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Last Updated January 25, 2021

Confluent Subscription Agreement

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PLEASE READ THIS SUBSCRIPTION AGREEMENT BEFORE USING ANY CONFLUENT PRODUCTS (“PRODUCTS”  MEANS THE CONFLUENT SOFTWARE, SUPPORT SERVICES AND SERVICES). BY CLICKING ON THE CHECKBOX  OR DOWNLOAD BUTTON THAT DEMONSTRATES ACCEPTANCE OF THIS AGREEMENT, OR BY USING ANY  CONFLUENT PRODUCTS, CUSTOMER SIGNIFIES ITS ASSENT TO THIS AGREEMENT. IF YOU ARE ACTING ON  BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS  AGREEMENT ON BEHALF OF THAT ENTITY. IF CUSTOMER DOES NOT ACCEPT THE TERMS OF THIS  AGREEMENT, THEN IT MUST NOT PURCHASE OR USE THE CONFLUENT PRODUCTS. 

This Subscription Agreement (“Agreement”) is entered into by and between Confluent, Inc. (“Confluent”) and  the purchaser or user of the Confluent Products that accepts the terms of this Agreement (“Customer”). The  effective date of this Agreement (“Effective Date”) is the date that Customer enters into an Order with either  Confluent or a Confluent-authorized reseller (“Reseller”), or commences use of any of the Products. 

1. Subscription, License and Support. 

1.1 Abonnement. Customer’s subscription includes Support Services for the Confluent Platform and a license  to Confluent Software, as defined below and as described in the applicable ordering document (“Order”)  with Confluent, or, for Orders placed through Resellers, as described in the attached Product Definitions and  Rules. “Confluent Platform” is Confluent’s distribution of Apache KafkaTM together with Confluent Software. 

1.2 License Terms. Subject to the terms of this Agreement and the applicable Order, Confluent grants to  Customer a limited, non-exclusive, non-sublicensable, non-transferable license during the applicable Term to  install and use Confluent’s proprietary software (“Confluent Software”) solely for Customer’s internal  business operations. Customer may permit its third-party service providers to install and use the Confluent  Software to provide outsourced services to Customer, and Customer will be solely responsible for such  service provider’s compliance with this Agreement. 

1.3 Additional Restrictions on Use. Customer shall not, and shall not permit or encourage any third party to:  (a) use the Confluent Software for third-party training, software-as-a-service, time-sharing or service bureau  use or (b) disassemble, decompile or reverse engineer any portions of the Confluent Software that are not  provided in source code format, or otherwise attempt to gain access to the source code to such Confluent  Software (or the underlying ideas, algorithms, structure or organization of the object code in the Confluent  Software). The foregoing restriction is inapplicable to the extent prohibited by applicable law; provided that,  in the event that Customer intends to disassemble, decompile or reverse engineer the Confluent Software,  Customer shall first provide Confluent with written notice thereof. 

1.4 Copies. Section 1.1 includes the right for Customer to make copies of the Confluent Software as necessary  to exercise the licenses granted in Section 1.1, and a reasonable number of back-up or archival copies,  provided that each such copy shall include Confluent’s copyright and any other proprietary notices that  appear on the original copies of the Confluent Software.

1.5 Ownership. Customer acknowledges that Confluent or its licensors retain all proprietary rights, title and  interest, including all intellectual property rights, in and to the Confluent Software and any changes,  corrections, bug fixes, enhancements, updates and other modifications thereto (collectively,  Modifications”), and as between the parties all such rights shall vest in Confluent. Customer acknowledges  that the licenses granted in Section 1.1 do not include the right to prepare any Modifications of the Confluent  Software. 

1.6 Confluent Audit Rights. Confluent reserves the right, upon prior notice to Customer, to audit usage of the  Confluent Software at Customer’s premises (and at the premises of or via virtual access to Customer’s  hosting providers) during normal business hours to verify Customer’s compliance with the terms of this  Agreement. If Confluent determines as a result of such audit that any fees are due from Customer to  Confluent under the terms of this Agreement, Customer shall immediately pay such amounts due along with  interest in an amount equal to one and one-half percent (1.5%) of the underpayment per month, or at the  highest interest rate permitted by applicable law, whichever is less, calculated monthly from the date the  underpayment was due until the date payment is made; and if such amount exceeds five percent (5%) of the  cumulative fees previously paid under this Agreement, Customer shall reimburse Confluent for the  reasonable cost of such audit. 

1.7 Reservation of Rights. Confluent reserves all rights not expressly granted in this Agreement. No rights are  granted by implication. 

1.8 Delivery of Materials. The Confluent Software, and any versions, updates or maintenance releases of any  component thereof, will be delivered only through an electronic transfer. The parties shall reasonably  cooperate to effectuate such delivery via FTP or other reasonable means. 

1.9 Subscription Support Services. Confluent will provide the support and maintenance services Customer  purchases as specified in the applicable Order (“Support Services”). 

2. Training Services and Advisory Services 

2.1 Supplemental Terms. Customer’s Order may include training services (“Training Services”) or advisory  services (“Advisory Services”). Collectively, the Training Services and Advisory Services are called the  “Services”. Confluent will provide Customer with the Advisory Services and/or Training Services purchased  under an Order in accordance with the Order and the Supplemental Terms for Services Engagements posted  bei https://www.confluent.io/supplemental-services-terms, which are hereby incorporated by reference. All  Advisory and/or Training Services must be scheduled within one year of the Order effective date. 

3. Fees, Taxes and Payment Terms. 

3.1 Indirect Orders. Sections 3.2 to 3.4 apply only to Orders placed directly with Confluent. If Customer  purchases through a Reseller, Customer will pay Reseller for such purchase and different terms may apply. 

3.2 Fees. Customer shall pay Confluent the fees in the amount set forth in the applicable Order (“Fees”) in  accordance with the terms set forth therein. 

3.3 Payment Terms. Except as otherwise set forth in the applicable Order, all amounts payable to Confluent  under this Agreement will be due within thirty (30) days from the date of an invoice. 

 

3.4 Taxes. Customer shall, in addition to the other amounts payable under this Agreement, pay all applicable  customs, duties, sales, use, value added, withholding, or other taxes, federal, state or otherwise, however  designated, which are levied or imposed by reason of the transactions contemplated by this Agreement,  excluding only taxes based on Confluent’s net income. If Customer is compelled to make a deduction or set off for any such taxes, it will pay to Confluent such additional amounts as are necessary to ensure receipt by Confluent of the full amount Confluent would have received but for the deduction. 

4. Confidentiality 

4.1 Nondisclosure. Each party shall retain in confidence the non-public information and know-how disclosed  or made available by the other party pursuant to this Agreement which is either designated in writing as  proprietary and/or confidential, if disclosed in writing, or if disclosed orally, is designated in writing (which  may be via email) as confidential within thirty (30) days of the oral disclosure or should reasonably be  understood to be confidential by the recipient (“Confidential Information”); provided, however that  Modifications will be the Confidential Information of Confluent and not Customer. The Confluent Software,  and the terms and conditions of this Agreement shall be Confluent’s Confidential Information regardless of  whether marked as such. Each party agrees to: (a) maintain the confidentiality of the other party’s  Confidential Information; (b) refrain from using the other party’s Confidential Information except for the  purpose of performing its obligations under this Agreement; and (c) not disclose such Confidential  Information to any third party except to employees and subcontractors as is reasonably required in  connection with the exercise of its rights and obligations under this Agreement (and only subject to binding  written use and disclosure restrictions at least as protective as those set forth herein which the receiving  party agrees to enforce)). Each party shall immediately notify the other party of any unauthorized disclosure  or use of any Confidential Information and assist the other party in remedying such unauthorized use or  disclosure by taking such steps as are reasonably requested by such other party. The foregoing obligations  will not apply to Confidential Information of the other party which is: (i) already publicly known without  breach of this Agreement; (ii) discovered or created by the receiving party without use of, or reference to,  the Confidential Information of the disclosing party, as shown in records of the receiving party; (iii) otherwise  known to the receiving party through no wrongful conduct of the receiving party, or (iv) required to be  disclosed by law or court order; provided that the receiving party shall provide prompt notice thereof and  reasonable assistance to the disclosing party to enable the disclosing party to seek a protective order or  otherwise prevent or restrict such disclosure. Moreover, either party hereto may disclose any Confidential  Information hereunder to such party’s agents, attorneys and other representatives (and only subject to  confidentiality obligations at least as protective as those set forth herein which the receiving party agrees to  enforce) or any court of competent jurisdiction as reasonably required to resolve any dispute between the  parties hereto. 

4.2 Remedies. Each party acknowledges that any breach or threatened breach of this Section may cause  irreparable injury to the disclosing party and that, in addition to any other remedies that may be available, in  law, in equity or otherwise, the disclosing party shall be entitled to seek injunctive relief against the  threatened breach of this Agreement or the continuation of any such breach by the receiving party, without  the necessity of proving actual damages or posting any bond, in addition to any other rights or remedies  provided by law. 

5. Warranty. 

5.1 Warranties. Confluent warrants to Customer that (i) it shall perform Support Services in a professional  manner, employing a standard of care, skill and diligence consistent with industry standards, and (ii) for a  period of thirty (30) days after the first delivery of the Confluent Software by Confluent to Customer, the 

Confluent Software in the form delivered by Confluent to Customer, will perform substantially in accordance  with the written documentation therefor. This limited warranty shall not apply if the Confluent Software has  been altered or modified or used, adjusted, installed or operated other than in accordance with this  Agreement or the instructions furnished by Confluent. 

5.2 Exclusive Remedies. Confluent’s sole liability and Customer’s exclusive remedies under the warranties set forth above will be to correct any failure of the Confluent Software to conform to its written  documentation or to re-perform the Support Services in accordance with the requirements stated in the  Support Services policy, as applicable.. This warranty will not apply unless Customer notifies Confluent of the  nonconformity within thirty (30) days of the date on which Customer first became aware of such  nonconformity. 

5.3 Disclaimer of Any Other Warranties. EXCEPT FOR THE EXPRESS, LIMITED WARRANTIES PROVIDED IN THIS  AGREEMENT, CONFLUENT MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH  RESPECT TO THE CONFLUENT SOFTWARE OR ANY OTHER MATERIALS, SUPPORT SERVICES, OR SERVICES  PROVIDED HEREUNDER. CONFLUENT SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND  IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,  FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT AND THOSE ARISING FROM A COURSE OF  DEALING OR USAGE OR TRADE, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST  EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE CONFLUENT SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 

6. Infringement Indemnification. Confluent shall defend Customer from and against any claim, demand or  lawsuit brought against Customer by a third party alleging that the Confluent Platform or Services Materials, as provided to Customer by Confluent and used pursuant to this Agreement, infringes such third party’s intellectual property rights, and will pay such damages or costs as are finally awarded against Customer  attributable to such action, provided that Customer: (a) notifies Confluent promptly in writing of any such  action; (b) gives Confluent sole control of the defense or settlement of such action; and (c) gives Confluent all  reasonable information and assistance, at Confluent’s expense. Should the Confluent Platform or Services  Materials become, or in the opinion of Confluent be likely to become, the subject of such an infringement  claim, Confluent may, at its option: (i) procure for Customer the right to use the allegedly infringing element  of the Confluent Platform or Services Materials, as applicable, at no charge to Customer; (ii) replace or  modify, in whole or in part, the Confluent Platform or the Services Materials, as applicable, to make it non infringing; or (iii) accept return of the Confluent Platform, or remove the allegedly offending element thereof,  and, refund a pro rata portion of the Fees paid by Customer for the then-current Term. Confluent assumes no  liability hereunder for any claim of infringement if such claim is based on: (a) use of software other than a  current unaltered release of the Confluent Platform, as provided by Confluent to Customer; (b) the  combination, operation or use of the Confluent Platform, with non-Confluent programs or hardware, if the  claim would not have arisen but for such combination, operation or use; (c) any alteration or modification of  the Confluent Platform by a party other than Confluent, (d) the public open source versions of Apache Kafka  or any other Third Party Software, or (e) use of the Confluent Platform, or any component thereof, other  than in accordance with and pursuant to this Agreement. THIS SECTION SETS FORTH CONFLUENT’S ENTIRE  LIABILITY AND OBLIGATION AND CUSTOMER’S SOLE REMEDY FOR ANY CLAIM OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS.

7. Limitation of Liability. Except for breaches of sections 1.2 or 1.3, breaches of section 4, and  indemnification obligations:

(A) IN NO EVENT SHALL EITHER PARTY’S LIABILITY ARISING UNDER THIS AGREEMENT EXCEED THE AMOUNT  PAID OR PAYABLE BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT  GIVING RISE TO SUCH LIABILITY, AND 

(B) NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL,  INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OR FOR LOST PROFITS, BUSINESS, CONTRACTS, REVENUE,  GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, OR LOSS OF DATA, , OR FOR ANY CLAIM OR DEMAND BY  ANY OTHER PARTY, HOWEVER CAUSED AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF  SUCH DAMAGES. 

THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY  LIMITED REMEDY. 

8. Term and Termination. 

8.1 Term. Unless earlier terminated as provided in this Section 8 or specified in an Order, this Agreement and  the licenses granted hereunder shall be effective as of the Effective Date and will continue until the  expiration or termination of the Term specified in the Order (“Initial Term”). If no term is specified in the  Order for a Subscription, the Initial Term for Subscription will be twelve (12) months. The Initial Term for the  Subscription will automatically renew for periods of twelve (12) months at Confluent’s then-current pricing  unless either party provides written notice of its intention not to renew to the other party at least sixty (60)  days prior to expiration of the current Term (each a “Renewal Term,” and collectively together with the Initial  Term, the “Term”). 

8.2 Termination. Either party shall have the right to terminate this Agreement and the license granted herein  upon written notice in the event the other party fails to perform or observe any material term or condition of  this Agreement and such default has not been cured no later than thirty (30) days after written notice of such  

default to the other party. Confluent may also terminate this Agreement immediately if the Customer: (a)  terminates or suspends its business; (b) becomes subject to any bankruptcy or insolvency proceeding under  Federal or state statute; (c) becomes insolvent or subject to direct control by a trustee, receiver or similar  authority; or (d) has wound up or liquidated, voluntarily or otherwise. 

8.3 Effect of Termination. The provisions of this Agreement that by their nature extend beyond the  termination of this Agreement shall survive termination. 

9. Relationship of the Parties. Confluent and Customer agree that in rendering all Services hereunder,  Confluent and any person employed by Confluent to perform the Services shall act (and be considered for all  purposes) as an independent contractor of Customer, and not as an employee or agent of Customer. Nothing  contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise  between the parties. Each party may identify the other as a customer or supplier, as applicable 

10. Miscellaneous. 

10.1 Assignment. Customer shall not assign or otherwise transfer this Agreement or any rights or obligations  hereunder, in whole or in part, whether by operation of law or otherwise, to any third party without  Confluent’s prior written consent. Any purported transfer, assignment or delegation without such prior  written consent will be null and void and of no force or effect. Notwithstanding the foregoing, Customer shall  have the right to assign this Agreement to any successor to its business or assets to which this Agreement 

relates, whether by merger, sale of assets, sale of stock, reorganization or otherwise, conditioned upon (a)  the parties’ mutual written agreement on any additional fees payable as a result of such assignment and (b)  the payment of such fees. Confluent shall have the right to assign this Agreement to any successor to its  business or assets to which this Agreement relates, whether by merger, sale of assets, sale of stock,  reorganization or otherwise. Subject to this Section, this Agreement shall be binding upon and inure to the  benefit of the parties hereto, and their respective successors and permitted assigns. 

10.2 Entire Agreement; Modification; Waiver. This Agreement, together with the applicable Order,  represents the entire agreement between the parties, and supersedes all prior agreements and  understandings, written or oral, with respect to the matters covered by this Agreement, and is not intended  to confer upon any third party any rights or remedies hereunder. Customer acknowledges that it has not  entered in this Agreement based on any representations other than those contained herein. No modification  of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective  unless in writing and signed by both parties If there is any conflict between the terms and conditions of this  Agreement and the terms and conditions of any Customer purchase order or other document, the terms and  conditions of this Agreement shall prevail. Any different or additional terms of any related purchase order or  confirmation even if signed by the parties after the date hereof shall have no force or effect. The waiver of  one breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent  breach or default. 

10.3 Third Party Software. Confluent also makes available certain third party open source software as  identified in the applicable help, notices, about or source files (“Third Party Software”). The Third Party  Software shall be subject to the applicable open source license(s) and not this Agreement, and is provided by  Confluent at no charge. Confluent makes no warranties, express or impliedwith respect to any Third Party  Software. To the extent the terms of open source licenses applicable to Third Party Software prohibit any of  the restrictions in this Agreement, such restrictions will not apply to such Third Party Software. To the extent  the terms of open source licenses applicable to Third Party Software require Confluent to make an offer to  provide source code or related information in connection with the Third Party Software, such offer is made. 

10.4. Usage Data. Confluent may from time to time use and process data about Customer’s use of the Confluent  Platform for the purposes of creating statistics and analytics data and providing proactive support. Confluent  may use such data for its own business purposes, including to maintain and improve the Confluent Platform  and other services and to monitor and analyse its activities in connection with the performance of such  services. Customer acknowledges that certain features of the Confluent Software Platform may be configured  to collect and report telemetry data to Confluent as more particularly described in More Information Regarding  Confluent Data Collection bei https://www.confluent.io/moreinformation/. Customer may choose to enable or  disable transmission of this data to Confluent at any time.  

10.5 Delays. In the event that either party is prevented from performing or is unable to perform any of its  obligations under this Agreement (other than any payment obligation) due to any Act of God, fire, casualty,  flood, earthquake, war, strike, lockout, epidemic, destruction of production facilities, riot, insurrection,  material unavailability, or any other cause beyond the reasonable control of the party invoking this Section,  and if such party shall have used its commercially reasonable efforts to mitigate its effects, such party shall  give prompt written notice to the other party, and the time for the performance shall be extended for the  period of delay or inability to perform due to such occurrences. 

10.6 Governing Law. This Agreement shall in all respects be governed by the laws of the State of California  without reference to its principles of conflicts of laws. The parties hereby agree that all disputes arising out of  this Agreement shall be subject to the exclusive jurisdiction of and venue in the federal and state courts 

within Santa Clara County, California. Customer hereby consents to the personal and exclusive jurisdiction  and venue of these courts. The parties hereby disclaim and exclude the application hereto of the United  Nations Convention on Contracts for the International Sale of Goods. 

10.7 Severability. If any provision of this Agreement is held invalid or unenforceable under applicable law by a court of competent jurisdiction, it shall be replaced with the valid provision that most closely reflects the  intent of the parties and the remaining provisions of the Agreement will remain in full force and effect. 

10.8 Notices. All notices permitted or required under this Agreement shall be in writing and shall be deemed  to have been given when delivered in person (including by overnight courier), or three (3) business days after  being mailed by first class, registered or certified mail, postage prepaid, to the address of the party specified  in this Agreement or such other address as either party may specify in writing. 

10.9 U.S. Government Restricted Rights. If Confluent Software is being licensed by the U.S. Government, the  Confluent Software is deemed to be “commercial computer software” and “commercial computer  documentation” developed exclusively at private expense, and (a) if acquired by or on behalf of a civilian  agency, shall be subject solely to the terms of this computer software license as specified in 48 C.F.R. 12.212  of the Federal Acquisition Regulations and its successors; and (b) if acquired by or on behalf of units of the  Department of Defense (“DOD”) shall be subject to the terms of this commercial computer software license  as specified in 48 C.F.R. 227.7202-2, DOD FAR Supplement and its successors. 

10.10 Export Law Assurances. Customer understands that the Confluent Software is subject to export control  laws and regulations. CUSTOMER MAY NOT DOWNLOAD OR OTHERWISE EXPORT OR RE-EXPORT THE  CONFLUENT SOFTWARE OR ANY UNDERLYING INFORMATION OR TECHNOLOGY EXCEPT IN FULL  COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS, IN PARTICULAR, BUT WITHOUT LIMITATION,  UNITED STATES EXPORT CONTROL LAWS. NONE OF THE CONFLUENT SOFTWARE OR ANY UNDERLYING  INFORMATION OR TECHNOLOGY MAY BE DOWNLOADED OR OTHERWISE EXPORTED OR RE-EXPORTED: (a)  INTO (OR TO A NATIONAL OR RESIDENT OF) ANY COUNTRY TO WHICH THE UNITED STATES HAS EMBARGOED  GOODS; OR (b) TO ANYONE ON THE U.S. TREASURY DEPARTMENT’S LIST OF SPECIALLY DESIGNATED  NATIONALS OR THE U.S. COMMERCE DEPARTMENT’S LIST OF PROHIBITED COUNTRIES OR DEBARRED OR  DENIED PERSONS OR ENTITIES. CUSTOMER HEREBY AGREES TO THE FOREGOING AND REPRESENTS AND  WARRANTS THAT CUSTOMER IS NOT LOCATED IN, UNDER CONTROL OF, OR A NATIONAL OR RESIDENT OF  ANY SUCH COUNTRY OR ON ANY SUCH LIST. 

10.11 Construction. The titles and section headings used in this Agreement are for ease of reference only and  shall not be used in the interpretation or construction of this Agreement. No rule of construction resolving  any ambiguity in favor of the non-drafting party shall be applied hereto. The word “including”, when used  herein, is illustrative rather than exclusive and means “including, without limitation.”

Product Definitions and Rules 

Confluent Software 

The Confluent Platform is Confluent’s distribution of Apache Kafka together with Confluent Software. The  Confluent Software licensed under an Order consists of: 

Kommerzielle Funktionen: 

Control Center 

JMS Client 

Abgestufter Speicher 

Replikator 

Multi-Region Clusters Auto Data Balancer Schema Validation 

Security Plugins  

Secret Protection 

Role Based Access Control Structured Audit Logs MQTT Proxy 

Betreiber 

Self-Balancing Clusters 

Commercial and Premium Connectors (as specified in an Order) 

Community features (in the object code form provided by Confluent): 

ksqlDB Schema Registry 

REST Proxy Community Connectors 

Confluent also makes the community feature software available under the Confluent Community  License, and Customer’s rights under such license with respect to such software shall not be limited  by the terms of the Agreement. 

The subscription Fees are based on the specified units of measure, as defined below. Customer may not use  the Confluent Platform subscription (including Support Services) in a manner that exceeds the quantity it has  purchased.  

“Node” means each software instance of a Confluent Platform Component (identified below) running on a  physical or virtual computing machine. 

“Confluent Platform Component” means any of the following: 

Kafka Broker  

Confluent Server 

Kafka Connect worker 

Replicator (Kafka Connect worker) Control Center 

Betreiber 

Zookeeper 

Mirror Maker REST Proxy 

Schema Registry ksqlDB 

MQTT Proxy 

For the avoidance of doubt, a Node does not include an application that uses only the client API (i.e., Kafka  Producer/Consumer).

A “Connector Pack” provides a license and Support Services for up to five (5) commercial connectors per  Connector Pack. Confluent’s commercial connectors are identified at  

https://www.confluent.io/product/connectors/#commercial.  

A Node, Connector Pack, or premium connector is classified in an Order as either “Production,” “Pre Production” or “Development.” 

“Production” means use for any purpose other than the purposes specified below for Pre-Production  and Development. A Production instance includes an instance that is running in standby mode, and  excludes instances that are installed but not running. 

“Pre-Production” means use solely for QA, staging, end-user testing or other non-development pre production purposes. 

“Development” means use solely by developers testing code or use solely in a sandbox environment  that is not accessed or in any way used by users of the production system. 

Nodes designated in an Order as ksqlDB Add-on Nodes are specific to instances of ksqlDB, and cannot be  allocated to any other instances of Confluent Platform components. 

Fees for the Add-on for Kafka Streams are based on Customer’s total Nodes under subscription, including any  active subscriptions under other Orders, but excluding any ksqlDB Add-on Nodes. The Add-on for Kafka  Streams provides Support Services for an unlimited number of Kafka Streams applications connected to the  supported Confluent Platform cluster. 

Support Services 

Confluent shall provide the support and maintenance services set forth in the applicable Order and detailed  further in the Support Services Policy, available at https://www.confluent.io/support-services-policy/. If  Customer is using Support Services on any Confluent Platform component in a cluster, then all Confluent  Platform components in such cluster will be counted as Nodes and must be under subscription.