OpenText Gupta DevCon Digital 2020 Event Terms and Conditions

Before completing registration for Gupta DevCon Digital 2020 (“Event”), please read the registration terms and conditions below, as well as the OpenText Privacy Policy relating to what personal data we collect and how we use or share it. Below you will see a privacy section additionally for the Event.

By registering for, attending or otherwise participating in the Event you (and where registering for another, each of the attendees) agree to these terms and conditions. OpenText reserves the right to update these terms and conditions at any time without notice. The most up-to-date version of these terms and conditions can be reviewed here. “OpenText” means OpenText Corporation or its group companies.

Terms and Conditions

There is no fee for registering for this Event. Any costs related to or ancillary to joining the Event are the sole responsibility of each attendee. OpenText reserves the right at any time without liability to re-schedule, cancel or change the Event.

OpenText shall not be liable for any loss, injury, claim, liability or damage or any kind and howsoever arising (including without limitation in negligence) resulting from, arising out of or in any way related to the Event, which shall include, without limitation, any or all of the following: use of the website, platform or any technology or software used to provide the Event; the provision or use of any content (be that of OpenText or a third party) which shall include without limitation any white papers, brochures or presentations available for download; any errors, omissions, interruptions or unavailability; and/or use of any equipment or software in connection with the Event or any content. Each attendee is solely responsible for its attendance and participation in the Event.

OPENTEXT DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND CONDITIONS AND ALL DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION LEGAL FEES, LOSS OF PROFIT, LOSS OF REVENUE, INTERRUPTION OF BUSINESS, LOST OR DAMAGED DATA), WHETHER LIABILITY IS BASED IN CONTRACT, TORT, EQUITY, AT LAW, OR UPON ANY OTHER THEORY OF LIABILITY, EVEN IF OPENTEXT HAS BEEN ADVISED OF THE POSSIBILITY OF THE FOREGOING. EACH ATTENDEE WAIVES ALL CLAIMS AGAINST OPENTEXT, THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS IN RESPECT THEREOF. FOR THE AVOIDANCE OF DOUBT, THIS EXTENDS TO ALL OPENTEXT GROUP COMPANIES.

Nothing shall exclude or limit liability for death or personal injury caused by negligence or any other liability that cannot be excluded by applicable law.

These terms shall be governed by the laws of the province of Ontario, including the federal laws of Canada applicable therein excluding its conflicts or choice of law rules, and all related litigation shall occur in the courts located in such jurisdiction.

Notwithstanding anything to the contrary herein and for the avoidance of doubt, OpenText shall not be responsible for any failure, interruption or delay in the Event to the extent the failure or delay arises as a result of acts of God, fire, disaster, explosion, vandalism, storm, adverse weather conditions, strikes, labor disputes or disruptions, epidemics, pandemics, wars, national emergencies, riots, civil disturbances, shortages of materials, actions or inactions of government authorities, terrorist acts, lockout, work stoppages or other labor difficulties, border delays, failures or interruptions of utilities or telecommunications equipment or services, system failures or interruptions, IT failures or interruptions, or any other cause that is beyond the reasonable control of OpenText (including, without limitation, arising out of the coronavirus).

The individual completing this registration represents that (i) all attendees are at least 18 years of age (or older, where local law so requires), have read and understand these terms and conditions, and are competent to agree to these terms and conditions, and (ii) such individual has all requisite authority to agree to these terms and conditions on behalf of all attendees.

OpenText may, at its sole discretion, limit, remove or refuse registration or attendance at the Event at any time.

Any material provided by OpenText remains the intellectual property of OpenText. This includes, without limitation any white papers, brochures or presentations which are available to download as part of the Event. Unless stated otherwise in writing, these are only provided for information and non-commercial purposes or personal use, and any other use is prohibited.

Recording by any means by an attendee at the Event is not permitted. Without prejudice to the generality of the foregoing, no part of the Event may be reproduced on, transmitted to or stored on any other website or other form of electronic retrieval system.

By registering for or joining the Event, you and each attendee accept that OpenText and its vendors will be taking photographs, making recordings (video, audio or otherwise) and/or live-streaming throughout the Event. OpenText shall have the right to do so during the Event in which attendee(s)’ identity, name, image, likeness, voice, messaging and/or written word may appear (collectively the “Recordings”) and to use the Recordings in any and all media, now or hereafter known, for the purposes of promoting the Event and other OpenText customer events. You and each attendee consents to its corporate logo, name and identity may be revealed therein or by descriptive text or commentary.

Each attendee: (i) grants OpenText the worldwide right to use the attendee’s identity, name, image, likeness and/or voice in whatever media used, publicly or privately in connection with the exploitation of the Recordings for any purpose; and (ii) understands that there will be no financial or other remuneration, including reimbursement of expenses, for the rights granted or use related to the Recordings; (iii) agrees that OpenText is the exclusive copyright owner of the Recordings. Each attendee is responsible to ensure that it does not include or share confidential, personal or other proprietary information as part of the Event in contravention of any legal obligations or laws.

You and each attendee: (1) shall comply strictly with all applicable export and anti-terrorism laws and regulations and not do anything that breaches or facilitates breach of these; and (b) represent that you are not, nor will make the Event available in any way to anyone, located in or resident of any embargoed country or a prohibited person under any export control or anti-terrorism law, regulation or list, including, but not limited to (i) the Export Administration Regulations maintained by the U.S. Department of Commerce, and (ii) the trade and economic sanctions maintained by the U.S. Department of Treasury Office of Foreign Assets Control. You and each attendee are responsible to obtain any licenses required for any export, re-export, or import relating to the Event, including deemed exports.

The attendees acknowledge that OpenText does not control content posted in social networks; in some cases, such content may be publicly available on the internet. Therefore, each attendee must carefully consider the submission of personal information to these social networks and review the privacy policy of the relevant social network before doing so.

Read the following section for further details relating to the use of personal data.

Privacy and Data Protection: a copy of the OpenText Privacy Policy is available at www.opentext.com/who-we-are/copyrightinformation/site-privacy. We refer you to this for details of how OpenText uses or shares personal data, as well on how to exercise your privacy rights.

As part of registering and joining the Event, OpenText will use the personal data of attendees to facilitate their attendance at the Event. This may include, for example, monitoring which attendees access the Event, the number of computers and their IP addresses. It may also include collecting information about attendee’s specific activities at the Event and use the data to customize future interactions with attendees or help design future events.

OpenText uses third party contractors and suppliers to help it deliver the Event and as part of that it will sometimes share your personal data with those parties. This Event will be on Microsoft Teams. You are solely responsible for any personal data or other information and content which you share with Microsoft Teams. Microsoft services agreement can be found HERE and privacy policy can be found HERE.

Subject to the attendee’s marketing preferences, personal data may also be used to keep you informed of, and to market, promote or sell our products, services and offerings. You can change your OpenText marketing preferences with us at any time, for example if you want to opt out of marketing. You can do this by clicking the unsubscribe link at the bottom of the e-mail or sending an email to Rebecca Logan at rlogan@opentext.com.

In certain cases, under applicable law an attendee may have the right to exercise certain privacy rights over their personal data, such as objecting to the use of personal data by OpenText. There will be circumstances, for example in relation to the use of the Recordings which contain the identity, name, image, likeness and/or voice of the attendee, where OpenText may not be able to recall these materials, given that these are already publicly available or in circulation. If you wish to exercise such rights, please see the OpenText Privacy Policy for details.
 
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