Marketplace Product Terms
By purchasing a Marketplace Product, Customer authorizes Datadog to manage and process billing for Customer’s use of the Marketplace Product on behalf of the Marketplace Vendor. Datadog will issue an invoice to Customer based on the Marketplace Vendor’s assessment of Customer’s usage of the Marketplace Product. Customer agrees to make payment for all amounts due and agrees that any fees addressed in the Order between Customer and Datadog for the Services are not eligible for application toward Marketplace Products.
In the event of any dispute regarding amounts due or the Marketplace Products, Customer agrees to raise such disputes directly with the Marketplace Vendor and Customer hereby releases Datadog and its Affiliates from any claims, damages, obligations, losses, liabilities, and expenses arising thereof.
Marketplace Vendor Access to Data
Cessation of Offering or Use of Marketplace Products
Datadog or a Marketplace Vendor may remove a Marketplace Product from the Marketplace at any time. Datadog will endeavor, but is not required, to provide reasonable notice of such removal. In the event of such removal, Customer is responsible for discussing any future use, of and payment for, the Marketplace Product directly with the Marketplace Vendor.
In the event that Customer elects to, or is required to, cease use of a Marketplace Product for any reason, Customer agrees to immediately follow all relevant instructions from the Marketplace Vendor to decommission and/or uninstall the Marketplace Product. Datadog shall continue to invoice Customer for any period in which the Marketplace Vendor provides Datadog with Customer’s Marketplace Product usage data regardless of the status of any termination.
To the maximum extent permitted by law, use of the Marketplace and all products, information, software and services accessed through the Marketplace is provided by Datadog on an “as is” and “as available” basis with no warranties or guarantees whatsoever. Datadog expressly disclaims any and all responsibility or liability related to the Marketplace Products and the Marketplace Vendors’ processing of Customer Marketplace Data. Without limitation, Datadog makes no warranty or guarantee that the Marketplace or any Marketplace Products will: (a) meet Customer’s or any other person’s requirements; (b) operate without interruption; (c) achieve any intended result; (d) be error free; or (e) be secure, be compatible, work with or continue to work with any aspect of Customer’s environment or the Datadog Services.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL EITHER PARTY, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE USE OF MARKETPLACE AND/OR ANY MARKETPLACE PRODUCTS; AND (b) IN NO EVENT SHALL DATADOG’S CUMULATIVE AND AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID TO DATADOG BY THE MARKETPLACE VENDOR IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
U.S. Government Rights
The Marketplace is provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to the Marketplace. If you are using the Marketplace on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, you must immediately discontinue use of the Marketplace. The terms listed above are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.