An often-overlooked provision in Splunk agreements is the audit clause. Under the Splunk Software License Agreement, Splunk has the right to audit your usage .
Key terms include:
- Splunk may audit upon at least 10 days’ prior written notice
- Audits are conducted during regular business hours
- You must provide reasonable access to relevant records and facilities
- If the audit reveals that you have exceeded your licensed capacity, Splunk will invoice you for underpaid fees
- If excess usage exceeds 10% of licensed capacity, you also pay Splunk’s reasonable audit costs
This provision survives termination of the agreement for three years .
Warranty and Disclaimer
Splunk provides a limited warranty: for 30 days from delivery, the purchased software will substantially perform the material functions described in the user documentation .
If the software fails to conform, Splunk’s sole obligation—and your sole remedy—is for Splunk to either:
- Modify or provide an enhancement so the software conforms
- Replace your copy with a conforming copy
- Terminate the license and refund the license fees
Beyond this narrow warranty, Splunk disclaims all other warranties. The software and support services are provided “AS IS” with no warranties of merchantability, fitness for a particular purpose, noninfringement, or quiet enjoyment. Splunk does not warrant that use of the software will be uninterrupted, error free, or secure .