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TERMS OF USE



Last Updated: August 14, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION
PROVISION IN SECTION 16. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE
BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS
OR USE ANY OF THE SERVICES.

These Terms of Use (“Terms”) apply to your access to and use of the websites
(collectively, the “Site”) of Informatica LLC (“Informatica,” “we” or “us”) and
its affiliates, including the online services, content and materials made
available via the Site (together with the Site, the “Services”). By accessing or
using the Site You agree to be bound by all applicable Terms. These Terms do not
alter in any way the terms or conditions of any other agreement you may have
with Informatica that you may require in order to access Informatica products or
services.

We reserve the right to change or modify these Terms at any time and in our sole
discretion. If we make changes to these Terms, we will provide notice of such
changes by posting the revised Terms to the Site and updating the “Last Updated”
date above and/or by sending an email notification or posting additional notice
on the Site. Your continued use of the Services following our notice of the
amended Terms will confirm your acceptance of the amended Terms. If you do not
agree to the amended Terms, you may not continue accessing or using the
Services.

All questions or comments about the Services should be directed to
legalnotices@informatica.com.

1. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and
disclose information about users of our Services.

2. Eligibility

You represent and warrant that you (a) are at least 18 years old, (b) have not
been previously suspended from using the Services, and (c) have full power and
authority to enter into this agreement and that, in doing so, will not violate
any other agreement to which you are a party.

3. Account

In order to use certain features of the Services, you may be required to
register for an account. If you create an account via our Services, you agree
to: (i) provide accurate, current and complete information; (ii) maintain and
promptly update your account information to keep it accurate, current and
complete; (iii) maintain the security of your account; and (iv) promptly notify
us if you discover or otherwise suspect any security breaches related to your
account.

4. Copyright and Limited License

Unless otherwise indicated, the Services, including all content, video and other
materials on or made available via the Services, are the proprietary property of
Informatica and its licensors and are protected by U.S. and international
copyright laws.

You are granted a limited, non-transferable, non-exclusive, revocable license to
access and use the Services solely for your own personal or business purposes;
provided, however, that, unless otherwise expressly permitted via the Services,
you may not: (a) resell, lease, rent, or sublicense any Services or any access
to the Services; (b) distribute, publicly perform or publicly display any
Services; (c) modify or otherwise make any derivative uses of any Services; (d)
copy or download (other than page caching) any Services, except as expressly
permitted on the Services; or (e) use the Services other than for their intended
purposes. Except as explicitly stated herein, nothing in these Terms shall be
construed as conferring any license to intellectual property rights, whether by
estoppel, implication or otherwise.

5. Trademarks

“Informatica,” the Informatica logos, the look and feel of the Services, and any
other product or service name or slogan contained in the Services are
trademarks, service marks and/or trade dress of Informatica or our suppliers or
licensors and may not be copied, imitated or used, in whole or in part, without
the prior written authorization of Informatica or the applicable trademark
holder. A current list of Informatica trademarks is available on the web at
https://www.informatica.com/trademarks.html. Any authorized use of such
trademarks, service marks and/or trade dress must be in accordance with any
guidelines provided by Informatica.

6. User Content

The Services may include discussion forums, blogs, or other interactive features
or areas (collectively, “Interactive Areas”), in which you may create, post,
transmit or store any content on the Services, such as text, photos, video, or
graphics (“User Content”). You are solely responsible for any User Content you
create, post, transmit or store via the Services, and your use of the
Interactive Areas is at your own risk. You hereby grant Informatica a
non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display any User Content via the Services
and any other medium. You represent and warrant that you own and control all of
the rights, title and interest in and to any User Content or you otherwise have
all necessary rights and hereby do grant those rights to Informatica as mandated
in these Terms. You acknowledge that any User Content posted may be viewed by
the general public and that the Services, including any social networking
features, discussion boards, and other features of the Services, are for public
and not private communications.

You agree not to create, post, transmit or store via the Services any User
Content that:

(a) is unlawful, libelous, defamatory, obscene, pornographic, harassing,
threatening, abusive, inflammatory, fraudulent or otherwise objectionable;

(b) would constitute, encourage or provide instructions for a criminal offense,
violate the rights of any party or that would otherwise create liability or
violate any local, state, national or international law;

(c) displays, describes or encourages usage of any product we sell in a manner
that could be offensive, inappropriate or harmful to Informatica or any user;

(d) may violate the publicity, privacy or data protection rights of others,
including pictures or information about another individual where you have not
obtained such individual’s consent;

(e) makes false or misleading statements, claims or depictions about a person,
company, product or service;

(f) does not clearly and prominently disclose any material connections you may
have to Informatica or third-party brands or sellers (for example, if you
receive free products or services);

(g) may infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party;

(h) impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity;

(i) contains viruses, malware of any kind, corrupted data or other harmful,
disruptive or destructive files or code; or

(j) in the sole judgment of Informatica, restricts or inhibits any other person
from using or enjoying the Services or which may expose Informatica or its users
to any harm or liability of any type.

Informatica takes no responsibility and assumes no liability for any User
Content or for any loss or damage thereto. Enforcement of the Terms is solely in
our discretion and the absence of enforcement of these Terms in some instances
does not constitute a waiver of our right to enforce the Terms in other
instances. In addition, these Terms do not create any private right of action on
the part of any third party or any reasonable expectation or promise that the
Services will not contain any content that is prohibited by these Terms.

Although Informatica has no obligation to screen, edit or monitor any of the
User Content posted on the Services, Informatica reserves the right, and has
absolute discretion, to remove, screen or edit any User Content posted or stored
on the Services at any time and for any reason without notice, and you are
solely responsible for creating backup copies and replacing any User Content you
post or store on the Services at your sole cost and expense.

7. Feedback

You may submit questions, comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information, about the Services or
Informatica (“Feedback”). Informatica shall own, and you hereby assign to
Informatica, all right, title and interest, including all intellectual property
rights, in and to such Feedback and Informatica shall be entitled to the
unrestricted use and dissemination of any Feedback for any purpose, commercial
or otherwise, without acknowledgment or compensation to you. You agree to
execute any documentation required by Informatica (in our sole discretion) to
confirm such assignment to, and unrestricted use and dissemination by,
Informatica of any Feedback.

8. Automated Features

The Services may include features that operate with a level of autonomy and
deploy a large language model (LLM) generative pre-trained transformer (GPT) to
help provide you natural language responses, such as Informatica CLAIRE GPT
("Automated Features"). Automated Features are designed to improve Your
experience of the Services, including helping to generate responses to questions
posted to the Informatica Community and providing a virtual assistant for
authorized users of Intelligent Data Management Cloud. Automated Features may
incorporate functions of the Microsoft Azure Open AI Service, and your use of
the automated Services is subject to the Code of Conduct for the Azure Open AI
Service and the Azure Acceptable Use Policy for Online Services. You grant
Informatica the right to share your input prompts with the Azure Open AI Service
to provide the Automated Features and the right to use your input prompts to
improve the Automated Features, all subject to the Informatica Privacy Policy.

Automated Features are provided AS-IS without any express or implied warranties,
notwithstanding any agreement you may have with Informatica relating to the
Services. You are responsible for reviewing the output of the Automated Features
to ensure it is accurate for your needs. Automated Features may be updated or
changed at any time without liability to you. You may not use the Automated
Features in an AI System that is High Risk or equivalent, as those terms are
defined under applicable law, including not using the Automated Features for (i)
real-time and post biometric identification; (ii) safety components in the
management and operation of road traffic and the supply of water, gas, heating
and electricity; (iii) determining access to education and vocational training
or assessing students in the education or training; (iv) recruiting, selecting,
screening, filtering, or evaluating employment candidates or making decisions on
promotion, termination, allocating tasks, or evaluating performance; (v) use by
or on behalf of public authorities to evaluate eligibility for public benefits
and services, or use to evaluate creditworthiness or dispatch first response
services; (vi) certain law enforcement uses; (vii) certain migration, asylum,
and border control management uses; or (viii) assisting a judicial authority in
researching and applying law and facts.

9. User Conduct

You agree that you will not use the Services in violation of any law, contract
or intellectual property or other third party right. You further agree not to:

(a) Use the Services in any manner that could damage, disable, overburden or
impair the Services;

(b) Send unsolicited or unauthorized advertising, solicitations, promotional
materials, spam, junk mail, chain letters and pyramid schemes, or harvest or
collect email addresses or other contact information of other users from the
Services for the purposes of sending commercial emails or use the Services for
any other commercial purpose;

(c) Use any robot, spider, crawler, scraper or other automated means or
interface not provided by us to access the Services or to extract data;

(d) Introduce to the Services any virus, trojan worms, logic bombs or other
harmful material;

(e) Circumvent measures employed to prevent or limit access to any area, content
or feature of the Services;

(f) Use or attempt to use another’s account, or grant any third party any right
to access your account, without authorization from Informatica;

(g) Engage in any harassing, intimidating, predatory or stalking conduct;

(h) Develop any third-party applications that interact with User Content and the
Services; or

(i) “Frame” our Services or otherwise make it look like you have a relationship
to us or that we have endorsed you for any purpose without the prior written
permission of Informatica.

10. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other
applicable law, Informatica has adopted a policy of terminating, in appropriate
circumstances and at Informatica’s sole discretion, users or account holders who
are deemed to be repeat infringers. Informatica may also at its sole 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.

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

Name of Designated Agent:

Brad Lewis

Address:

2100 Seaport Boulevard
Redwood City, CA 94063

Telephone Number:

(650) 385-5000

Fax Number:

(650) 385-4424

E-Mail Address:

DMCA@informatica.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 may 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.

11. Third-Party Content

Informatica may provide third-party content on the Services, including sites,
applications, tools, platforms, services, advertisements and promotional offers,
and may provide links to Web pages and content of third parties (collectively
the “Third-Party Content”). Informatica does not control, endorse or adopt any
Third-Party Content and makes no representation or warranties of any kind
regarding the Third-Party Content, including without limitation regarding its
accuracy or completeness. You acknowledge and agree that Informatica is not
responsible or liable in any manner for any Third-Party Content, including any
loss or damage caused by or resulting from the use of or reliance on any
Third-Party Content, and undertakes no responsibility to update or review any
Third-Party Content. Your use of any Third-Party Content is at your own risk.
The inclusion of Third-Party Content on the Services does not imply affiliation,
endorsement or adoption by Informatica of any Third-Party Content or any
information contained therein. Your business dealings or correspondence with, or
participation in the promotional offers of, any third party responsible for
Third-Party Content, and any terms, conditions, warranties or representations
associated with such dealings or promotional offers, are solely between you and
such third party. Where the Services include certain embedded Third-Party
Content which is provided or controlled by a third party or 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 Third-Party Content or site to which you navigate
from the Services and only use the Third-Party Content if you agree to their
respective terms and policies.

12. Disclaimer

THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE
CONSTRUED AS LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE OR, UNLESS OTHERWISE
EXPRESSLY STATED, AS INFORMATICA’S OFFICIAL POSITION ON ANY SUBJECT MATTER.
INFORMATICA DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICES ARE AVAILABLE,
UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR (B) THE
SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY
USE OF THE SERVICES IS AT YOUR OWN RISK. YOU SHOULD USE INDUSTRY-RECOGNIZED
SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE SERVICES.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY INFORMATICA, THE
SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, AND,
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INFORMATICA DISCLAIMS ALL
STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.

13. Indemnification

You agree to defend, indemnify and hold harmless Informatica, our service
providers, suppliers and consultants, and our and their respective directors,
officers, employees and agents (collectively, “the Informatica Parties”) from
and against any claims, damages, costs, liabilities and expenses (including, but
not limited to, reasonable attorneys’ fees) arising out of or related to (a)
your use of the Services, (b) any User Content and Feedback you provide, (c)
your breach of any of these Terms, or (d) your violation of the rights of any
third party.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE
INFORMATICA PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF
DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING AS A RESULT OF
INFORMATICA’S NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES; AND (B) IN NO
EVENT SHALL THE AGGREGATE LIABILITY OF THE INFORMATICA PARTIES, WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF INFORMATICA’S ALLEGED
NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF
OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED
ANY COMPENSATION YOU PAY, IF ANY, TO INFORMATICA FOR ACCESS TO OR USE OF THE
SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT INFORMATICA HAS OFFERED THE SERVICES, SET THEIR
PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS
AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, AND THAT THE WARRANTY
DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL
BASIS OF THE BARGAIN BETWEEN YOU AND INFORMATICA. INFORMATICA WOULD NOT BE ABLE
TO PROVIDE THE SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE
LIMITATIONS.

15. No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, Informatica and
you only. These Terms are not intended to confer any right or benefit on any
third party or to create any obligations to any such third party.

16. Modifications to the Services

Informatica reserves the right to modify or discontinue, temporarily or
permanently, the Services or any features or portions thereof without prior
notice. You agree that Informatica will not be liable for any modification,
suspension or discontinuance of the Services or any part thereof.

17. Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO
ARBITRATE DISPUTES WITH INFORMATICA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK
RELIEF FROM INFORMATICA.

You and Informatica agree to arbitrate any dispute arising from these Terms or
your use of the Site, except that you and Informatica are not required to
arbitrate any dispute in which either party seeks equitable and other relief for
the alleged unlawful use of copyrights, trademarks, trade names, logos, trade
secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING
A JURY TRIAL.

You and Informatica agree that you will notify each other in writing of any
dispute within thirty (30) days of when it arises. Notice to Informatica shall
be sent to legalnotices@informatica.com. You and Informatica further agree: (a)
to attempt informal resolution prior to any demand for arbitration; (b) that any
arbitration will occur in San Mateo County, California; (c) that arbitration
will be conducted confidentially by a single arbitrator in accordance with the
rules of JAMS; and (d) that the state or federal courts in San Mateo, California
have exclusive jurisdiction over any appeals of an arbitration award and over
any suit between the parties not subject to arbitration. Other than class
procedures and remedies discussed below, the arbitrator has the authority to
grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE
IS HEARD IN ARBITRATION OR IN COURT, YOU AND INFORMATICA WILL NOT COMMENCE
AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE
ACTION OR PROCEEDING.

18. Governing Law; Forum

Any dispute between the parties regarding the subject matter of these Terms will
be governed by these Terms and the laws of the State of California and
applicable United States law, without giving effect to any conflict of laws
principles that may provide for the application of the law of another
jurisdiction. To the extent the arbitration provision in Section 16 does not
apply, you and Informatica agree that any action at law or in equity arising out
of or relating to the subject matter of these Terms will be filed only in the
state and federal courts located in San Mateo County, California.

19. Termination

Informatica reserves the right, without advance notice and in its sole
discretion, to limit or terminate your license to use the Services, and to block
or prevent your future access to and use of the Services.

20. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
and shall not affect the validity and enforceability of any remaining
provisions.

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