Support Terms For Users Without Subscription-Based Support

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IF YOU DO NOT HAVE A SUBSCRIPTION THAT INCLUDES THE RIGHT TO RECEIVE SUPPORT SERVICES, YOU AGREE THAT YOUR ACCESS AND USE OF ANY SUPPORT SERVICES MADE AVAILABLE TO YOU THROUGH THE ELASTIC CLOUD ACCOUNT (“ACCOUNT”) ARE SUBJECT TO THESE SUPPORT TERMS FOR USERS WITHOUT SUBSCRIPTION-BASED SUPPORT (“SUPPORT TERMS”). NOTWITHSTANDING THE FOREGOING, (I) IF YOU ARE USING YOUR ACCOUNT TO ACCESS PRODUCTS, SERVICES, CONTENT, AND/OR MATERIALS THAT ARE BEING MADE AVAILABLE TO YOU SPECIFICALLY PURSUANT TO AN AGREEMENT (“ELASTIC AGREEMENT”) BETWEEN ELASTIC OR ONE OF ITS AFFILIATES AND YOU OR AN ENTITY ON WHOSE BEHALF YOU ARE ACTING, THEN SUCH ELASTIC AGREEMENT WILL GOVERN YOUR USE OF THE APPLICABLE PRODUCT, SERVICE, CONTENT, AND/OR MATERIALS, AND (II) ANY ELASTIC AGREEMENT WHOSE TERMS ADDRESS THE SUBJECT MATTER COVERED BY THESE SUPPORT TERMS SHALL GOVERN THE PARTIES’ OBLIGATIONS IN LIEU OF THESE SUPPORT TERMS.

EFFECTIVE DATE: September 1, 2020

1. 1. USE OF SUPPORT SERVICES; REMEDIES.
   1. 1.1 Warranty Disclaimer; Limitation of Liability. Support services (“Support Services”) are provided to you solely at Elastic’s discretion and may be changed or discontinued at any time. The Support Services may be used for your internal purposes only, unless otherwise agreed in writing by Elastic. The Support Services are provided “AS IS” without warranty of any kind, and Elastic disclaims all warranties, indemnities, and all other liabilities for the Support Services.
   2. 1.2 Use Obligations. You are responsible for ensuring that you have sufficient English language and technical skills, and for ensuring that you respond to and cooperate with Elastic in a timely manner in connection to your requests for Support Services. As a precondition for requesting Support Services from Elastic, you agree to use reasonable efforts to: (i) attempt to solve the problem and to utilize sufficient resources to clearly understand that a problem exists before consulting Elastic; (ii) provide Elastic with sufficient information, materials, and technical data in order for Elastic to establish that a potential problem is not the kind of problem that is an exclusion from the Support Services; (iii) make reasonable attempts and expend reasonable resources to provide any data reasonably requested by Elastic to adequately address the potential problem; (iv) utilize sufficient resources to understand the instructions from Elastic in addressing the problem, and make reasonable attempts to correct the problem as suggested by Elastic. In addition, you agree and acknowledge that the extent of access and the accuracy of information and technical data provided may affect Elastic's ability to provide the Support Services.
   3. 1.3 Exclusions. Support Services do not cover (i) any changes, modifications, or damage to an Elastic product caused by you or anyone other than Elastic, (ii) any problems caused by your negligence, misconduct, or misuse of the Elastic product, or other causes beyond the reasonable control of Elastic, or (iii) any problems due to third party software. The Support Services do not cover the support of any third party software which integrates with an Elastic product. In addition, the Support Services do not include the following: (a) your failure to comply with operating instructions contained in the documentation; (b) installation, configuration, management and operation of your applications; (c) APIs, interfaces or data formats other than those included with an Elastic product; or (d) any training.
   4. 1.4 Restrictions. You agree not to use the Support Services (i) to supply any consulting, support or training services regarding an Elastic product to any third party or (ii) in connection with the development, deployment, enablement and/or maintenance of any non-Elastic software that competes with Elastic's software products. You also agree to use commercially reasonable efforts not to provide Elastic with, access to (or the means to access) Data relating to an identified or identifiable individual (“Personal Data”) (other than Personal Data relating to you that is obtained by Elastic in the ordinary course of maintaining its business relationship with you) in connection with your use of the Support Services.
   5. 1.5 Remedies. You agree that any knowing failure to comply with the terms of this Section 1 will be deemed a material breach of these Support Terms. In the event of (i) any failure to comply with this Section 1 or (ii) any determination by Elastic, in its sole discretion, that you are abusing or misusing the Support Services, Elastic may, without prejudice to any other remedies available hereunder, at law or in equity, suspend the provision of Support Services to you immediately upon written notice.
2. 2. CONFIDENTIALITY.
   1. 2.1 Confidential Information. You acknowledge that, in the course of accessing or receiving Support Services, you may obtain information relating to products (such as goods, services, and software) of Elastic, or relating to Elastic itself, which is of a confidential and proprietary nature (“Confidential Information”). Confidential Information includes materials and all communications concerning Elastic’s business and marketing strategies, including but not limited to employee and customer lists, customer profiles, project plans, design documents, product strategies and pricing data, research, advertising plans, leads and sources of supply, development activities, design and coding, interfaces with Elastic products, anything provided by Elastic to you in connection with Elastic products and/or Support Services provided under these Support Terms, including, without limitation, computer programs, technical drawings, algorithms, know-how, formulas, processes, ideas, inventions (whether patentable or not), schematics and other technical plans and other information of the parties which by its nature can be reasonably expected to be proprietary and confidential, whether it is presented in oral, printed, written, graphic or photographic or other tangible form (including information received, stored or transmitted electronically) even though specific designation as Confidential Information has not been made. Confidential Information also includes any notes, summaries, and analyses of the foregoing that are prepared by you.
   2. 2.2 Non-use and Non-disclosure. You shall at all times keep in trust and confidence all Confidential Information using commercially reasonable care (but in no event less than the same degree of care that you use to protect your own Confidential Information) and shall not use such Confidential Information other than as necessary to carry out its duties under these Support Terms, nor shall you disclose any such Confidential Information to third parties other than to your Affiliates or as necessary to carry out your duties under these Support Terms without Elastic’s prior written consent, provided that you may disclose Confidential Information to the extent that such disclosure is approved in writing by Elastic, or necessary to enforce your rights under these Support Terms.
   3. 2.3 Non-Applicability. The obligations of confidentiality shall not apply to information which (i) has entered the public domain or is otherwise publicly available, except where such entry or availability is the result of your breach of these Support Terms; (ii) prior to disclosure hereunder was already in your possession without restriction as evidenced by appropriate documentation; (iii) subsequent to disclosure hereunder is obtained by you on a non-confidential basis from a third party who has the right to disclose such information; or (iv) was developed by you without any use of any of the Confidential Information as evidenced by appropriate documentation.
   4. 2.4 Disclosure Required by Law. Notwithstanding anything to the contrary herein, you may disclose Confidential Information in order to comply with applicable law and/or an order from a court or other governmental body of competent jurisdiction, and, in connection with compliance with such an order only, if you: (i) unless prohibited by law, give Elastic prior written notice to such disclosure if the time between that order and such disclosure reasonably permits or, if time does not permit, give Elastic written notice of such disclosure promptly after complying with that order and (ii) fully cooperate with Elastic in seeking a protective order, or confidential treatment, or taking other measures to oppose or limit such disclosure. You must not release any more Confidential Information than is, in the opinion of your counsel, reasonably necessary to comply with an applicable order.