LICENSE

Teradata SQL Driver for Node.js
Copyright 2023 Teradata.  All rights reserved.

LICENSE AGREEMENT

PRODUCT: Teradata SQL Driver for Node.js

IMPORTANT - READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE.
TERADATA WILL LICENSE THE SOFTWARE TO YOU ONLY IF YOU ACCEPT THE TERMS AND CONDITIONS OF
THIS AGREEMENT AND MEET THE CONDITIONS FOR USING THE SOFTWARE DESCRIBED BELOW.  BY
DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU (1) AGREE TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT, AND (2) REPRESENT AND WARRANT THAT YOU POSSESS THE AUTHORITY TO ENTER
INTO THIS AGREEMENT ON BEHALF OF YOU, YOUR EMPLOYER (WHEN ACTING ON BEHALF OF YOUR EMPLOYER),
AND/OR A TERADATA-AUTHORIZED LICENSEE (WHEN YOU AND YOUR EMPLOYER ARE ACTING ON BEHALF OF A
TERADATA-AUTHORIZED LICENSEE).  IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS
AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

IMPORTANT - BY DOWNLOADING THE SOFTWARE:
* YOU ACKNOWLEDGE THAT THE SOFTWARE YOU ARE DOWNLOADING FROM TERADATA IS SUBJECT
  TO THE RESTRICTIONS AND CONTROLS IMPOSED BY UNITED STATES EXPORT REGULATIONS.
* YOU CERTIFY THAT:
** YOU DO NOT INTEND TO USE THE SOFTWARE FOR ANY PURPOSE PROHIBITED BY UNITED STATES EXPORT
   REGULATIONS, INCLUDING, WITHOUT LIMITATION, TERRORISM, CYBER-ATTACKS, CYBER-CRIMES,
   MONEY-LAUNDERING, INDUSTRIAL ESPIONAGE, OR NUCLEAR, CHEMICAL OR BIOLOGICAL WEAPONS
   PROLIFERATION.
** YOU ARE NOT LISTED AS A DENIED PARTY ON ANY LIST GOVERNING UNITED STATES EXPORTS.
** YOU ARE NOT A NATIONAL OF ANY COUNTRY THAT IS NOT APPROVED FOR EXPORT OF THE SOFTWARE.
   AS OF 2017, THESE COUNTRIES ARE CUBA, IRAN, NORTH KOREA, AND SYRIA.

This License Agreement ("Agreement") is a legal contract between you (as defined below) and
Teradata (as defined below) regarding the Software (as defined below).  The terms "you",
"your" and "yours" collectively and individually refer to you as an individual and to any
company for which you are acting.  The term "Teradata" refers to either Teradata U.S., Inc.
for Software deliveries in the US or Teradata Ireland Ltd. for Software deliveries outside
the United States.  "Software" refers to the software product identified above, which
consists of computer software code in object code form only, as well as associated
documentation that Teradata may elect in its sole discretion to provide you.  "Software"
also includes any and all error corrections, bug fixes, updates, upgrades, or new versions
or releases of the Software (collectively and individually, "Enhancements") that Teradata
may elect in its sole discretion to provide you.

1.  Term.  This Agreement commences on the earliest date of the first download, first
    copying, first installation, or first use of the Software (the "Effective Date").
    Unless terminated earlier as provided herein, this agreement, including your license
    to the Software, will expire or terminate on the same date that your Teradata-authorized
    license to use the Teradata Analytics Platform product expires or terminates (whichever
    occurs first).

2.  License.

(a) Subject to your compliance with all of the terms and conditions of this Agreement
    and only during the term of this Agreement, Teradata grants you a nonexclusive,
    nontransferable, paid up license to install and use the Software on your computer
    solely for purposes of facilitating your Teradata-authorized license to use the
    Teradata Analytics Platform.  You may make reasonable archival backup copies of the
    Software, but may only use an archival copy in lieu of your primary copy and subject
    to the same restrictions as your primary copy.

(b) The term Third Party Software means computer programs or modules (including their
    documentation) that bear the logo, copyright and/or trademark of a third party
    (including open source software that are contained in files marked as "open source"
    or the like) or are otherwise subject to the written license terms of a third party.
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    licensed to you subject to the applicable license terms accompanying it, included
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    Third Party Software license terms include those found in the FOSS licensing zip file
    accompanying the Software.  Teradata provides source code to certain Third Party
    Software for certain periods of time in compliance with certain applicable licenses.
    To request such source code, visit http://developer.teradata.com/download/license/oss-request.

(c) You will not sell, copy, rent, loan, modify, transfer, disclose, embed, sublicense,
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    possibility of contractual waiver.  Notwithstanding anything to the contrary, you do
    not have any license, right, or authority to subject the Software, in whole or in part
    or as part of a larger work, to any terms of any other agreement, including GNU Public
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(d) No license rights to the Software will be implied.  The Software, which includes all
    copies thereof (whether in whole or in part), is and remains the exclusive property of
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    notices, as well as all other proprietary legends.  Teradata reserves the right to
    inspect your use of the Software for purposes of verifying your compliance with the
    terms and conditions of this Agreement.

3.  Responsibilities.  You are responsible for the installation of the Software, as
    well as for providing data security and backup operations.  This Agreement does not
    require Teradata to provide you with any Enhancements, consulting services, technical
    assistance, installation, training, support, or maintenance of any kind (collectively
    and individually, "Services").  To the extent that Teradata elects to provide you
    with any Services, such Services are provided to you at Teradata's sole discretion
    and may be modified or discontinued at any time for any reason.

4.  DISCLAIMER OF WARRANTY.  TERADATA: (a) PROVIDES SERVICES (IF ANY), (b) LICENSES THE
    SOFTWARE, AND (c) PROVIDES THIRD PARTY SOFTWARE TO YOU ON AN "AS-IS" BASIS WITHOUT
    WARRANTIES OF ANY KIND (ORAL OR WRITTEN, EXPRESS OR IMPLIED, OR STATUTORY). WITHOUT
    LIMITATION TO THE FOREGOING, THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY,
    FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  TERADATA DOES NOT WARRANT
    THAT THE SOFTWARE, THIRD PARTY SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS
    OR CONFORM TO ANY SPECIFICATIONS, OR THAT THE OPERATION OF THE SOFTWARE OR THIRD
    PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.  YOU BEAR THE ENTIRE RISK AS
    TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND RESULTS OBTAINED FROM THE
    SOFTWARE, THIRD PARTY SOFTWARE, AND SERVICES.

    SOME JURISDICTIONS RESTRICT DISCLAIMERS OF WARRANTY, SO THE ABOVE DISCLAIMERS MAY
    NOT FULLY APPLY TO YOU.

5.  LIMITATIONS ON LIABILITY: UNDER NO CIRCUMSTANCES WILL TERADATA'S AND ITS LICENSORS'
    TOTAL CUMULATIVE LIABILITY FOR CLAIMS RELATING TO THIS AGREEMENT, THE SERVICES,
    THE SOFTWARE, AND/OR THIRD PARTY SOFTWARE (WHETHER BASED IN CONTRACT, STATUTE,
    TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED US$1,000; PROVIDED, HOWEVER,
    THAT THE FOREGOING WILL NOT APPLY TO CLAIMS FOR (A) PERSONAL INJURY, INCLUDING
    DEATH, TO THE EXTENT CAUSED BY TERADATA'S NEGLIGENCE OR WILLFUL MISCONDUCT; OR
    (B) PHYSICAL DAMAGE TO TANGIBLE REAL OR PERSONAL PROPERTY TO THE EXTENT CAUSED
    BY TERADATA'S NEGLIGENCE OR WILLFUL MISCONDUCT EQUAL TO THE AMOUNT OF DIRECT
    DAMAGES UP TO ONE MILLION DOLLARS PER OCCURRENCE.  IN NO EVENT WILL TERADATA
    OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
    CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, TIME, OPPORTUNITY OR
    DATA, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

    SOME JURISDICTIONS RESTRICT LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY
    NOT FULLY APPLY TO YOU.

6.  Government Restrictions. You agree that you will not, directly or indirectly, export
    or transmit any Software without obtaining Teradata's prior written authorization,
    as well as appropriate governmental approvals, including those required by the
    U.S. Government. Use and or distribution of this software is subject to export laws
    and regulations of the United States and other jurisdictions. The links below connect
    you to applicable U.S. government agencies, and their regulations, that have
    jurisdiction over this transaction.
    http://www.bis.doc.gov/
    http://www.treas.gov/offices/enforcement/ofac/

    In downloading this product, you acknowledge that this transaction is subject to
    applicable export control laws and you certify that your download, use and/or subsequent
    distribution of this product is not prohibited under applicable laws and regulations.

    The Government's use, duplication, or disclosure of Teradata's commercial computer
    software and commercial computer software documentation is subject to: (a) the
    Restricted Rights Notice set forth in 48 C.F.R. 52.227-14 (Rights In Data - General);
    (b) Teradata's standard commercial license rights supplemented by 48 C.F.R. 52.227-19
    (Commercial Computer Software - Restricted Rights); and/or (c) the limited rights and
    license set forth 48 C.F.R. 252.227-7015 (Technical Data - Commercial Items), as applicable.

7.  Termination and Expiration. A party may terminate this Agreement with or without
    cause, upon providing written notice to the other parties.  When this Agreement
    terminates or expires, you will immediately cease all use of the Software, permanently
    remove the Software from all computers, destroy all copies of the Software, and (upon
    receipt of Teradata's request) provide a signed written certification that the
    foregoing has occurred. Sections 4, 5, 6, 7, 8, 9, 10, and 11 will survive expiration
    or termination of this Agreement.

8.  Choice of Law and Dispute Resolution. The parties will attempt in good faith to resolve
    any controversy or claim by negotiation or mediation.  If they are unable to do so, and
    regardless of the causes of action alleged and whether they arise under this Agreement
    or otherwise, the claim will be resolved by arbitration before a sole arbitrator in
    Dayton, Ohio pursuant to the then-current Commercial Rules of the American Arbitration
    Association and the federal substantive and procedural law of arbitration.  The
    arbitrator's award will be final and binding, and may be entered in any court having
    jurisdiction thereof, but may include only damages consistent with the limitations in
    this Agreement.  Each party will bear its own attorney's fees and costs related to the
    arbitration. The obligations to negotiate, mediate and arbitrate shall not apply to
    claims for misuse or infringement of a party's intellectual property rights.  Any
    claim or action must be brought within two years after the claimant knows or should
    have known of the claim.  New York law will govern the interpretation and enforcement
    of this Agreement, except that the Federal Arbitration Act will govern the
    interpretation and enforcement of the arbitrability of claims under this Section.

9.  Feedback.  Notwithstanding anything to the contrary: (a) Teradata will have no
    obligation of any kind with respect to any Software-related comments, suggestions,
    design changes or improvements that you elect to provide to Teradata in either verbal
    or written form (collectively, "Software Feedback"), and (b) Teradata and its
    affiliates are hereby free to use any ideas, concepts, know-how or techniques, in
    whole or in part, contained in Software Feedback: (i) for any purpose whatsoever,
    including developing, manufacturing, and/or marketing products and/or services
    incorporating Software Feedback in whole or in part, and (ii) without any
    restrictions or limitations, including requiring the payment of any license fees,
    royalties, or other consideration.

10. Confidentiality.  You will not disclose the results of any testing or evaluations,
    including any benchmarks, insofar as it relates to the Software without Teradata's
    prior written consent.

11. Entire Agreement. This Agreement constitutes the entire understanding of the parties
    with respect to the Software and Services, and supersede all other prior agreements
    and understandings whether oral or written.  No oral representation or change to this
    Agreement will be binding upon either party unless agreed to in writing and signed by
    authorized representatives of all parties. You will not assign this Agreement or your
    rights, nor will you delegate your obligations under this Agreement.  Failure by
    either party to enforce any term or condition of this Agreement will not be deemed
    a waiver of future enforcement of that or any other term or condition. The provisions
    of this Agreement are severable. "Include", "includes", and "including" shall be
    interpreted as introducing a list of examples which do not limit the generality of
    any preceding words or any words in the list of examples.