MariaDB Software License Terms

These MariaDB Software License Terms (“Terms”) govern the Customer’s use of the MariaDB software,
including updates and new versions (the “Software”), and its written technical information
(“Documentation”), provided by the MariaDB entity that is party to the Agreement (“MariaDB”), whose
affiliates may also enforce these Terms. Using the Software or Documentation, or obtaining or using
a License Key (defined in Section 9), constitutes agreement to these Terms. These Terms supplement
any written agreement or Order Form between the parties (the “Agreement”). If no Agreement is in
effect, the online MariaDB Subscription Agreement (https://mariadb.com/terms) serves as the
Agreement and the Customer is the holder of the MariaDB account (MariaDB ID) used to obtain the
Software or License Key. Undefined capitalized terms have the meanings in the Agreement.

1. License Grant. Subject to the Customer’s payment of applicable fees under the Agreement, MariaDB
grants the Customer a personal, limited, non-exclusive, non-transferable, non-sublicensable,
worldwide, and revocable license to use the Software for the Customer’s internal business purposes
and the Documentation to support that use.

2. License Restrictions. The Customer may use the Software only during the applicable subscription
term (“Subscription Term”), and only in combination with MariaDB products or services for which the
Customer holds an active subscription. For Software MariaDB provides for trial or evaluation, the
trial period MariaDB designates is the Subscription Term, and no fees or active subscription are
required during it unless an Order Form states otherwise. The Customer must not:

(1) transfer, assign, resell, distribute, rent, lease, lend, or sublicense the Software or its
rights unless the Agreement expressly authorizes it (any attempt to do so is void);

(2) exceed any limitations (e.g., quantities) prescribed by or agreed with MariaDB;

(3) use the Software to perform services for third parties (e.g., managed services, hosting,
time-sharing, or service bureau operations) unless the Agreement expressly authorizes it;

(4) use the Software to develop competing products or services;

(5) use the Software in any hazardous environment requiring fail-safe performance where failure
could cause death, personal injury, or severe damage;

(6) remove, conceal, or alter any proprietary or intellectual property notices in the Software or
Documentation;

(7) copy (except as necessary for licensed use or backups), decrypt, decompile, reverse engineer,
disassemble, or reduce to human-readable form the Software, or derive or attempt to derive the
Software’s source code, algorithms, or methods, except as expressly permitted by applicable law;

(8) modify, adapt, or create derivative works of the Software;

(9) circumvent, disable, alter, or interfere with any License Key, license check, or transmission of
the Licensing Data (except as Section 9.4 permits), or use a License Key that MariaDB did not issue
to the Customer; or

(10) assist or encourage any third party to do any of the above.

3. Proprietary Rights and Notices. MariaDB retains all worldwide rights, title, and interest
(including intellectual property rights) in the Software and Documentation. The Software is
MariaDB’s property, trade secret, and Confidential Information unless MariaDB makes it publicly
available without confidentiality obligations. The Customer acquires no rights beyond those
expressly granted in these Terms. The Customer must reproduce all original copyright and proprietary
notices on any copies of the Software.

4. Audit and Unauthorized Use. The Customer’s use of the Software is subject to the Agreement’s
audit provisions. Unauthorized use of the Software is a material breach of these Terms. Upon notice,
the Customer must promptly pay for any unauthorized use at MariaDB’s then-current standard list
prices (disregarding any previously negotiated discounts). A breach of the license restrictions
causes irreparable harm to MariaDB, entitling it to seek immediate injunctive relief, without
posting bond, alongside other available remedies.

5. Benchmarks. The Customer must not disclose any Software benchmark, comparative test, or
evaluation (“Benchmark”) to a third party without MariaDB’s prior written approval. Any approved
Benchmark disclosure must accurately detail the testing environment and methodology, as MariaDB
requires.

6. Term and Termination. When the Subscription Term ends, the Customer must immediately stop using
and, within ten (10) business days, destroy all copies of the Software, Documentation, and License
Keys in its possession or control. The Customer may retain offline routine system backups, subject
to confidentiality obligations, but must not restore or use them. Upon MariaDB’s request, an officer
of the Customer must certify this destruction in writing. Sections 2 to 7, 8.3 to 8.6, and 9, and
all warranty disclaimers and liability limitations, survive.

7. Miscellaneous. These Terms do not alter the license terms of any free and open-source software
(FOSS) or software subject to the Business Source License (BSL). Except as stated in Sections 8 and
9.6, the Agreement prevails over these Terms in any conflict. If any part of these Terms is
unenforceable, the rest stays in effect. Except as expressly stated, these Terms and the Agreement
constitute the entire agreement between the parties regarding the Software and Documentation
licenses.

8. Special Terms for Free Tools.

8.1 Scope. MariaDB may designate certain Software as a free tool, which is not trial software and
does not require an active subscription (each, a “Free Tool”). For the Free Tools, except for FOSS
and BSL software, this Section 8 prevails over any conflicting provision of these Terms or the
Agreement. Software that MariaDB identifies as an enterprise tool requires an active subscription
and is not subject to this Section 8.

8.2 License Grant, Access, and Restrictions. The Customer may use the Free Tool for internal
business purposes or for non-commercial personal, educational, or academic purposes. The Customer
may allow its authorized contractors to use the Free Tool on the Customer’s behalf, provided the
Customer remains responsible for their compliance. The Customer must not use the Free Tool if it is,
or acts for, a competitor of MariaDB or its affiliates. The Customer must comply with all import,
export, and sanctions laws and the Agreement’s trade control terms, and not export the Free Tool to
embargoed countries or sanctioned parties.

8.3 DISCLAIMERS AND EXCLUDED PROTECTIONS. TO THE EXTENT PERMITTED BY LAW, THE FREE TOOL IS PROVIDED
“AS IS” AND MARIADB DISCLAIMS ALL WARRANTIES, INCLUDING THAT THE FREE TOOL WILL OPERATE
UNINTERRUPTED OR THAT DATA WILL NOT BE LOST, DELAYED, OR CORRUPTED. THE FREE TOOL IS EXCLUDED FROM
MARIADB’S SUPPORT POLICY; MARIADB WILL NOT PROVIDE SUPPORT, MAINTENANCE, BUG FIXES, OR SERVICE LEVEL
AGREEMENTS. THE CUSTOMER ASSUMES ALL RISK OF USE AND MUST MAINTAIN RESTORABLE BACKUPS OF ALL DATA
BEFORE USE.

8.4 LIMITATION OF LIABILITY AND INDEMNIFICATION. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM
AGGREGATE LIABILITY OF MARIADB AND ITS AFFILIATES REGARDING THE FREE TOOL IS US$5.00. MARIADB AND
ITS AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION. THE CUSTOMER MUST DEFEND AND
INDEMNIFY MARIADB AND ITS AFFILIATES AGAINST ANY THIRD-PARTY CLAIMS OR COSTS ARISING FROM THE
CUSTOMER’S USE OF THE FREE TOOL, INCLUDING UNAUTHORIZED DATA ACCESS, MIGRATION, OR EXPORT
VIOLATIONS.

8.5 Telemetry, Third-Party Components, and Feedback. The Customer consents to the Free Tool
automatically collecting and transmitting diagnostic and usage telemetry to MariaDB. The Customer
must not include Confidential Information or personal data in open configuration fields or resource
identifiers. The Free Tool may contain third-party components subject to separate licenses. The
Customer irrevocably assigns to MariaDB all rights in any Free Tool-related feedback.

8.6 Revocation and Termination. MariaDB may modify, limit, or revoke the Free Tool license or access
at any time, without notice. Upon termination or revocation, the Customer must immediately stop
using the Free Tool and destroy all copies in its possession or control.

9. License Keys and Licensing Data.

9.1 Definitions. “License Key” means any key, token, license file, or other credential that MariaDB
issues to enable, verify, or limit use of the Software. “Licensing Data” means information about the
License Keys and the Customer’s deployment and use of the Software, including license, contract,
host, instance, and network identifiers (including IP addresses), product versions, features used,
resource quantities (e.g., Servers, Instances, Cores, vCPUs, and memory), and timestamps, but not
the content of the Customer’s databases. “License Grace Period” means the period, which may be zero,
after a License Key expires during which the Software continues to run, as MariaDB sets in the
License Key or the Software unless agreed otherwise under Section 9.6.

9.2 License Key Validity. The Customer must not use Software requiring a License Key without a valid
License Key issued by MariaDB. The Software checks the License Key locally and may display warnings
before and after it expires. The Software may refuse to start or restart, run with reduced
functionality, or stop if: (a) the License Key has expired and the License Grace Period has ended;
(b) the License Key is missing, invalid, altered, revoked, or does not cover the Software; or (c)
the host’s system time is inaccurate. The License Grace Period does not extend the Subscription Term
or the Customer’s license. Unless agreed otherwise under Section 9.6, use during the License Grace
Period is unauthorized use under Section 4 unless the Customer pays for a Subscription Term that
covers it.

9.3 Customer Responsibilities. The License Keys are MariaDB’s property, trade secrets, and
Confidential Information. The Customer must keep them confidential without time limit and share them
only with its personnel and contractors who use the Software for the Customer as the Agreement
permits, or as needed to deploy them under this Section 9.3. The Customer must also: (a) promptly
check each License Key and notify MariaDB of any error, loss, or unauthorized disclosure; (b) order
renewals and install each renewed License Key before the current one expires, and each replacement
within thirty (30) days after MariaDB makes it available; (c) keep system time accurate on hosts
running the Software; and (d) monitor the Software’s license notices. MariaDB may replace the
License Keys at any time, and may revoke or block any License Key that is disclosed, copied, or used
without authorization, or when the Agreement or relevant Order Form ends or is wholly or partly
suspended. If the Agreement authorizes the Customer to distribute or embed the Software, the
Customer must deploy valid License Keys and is responsible for any effect of their expiration on its
end users.

9.4 Licensing Data. The Customer consents to the Software collecting the Licensing Data and sending
it to MariaDB. The Customer may stop transmitting Licensing Data only for: (a) telemetry that
MariaDB designates as optional; and (b) deployments that MariaDB authorizes in writing for offline
use. For offline deployments, the Customer must give MariaDB, on request (no more than quarterly), a
written report of its Software deployments and quantities, signed by an officer of the Customer
certifying, after reasonable inquiry, that it is accurate. Unless MariaDB notifies the Customer
otherwise in advance, a failed transmission alone will not stop the Software. MariaDB may use the
Licensing Data to: (i) verify License Keys and the Customer’s compliance with these Terms and the
Agreement, including quantities used; (ii) invoice excess usage; (iii) operate, support, secure, and
improve its products and services; and (iv) manage the Customer’s account. Licensing Data is
evidence of the quantities used unless the Customer proves otherwise. MariaDB will disclose the
Licensing Data that identifies the Customer only to its affiliates, service providers, and
professional advisors, to the authorized partner and any distributor through which the Customer
purchased, to enforce its rights, or as required by law. This limit does not apply to aggregated or
de-identified Licensing Data. MariaDB processes any personal data in the Licensing Data as an
independent controller under its privacy policy. The Customer is responsible for any Confidential
Information or personal data it places in host names or other identifiers that the Software
transmits.

9.5 Remedies and Liability. If the License Key does not reflect the Customer’s current entitlements
or the License Grace Period, MariaDB will promptly issue a corrected or temporary License Key after
the Customer notifies MariaDB. This is MariaDB’s sole obligation and the Customer’s exclusive
remedy. MariaDB may issue temporary, emergency, or extended License Keys, or extend the License
Grace Period, without extending the Subscription Term or waiving any right. TO THE EXTENT PERMITTED
BY LAW, MARIADB IS NOT LIABLE FOR ANY INTERRUPTION, DOWNTIME, DATA UNAVAILABILITY, OR OTHER LOSS
ARISING FROM THE SOFTWARE OPERATING AS DESCRIBED IN THIS SECTION 9. Except as described in this
Section 9, MariaDB will not remotely disable the Software.

9.6 Precedence. This Section 9 prevails over any conflicting provision of the Agreement, including
provisions on disabling code or similar mechanisms, data collection, or the exclusion of online or
click-through terms, except a provision in a written agreement, amendment, or Order Form, each
signed by MariaDB, that expressly excludes or modifies this Section 9 or the use of the License
Keys. Statements by MariaDB personnel or partners do not modify or waive this Section 9. The
Software operating as described in this Section 9, including when a License Key expires or the
License Grace Period ends, is not disabling code, an automatic shutdown, a lockout, a time bomb,
electronic self-help, or any similar mechanism.
