
Spark, Sqoop, Impala, and ZooKeeper are registered trademarks or trademarks of
the Apache Software Foundation.

Reference to any products, services, processes or other information, by trade
name, trademark, manufacturer, supplier or otherwise does not constitute or
imply endorsement, sponsorship or recommendation by Cloudera.


LIMITED LICENSE AND RESTRICTIONS

We grant you a limited, non-sublicensable, non-exclusive and revocable license
to access and make use of the Services and the Materials solely in accordance
with, and subject to, these Terms and any other of our policies as posted on the
Services. Except as otherwise expressly permitted by these Terms, you may not do
any of the following: (i) collect, use, copy or distribute any portion of the
Services or the Materials; (ii) resell, publicly perform or publicly display any
portion of the Services or the Materials; (iii) modify or otherwise make any
derivative uses of any portion of the Services or the Materials; (iv) use any
“deep-link,” “page-scrape,” “robot,” “spider” or other automatic device,
program, algorithm or methodology which perform similar functions to access,
acquire, copy or monitor any portion of the Services; (v) use the Services in a
manner which results in the depletion of Website infrastructural resources; (vi)
download (other than page caching) any portion of the Services, the Materials or
any information contained therein; or (vii) use the Services or the Materials
other than for their intended purposes.


THIRD-PARTY CONTENT

We may host or provide links to products, Web pages, Websites and other content
of third parties (“Third-Party Content”). The inclusion of any link or the
hosting of any content is provided solely as a convenience to our users,
including you, and does not imply affiliation, endorsement, approval, control or
adoption by us of any Website or any information or content contained therein.
We make no claims or representations regarding, and accept no responsibility
for, Third-Party Content or for the quality, accuracy, nature, ownership or
reliability of Third-Party Content. Users, including you, may use these links
and the Third-Party Content contained therein at their own risk. When you leave
the Services, 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 Website to which you navigate from the Services.


ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES

We may run advertisements and promotions from third parties on the Services or
may otherwise provide information or links to third-party products or services
on the Services. Your business dealings or correspondence with, or participation
in promotions of our advertisers and any terms, conditions, warranties or
representations associated with such dealings or promotions, are solely between
you and such third party. We are not responsible or liable for any loss or
damage of any sort incurred as a result of any such dealings or promotions or as
the result of the presence of such third-party advertisers or third-party
information on the Services.


DISCLAIMER OF WARRANTIES

UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, ALL PRODUCTS, INCLUDING NEW AND
USED PRODUCTS PURCHASED THROUGH THE SERVICES AND THE MATERIALS INCLUDED ON OR
OTHERWISE MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS”
AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS
OF ANY KIND. CLOUDERA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
(BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE
CONTENT AND MATERIALS CONTAINED THEREIN. WE DO NOT WARRANT THAT THE SERVICES OR
PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE
ACCURATE, COMPLETE, RELIABLE, SECURE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.


LIMITATION OF LIABILITY

IN NO EVENT WILL CLOUDERA OR DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF
DATA ) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE MATERIALS AND ANY
SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE
SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE) AND EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO
YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS EXCEED THE
COMPENSATION YOU PAY, IF ANY, TO CLOUDERA FOR ACCESS TO OR USE OF THE CLOUDERA
WEBSITE. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.

THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE
TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.


INDEMNIFICATION AND RELEASE

You will indemnify, defend and hold us and our investors, officers, directors,
affiliates, subsidiaries, licensors, partners, licensees, consultants,
contractors, suppliers, agents and employees (collectively, the “Indemnified
Parties”) harmless from and against any and all actual or threatened third-party
suits, actions, proceedings (at law or in equity), claims (groundless or
otherwise), damages, payments, deficiencies, fines, judgments, settlements,
liabilities, losses, costs and expenses (including, but not limited to,
reasonable attorney and expert fees, costs, penalties, interest and
disbursements) resulting from any claim (including third-party claims), suit,
action, or proceeding against any of the Indemnified Parties, whether successful
or not, resulting from or arising in connection with any of the following: (i)
your use of the Services or the Materials; (ii) your conduct; (iii) your
violation of the rights of any third party; (iv) any breach by you of these
Terms (including, but not limited to, any breach of any of your representations
or warranties); (v) any Content you upload to, post on, create on, transmit
through or link from the Services; or (vi) the disclosure, solicitation or use
of any personal information by you, whether with or without your knowledge or
consent.


TERMINATION

Notwithstanding any terms to the contrary in these Terms, we reserve the right,
without notice, without liability to you and at our discretion, to terminate any
of your rights under these Terms (including, but not limited to, your right to
use the Services) and to block or prevent your access to and use of the Services
for any or no reason.


ELECTRONIC COMMUNICATIONS

Notwithstanding any terms to the contrary in these Terms, Cloudera may choose to
electronically deliver all communications with you, which may include the
following: (i) email to your email address indicated in your communications with
Cloudera or upon registration with the Services; or (ii) posting messages that
are displayed to you when you log in to or access the Services. Cloudera’s
electronic communications to you may transmit or convey information about action
taken on your request, portions of your request that may be incomplete or
require additional explanation, any notices with respect to modifications to
these Terms, any notices required under applicable law and any other notices.
You agree to do business electronically with Cloudera, and to receive
electronically all current and future notices, disclosures, communications and
information, and that the aforementioned provided electronically satisfies any
legal requirement that such communications be in writing. An electronic notice
will be deemed to have been received the day of receipt as evidenced by such
email.


NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

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

Name of Agent Designated: General Counsel of Cloudera

Address Where Notification Should be Sent: 5470 Great America Parkway, Santa
Clara, CA 95054

Telephone Number: +1 (650) 362-0488

Email Address: dmca@cloudera.com

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 will 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.

REPEAT INFRINGER POLICY

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


MISCELLANEOUS

These Terms and your use of the Services will be governed by and construed in
accordance with the laws of the State of California applicable to agreements
made and to be entirely performed within the State of California, without resort
to its conflict of law provisions. You agree that any action at law or in equity
arising out of or relating to these Terms will be filed only in the state and
federal courts located in San Francisco County, California. You hereby
irrevocably and unconditionally consent and submit to the exclusive jurisdiction
of such courts over any suit, action or proceeding arising out of these Terms.
None of your rights or duties under these Terms may be transferred, assigned or
delegated by you without our prior written consent, and any attempted transfer,
assignment or delegation without such consent will be void and without effect.
We may freely transfer, assign or delegate our rights and duties under these
Terms. Subject to the foregoing, these Terms will be binding upon and will inure
to the benefit of the parties and their respective representatives, heirs,
administrators, successors and permitted assigns. If any provision of these
Terms is invalid, illegal or incapable of being enforced by any rule of law or
public policy, all other provisions of these Terms will nonetheless remain in
full force and effect so long as the economic or legal substance of the
transactions contemplated by these Terms is not affected in any manner adverse
to any party. Upon such determination that any provision is invalid, illegal or
incapable of being enforced, the parties will negotiate in good faith to modify
the Terms so as to effect the original intent of the parties as closely as
possible in an acceptable manner to the end that the transactions contemplated
hereby are fulfilled. The headings of the sections of these Terms are for
convenience of reference only and are not intended to restrict, affect or be of
any weight in the interpretation or construction of the provisions of such
sections.


CRYPTOGRAPHIC SOFTWARE NOTICE

This notice applies to the Cloudera Distribution Including Apache Hadoop (CDH)
and Cloudera Manager.

These products include cryptographic software. The country in which you
currently reside may have restrictions on the import, possession, use, and/or
re-export to another country, of encryption software. BEFORE using any
encryption software, please check your country's laws, regulations and policies
concerning the import, possession, or use, and re-export of encryption software,
to see if this is permitted. See http://www.wassenaar.org/ for more information.

The U.S. Government Department of Commerce, Bureau of Industry and Security
(BIS), has classified software included in these products as Export Commodity
Control Number (ECCN) 5D002.C.1, which includes information security software
using or performing cryptographic functions with asymmetric algorithms. The form
and manner of this distribution makes it eligible for export under the License
Exception ENC Technology Software Unrestricted (TSU) exception (see the BIS
Export Administration Regulations, Section 740.13) for both object code and
source code.

The following provides more details on the included cryptographic software:

Cloudera Distribution Including Apache Hadoop (CDH): See the readme.txt files of
individual components for more details on the included cryptographic software.

Cloudera Manager:

 * SSL libraries from the Jetty project (origin mortbay.org, eclipse.org).
 * OpenSSL libraries from the OpenSSL project.
 * SSH libraries from bouncycastle
 * TLS libraries in the python agent (m2crypto).

Cloudera Manager uses the standard java.security packages. "Java Security" is an
umbrella of Java standards and includes:

 * JCA (Cryptography Architecture)
 * JCE (Cryptographic Extensions)
 * JAAS (Authentication and Authorization APIs)
 * JSSE (Java Secure Sockets Extensions)
 * JGSS (Java Generic Security Service APIs - Kerberos)
 * Java SASL (Simple Authentication and Security Layer) API

For information about patents covering Cloudera products, see
http://tiny.cloudera.com/patents.


PRODUCT ACCESSIBILITY STATUS

Cloudera is committed to providing big data enterprise applications accessible
to all individuals. This includes users working with assistive technology, such
as speech recognition software and screen readers. To help meet our goal of
universal design, Cloudera products with Graphical User Interfaces (GUIs) follow
the internationally recognized best practices in Section 508 of the
Rehabilitation Act, the EN 301 549 Standard for Digital Accessibility in Europe,
and the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA to the extent
possible.

The Voluntary Product Accessibility Template (VPAT) is a standardized form
developed in partnership by the Information Technology Industry Council (ITI)
and the U.S. General Services Administration (GSA) to document a product’s
conformance with key regulations of Section 508 of the Rehabilitation Act. 

In 2018, a third party vendor completed accessibility audits of five Cloudera
products with significant GUIs and documented their accessibility status using
VPATs. The products are the following: Cloudera Manager, Cloudera Navigator,
Hadoop User Experience (HUE), Cloudera Data Science Workbench, and Cloudera
Altus. The five VPAT reports are available upon request.

Any VPAT shared by Cloudera personnel, posted anywhere on Cloudera’s website, or
otherwise publicly available, shall not be construed to be included in any
contract, either explicitly or implicitly, in whole or in part, absent
Cloudera’s express acknowledgement through language in the contract itself that
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