Terms of Service for Community Cloud for Pixie

Welcome to New Relic! Before signing up to our terms below, we want to provide some additional context regarding our free service.

• Community Cloud for Pixie leverages the magical Pixie open-source Software, a New Relic-donated Cloud Native Computing Foundation project.
• Your New Relic Terms of Service do not govern your use of Community Cloud for Pixie, except where specifically noted in this Agreement.

This New Relic Terms of Service for Community Cloud for Pixie (" Agreement") is entered into by and between New Relic, Inc. (" New Relic") and the entity or person accessing the Community Cloud for Pixie Service (" Customer" or " you"). Certain capitalized terms are defined in Section 19 (Definitions) and others are defined contextually in this Agreement. If you are accessing or using the Community Cloud for Pixie Service on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to "Customer" or "you" reference your company.

The "Effective Date" of this Agreement is the date of Customer’s initial access to the Community Cloud for Pixie Service through any online provisioning, registration or order process. New Relic may modify this Agreement from time to time as permitted in Section 15 (Modifications to Agreement).

By indicating your acceptance of this Agreement or accessing or using the Community Cloud for Pixie Service, you are agreeing to be bound by the terms and conditions of this Agreement. Each party expressly agrees that this Agreement is legally binding upon it.

1. Community Cloud for Pixie Service. This Agreement governs use of New Relic’s proprietary Community Cloud for Pixie Service. Please make sure you understand how the Community Cloud for Pixie Service relates to other Pixie and New Relic offerings:

   a. Open Source Pixie. Pixie is available as open source software here. Customer’s use of the open source version of Pixie is subject to an open source license. Customer may use the open source version of Pixie separate from the Community Cloud for Pixie Service. This Agreement and not the open source license governs use of the Community Cloud for Pixie Service.

   b. New Relic One Service is on Separate Terms. The Community Cloud for Pixie Service is governed by terms that are separate from those that govern your use of New Relic One or New Relic’s other cloud services described here (" New Relic Services"). Use of the New Relic Services requires a separate agreement with New Relic (" Subscription Agreement"), while your use of Community Cloud for Pixie Service is governed by this Agreement.

2. Using the Community Cloud for Pixie Service.

2.1. Permitted Use. Subject to this Agreement, during the Term, Customer may access and use the Community Cloud for Pixie Service solely for its internal business purposes.

2.2 Usage Limits. In using the Community Cloud for Pixie Service, Customer must comply with the technical documentation or other instructions provided by New Relic from time to time (" Documentation"), as well as usage limits (if any) specified by New Relic.

2.3 Restrictions. As conditions on Customer’s rights in Section 2.1 (Permitted Use), Customer will not (and will not permit anyone else to) do any of the following: (a) provide access to, distribute, sell or sublicense the Community Cloud for Pixie Service to a third party, (b) use the Community Cloud for Pixie Service on behalf of, or to provide any product or service to, third parties, (c) use the Community Cloud for Pixie Service to develop a similar or competing product or service, (d) reverse engineer, decompile, disassemble or seek to access the source code, underlying ideas, algorithms, file formats or non-public APIs to the Community Cloud for Pixie Service, except to the extent expressly permitted by Law (and then only with prior notice to New Relic), (e) modify or create derivative works of the Community Cloud for Pixie Service, or copy any element of the Community Cloud for Pixie Service (other than authorized copies of any Community Cloud for Pixie Service software), (f) remove or obscure any proprietary notices in the Community Cloud for Pixie Service, (g) publish benchmarks or performance information about the Community Cloud for Pixie Service or (h) use the Community Cloud for Pixie Service in violation of the AUP. New Relic reserves the right, but not the obligation, to monitor or review your use of the Community Cloud for Pixie Service at any time and may investigate any suspected violations of this Agreement.

2.4 Service Level Availability. Except with respect to New Relic Pro and Enterprise subscription customers, New Relic makes no service level availability commitment for the Community Cloud for Pixie Services. For New Relic Pro and Enterprise subscription customers, except where Community Cloud for Pixie is used on more than 100 Nodes, New Relic will make the Community Cloud for Pixie Service available in accordance with the Documentation.

2.5 Support. Except with respect to New Relic Pro and Enterprise subscription customers, New Relic will provide support for Community Cloud for Pixie in accordance with the Documentation. New Relic Pro and Enterprise subscription customers should review their Subscription Agreement for applicable support commitments.

3. Feedback. If Customer provides New Relic with any comments, suggestions or other feedback regarding the Community Cloud for Pixie Service (" Feedback"), then New Relic may use such Feedback without restriction or obligation to Customer.

4. Confidentiality. " Confidential Information" means any technical or performance information about the Community Cloud for Pixie Service, all Feedback, this Agreement and any other information disclosed by New Relic that is marked as confidential or proprietary or that should reasonably be understood to be confidential or proprietary from the circumstances of disclosure. Confidential Information does not include any information that: (a) is or becomes generally known to the public; (b) was known to Customer before its disclosure by New Relic; or (c) is received from a third party, in each case without breach of an obligation owed to New Relic or anyone else. Customer will (i) maintain Confidential Information in confidence (using at least the same measures as for Customer's own confidential information, and no less than reasonable care) and not divulge it to any third party and (ii) only use Confidential Information to fulfill its obligations and exercise its rights under this Agreement. If Customer is compelled by Law to disclose Confidential Information, it must provide New Relic with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance if New Relic wishes to contest the disclosure. If Customer breaches or threatens to breach this Section 4, it could cause substantial harm for which damages are inadequate and New Relic will have the right to seek injunctive relief in addition to other remedies.

5. Fees. There are currently no fees due for use of the Community Cloud for Pixie Service in accordance with this Agreement during the Term. New Relic may introduce fees in the future pursuant to Section 15 (Modifications to Agreement).

6. Customer Data.

6.1 Use of Customer Data. Customer may query Customer Data through Community Cloud for Pixie using Pixie Language (PxL) scripts. As between the parties, Customer will retain any of its rights in the Customer Data provided to New Relic. Subject to the terms of this Agreement, Customer hereby grants to New Relic a non-exclusive, worldwide, royalty-free right to use and transmit Customer Data and to modify and create derivative works of the Customer Data (e.g., for dashboards, charts and graphs) to the extent necessary to provide the Community Cloud for Pixie Service. If the Community Cloud for Pixie Service includes cloud storage or extended retention, Customer additionally grants to New Relic the right to copy and store Customer Data to the extent necessary to provide the Community Cloud for Pixie Service, including for New Relic’s internal purposes such as product support and improvement.

6.2 Rights in Customer Data. Customer is solely responsible for the accuracy, content and legality of all Customer Data. Customer represents and warrants to New Relic that (a) Customer has made all disclosures and has sufficient rights to use the Customer Data with the Community Cloud for Pixie Service and grant the rights in Section 6.1 (Use of Customer Data) and (b) the provision and use of the Customer Data does not infringe or violate applicable laws or the intellectual property, publicity, privacy or other rights of any third party.

6.3 Prohibited Data. Customer acknowledges that (a) the Community Cloud for Pixie Service is not intended to meet any legal obligations for Prohibited Data uses, (b) with respect to the Community Cloud for Pixie, New Relic is not a Business Associate or a subcontractor (as defined under HIPAA), or payment card processor, and (c) Community Cloud for Pixie is neither HIPAA nor PCI DSS compliant. Notwithstanding anything else in this Agreement, New Relic has no liability for Prohibited Data. In accordance with the Subscription Agreement, Customer must not use Community Cloud for Pixie to send Prohibited Data to the New Relic Services.

6.4 Systems Operations Data. In order to provide its customers with the benefits of a multi-tenant cloud offering, New Relic may collect and process utilization statistics and other technical data (e.g. page load data) regarding use, configuration, and deployment of the Community Cloud for Pixie Service to operate, manage, improve, instrument, benchmark, and support the Community Cloud for Pixie Service; provided, New Relic will not disclose any information derived from such data if doing so would make it possible for a third party to identify Customer or any individual natural person.

7. User Data and Login Credentials. Your employees and contractors may use the Community Cloud for Pixie Service on your behalf (each, a " User"). Each User may be required to provide a username, email address, password or other personal information to create and manage an account (" Login Credentials") and must keep its Login Credentials confidential and not share them with anyone. New Relic uses and collects Login Credentials in accordance with the Community Cloud for Pixie Privacy Notice. Customer is responsible for its Users' compliance with this Agreement and the actions taken through their accounts. Customer will promptly notify New Relic if it becomes aware of any compromise of its Login Credentials.

8. Separate Platforms. Customer may choose to use the Community Cloud for Pixie Service with Separate Platforms, including the New Relic Services. Use of Separate Platforms is subject to Customer’s agreement with the relevant provider and not this Agreement. If Customer enables a Separate Platform with the Community Cloud for Pixie Service, New Relic may access and exchange Customer Data with the Separate Platform on Customer’s behalf. New Relic does not control and has no liability for Separate Platforms, including their security, functionality, operation, availability or interoperability or how the Separate Platforms or their providers use Customer Data (unless agreed in the Subscription Agreement for the New Relic Services themselves).

9. Ownership. Customer agrees that New Relic or its suppliers retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Community Cloud for Pixie Service and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing, including as may incorporate Feedback. As set forth in Section 6.4 (Systems Operations Data) In addition to its other rights, New Relic may collect technical logs, data and learnings about Customer’s use of the Community Cloud for Pixie Service, which New Relic may use without restriction. Except as expressly set forth in this Agreement, no rights in the Community Cloud for Pixie Service, the New Relic Services, or any New Relic technology are granted to Customer.

10. Termination and Suspension. This Agreement will start on the Effective Date and will terminate upon either party's notice to the other of termination of this Agreement (with or without cause) (" Term"). New Relic may also suspend this Agreement or Customer's use of the Community Cloud for Pixie Service for no reason or any reason upon notice to Customer. Upon termination, Customer must cease using the Community Cloud for Pixie Service by deleting (1) any integration with other systems, such as New Relic Services, and (2) Pixie open source software from your cluster(s). Further, at New Relic's request, return or destroy (and certify destruction of) any Documentation or other Confidential Information provided by New Relic. After termination, Customer will have no further access to any Customer Data if any is stored by New Relic, and New Relic may delete all such Customer Data in accordance with its standard policies and procedures. New Relic will not have any liability resulting from termination or suspension of this Agreement in accordance with its terms. Sections 2.3 (Restrictions), 3 (Feedback), 4 (Confidentiality), 6 (Customer Data), 8 (Separate Platforms) (with respect to disclaimers), 9 (Ownership), 10 (Termination and Suspension), 11 (Disclaimers), 12 (Limitations of Liability), 17 (Export Restrictions), 18 (General) and 19 (Definitions) will survive termination of this Agreement.

11. Disclaimers. The Community Cloud for Pixie Service is provided "AS IS" and "AS AVAILABLE", and use is at Customer's sole discretion and risk. EXCEPT AS EXPLICITLY SET FORTH IN SECTIONS 2.4 (SERVICE LEVEL AGREEMENT) AND 2.5 (SUPPORT), NEW RELIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE Community Cloud for Pixie SERVICE OR THEIR USE. NEW RELIC HAS NO WARRANTY, SUPPORT, MAINTENANCE, STORAGE, SERVICE LEVEL, SECURITY OR INDEMNITY OBLIGATIONS FOR THE Community Cloud for Pixie SERVICE OR OTHERWISE UNDER THIS AGREEMENT.

12. Limitations of Liability.NEW RELIC WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY RELATED TO THE Community Cloud for Pixie SERVICE OR THEIR USE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY. IF THE FOREGOING DISCLAIMER OF DIRECT DAMAGES IS NOT ENFORCEABLE AT LAW, NEW RELIC'S ENTIRE AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO FIFTY U.S. DOLLARS (US $50). THESE LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Indemnification. Customer shall indemnify, defend and hold harmless New Relic from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with (a) Customer's use of the Community Cloud for Pixie Service, (b) Customer's breach of this Agreement, and (c) any Customer Data. New Relic may participate in the defense and settlement of any claim with its own counsel and at its own expense. Customer may not settle a claim without New Relic's prior written consent (not to be unreasonably withheld).

14. Third-Party Open Source. New Relic may provide software through the Service that may be governed by a third party open source license. To the extent required by the applicable open source license, that license will apply to such on a stand-alone basis instead of this Agreement.

15. Modifications to Agreement. New Relic may modify this Agreement from time to time. New Relic will use reasonable efforts to notify Customer of modifications as provided in Section 16 (Notices). Customer may be required to click through the modified Agreement to show its acceptance and in any event Customer's continued use of the Community Cloud for Pixie Service after the modification constitutes Customer's acceptance to the modifications. If Customer does not agree to the modified Agreement, Customer's sole remedy is to terminate its use of the Community Pixie Service as described in Section 10 (Termination and Suspension).

16. Notices. New Relic may provide Customer with notices and communications at Customer's email or physical address on file, through the Community Cloud for Pixie Service or other reasonable means. Any notices or communications to New Relic must be sent to 188 Spear Street, Suite 1000, San Francisco, CA 94105.

17. Export Restrictions. Customer agrees to comply with all relevant U.S. and foreign export and import Laws in using the Community Cloud for Pixie Service. Customer (a) represents and warrants that it is not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, (b) agrees not to access or use the Community Cloud for Pixie Service in violation of any U.S. export embargo, prohibition or restriction and (c) will not submit to the Community Pixie Service any information controlled under the U.S. International Traffic in Arms Regulations.

18. General. This Agreement is the parties' entire agreement and supersede any prior or contemporaneous agreements relating to its subject matter. Except as otherwise provided herein, all amendments or modifications must be in writing and signed by both parties. The words "including" and similar terms are to be construed without limitation. Failure to enforce any provision is not a waiver and all waivers must be in writing. If any provision is found to be unenforceable it (and related provisions) will be interpreted to best accomplish its intended purpose. Customer may not assign, transfer or delegate any right or obligations under this Agreement and any non-permitted assignment is void. New Relic may assign this Agreement and its rights and obligations to any of its affiliates or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities to which this Agreement relates. This Agreement will be governed by and construed under the laws of the State of California, as applied to agreements entered into and to be performed in California by California residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving San Francisco, California. New Relic will not be liable to Customer for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to unforeseen events that are beyond its reasonable control. The Community Cloud for Pixie Service includes commercial computer software. If the user or licensee of such technology is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure or transfer of such technology, or any related documentation of any kind, including technical data and manuals, is restricted by this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Community Cloud for Pixie Service were developed fully at private expense. All other use is prohibited.

19. Definitions.

" AUP" means the Community Cloud for Pixie Acceptable Use Policy, the current version of which is available here.

" Law" means all relevant local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer, international communications and export of technical or personal data.

" Community Cloud for Pixie Service" means New Relic's proprietary cloud deployment of Pixie. The Community Cloud for Pixie Service includes the Documentation but not Separate Platforms.

" Customer Data" means any data, content or materials that Customer submits to the Community Cloud for Pixie Service.

" Privacy Notice" means the privacy notice for the Pixie Cloud Service, the current version of which is available here.

" Nodes" means a single device or computing unit or machine in a larger network.

" Prohibited Data" means any (a) special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation, (b) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) (" HIPAA"), (c) credit, debit or other payment card data or financial account information, including bank account numbers, (d) credentials granting access to an online account (e.g., username plus password), (e) social security numbers, driver's license numbers or other government ID numbers, (f) other information subject to regulation or protection under specific Laws such as the Children's Online Privacy Protection Act or Gramm-Leach-Bliley Act (or related rules or regulations) or (g) any data similar to the above protected under foreign or domestic Laws.

" Separate Platform" means any platform, add-on, service or product not provided by New Relic as part of the Community Cloud for Pixie Service and that Customer elects to integrate or enable for use with the Community Cloud for Pixie Service.

Prior Terms of Service Versions

January 5, 2021