AppDynamics Transform Virtual Event 2020 Terms and Conditions

Rev. January 15, 2020

PLEASE READ THESE TERMS. THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN YOU AND APPDYNAMICS AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE SET FORTH BELOW, WHICH TOGETHER WITH APPDYNAMICS’ PRIVACY POLICY, GOVERN YOUR RELATIONSHIP WITH APPDYNAMICS IN RELATION TO YOUR ATTENDANCE AT THE APPDYNAMICS TRANSFORM 2020 VIRTUAL EVENT.

These Terms apply to your Event registration through this web portal and the Event itself.

1.     DEFINITIONS

"AppDynamics" means AppDynamics LLC, its affiliates, subsidiaries and related entities.

"Attendee" means an individual registered for or attending the Event.

"Badge" means the badge provided to you at the Event check-in, which will designate your access to the Event and venue area.

"Event" means the AppDynamics Transform virtual event on February 20, 2020 web-broadcast from San Francisco, California that is attended by the Attendee.

"Partner" means any AppDynamics subsidiary, affiliate, Event sponsor, or customer.

"Registration Site" means the public registration web-page accessed through:

https://www.appdynamics.com/events/transform

(as applicable) and any other website properties of AppDynamics.

"Required Registration Information" means the information you provide on the Registration Site when registering for the Event. This information may include personal information such as, first name, last name, picture, company, address, job title and phone number.

"Terms" shall refer to these terms and conditions and AppDynamics’ Privacy Policy set out at www.appdynamics.com/privacy-policy. These Terms govern your Event registration and your attendance at the Event.

"You" or "your" means you, the individual accepting these Terms, and/or if applicable the company or other legal entity for which you are accepting these Terms.

2.     THE EVENT

REGISTRATION

All Attendees must be registered through the Registration Site. To register for an Event, you must provide the Required Registration Information on the Registration Site. AppDynamics reserves the right to cancel or terminate any registration at any time. You will receive a registration confirmation email at the email address you provide during registration.

EVENT CODE OF CONDUCT

By registering and participating in the Event you agree to comply with AppDynamics’ Code of Conduct. At all times during the Event Attendees are expected to comply with the Code of Conduct. Failure to comply may result in your Event registration being terminated, your employer may be notified and you may be banned from participation in future AppDynamics events. Please report any violations of the Code of Conduct to onsite security.

GOVERNMENT OFFICIALS

All government employees or officials who register to attend the Event must identify themselves as government employees or officials on the Registration Site. Each government employee or official who attends the Event also must confirm that s/he will abide by all relevant rules and regulations imposed by his or her employing agency during the Event, including those rules and regulations relating to the acceptance and disclosure of gifts and gratuities.

AFFILIATED SERVICES

If the Event website provides third party affiliated services information including accommodation information and transportation information or discounts, such information is provided solely as a convenience to our Attendees (“Affiliated Services”). Inclusion on the Registration Site does not indicate approval or endorsement by AppDynamics. Under no circumstances will AppDynamics be liable in any way for any third-party services, including, but not limited to, quality, availability, errors or omissions or damages of any kind. You must evaluate and bear all risks associated with the use of any third-party services, including any reliance on the availability, quality or usefulness of such services. You may be subject to additional terms and conditions that may apply when you use Affiliated Services.

PERSONAL RELEASE

AppDynamics (and/or others on behalf of AppDynamics) may be photographing, recording (both audio and video), webcasting and podcasting (“Recordings”) at Event venues, events or activities. By agreeing to these Terms and attending the Event:

  • You agree that your image, likeness, voice, statements and other identifying characteristics (your “Image”) may be Recorded, and you consent to the use of your Image in connection with the use of the Recordings.
  • You irrevocably grant AppDynamics and its agents, contractors, licensees and designees and their respective successors and assigns (the “AppDynamics Parties”) a non- exclusive, worldwide, royalty-free and fully paid-up, perpetual license to use, reproduce, distribute, prepare derivative works of, translate, display, perform and otherwise exploit the Recordings and your Image therein, in whole or in part, in any and all media formats and through any and all media channels, in any manner and for any purpose in connection with AppDynamics, its business and/or the Event (including any future reoccurrence of the Event or a similar event), and for any other lawful purpose.
  • You waive any right you may have to inspect and/or approve the use of the Recordings or any reproductions thereof, and you agree that AppDynamics is not obligated to make any use of your Image or exercise any of the rights granted to it.
  • You understand that your Image may appear in Recordings made available to you, other attendees, or the public, and that third-parties may retain and distribute those Recordings.
  • You agree that AppDynamics exclusively owns all rights (including without limitation, intellectual property rights) in the Recordings and all results and proceeds derived from the use of the Recordings and your Image therein, and that no portion of such proceeds will be shared with you.
  • You waive and release any and all rights of privacy and publicity, and any and all claims to compensation or damages or of violation of intellectual property rights, in connection with the use of the Recordings and your Image therein and/or any advertising or publicity relating thereto.
  • You represent that you are of full legal age and have read this release and fully understand its contents.

FORWARD LOOKING STATEMENTS

Some of the Event presentations and sessions will contain projections or other forward-looking statements regarding future events, product offerings or the future financial performance of AppDynamics, its Partners and affiliates. Words such as "expects," "goals," "plans," "believes," "continues," "may" and variations of such words and similar expressions identify forward- looking statements. In addition, any statements that refer to or may imply future financial performance, our anticipated growth and trends in our businesses, and other characterizations of future events or circumstances are forward-looking statements. All such statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties, and the actual events or results may differ materially.

ASSUMPTION OF RISK

Your participation in and attendance of the Event is completely voluntary. You accept and assume all risks of any damage to your personal property or for personal injury that you may face while attending the Event, using the Affiliated Services, and waive any claims against AppDynamics relating to such risks.

UNFORESEEN CIRCUMSTANCES

The Event schedule is subject to change at any time without prior notice. AppDynamics cannot guarantee the attendance of any exhibitor or speaker, or that any scheduled event will take place.

AppDynamics will not be held liable and no reimbursement will be made, in the event of the cancellation or modification of the times, dates, sessions and/or events during the Event as a result of an event that is beyond AppDynamics’ control, including but not limited to inclement weather, earthquake, flood, or other act of God, war, invasion, act of foreign enemy, hostilities, riot, national state of emergency, plague, act/threat of terrorism, civil unrest, strikes or other labor disputes or any other similar or related event which delays or prevents any or all of the Event.

3.     PERSONAL INFORMATION

PERSONAL INFORMATION

AppDynamics will handle and protect the Required Registration Information provided in accordance with AppDynamics’ Privacy Policy located at https://www.appdynamics.com/privacy-policy/.

By providing your personal information to AppDynamics, you acknowledge and understand that AppDynamics will collect such information for the purposes of effectuating your registration and to provide you with communications related to the Event, AppDynamics, or AppDynamics’ platform. AppDynamics will also use personal data provided by you (such as your first and last name and company name) for the purpose of administering your attendance at the Event and marketing the Event. To this end, AppDynamics may disclose your personal data to third-party service providers (e.g., registration solution providers and other vendors engaged by AppDynamics to put on the Event).

As part of your participation in the Event, you may provide your personal data to third parties, including vendors, Partners or other Event attendees, who are not employees of AppDynamics. AppDynamics is not responsible for how such a third-party uses your personal data.  If you demonstrate an interest in a Partner or topic, such as by visiting a virtual booth or attending a topic specific session, AppDynamics may share your Required Registration Information with such Partner.

Additionally, by visiting a Partner’s or exhibitor’s virtual booth or registering for the Event via link provided by an AppDynamics Partner or exhibitor, you authorize AppDynamics to share with such Partner or exhibitor your first and last name, title, company, physical address, phone numbers and email address provided to AppDynamics, which will be subject to the Partner’s or exhibitor’s communications and privacy policy.

4.     GENERAL PROVISIONS

WARRANTIES

APPDYNAMICS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE EVENT OR EVENT REGISTRATION, WHETHER IMPLIED, STATUTORY OR OTHERWISE, AND APPDYNAMICS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

FURTHERMORE, APPDYNAMICS MAKES NO REPRESENTATION THAT THESE TERMS, OR THE TOOLS, WEBSITES OR CONTENT PROVIDED HEREUNDER (THE "MATERIALS"), ARE APPROPRIATE, AVAILABLE OR LEGAL IN TERRITORIES OUTSIDE THE UNITED STATES. THOSE WHO CHOOSE TO ACCESS THESE MATERIALS OR THE EVENT FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS.

YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT AND THAT YOU CAN AND WILL COMPLY WITH ALL THE TERMS OUTLINED HEREIN.

CHANGES TO THESE TERMS

AppDynamics may make changes to these Terms from time to time. You understand and agree that if you attend the Event after the date on which the Terms have changed, your attendance will signify acceptance of the updated Terms.

THIRD PARTY LINKS

The Event materials may contain links to third party sites; such linked sites are not under the control of AppDynamics and AppDynamics is not responsible for the content of any linked site or any link contained in a linked site. AppDynamics reserves the right to remove any links at any time. AppDynamics does not endorse the companies or products to which it links and reserves the right to note such on its web pages. If you decide to access any of the third-party sites linked you do so entirely at your own risk.

GOVERNING LAW AND JURISDICTION

These Terms and any disputes arising out of or related hereto, shall be governed by and construed in accordance with the laws of California and each party hereby submits to the exclusive jurisdiction of the courts of San Francisco, California.

RELATIONSHIP OF THE PARTIES

These Terms and the activities governed hereby do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third- party beneficiaries to these Terms.

WAIVER AND CUMULATIVE REMEDIES

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

SEVERABILITY AND ASSIGNMENT

If any provision in these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.

You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of AppDynamics. AppDynamics’ sole remedy for any purported assignment in breach of this paragraph shall be termination of this Agreement and non-participation in the Event. AppDynamics may assign these Terms, in whole or in part, as necessary for the execution of the Event without your consent and at its sole discretion.

Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

ENTIRE AGREEMENT

These Terms constitutes the entire agreement between the parties in relations to the Event and Event Registration and supersedes all prior and contemporaneous terms, agreements, proposals or representations, written or oral, concerning its subject matter.

Without limiting the foregoing, no part of this Agreement shall be superseded or governed by any End User License Agreement or other agreement with AppDynamics. To the extent that these Terms are translated, such translation is provided for solely for convenience, and the English version of these Terms shall prevail.

AppDynamics Transform 2020 Code of Conduct

We believe our community should be truly open for everyone. As such, we are committed to providing a friendly, safe and welcoming environment for all.

This code of conduct outlines our expectations for AppDynamics Transform participants’ behavior, as well as the consequences for unacceptable behavior.

We invite all sponsors, speakers, attendees, media, exhibitors and other participants to help us realize a safe and positive conference experience for everyone.

Expected behavior

Be considerate, respectful, and collaborative.

Refrain from demeaning, discriminatory or harassing behavior and speech.

Be mindful of your surroundings and of your fellow participants. Alert event organizers if you notice a dangerous situation or someone in distress.

Wear your badge at all times while at the event or event venues.

Unacceptable behavior

Unacceptable behaviors include: intimidating, harassing, abusive, discriminatory, derogatory, or demeaning conduct by any attendee of the event or related event activities.

Harassment may include: offensive verbal or electronic comments related to gender, sexual orientation, race, religion, disability, national origin, or other protected characteristics; inappropriate use of nudity and/or sexual images in public spaces (including presentation slides); deliberate intimidation, stalking or following; harassing photography or recording; sustained disruption of sessions, talks or other events; inappropriate physical contact, and any unwelcome sexual attention.

Wearing clothing that is not suitable for a professional work environment, that is provocative, inappropriate or otherwise potentially offensive.

Physical verbal, or written, abuse, intimidation, threats, annoyance, harassment, stalking, pushing, shoving or use of any physical force whatsoever against any person, which in any way creates a disturbance that is disruptive or dangerous, or creates apprehension in a person, as determined by AppDynamics and AppDynamics’ event staff, in their sole discretion.

Possession of a weapon or any item that can be used as a weapon, which may be used to threaten or cause injury to others if used in a certain manner.

Any destruction or vandalizing of personal property or event site or materials.

Any boisterous, lewd or offensive behavior or language, using sexually explicit or offensive

language or conduct, profanity, obscene gestures, or racial, religious or ethnic slurs.

Possessing any open can, bottle or other receptacle containing any alcoholic beverages, except in areas specifically designated for the consumption of alcohol or being intoxicated, as determined by AppDynamics, in any event venue or function. Please drink responsibly.

Possessing any illegal substance, including but not limited to narcotics or other illegal drugs. AppDynamics does not tolerate the use or abuse of illegal substances anywhere in the event venues.

Smoking other than in designated areas.

Any other illegal activity not already covered above.

Failure to obey any of the rules or regulations of the event venues or instructions of the event staff.

Consequences of unacceptable behavior

Unacceptable behavior will not be tolerated whether by an attendee, media, speaker, volunteer, organizer, venue staff, partner, sponsor, or exhibitor. Anyone asked to stop unacceptable behavior is expected to comply immediately.

If a participant engages in unacceptable behavior, the conference organizers may take any action they deem appropriate, up to and including expulsion from the event without warning or refund and if appropriate involvement of local law enforcement.

What to do if you witness or are subjected to unacceptable behavior

If you are subjected to unacceptable behavior, notice that someone else is being subjected to unacceptable behavior, or have any other concerns, please notify an event organizer as soon as possible and follow up directly with a member of AppDynamics Legal Department (in person or via email at legal@appdynamics.com). You may request that your report remain confidential.

Event staff will be available to help participants contact venue security or local law enforcement, to provide escorts, or to otherwise assist those experiencing unacceptable behavior to feel safe for the duration of the event. You can report unacceptable behavior to any member of staff.

Scope

We expect all event participants (staff, sponsors, volunteers, speakers, attendees, and other guests) to abide by this code of conduct at all event venues and event-related social events.

The above Code of Conduct may be revised at any time by AppDynamics and is non- negotiable. This Code of Conduct is without prejudice to AppDynamics’ rights, all of which it expressly reserves.