“Affiliates” means a corporation, partnership or other entity controlling, controlled by or under common control with such party, but only so long as such control continues to exist. For purposes of this definition, “control” means ownership, directly or indirectly, of greater than fifty percent (50%) of the voting rights in such entity (or, in the case of a noncorporate entity, equivalent rights).
“Capacity” means the measurement of usage of an Offering (e.g., aggregate daily volume of data indexed, specific source type rights, number of search and compute units, number of monitored accounts, virtual CPUs, user seats, use cases, storage capacity, etc.) that is purchased for an Offering, as set forth in the applicable Order. The Capacities for each of our Offerings can be found here: https://www.splunk.com/en_us/legal/licensed-capacity.html.
“CCPA” means the California Consumer Privacy Act of 2018.
“Confidential Information” means all nonpublic information disclosed by a party ("Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as “confidential” or that, given the nature of the information or circumstances surrounding its disclosure, should reasonably be understood to be confidential. Notwithstanding the foregoing, “Confidential Information” does not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
“Content Subscription” means the right of Customer to receive content applicable to an Offering (e.g., models, templates, searches, playbooks, rules and configurations, as described in the relevant Documentation) on a periodic basis over the applicable Term. Content Subscriptions are purchased as an add-on service and are identified in an Order.
“Customer Content” means any data that is ingested by or on behalf of you into an Offering from your internal data sources.
“Delivery” means the date of Splunk’s initial delivery of the license key for the applicable Offering or, for Hosted Services, the date Splunk makes the applicable Offering available to you for access and use.
“Digital Marketplace” means an online or electronic marketplace operated or controlled by a third party where Splunk has authorized the marketing and distribution of its Offerings.
“Documentation” means the online user guides, documentation and help and training materials published on Splunk’s website (such as at https://docs.splunk.com/Documentation) or accessible through the applicable Offering, as may be updated by Splunk from time to time.
“Enhancements” means any updates, upgrades, releases, fixes, enhancements, or modifications to a Purchased Offering made generally commercially available by Splunk to its customers under the terms and conditions in the Support Exhibit.
“Extension” means any separately downloadable or accessible suite, configuration file, add-on, technical add-on, plug-in, example module, command, function, playbook, content or application that extends the features or functionality of the applicable Offering.
“Fees” means the fees that are applicable to an Offering, as identified in the Order.
“GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data) as updated, amended or replaced from time to time.
“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as amended, and supplemented by the Health Information Technology for Economic and Clinical Health Act.
“Hosted Service” means a technology service hosted by or on behalf of Splunk and provided to you.
“Internal Business Purpose” means your use of an Offering for your own internal business operations, based on the analysis, monitoring or processing of your data from your systems, networks, and devices. Accordingly, Internal Business Purpose does not include monitoring or servicing the systems, networks and devices of third parties.
“ITAR Data” means information protected by the International Traffic in Arms Regulations.
“Nonprofit” means a U.S. Federal 501(c)(3), tax-exempt, nonprofit corporation or association (or other nonprofit entity organized in accordance with the laws of where your nonprofit entity is registered) that has qualified for a free, donated Offering in connection with a Splunk donation program.
“Offerings” means the products, services, and other offerings that Splunk makes generally available, including without limitation On-Premises Products, Hosted Services, Support Programs, Content Subscriptions and Configuration and Implementation Services.
“On-Premise Product” means the Splunk software that is delivered to you and deployed and operated by you or on your behalf on hardware designated by you, and any Enhancements made available to you by Splunk.
“Open Source Software” means software that is licensed under a license approved by the Open Source Initiative or similar freeware license, with terms requiring that such software code be (i) disclosed or distributed in source code or object code form, (ii) licensed for the purpose of making derivative works, and/or (iii) redistributed under the same license terms.
“Orders” means Splunk’s quote or ordering document (including online order form) accepted by you via your purchase order or other ordering document submitted to Splunk (directly or indirectly through an authorized reseller or Digital Marketplace) to order Offerings, which references the Offering, Capacity, pricing and other applicable terms set forth in an applicable Splunk quote or ordering document. Orders do not include the terms of any preprinted terms on your purchase order or other terms on a purchase order that are additional or inconsistent with the terms of these General Terms.
“PCI Data” means credit card information within the scope of the Payment Card Industry Data Security Standard.
“PHI Data” means any protected health data, as defined under HIPAA.
“Purchased Offerings” means the services, subscriptions and licenses to Offerings that are acquired by you under Orders, whether directly or through an authorized reseller or Digital Marketplace.
“Service Level Schedule” means a Splunk policy that applies to the availability and uptime of a Hosted Service and which, if applicable, offers service credits as set forth therein.
“Splunkbase” means Splunk’s online directory of or platform for Extensions, currently located at https://splunkbase.splunk.com and any and all successors, replacements, new versions, derivatives, updates and upgrades and any other similar platform(s) owned and/or controlled by Splunk.
“Splunk Developer Tool” means the standard application programming interface, configurations, software development kits, libraries, command line interface tools, other tooling (including scaffolding and data generation tools), integrated development environment plug-ins or extensions, code examples, tutorials, reference guides and other related materials identified and provided by Splunk to facilitate or enable the creation of Extensions or otherwise support interoperability between the software and your system or environment.
“Splunk Extensions” means Extensions made available through Splunkbase that are identified on Splunkbase as built by Splunk (and not by any third party).
“Support Programs” are the Support Programs offered by Splunk and identified here: https://www.splunk.com/en_us/customer-success/support-programs.html
“Term” means the duration of your subscription or license to the applicable Offering that starts and ends on the date listed on the applicable Order. If no start date is specified in an Order, the start date will be the Delivery date of the Offering.
“Third Party Content” means information, data, technology, or materials made available to you by any third party that you license and add to a Hosted Service or direct Splunk to install in connection with a Hosted Service. Third-Party Content includes but is not limited to, Third-Party Extensions, web-based or offline software applications, data service or content that are provided by third parties.
“Usage Data” means data generated from the usage, configuration, deployment, access, and performance of an Offering. For example, this may include such things as information about your operating environment, such as your network and systems architecture, or sessions, such as page loads and session views, duration, or interactions, errors, number of searches, source types and format (e.g., json, xml, csv), ingest volume, number of active and licensed users, or search concurrency. Usage Data does not include Customer Content.