Terms of Service

Online Purchase Agreement  

This Online Purchase Agreement (“Agreement”) applies to the sale of Instaclustr Services (the “Service”) by NetApp, Inc. and/or any of their Affiliates (collectively, “NetApp”) directly to a customer for its own use (“Customer” or “You”) through a NetApp website or Service application (each a “Site”), unless Customer has entered into a separate agreement with NetApp governing such sale. By ordering, accepting delivery, or using the Services or otherwise proceeding with any transaction with NetApp through the Site, Customer agrees to this Agreement. By clicking the mechanism designed to acknowledge agreement to these terms and conditions, Customer is indicating that it has read these terms and conditions, understands them, and agrees to be legally bound to them, on behalf of the company or other legal entity for which Customer is acting, and Customer represents and warrants that it has the right, power, and authority to act on behalf of and bind its company.  

  1. Terms of Service. The NetApp Cloud Terms of Service located at https://www.netapp.com/how-to-buy/sales-terms-and-conditions/.
  2. Open-Source Software License. In the event NetApp distributes or otherwise provides for Customer any software for which the original source code is made freely available to the public under a designated open source license which permits users to use, change, and improve the software, and to redistribute it in modified or unmodified form (“Open Source Software”) to Customer in furtherance of the delivery of the services associated with this Agreement, then such Open Source Software is subject to the terms of the applicable open source license. To the extent there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the applicable open-source licensee, the terms and conditions of the open-source license will prevail.
  3. Open-Source Contribution. Bug fixes, patches, and features developed for Open-Source Software (Open-Source Contribution), because of the services associated with this Agreement, may be released by NetApp to the Apache Software Foundation project or other relevant open-source projects at any time (an “Open-Source Software Contribution”). The parties agree that, despite any other provision in the Agreement, neither NetApp or Customer has any right (including IP Rights), title, or interest in the Open-Source Contribution.