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LEGAL INFORMATION
COMPANY
Micro Focus International plc
PLACE OF REGISTRATION
England and Wales
REGISTERED NUMBER
5134647
REGISTERED ADDRESS
The Lawn, 22-30 Old Bath Road, Berkshire, RG14 1QN, United Kingdom
LEGAL FORM OF THE COMPANY
Public Limited Company (PLC), incorporated and registered under UK law
PHONE
+44-(0)-1635-565-200
ELECTRONIC CONTACT
compliance@microfocus.com
VAT REGISTRATION NUMBER
GB765361024
MANAGEMENT TEAM AND BOARD OF DIRECTORS
www.microfocus.com/about/leadership
* Website Terms of Use
Welcome to our Websites
WEBSITE TERMS OF USE
WELCOME TO OUR WEBSITES
Thank you for visiting this website controlled by Micro Focus International
plc and/or any of its group companies or affiliates (“We,” “Our,” “Us” or
“Micro Focus”).
These Website Terms of Use are a legal contract between you (“You” or “Your”)
and Us. They govern Your use of Our Website and all the text, data,
information, software, graphics, logos, photographs, and more (“Materials”),
as well as any services, that We make available or provide through Our
Website. The terms “We,” “Our,” “Us” and “Micro Focus” may also, as the
context requires, include certain of Our licensors and suppliers.
YOU CANNOT USE OUR WEBSITES IF YOU DO NOT UNDERSTAND AND ACCEPT THESE WEBSITE
TERMS OF USE. YOUR USE OF OUR WEBSITE INDICATES THAT YOU HAVE READ AND ACCEPT
THESE WEBSITE TERMS OF USE.
These Website Terms of Use apply to any and all use of Our Website, including
use through any account that You may set up through or on Our Website. Some
Materials will only be available to You if You have an appropriate account.
You agree to (i) provide true, accurate, current, and complete information in
connection with Your use of Our Website and (ii) obtain and maintain all
equipment, services and software needed for access to and use of Our Website.
You are responsible for maintaining the confidentiality of Your passwords. If
You suspect Your password or other security information for Our Website has
been breached in any way, please notify Us promptly. We reserve the right to
require that You change Your password or restrict Your access to Our Website
as We deem reasonably necessary.
You must not (i) attempt any unauthorized access to Our Website, the server
on which it is stored, or any server, computer, or database to which it is
connected to Our site or (ii) attack Our Website via a denial-of-service
attack or a distributed denial-of-service attack. Breach of this provision
may constitute a criminal offence under applicable laws. We may report any
such breach to the relevant law enforcement authorities, cooperate with those
authorities, and disclose your identity to them.
We may collect certain personal information about You solely in connection
with Your access and use of Our Website. Our use of that information is
governed by the provisions of Our Privacy and Cookie Notice.
Ownership and Permitted Use of Our Website and Materials
OWNERSHIP AND PERMITTED USE OF OUR WEBSITE AND MATERIALS
Micro Focus International plc and its affiliates, and their licensors and
suppliers, own all intellectual property rights in all Materials, as well as
their arrangement, on Our Website. All rights not expressly granted herein
are reserved. Except as otherwise required or limited by applicable law, any
reproduction, distribution, modification, retransmission, or publication of
any Material is strictly prohibited without Our express written consent or
that of the copyright owner.
We grant You a limited, personal, revocable, non-sublicensable, non-exclusive
and non-transferable license to use and to display the Materials solely (i)
in connection with Your use of Our Website for Your personal and internal
business purposes as a customer or potential customer of Micro Focus
("Permitted Uses") and (ii) conditioned on Your compliance with these Website
Terms of Use. If You are using our Website on behalf of a business, you
represent that the business accepts and is subject to these Website Terms of
Use. You have no other rights in Our Website or any Materials. Except as
expressly permitted, you may not modify, edit, copy, reproduce, create
derivative works of, reverse engineer, alter, enhance, sell or in any way
exploit Our Website or Materials in any manner and must retain Our copyright
and other proprietary notices.
Unauthorized Use of Our Website, Acceptable Use Policy
UNAUTHORIZED USE OF OUR WEBSITE, ACCEPTABLE USE POLICY
We authorize only the limited uses of Our Website expressly described above.
Any other use of Our Website is prohibited. All rights, title and interest
not expressly granted are reserved. Unauthorized use of Our Website and
Materials may violate intellectual property laws of the United States and
those of other countries.
You may only use a crawler to crawl Our Website as permitted by Our Website's
robots.txt protocol. We may block any crawlers at Our sole discretion.
Please refer to and abide by the examples of things to avoid described in Our
Acceptable Use Policy. You must follow Our Acceptable Use Policy whenever You
(i) use areas of Our Website (e.g., chat rooms, customer ratings, review
areas, community and support forums) that permit You to submit feedback,
information, data, text, software, music, sound, photographs, graphics,
video, messages, or other materials (each, a "User Submission") or (ii)
otherwise use our Website or any services offered from Our Website.
We respect the intellectual property rights of others and ask You to do the
same. We may, in appropriate circumstances and at Our discretion, terminate
access to and use of Our Website for users who infringe the intellectual
property rights of others. If You believe that Your work is the subject of
copyright infringement and/or trademark infringement and appears on Our
Website, please let Us know by following the procedures found here Claims of
Infringement on Our Websites
Terminating Your Use of Our Website
TERMINATING YOUR USE OF OUR WEBSITE
You or We may terminate Your use of Our Website at any time. Your use of Our
Website will automatically terminate in the event You breach any of these
Website Terms of Use. To clarify:
* You may discontinue Your access to and use of Our Website at any time.
* Unless We otherwise agree with You in writing, We may terminate, suspend,
or modify Your registration with, access to, or use of all or part of Our
Website, without notice, at any time and for any reason. In the event of a
termination for breach, You must immediately destroy any downloaded or
printed Materials and any copies thereof.
Disclaimers
DISCLAIMERS
OUR WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF OUR WEBSITE IS WITH YOU. WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH
RESPECT TO OUR WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR
STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR
PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
WE DO NOT PROMISE THAT THE WEBSITE IS FREE OF PROBLEMS OR ERRORS. Without
limiting the generality of the foregoing, We make no warranty that Our
Website will meet Your requirements or that Our Website will be
uninterrupted, timely, secure, or error free or that defects in Our Website
will be corrected. We make no warranty as to the results that may be obtained
from the use of Our Website or as to the accuracy or reliability of any
information obtained through Our Website. No advice or information, whether
oral or written, obtained by You through Our Website or from Us or Our
officers, directors, employees, or agents (collectively, "Micro Focus
Parties") shall create any warranty.
Limitation of Liability
LIMITATION OF LIABILITY
In no event will We be liable, in connection with Our Website, for (i) any
indirect, special, incidental, consequential, punitive or similar damages;
loss of profits, business, data (including, but not limited to, personal
data) or programs (including, but not limited to, the cost of recovery or
replacement of such data or programs); loss, damage or any costs due to
interruption, delay or inability to use any of Our products or services, even
if informed of the possibility of such damages in advance or (ii) any amount
greater than One Hundred Dollars ($100). However, nothing in this provision
limits any liability which may not be excluded or limited by applicable law.
Exclusions and Limitations
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for certain damages. Accordingly, some
of the above disclaimers and limitations of liability may not apply to You.
To the extent that any Micro Focus Party may not, as a matter of applicable
law, disclaim any implied warranty or limit its liabilities, the scope and
duration of such warranty and the extent of the Micro Focus Party's liability
shall be the minimum permitted under such applicable law.
Other Agreements; Software, Services or Access
OTHER AGREEMENTS; SOFTWARE, SERVICES OR ACCESS
We may provide products (such as hardware or software), services (such as
software subscription services, consulting, hardware maintenance or repair or
software maintenance, installation, or training) or access via Our Website
under the terms of a separate agreement between You and Us, such as a license
agreement or separate terms of sale (each, an "Other Agreement"). Our
obligations regarding any product, service, or access that We make available
to You under any Other Agreement shall be governed solely by the Other
Agreement under which such product, service or access is provided and these
Website Terms of Use shall not be deemed or construed to alter the terms of
any such Other Agreement. If there is an inconsistency between these Website
Terms of Use and any Other Agreement, the Other Agreement will control. You
are not granted any rights to download, install, or use any software that is
supplied with or includes an end user license agreement unless you agree to
the terms of such end user license agreement, whether presented to you before
or after download. In the event software is provided without an end user
license agreement, you may use the software solely for your personal,
informational and non-commercial purposes.
For example, the use of any software that is made available to download from
Our Website ("Software") is governed by the terms of the end user license
agreement, if any, that accompanies or is included with the Software
("License Agreement"). You may not install any Software that is supplied with
or includes a License Agreement unless You first have agreed to the License
Agreement. If there is no License Agreement, then these Website Terms of Use
will govern Your use of that Software.
We May Modify Our Website
WE MAY MODIFY OUR WEBSITE
We reserve the right to modify, suspend, or discontinue all or any part of
Our Website and/or any products, programs, services and other offerings
provided through or in connection with Our Website at any time without notice
to You.
We suggest You consult Your local Micro Focus business contact for
information regarding the products, programs, services and any other
offerings that may be available to You via or in connection with Our Website.
Trademarks
TRADEMARKS
Our name, Our logos and other trademarks used by Us are registered trademarks
of Our entities. You may use Our word marks, in text, to refer fairly and
accurately to Us and Our products and services, subject to the guidelines
below. Our logos are reserved for use by Us and those of Our partners and
licensees that have a written agreement with Us that specifically authorizes
logo use. No other use of Our logos or stylized marks is permitted. You may
not use Our trademarks in a manner likely to mislead or confuse third
parties, including regarding Your relationship with Us, any sponsorship or
endorsement of Your company, products or services, or the origin of Your
products or services. Any such use is unlawful and expressly prohibited.
Please consult and abide by Our Trademark Guidelines regarding additional
limitations on any use or reproduction of Our logos and other trademarks.
Links to Third-Party Websites
LINKS TO THIRD-PARTY WEBSITES
For Your and Our convenience, Our Website includes various links to
third-party websites which are not under Our control. If You follow these
links, You will leave Our Website. We are not obligated to review any
third-party websites that You link to from Our Website. We do not control,
and are not responsible for, any of the third-party websites (or the
products, services, or content available through them). We do not endorse or
make any representations about such third-party websites, any information,
software, products, services, or materials found there or any results that
may be obtained from using them. If You decide to access any of the
third-party websites linked to from Our Website, You do so entirely at Your
own risk and subject to the privacy policies and terms and conditions for
those third-party websites (rather than these Website Terms of Use).
Linking to Our Website
LINKING TO OUR WEBSITE
For Your convenience, You may create links to Our Website from other
websites. Unless an express agreement states otherwise, You must comply with
the following terms and all applicable laws if You provide anyone with a link
to Our Website:
* You may link to, but may not copy, any Materials.
* You shall not create a browser or border environment around any Materials.
* You shall not imply that We endorse or are affiliated with any such
website that links to Our Website or any products, services, or content
available through that website.
* You shall not misrepresent Your relationship with Us.
* You may not present false or misleading information about Us or Our
products or services.
* The website that links to Our Website shall not include content that could
be construed as distasteful, offensive, a breach of privacy rights,
controversial, illegal or of a sexual nature.
* The website that links to Our Website shall include only content that is
appropriate for all age groups.
U.S. Government Users
U.S. GOVERNMENT USERS
To the extent that Materials are downloaded for use by a department or agency
of the U.S. government, or on its behalf by a prime contractor or
subcontractor at any tier, consistent with the applicable provisions of the
Federal Acquisition Regulation ("FAR") and supplements thereto, including the
Department of Defense FAR Supplement ("DFARS"), commercial software,
documentation and technical data for commercial items are licensed under Our
standard commercial license terms.
International and Export Issues
INTERNATIONAL AND EXPORT ISSUES
We may administer Our Websites from Our offices in various jurisdictions,
including the United States and United Kingdom. We make no representation
that Our Websites are appropriate or available for use in other
jurisdictions. Access to Our Websites from jurisdictions where its contents
are illegal or restricted is prohibited. If you choose to access Our
Websites, you do so on your own initiative and are responsible for compliance
with applicable laws.
Materials available on Our Websites are subject to statutes, orders, or
regulations which impose embargoes or control the export of goods,
technology, software, supplies, and services, including weapons of mass
destruction and arms, military, paramilitary and security equipment and
dual-use items (items designed for civil use but which can be used for
military purposes), and certain drugs and chemicals (collectively, "export
controls"). You agree to comply with all export and re-export restrictions
and regulations of the U.S. Departments of Commerce and Treasury and any
other United States agencies and authorities, or those of other countries in
connection with your use of Our Websites and to not, in violation of any
laws, transfer, or authorize the transfer of, any Materials to a prohibited
country or otherwise in violation of any laws. In particular, but without
limitation, Materials may not, in violation of any laws, be exported,
re-exported or otherwise transferred, directly or indirectly, to (i)
embargoed or sanctioned countries or territories (currently Cuba, Iran, North
Korea, Syria, Sudan and the Crimea Territory but subject to update as
required from time to time by law and regulation) or to nationals and parties
from those countries; (ii) any parties subject to trade control sanctions or
blocking measures, including those designated on any of the lists of denied
or restricted parties included in the United States Departments of State,
Commerce and Treasury Consolidated Screening List (available at
http://export.gov/ecr/eg_main_023148.asp) or by the European Union (EU)
(available at
https://data.europa.eu/euodp/en/data/dataset/consolidated-list-of-persons-groups-and-entities-subject-to-eu-financial-sanctions);
(iii) in breach of the United Kingdom's Export Control Order 2008 (as
amended); or (iv) for use in the design, development, or production of
nuclear, chemical, or biological weapons, or missile technology, or any other
prohibited use. By accessing or downloading any Materials subject to any such
restrictions and regulations, you represent and warrant that (a) you are not
located in, under the control of, or a national or resident of any such
country or on any such list, and (b) you are not located in or a national or
resident of Cuba, Iran, North Korea, Sudan, or Syria which list is subject to
update as required from time to time by law and regulation, or (c) you are
not restricted from receiving U.S. or U.K. goods; and that you will comply
with all applicable U.S. and U.K. export laws and host country import laws.
Indemnification
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Micro Focus Parties
from and against any and all claims, liabilities, damages, losses, costs,
expenses, or fees (including reasonable attorneys' fees) that such parties
may incur as a result of or arising from violation of these Website Terms of
Use by You or anyone using Your account. We reserve the right to assume the
exclusive defense and control of any matter subject to indemnification by You
and, in such case, You agree to cooperate with Our defense of such claim.
Electronic Communications
ELECTRONIC COMMUNICATIONS
When You visit Our Website or send e-mails to Us, You are communicating with
Us electronically. We may respond to You by e-mail or by posting notices on
Our Website. You agree that all such notices, disclosures, and other
communications that We provide to You electronically satisfy any legal
requirement that such communications be in writing.
Entire Agreement
ENTIRE AGREEMENT
These Website Terms of Use, together with any additional terms to which You
agree when using particular elements of Our Website, constitute the entire
and exclusive and final statement of the agreement as between You and Us with
respect to the subject matter hereof, superseding any prior agreements or
negotiations between You and We with respect to the same. The Micro Focus
Parties are third party beneficiaries with respect to the provisions in these
Website Terms of Use that reference them.
Governing Law and Venue
GOVERNING LAW AND VENUE
These Website Terms of Use and disputes arising hereunder will be governed by
and construed and interpreted in accordance with the Laws of the State of
Delaware without giving effect to the principles of conflicts of law thereof.
You and We irrevocably and unconditionally (i) consent to venue in the State
of Delaware and to the exclusive jurisdiction of the state and federal courts
in Delaware and (ii) waive any claims of forum non conveniens with respect to
such venue. The United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transactions Act do not
apply to these Website Terms of Use.
Dispute Resolution
DISPUTE RESOLUTION
The procedures set forth in this Article will apply to any dispute,
controversy or claim, whether in contract, tort or otherwise, arising out of
or relating hereto ("Dispute") and will be the sole and exclusive procedures
in connection with any such Dispute. You and We irrevocably waive any right
to commence any action in or before any governmental authority, except as
expressly provided in these Website Terms of Use, and except to the extent
provided under the U.S. Federal Arbitration Act, in the case of judicial
review of arbitration results or awards. EXCEPT AS EXPRESSLY PROVIDED, YOU
AND WE IRREVOCABLY WAIVE ANY RIGHT TO ANY TRIAL IN A COURT THAT WOULD
OTHERWISE HAVE JURISDICTION OVER ANY DISPUTE.
Except as provided below, all Disputes shall be resolved through mandatory
and binding arbitration. The arbitration shall take place in Santa Clara
County, State of California before a single arbitrator. The arbitration shall
be administered by JAMS pursuant to its Comprehensive Arbitration Rules and
Procedures and in accordance with the Expedited Procedures in those Rules.
Award may be entered in any court having jurisdiction. This clause shall not
preclude Us from seeking equitable remedies as set forth below. The
prevailing party in any legal proceeding shall recover its expenses in
connection therewith, including reasonable attorney's fees. Except as
required by applicable Law, the existence, content and result of all Dispute
resolution proceedings will be confidential and will not be disclosed (other
than to the extent required to enforce any agreement or award). You and We
will each request that the arbitrator comply with such confidentiality
requirement.
You acknowledge that, in the event You breach (or attempt or threaten to
breach) Your obligations regarding Our intellectual property, We may be
irreparably harmed and may proceed immediately to seek equitable relief from
any court of competent jurisdiction. If a court of competent jurisdiction
should find that You have breached (or attempted or threatened to breach) any
such obligations, You agree that, without any additional findings of
irreparable injury or other conditions to injunctive relief, You will not
oppose the entry of an appropriate order compelling Your performance and
restraining You from any further breaches (or attempted or threatened
breaches).
Forward-Looking Statements Disclaimer
FORWARD-LOOKING STATEMENTS DISCLAIMER
Our Websites contain forward-looking statements that are subject to
assumptions, risks and uncertainties associated with, among other items, the
changing economic and business conditions in the countries, sectors and
business segments in which We operate. These forward-looking statements
involve a number of known and unknown risks and uncertainties, e.g., numerous
assumptions regarding Our present and future business strategies and the
environments in which We operate. They are not guarantees and may prove
inaccurate. Actual outcomes could differ materially from those expressed or
implied in these forward-looking statements. Please do not place undue
reliance on these forward-looking statements. We disclaim any obligation to
update or revise any of them, whether as a result of new information, future
events or otherwise except as required by any applicable laws or regulations.
Miscellaneous
MISCELLANEOUS
Our failure to exercise or enforce any right or provision of these Website
Terms of Use shall not constitute a waiver of such right or provision. If any
provision of these Website Terms of Use is found by a court of competent
jurisdiction to be invalid, You nevertheless agree that the court should
endeavor to give effect to the intentions reflected in the provision, and
that the other provisions of these Website Terms of Use remain in full force
and effect. The section titles in these Website Terms of Use are for
convenience only and have no legal or contractual effect. These Website Terms
of Use shall remain in full force and effect notwithstanding any termination
of Your use of Our Website. These Website Terms of Use will be interpreted
without application of any strict construction in favor of or against You or
Us. These Website Terms of Use, and any rights and licenses granted
hereunder, may not be transferred or assigned by You, but may be assigned by
Us without restriction.
California Consumer Notice
CALIFORNIA CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users are entitled to
the following consumer rights notice:
* Our Website is provided by Micro Focus International plc and/or its group
companies. If You have a question or complaint regarding Our Website,
please contact us, including as much detail as possible, by writing to:
Micro Focus
Attn: Compliance Officer
The Lawn
22-30 Old Bath Road
Newbury
Berkshire, RG14 1QN
United Kingdom
compliance@microfocus.com
* California residents may reach the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer
Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by
telephone at (916) 445-1254 or (800) 952-5210 or TDD (800) 326-2297 or TDD
(916) 322-1700.
We May Modify these Website Terms of Use
WE MAY MODIFY THESE WEBSITE TERMS OF USE
We may, in Our sole and absolute discretion, change these Website Terms of
Use (including any other documents that are referenced in or linked to from
these Website Terms of Use) from time to time. We will post notice of such
changes on Our Website as applicable. If You object to any such changes, Your
sole recourse shall be to cease using Our Website. Continued use of Our
Website following notice of any such changes shall indicate Your
acknowledgement of such changes and agreement to be bound by the terms and
conditions of such changes. Certain provisions of these Website Terms of Use
may be superseded by expressly-designated legal notices or terms located on
particular pages of Our Website and, in such circumstances, the
expressly-designated legal notice or term shall be deemed to be incorporated
into these Website Terms of Use and to supersede the provision(s) of these
Website Terms of Use that are designated as being superseded.
* Privacy and Cookie Notice
Cookies
PRIVACY AND COOKIE NOTICE
COOKIES
For more information about our use of cookies please see our Cookie Notice.
Introduction
PRIVACY NOTICE
1. INTRODUCTION
This Privacy Notice provides information on the collection, use, sharing and
processing of personal information by Micro Focus and its affiliates ("we" or
"us") in connection with your use of Micro Focus website, social media pages
that link to this Privacy Notice, your interactions with Micro Focus during
in-person meetings or at Micro Focus events, and in the context of other
offline sales and marketing activities. This Privacy Notice also explains the
choices you have in relation to these processing activities.
This Privacy Notice can change over time, for example to comply with legal
requirements or to meet changing business needs. The most up-to-date version
can be found on this website. In case there is an important change that we
want to highlight to you, we will inform you in another way (for example via
a pop-up notice or statement of changes on our website).
As used in this Privacy Notice, "personal information" or "personal data"
means information that relates to an identifiable individual. For example,
this could include among other things your name, address, email address,
business contact details, or information gathered through your interactions
with us via our website or at events. Our terms of use can be found here.
Scope
2. SCOPE
This Privacy Notice applies to the processing of personal information by
Micro Focus of:
* Visitors and users of the Micro Focus website, and our social media that
links to this Privacy Notice;
* Attendees of Micro Focus events;
* Customers and prospective customers and their representatives;
* Subscribers of Micro Focus marketing information;
* Suppliers, business partners and their representatives.
Who is responsible for your personal information?
3. WHO IS RESPONSIBLE FOR YOUR PERSONAL INFORMATION?
Micro Focus and its affiliated entities are responsible for processing your
personal information described in this Privacy Notice.
Which types of personal information do we process and from which sources?
4. WHICH TYPES OF PERSONAL INFORMATION DO WE PROCESS AND FROM WHICH SOURCES?
Micro Focus can process information about you collected both offline and
online.
Offline information about you originates from our interactions with you
during in-person meetings or at Micro Focus events, conferences and
workshops.
Online information about you originates from your activities on our website,
for example, in relation to inquiries or subscription to information, or from
your interactions with Micro Focus via electronic communication tools such as
email, text and telephone. Information about you may also be provided by
third party sources, such as data aggregators who may not have a relationship
with you, but you have consented for your information to be shared.
Online information about you may also originate from the use of cookies and
similar technologies for example, pixel tags and device identifiers on our
sites or sites of third parties.
Information about you that Micro Focus may collect and process includes:
* name and address, email addresses and contact numbers;
* demographic attributes, when tied to personal information that identifies
you;
* photographs and testimonials;
* transactional data, including products and services received, financial
details and payment methods;
* company data such as the name, size and location of the company you work
for and your tole within the company;
* data from surveys and publicly available information, such as social media
posts;
* unique IDs such as your mobile device identifier or cookie ID on your
browser;
* IP address and information that may be derived from IP address, such as
geographic location;
* information about a device you use, such as browser, device type,
operating system, the presence or use of "apps", screen resolution and the
preferred language;
* behavioural data of the internet connected computer or device you use when
interacting with the website and social media sites, such as
advertisements clicked or viewed, website content areas, date and time of
activities or the web search used to locate and navigate to our website.
Please note that Micro Focus does not control the content that you may post
to Micro Focus on social media networks; in some cases, such content may be
publicly available on the Internet. You should carefully consider whether you
wish to submit personal information to these networks and whether you wish to
make your profile available to other users, and you should tailor any content
you may submit accordingly.
Why and how do we use your personal information?
5. WHY AND HOW DO WE USE YOUR PERSONAL INFORMATION?
Micro Focus will use personal information for the following purposes:
* to communicate and respond to your requests and inquiries to Micro Focus;
if you get in touch with us (such as by submitting contact forms on our
website, attending Micro Focus events or other occasions, sending an email
or by visiting social media platforms), we process information about you
to communicate with you and to respond to your requests or other
inquiries. We can also process personal information to interact with you
on third party social networks.
* to deliver functionality on our website and for their technical and
functional management;
When you choose to register with us, we need to process the personal
information provided by you so that we can manage your personal requests
for information and respond to inquiries.
* to administer subscriptions to services and information;
If you subscribe to marketing information about our products and services,
we process information about you to administer your subscription.
* to market our products and services or related products and services, and
to tailor our marketing and sales activities to your or your company's
interests;
Micro Focus may use information about you to notify you about new product
releases and service development, events, alerts, updates, prices, terms,
special offers and associated campaigns and promotions. Micro Focus may
also use personal information to advertise our products and services or
related products and services, and also to have our distributors,
resellers or partners notify you about our products or services. We do our
best to tailor your website visit, marketing experience and our
communications to your expressed interests.
If you attend an event, Micro Focus may process information about you
gathered in relation to the event and can share information about your
attendance with your company. Micro Focus also permit designated event
partners or conference sponsors to send you communications related to your
event attendance. Please note that our partners or conference sponsors may
directly request information about you at their conference booths or
presentations, and their use of your information that you provide to them
will be subject to their Privacy Notices or Privacy Policies.
We may also process your personal information to post testimonials on our
website, but will first obtain your consent to use your name and
testimonial.
* to engage in transactions with customers, suppliers and business partners
and to process orders for Micro Focus products and services;
If you receive any products or services, or if you provide services to
Micro Focus, our employees, customers or partners as a supplier or
business partner, Micro Focus processes information about you to engage in
and administer the relevant transactions (such as by sending invoices and
making payments), administer your service, and help you get started and
adopt our products and services.
* to analyze, develop, improve and optimize the use, function and
performance of our website and products and services;
We may process personal information in order to analyze, develop, improve
and optimize the use, function and performance of our website and products
and services, as well as marketing and sales campaigns.
* to manage the security of our website, networks and systems;
We may collect site use data security and operations management to help
keep our website, networks and systems secure, or to investigate and
prevent potential fraud and cyber-attacks.
* to comply with applicable laws and regulations and to operate our
business.
In some cases, we have to process personal information to comply with
applicable laws and regulations. For example, to respond to a request from
a regulator or to defend a legal claim. We may also process personal
information in the performance and operation of our business, such as to
conduct internal audits and investigations or for finance and accounting
and archiving and insurance purposes.
What is our basis for processing information about you?
6. WHAT IS OUR BASIS FOR PROCESSING INFORMATION ABOUT YOU?
For personal information collected about you in the EU (to include the UK),
our basis for processing is the following:
* In order to communicate adequately with you and to respond to your
requests, we need to process information about you and therefore have a
legitimate interest in processing this information.
* In order to engage in transactions with customers, suppliers and business
partners, and to process purchases of our products and services, we need
to process information about you as necessary to enter into and/or perform
a contract with you.
* In order to conduct human resource administration to include assessing
suitability, eligibility and/or fitness to work, it is necessary to take
action before entering into a contract to ensure contractual obligations
can be fulfilled.
* We process personal information for marketing and sales activities based
on your consent where so indicated on our website at the time your
personal information was collected, or further to our legitimate interest
to market and promote our products and services.
* We rely on our legitimate interest to analyze, develop, improve and
optimize our website, products and services, and to maintain the security
of our website, networks and systems.
* We rely on our legitimate interest to use CCTV services to ensure our
facilities and offices and its stored data is securely monitored.
* In order to comply with our legal obligation to process and respond to
complaints.
* In order to comply with our legal obligation with applicable laws and
regulations, such as to comply with a court order/subpoena or other legal
process, or to process an opt-out request.
For what period do we retain personal information
7. FOR WHAT PERIOD DO WE RETAIN PERSONAL INFORMATION
Micro Focus maintains personal information for the following retentions
periods:
* Information about you we collect to engage in transactions with our
customers, suppliers and business partners, and to process purchases of
our products and services, will be retained for the duration of the
transaction or services period, or longer as necessary for record
retention and legal compliance purposes.
* If you have registered with us to receive marketing information, your
personal information will be retained for as long as you maintain an
active subscription to our distribution lists.
* Contact information such as your email address or phone number collected
online on our website or offline from our interactions with you at Micro
Focus events and conferences, and used for direct marketing and sales
activities will be retained for as long as we have an active (customer)
relationship with you. We treat you as an active contact if (i) you have
interacted with Micro Focus or updated your contact details and
preferences in the past 18 months; and (ii) you have not made a deletion
request.
When and how can we share your personal information?
8. WHEN AND HOW CAN WE SHARE YOUR PERSONAL INFORMATION?
As a global organisation, information about you may be shared globally
throughout the Micro Focus worldwide organisation. Micro Focus employees are
authorised to access personal information only to the extent necessary to
serve applicable purposes in order to perform their job functions.
We share personal information with the following third parties:
* Third-party service providers (for example, credit card processing
services, analytics, event/campaign management, information technology and
related infrastructure provision, auditing and other similar service
providers), in order for those service providers to perform business
functions on behalf of Micro Focus;
* Third-party advertising partners such as Google Ads, in order to provide
you with relevant advertisements when you visit non-Micro Focus websites
within their network.
For more information about interest-based ads, or to opt-out of having
your web browsing information used for behavioral advertising purposes,
please visit www.aboutads.info/choices.
* Micro Focus resellers for further follow-up related to your interests,
specific partners that offer services or with third parties to facilitate
interest-based advertising;
* Relevant third-parties in the event of a reorganisation, merger, sale,
joint venture, assignment, transfer or other disposition of all or any
portion of our business;
* As required by law, such as to comply with a court order (subpoena) or
other legal process, when we believe in good faith that disclosure is
necessary to protect our rights, protect your safety or the safety of
others, investigate fraud, or respond to Government requests, including
public and Government authorities outside your country of residence, for
national security and/or law enforcement purposes.
When third parties are given access to personal information, we will take
appropriate contractual, technical and organisational measures designed to
ensure that personal information is processed only to the extent that such
processing is necessary, consistent with this Privacy Notice, and in
accordance with applicable laws.
How is personal information handled globally?
9. HOW IS PERSONAL INFORMATION HANDLED GLOBALLY?
Micro Focus is a global organisation with operations in over 40 countries ?
personal information is processed globally. If personal information is
transferred to a Micro Focus recipient in a country that does not provide an
adequate level of protection for personal information, Micro Focus will take
measures designed to adequately protect information about you, such as
ensuring that such transfers are subject to the terms of the EU Model
Clauses.
How is your personal information secured?
10. HOW IS YOUR PERSONAL INFORMATION SECURED?
Micro Focus has implemented appropriate technical, physical and
organisational measures designed to protect personal information against
accidental or unlawful destruction or accidental loss, damage, alteration,
unauthorised disclosure or access, as well as all other forms of unlawful
processing.
What are your choices?
11. WHAT ARE YOUR CHOICES?
We provide multiple choices in respect of the information we process about
you:
* Opt-in for our use of your personal information
You may opt in to receive marketing information from Micro Focus, and in
addition withdraw consent you have previously provided for the processing
of information about you, including for email marketing by Micro Focus.
* Delete personal information
You can ask us to erase or delete all or some of the information about you
that we process.
* Change or correct personal information
You can ask us to change, update or fix information about you in certain
cases, particularly if it is inaccurate.
* Object to, or limit or restrict use of personal information
You can ask us to stop using all or some of the information about you or
to limit our use of it, for example, if the information about you is
inaccurate.
* Right to be informed
This Privacy Notice, together with our Cookies Policy, fulfils our
obligation to tell you about the ways in which we use your information as
a result of you using this website.
* Right to access and/or have your information provided to you
You can ask us for a copy of your information that we process about you.
* Right to data portability
You can ask us to move, copy or transfer the electronic personal data that
we hold about you to another organisation.
* Rights related to automated decision-making
You can object to automated decision making without any individual
involvement, and to the profiling of your data.
To can exercise your choices by contacting privacy@microfocus.com.
Notice regarding the sale of your personal information under the California
Consumer Privacy Act (CCPA) 2018
12. NOTICE REGARDING THE SALE OF YOUR PERSONAL INFORMATION UNDER THE
CALIFORNIA CONSUMER PRIVACY ACT (CCPA) 2018
We may disclose (but not sell) to a third party personal information that
identifies, relates to, describes, is capable of being associated with, or
could reasonably be linked, directly or indirectly, with a particular
consumer.
You have the right under the CCPA, as applicable, to opt-out of the sale or
disclosure of your personal information. If you exercise your right to
opt-out of the disclosure of your personal information, we will refrain from
disclosing your personal information, unless you subsequently provide express
authorization for the disclosure of your personal information, or we have a
legal obligation to disclose your information.
Do you collect sensitive information and information from children?
13. DO YOU COLLECT SENSITIVE INFORMATION AND INFORMATION FROM CHILDREN?
As a company focused on serving the needs of businesses, Micro Focus's
website is not directed to minors and Micro Focus does not promote or market
its services to minors. If you believe that we have mistakenly or
unintentionally collected personal information of a minor through our website
please notify us at privacy@microfocus.com.
Is processing of information likely to cause individuals to object or
complain?
14. IS PROCESSING OF INFORMATION LIKELY TO CAUSE INDIVIDUALS TO OBJECT OR
COMPLAIN?
Micro Focus is not aware of any justifiable reasons that would constitute a
legitimate reason for objecting or complaining about the way we process or
control information.
Questions and comments
15. QUESTIONS AND COMMENTS
Questions and comments regarding this Privacy Notice are welcomed, and should
be sent to privacy@microfocus.com.
Alternatively, you can write to our Privacy Team at the corporate
headquarters address listed in section 16 below.
Micro Focus Corporate Headquarters
16. MICRO FOCUS CORPORATE HEADQUARTERS
Micro Focus's corporate headquarters are located at:
Micro Focus
The Lawn
22-30 Old Bath Road
Newbury, Berkshire, RG14 1QN
United Kingdom
Micro Focus LLC
4555 Great America Parkway, Ste 400
Santa Clara, CA 95054
United States of America
COVID-19 notice to onsite visitors and contractors
17. COVID-19 NOTICE TO ONSITE VISITORS AND CONTRACTORS
In light of the current situation regarding COVID-19, our priority is to
maintain a safe and healthy working environment for our employees,
contractors, and visitors. If you are visiting any Micro Focus premises in
the foreseeable future, you may be asked to complete a COVID-19 symptom
self-declaration form and/or take part in a temperature check (if local
directives so require) before being permitted entry to the premises.
As part of these procedures, the information we may collect includes:
(a) in respect of the self-declaration: personal identification information
(including your name, employer, email address and telephone number) and
confirmation that, in the 21 days prior to your visit, you have or have not
experienced any symptoms consistent with COVID-19, and are or are not aware
of having been in contact with any individual that has presented any symptoms
consistent with COVID-19; and
(b) in respect of the temperature check: your temperature reading by way of
thermal forehead screening.
Temperature checks
If temperature checks are implemented by Micro Focus, your temperature
reading will not be recorded or stored by Micro Focus, will not be
attributable to you in any way and will only be used by Micro Focus personnel
to determine whether your temperature reading falls within the requirements
to permit access to Micro Focus premises. The thermal screening will be
carried out safely, discretely, and respectfully and in accordance with local
requirements. The reading will be securely deleted following the
determination relating to your access.
COVID-19 self-declarations
If written self-declarations are implemented by Micro Focus, we will only
collect and process the data you provide in order to determine whether you
can access the relevant Micro Focus premises.
Micro Focus is processing data (including health related data) in respect of
these two procedures in order to protect the health and wellbeing of our
employees and to keep our premises safe for all attending individuals. This
is necessary to ensure we comply with our employment law obligations, but
also for reasons of public interest in the area of public health, such as
protecting against serious cross-border threats to health (as permitted by
Article 9(2)(i) of the EU General Data Protection Regulation).
The self-declaration forms will be electronically stored centrally and
securely, and will only be retained for as long as is necessary (depending on
the duration of your visit) to maintain a safe working environment, taking
into account local government advice and ongoing risks. Thereafter, the data
will be securely deleted by way of shredding as soon as reasonably practical
and, in any event, within 22 days of the end of your visit (or series of
visits). The data will not be shared with any third party.
Please note that if you do not wish to comply with these procedures, or if
your temperature result and/or declaration does not meet the relevant
requirements, in the interests of the health and safety of our office you
will politely be asked to leave the Micro Focus premises and should inform
your Micro Focus contact directly that you are unable to attend.
Please refer to sections 1-16 for further details about our collection and
processing of personal data in the context of our day to day business
activities, your rights in respect of the information we process, our company
details (as a data controller) and how to contact our Privacy Team if you
have any questions.
* Code of Conduct
Code of Conduct
CODE OF CONDUCT
This Code of Conduct replaces the Standards of Business Conduct and The
Worldwide Code of Business Conduct and Ethics.
Download PDF >
* Anti-Slavery
Introduction
ANTI-SLAVERY
ANTI-SLAVERY STATEMENT
Micro Focus International Plc makes this anti-slavery and human trafficking
statement, as required by section 54(1) of the Modern Slavery Act 2015,
setting out the actions that Micro Focus took during the financial year ended
31 October 2021, to ensure that slavery and human trafficking are not taking
place in any of our supply chains or in any part of our business globally.
INTRODUCTION AND PURPOSE
This statement is made pursuant to section 54(1) of the Modern Slavery Act
2015 (the “Modern Slavery Act”) and describes the steps that Micro Focus took
during its financial year ended 31 October 2021 to tackle modern slavery
risks in our business and supply chains. Our efforts in this area represent a
key component of our wider environmental, social & governance (“ESG”)
commitments.
For the purposes of this statement, the definition of modern slavery is based
on the definitions set out in the Modern Slavery Act 2015 and includes, but
is not limited to, slavery, servitude, forced labour, child labour, human
trafficking, and workplace abuse.
This statement was approved by Micro Focus International Plc's Board of
Directors on 30 March 2022 and is published on behalf of Micro Focus
International Plc and its qualifying group companies. References to "Micro
Focus", "we", "us", "our" or the "company" are to each of these entities.
Overview of Micro Focus
1. OVERVIEW OF MICRO FOCUS
Micro Focus (LSE: MCRO, NYSE: MFGP) is one of the world´s largest enterprise
software companies with an annual revenue of $2.9 billion. We help our
customers achieve key outcomes so they can run and transform their business.
Micro Focus is headquartered in Newbury (United Kingdom) and the group has a
presence in 48 countries worldwide, employing over 11,000 people. For more
information visit www.microfocus.com.
Our Purpose
Micro Focus’ purpose is to deliver mission-critical enterprise software that
powers the digital economy. Our aim is to put sustainability and
responsibility at the core of the way we operate. We continue to make
progress in this area for the benefit of our stakeholders. Our new ESG
committee was launched in the summer of 2021 with the goal of ensuring we
continue to embed ESG in the core of our operations and we continue to make
improvements in this area.
Our Business
Micro Focus is a software company with a professional workforce. We operate
in a manner and sector in which we do not consider our employees to be at a
high-risk of slavery, servitude, forced labour, child labour, human
trafficking, or workplace abuse.
In relation to our supply chains, we do not run a business involving
intensive manual labour, nor do we operate any manufacturing facilities. Our
supply chain broadly consists of contract and outsourced workers (mostly
professional consultants), telephone-based support services and suppliers of
goods and other services for our offices, such as stationery suppliers,
caterers, office cleaners and marketing merchandise.
We are committed to acting ethically and with integrity in all our business
relationships and to implementing and enforcing effective systems and
controls to help ensure slavery, forced labour and human trafficking does not
take place anywhere in our business, distribution, or supply chains.
Our operations are historically mainly office-based although, due to the
COVID-19 pandemic, 97% of our staff transitioned to home working and Micro
Focus continues to operate a flexible working environment whereby up to 90%
of the workforce continue to work remotely.
Zero-tolerance of Modern Slavery
2. ZERO-TOLERANCE OF MODERN SLAVERY
Micro Focus remains committed to maintaining zero-tolerance of any form of
modern slavery in its business or supply chains. We operate a risk-based
approach which includes clearly informing our suppliers of Micro Focus'
obligations under the Modern Slavery Act and the ethical standards required
of them.
We also continuously review our practices, systems, and controls in relation
to our supply chains to further identify, assess and monitor potential risk
areas and identify ways to further mitigate the risk of slavery and human
trafficking occurring. For example, in view of the large, diverse, and
growing body of evidence of the human rights violations being perpetrated in
Xinjiang against the Uyghur Muslims, Micro Focus confirmed during the FY21
financial year that none of our vendors are registered in the region. See
section 5: Risk Assessment and Due Diligence for more information.
We include requests for information on modern slavery and our supply chains
in our Requests for Proposals. Some of the practices and controls that we
have implemented consist of:
• Including in Micro Focus' standard form purchase order terms express
obligations upon suppliers to comply with all applicable anti-modern slavery
laws and Micro Focus' Modern Slavery Statement;
• Providing our suppliers with our policies on preventing modern slavery and
requiring compliance in all parts of their business;
• Also requiring suppliers to take all reasonable steps to ensure that
slavery, servitude, human trafficking, forced labour and child labour do not
take place in their own supply chains; and
• Requiring suppliers to immediately notify Micro Focus if they become aware
of any such circumstances.
Our Principles and Governance
3. OUR PRINCIPLES AND GOVERNANCE
At Micro Focus, behaving responsibly as an organisation (including preventing
any type of slavery and human trafficking), both internally for our employees
and externally within the marketplace, communities, and environment, is a
fundamental principle for our operations around the globe.
We are proud of Micro Focus INSPIRE, our company wide ESG programme, which
covers every aspect of the organisation, including how we manage
relationships with employees, suppliers, customers, and local communities.
Micro Focus has an ISS quality score rating of “1” in ISS ESG’s social
category, which is the highest social rating, with the category covering all
relevant environmental, social, and governance related topics. Micro Focus
also holds ISS Prime Status because of us fulfilling ambitious absolute
performance requirements, demonstrating the value we place on our people and
their wellbeing.
Social responsibility and respect for human rights are core values at Micro
Focus and shape our behaviours, decision-making, and culture. Our
partnerships and employee volunteering programmes focus on learning and
upskilling for our communities and employees globally, and include digital,
lifelong learning and wellbeing skills.
We believe that communities should be equipped with the right skills to
survive and thrive in our continually evolving digital future. From helping
to provide basic education in developing countries and nurturing digital
skills in advanced economies, to social mobility, inclusion and diversity,
our aim is to ensure that no one is left behind. An example of our outreach
activities is Micro Focus INSPIRE India, which has helped nurture and enrich
the lives of thousands of schoolchildren and students, helping many stay
digitally connected to continue their education during COVID-19 lockdowns,
and ensuring hundreds from deprived communities are supported with the right
skills to thrive in their digital futures.
All these initiatives should help those communities to have access to
professional jobs so that slavery and human-trafficking is less likely.
Micro Focus’ Board of Directors is committed to driving and supporting a
culture of ethical behaviours, which reduces the risk of any slavery and
human-trafficking happening at Micro Focus or in its supply chains.
Consistent with the UK Corporate Governance Code, which applies to us as a
UK-incorporated company listed on the London Stock Exchange, the Board
ensures that workforce policies and practices are in line with the company’s
values, support our long-term sustainable success, and enable our workforce
to raise any matters of concern. The Board also continuously assesses and
monitors the company's culture and, should it have concerns, would seek
assurance that management has taken corrective action.
For more information on our ESG initiatives, please see the ESG page of our
external-facing website here.
Anti-Slavery and Human Trafficking, and Related Policies
4. ANTI-SLAVERY AND HUMAN TRAFFICKING, AND RELATED POLICIES
The following policies, all of which are available on our internal intranet
for our employees, as well as on our external-facing website or on request,
are in place at Micro Focus to minimise the slavery or human trafficking risk
in all parts of our business and supply chains:
Code of Conduct
Micro Focus' worldwide Code of Conduct outlines our commitment to observing
the highest ethical standards to guide our business practices across several
areas, including in relation to human rights. It states that we must protect
and respect human rights and work with our business partners and suppliers to
do the same.
The Code of Conduct contains the following key obligations on employees
relating to the prevention of slavery and human trafficking:
• Ensure that slavery, servitude, child labour, prison or forced labour,
human trafficking and physical punishment do not occur in any operation of
Micro Focus or our suppliers and other business partners;
• Comply with the Micro Focus Anti-Slavery and Human Trafficking Policy;
• Respect the right of employees to organise in labour unions and
collectively bargain in accordance with local laws and established practices;
and
• Speak up if employees are concerned about any possible violation of human
rights at Micro Focus.
The Code of Conduct has been communicated to all our employees (including
through annual, dedicated online training). It is also reviewed regularly,
with the last review taking place during the FY21 financial year.
Anti-Slavery and Human Trafficking Policy
Our Anti-Slavery and Human Trafficking Policy confirms and describes our
zero-tolerance approach to slavery and human trafficking and states that
modern slavery is a crime and a violation of fundamental human rights. It
sets out that we are committed to ensuring there is transparency in our own
business and in our approach to tackling modern slavery in our own supply
chain. The Anti-Slavery and Human Trafficking Policy applies to everyone
working for or on behalf of Micro Focus in any capacity (including staff
members, directors, officers, agency workers, seconded workers, volunteers,
interns, agents, contractors, external consultants, third party
representatives, and business partners) and encourages employees to report
any concerns immediately.
Global Human Rights Policy
Micro Focus’ Global Human Rights Policy confirms that respecting human rights
is a core value at Micro Focus and is embedded in the way we do business.
Micro Focus requires compliance with relevant legislation as well as to
uphold and respect human rights as reflected in the United Nations Universal
Declaration of Human Rights, the OECD Guidelines for Multinational
Enterprises, the UN Global Compact and the UN Guiding Principles on Business
and Human Rights, amongst others.
These standards include ensuring that the rights of women and minority groups
are protected and that employees can exercise their right to freedom of
expression. We expect our employees, agents, suppliers, and business partners
to support and respect the protection of human rights in line with our own
ethical values and apply the same high standards to all company operations,
regardless of geographic location.
Supplier Code of Conduct
Our relationships with our suppliers are required to be fully transparent,
ethical and in line with the standards expected of our own employees. To this
end, we have a Supplier Code of Conduct, which sets out the standards which
we require of our suppliers in relation to issues such as slavery, human
trafficking, forced labour and child labour, which is implemented across the
Micro Focus group worldwide.
The Supplier Code of Conduct requires suppliers to comply with the Modern
Slavery Act, the commitments in this Anti-Slavery and Human Trafficking
statement, and the Anti-Slavery and Human Trafficking Policy, as updated from
time to time in order to ensure that slavery, servitude, human trafficking,
forced or compulsory labour and/or child labour do not take place in their
own supply chains or in any part of their business. Suppliers are also
required to make all necessary enquiries with their own suppliers and, to the
extent reasonable, other parties in the supply chain.
Anti-Bribery and Anti-Corruption Policy
Micro Focus’ Anti-Bribery and Corruption Policy requires that our business is
conducted in an ethical, legal, and responsible manner, consistent with our
zero-tolerance of slavery and human trafficking in all forms.
Whistleblowing Policy
Our Whistleblowing Policy encourages a culture of openness and transparency
across the business so that staff and our suppliers can speak up where they
feel our people and customers are at risk, or where areas of wrongdoing have
been identified or are suspected. For the purposes of the Whistleblowing
Policy, “wrongdoing” includes endangering the health and safety of any
individual and a breach of the Code of Conduct and the rest of our policies.
The Whistleblowing Policy explains how to raise a concern, including by staff
speaking to their manager, their manager’s manager, or relevant head of
department. Staff and suppliers can also contact the Micro Focus Legal
Department or, if anonymity is preferred, use an independent telephone and
web reporting service (currently http://www.microfocus.com/speakup.
Risk Assessment and Due Diligence
5. RISK ASSESSMENT AND DUE DILIGENCE
Risk Assessment
Everyone at Micro Focus is encouraged to remain mindful of any slavery and
human trafficking risks that may face the company, and to report and concerns
using the appropriate channels immediately. As set out above, following the
allegations of human rights violations against Uyghurs Muslim minorities
taking place in the Xinjiang region of China, in February 2021 Micro Focus
performed an assessment of suppliers in our procurement system to ascertain
whether any had links to the Xinjiang region. As a result of this exercise,
we were able to confirm that we do not have any suppliers with a registered
office in this region.
Due Diligence
At Micro Focus, we aim to be a company with the highest level of ethical
standards in how we treat our employees and do business with our partners,
customers and suppliers. In pursuit of this aim, we implement and enforce
rigorous standards in our relationships with our suppliers, customers and
partners and apply stringent due diligence requirements when entering into
any new association to prevent inappropriate, illegal or corrupt behaviours
or activities. For example, we screen prospective business partners to ensure
that there are no red flags associated with the relevant partner from a
compliance or modern slavery perspective.
Training and Awareness Raising
6. TRAINING AND AWARENESS-RAISING
Information on the importance of avoiding modern slavery and our own policies
and procedures in this area is specifically included in our Code of Conduct
annual online training. In 2021, we conducted our annual Code of Conduct
training, which is mandatory for all employees, including our Sales,
Marketing, Legal, Procurement and Finance teams. The training addresses how
to avoid any form of slavery and human trafficking, and it includes a test at
the end which all employees are required to pass in order to complete the
training. It is also available in the following languages to ensure easy
accessibility: Chinese, Dutch, English, French, Italian, Japanese,
Portuguese, Russian and Spanish.
The Code of Conduct training repeats the message that Micro Focus is
committed to acting ethically and with integrity in all its business
relationships. It states that slavery includes forced labour, human
trafficking and bonded labour (when people borrow money they cannot repay and
are required to work to pay off the debt). It sets out that slavery has no
place anywhere in our business or supply chains and provides a link to this
statement and the Anti-Slavery and Human Trafficking Policy.
Responsibility, Monitoring, and Reporting
7. RESPONSIBILITY, MONITORING, AND REPORTING
Responsibility and Monitoring
The Board of Micro Focus International Plc has overall responsibility for
ensuring that the Micro Focus worldwide Code of Conduct and this statement
comply with our legal and ethical obligations and that all those under Micro
Focus' control comply with it.
Our Chief Legal Officer, supported by the Legal Corporate Compliance and
Ethics team, has primary and day-to-day responsibility for monitoring the
Code of Conduct and this statement's use and effectiveness. The Legal
Corporate Compliance and Ethics team is also assisted by the wider Legal,
ESG, Human Resources, Finance and Global Procurement teams in ensuring our
compliance with both the letter and spirit of the Modern Slavery Act and this
statement.
Reporting
To date, Micro Focus has not identified or received any reports that it has
caused or contributed to slavery or human trafficking. Should any issues be
identified in relation to slavery or human trafficking, we have appropriate
processes in place throughout the company to enable remediation including, as
set out above, Micro Focus’ Whistleblowing Policy and related whistleblowing
telephone and web reporting service (https://www.microfocus.com/speakup).
Next steps
8. NEXT STEPS
Micro Focus will continue to review the effectiveness of the steps we are
taking to ensure the risks of modern slavery and human trafficking in our
business, operations and supply chain remain low. Where necessary, we will
aim to improve any policies, procedures and systems that are already in
place.
Approved by the Board of Micro Focus International Plc on: 30 March 2022
Signature:
Name: Stephen Murdoch
CEO
* Marketplace Terms of Service
MICRO FOCUS MARKETPLACE END USER PARTICIPATION TERMS
MARKETPLACE TERMS OF SERVICE
MICRO FOCUS MARKETPLACE END USER PARTICIPATION TERMS
These MICRO FOCUS MARKETPLACE END USER PARTICIPATION TERMS ("Participation
Terms") are a legal contract between you and, as applicable, Micro Focus
International plc or one of its group companies or affiliates ("Micro Focus")
and apply to your use of a Micro Focus marketplace (the "Marketplace") and
your use of applications made available in the Marketplace (each, an
"Application"). These Participation Terms are effective beginning with your
initial use of the Marketplace.
INTRODUCTION
1. INTRODUCTION: Before accessing the Marketplace or any Application,
carefully read these Participation Terms which are in addition to the Micro
Focus Website Terms of Use set forth at www.microfocus.com/about/legal
("Website Terms of Use"). To the extent there is any conflict between these
Participation Terms and the Website Terms of Use, these Participation Terms
shall control. The licensor of each Application (the "Application Provider")
is either Micro Focus or a third-party licensor. The Application Provider
licenses the Application to you, the original end user, either for free or
for a charge, solely for your organization's internal purposes as set forth
below and subject to the applicable end user license agreement. Your use of
each Application that you download through the Marketplace is governed by the
terms of the End User License Agreement specified by the Application Provider
(the "EULA").
Where Micro Focus is the Application Provider, the license to the Application
is governed by the Micro Focus EULA found at
www.microfocus.com/en-us/legal/software-licensing, effective beginning with
your initial use of that Application. Please note that Micro Focus has
authorized third parties to contribute Applications of such third parties to
the Marketplace and the use of that third-party Application is governed by
the terms and conditions specified by the third party rather than by the
Micro Focus EULA.
If you do not agree to these Participation Terms, you may not use, download
from, or otherwise access the Marketplace. Using, downloading, or otherwise
accessing any part of the Marketplace indicates that you accept these
Participation Terms. You must be at least 13 (thirteen) years of age to use
or access the Marketplace. If you are at least 13 but under the age of 18,
you must have your parent or legal guardian's permission to use or access the
marketplace.
LIMITED ROLE OF MICRO FOCUS
2. LIMITED ROLE OF MICRO FOCUS: Your agreement with each third-party
Application Provider is a binding agreement between you and that Application
Provider only. Such third party is solely responsible for the corresponding
Application, the content therein, any warranties to the extent that such
warranties have not been disclaimed, and any claims relating to that
Application. You acknowledge that, except in situations where Micro Focus is
the Application Provider, Micro Focus is not a party to the agreement between
you and the Application Provider. Micro Focus is not responsible for any
third-party Application, the content therein, or any warranties or claims
that you or any other party may have relating to that Application. You
further acknowledge and agree that, with respect to any Application for which
Micro Focus is not the Application Provider, Micro Focus is a third-party
beneficiary of the corresponding EULA and, in such capacity, has the right to
enforce such EULA against you.
PRICES AND TAXES
3. PRICES AND TAXES: Prices will be as set out on the Marketplace at the time
an order is submitted. Prices are exclusive of taxes, duties, and fees
(including installation, shipping, and handling) unless otherwise quoted.
INVOICES AND PAYMENT
4. INVOICES AND PAYMENT: You agree to pay all invoiced amounts at the time of
purchase. Micro Focus may suspend or cancel performance of open orders if You
fail to make payments when due. All sales are final.
RESTRICTIONS
5. RESTRICTIONS: You agree that Micro Focus and/or third parties own all
right, title and interest in and to the Marketplace as a whole and all
Applications as to which Micro Focus is the Application Provider (including
all patents, copyrights, trademarks and other intellectual property rights
relating thereto). Each Application is licensed for use only for a single
Micro Focus account, and you may not distribute or make the Application
available over a network or for use with multiple devices. You may not modify
or alter an Application or use it other than as expressly authorized by the
corresponding EULA; provided that, if applicable law permits you to copy or
modify the Application, then you may copy and modify the Application solely
to the extent, and for such purposes as, expressly permitted by applicable
law. You may not attempt to, or assist or encourage any other person or
entity to circumvent, disable or modify any security technology or software
that is part of the Application or specified by Micro Focus. Except as
expressly authorized herein or in such EULA, all rights in the Applications
are reserved by the Application Providers. You agree that you will not engage
in any activity that interferes with or disrupts the Marketplace or services
available through Applications you have downloaded. You further agree that
you will not use any Applications you download to interfere with or otherwise
disrupt any servers, networks, websites or services.
MICRO FOCUS HAS THE RIGHT TO MODIFY, CHANGE OR TERMINATE YOUR USE OF THE
MARKETPLACE OR APPLICATIONS FOUND IN THE MARKETPLACE
6. MICRO FOCUS HAS THE RIGHT TO MODIFY, CHANGE OR TERMINATE YOUR USE OF THE
MARKETPLACE OR APPLICATIONS FOUND IN THE MARKETPLACE: Micro Focus reserves
the right, at its sole discretion and at any time, to add, remove, disable
access to, block, or modify the Marketplace or to impose limits on the use of
or access to certain features or portions of the Marketplace. In the event
Micro Focus determines in good faith that it is appropriate to do so, due to
changes in the obligations to, or restrictions imposed by, its third-party
licensors or partners, an Application Provider's violation of its agreement
with Micro Focus, or any governmental restriction or court order. Micro Focus
may, without prior notice or liability to you, remove, disable access to,
block, or modify remotely any Applications previously downloaded by you from
the Marketplace. In such event, you may need to contact the Application
Provider for further action or access.
MICRO FOCUS HAS THE RIGHT TO MODIFY THESE TERMS
7. MICRO FOCUS HAS THE RIGHT TO MODIFY THESE TERMS: Micro Focus reserves the
right to modify these Participation Terms at its sole discretion at any time.
Any such modification will be effective upon Micro Focus notifying you prior
to your continued use or access of the Marketplace. Your continued use of the
Marketplace after such notice will constitute your binding acceptance of the
Agreement as revised.
CUSTOMER SERVICE
8. CUSTOMER SERVICE: Support of an Application is solely as agreed by you and
either (i) the applicable third-party Application Provider or (ii) Micro
Focus in cases where it is the Application Provider. Micro Focus does not
provide support for third-party Applications. For any issues or questions
concerning specific third-party Applications, please contact the Application
Provider.
CONTENT ACCESSED THROUGH APPLICATIONS
9. CONTENT ACCESSED THROUGH APPLICATIONS: You acknowledge and agree that
certain Applications may provide access to products, services, web content or
other third-party materials (together, "Third-Party Content") and that Micro
Focus is not responsible for such Third-Party Content. Micro Focus makes no
representations or warranties regarding such Third-Party Content.
REVIEWS
10. REVIEWS: Micro Focus, in its sole discretion, may permit users to post
reviews of Applications on the Marketplace. Such reviews reflect the opinions
of the reviewers and not Micro Focus, and Micro Focus makes no
representations as to the accuracy or completeness of the reviews. You agree
that Micro Focus shall have no liability to you if you rely on the reviews to
download or use an Application. Micro Focus reserves the right to, but has no
obligation to, remove reviews that Micro Focus deems irrelevant or otherwise
inappropriate for any reason. If you post a review, you hereby grant Micro
Focus a perpetual, worldwide, fully transferable and sub-licensable,
irrevocable, royalty-free license to make, use, sell, market, reproduce,
create derivative works of, distribute, perform, and display the review in
any manner and for any purpose. You acknowledge that your personally
identifiable information may be associated with your review unless you post
the review anonymously. If you post a review, you agree not to post, publish
or transmit any material that: (i) is false or misleading; (ii) is
defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic,
or offensive; (v) promotes bigotry, racism, hatred or harm against any
individual or group; (vi) infringes on another's rights, including but not
limited to any intellectual property rights; or (vii) violates, or encourages
any conduct that would violate, any applicable law or regulation or would
give rise to civil or criminal liability.
CONSENT TO USE OF DATA
11. CONSENT TO USE OF DATA: To the extent permitted by law, you expressly
consent to the collection and use of information (which may include your
personal identifiable information such as your name, your email address, and
other like information associated with your user account) about your use of
the Marketplace, Applications obtained through the Marketplace, and the
computer systems on which such Applications are installed or accessed for
security and licensing purposes and to improve Micro Focus products and
services. This includes the use of Google Analytics or other analytics tools
for the collection of anonymous usage information, which helps Micro Focus
understand how visitors engage with the application catalog. Micro Focus will
collect and use this information and may disclose this information to the
Application Provider. Your information will be treated in accordance with
Micro Focus' privacy policy (set forth at
www.microfocus.com/about/legal/#your_privacy) and in accordance with
applicable data protection laws.
INDEMNIFICATION
12. INDEMNIFICATION: To the maximum extent permitted by law, you agree to
defend, indemnify and hold Micro Focus, its directors, officers, employees,
affiliates and agents (including without limitation its parent company, Micro
Focus International plc and its directors, officers, employees, affiliates
and agents) harmless from and against any and all claims arising out of your
breach of these Participation Terms, your use of the Marketplace, or your use
of any Applications downloaded from the Marketplace.
WARRANTY AND DISCLAIMERS
13. WARRANTY AND DISCLAIMERS: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MARKETPLACE IS AT
YOUR SOLE RISK AND THAT ACCESS TO THE MARKETPLACE IS PROVIDED TO YOU ON AN
"AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR
NATURE. MICRO FOCUS DOES NOT WARRANT THAT USE OF THE MARKETPLACE WILL BE
UNINTERRUPTED, FAULT-TOLERANT OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, MICRO FOCUS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY
IMPLIED OR STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, CORRESPONDENCE WITH
DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY
STATED IN THE MICRO FOCUS EULA FOR AN APPLICATION AS TO WHICH MICRO FOCUS IS
THE APPLICATION PROVIDER, MICRO FOCUS MAKES NO WARRANTY OF ANY KIND, WHETHER
EXPRESS OR IMPLIED. ALL THIRD-PARTY SOFTWARE AND OPEN SOURCE SOFTWARE IS
PROVIDED "AS-IS," WITHOUT WARRANTIES OF ANY KIND BY MICRO FOCUS.
LIMITATION OF LIABILITY
14. LIMITATION OF LIABILITY:
a. Liability Cap. In no event will any liability of one party to the other
party arising out of or in connection herewith exceed the lesser of (i)
$10,000 or (ii) the total fees paid by You for access to the Marketplace
in the preceding twelve (12) months. Nothing in this clause (Liability
Cap) shall limit either party's liability for willful misconduct or
fraudulent misrepresentation; unauthorized use of intellectual property;
breach of license; breach of confidentiality, but personal identifiable
information remains capped by this clause unless prohibited by applicable
law; death or bodily injury caused by negligence; non-payment of amounts
owed; or any liability which may not be excluded or limited by applicable
law.
b. Mutual Disclaimer of Consequential Damages. In no event will either party
be liable for any indirect, special, incidental, consequential, punitive
or similar damages; loss of profits, business, data or programs
(including, but not limited to, the cost of recovery or replacement of
such data or programs); loss, damage or any costs due to interruption,
delay or inability to use Licensed Software, whether arising out of or in
connection herewith, even if informed of the possibility of such damages
in advance.
c. Scope. The limitations and disclaimers in this section (Limitation of
Liability) apply to all causes of action, including but not limited to,
breach of contract, breach of warranty, negligence, strict liability,
misrepresentation and other torts.
GLOBAL TRADE COMPLIANCE
15. GLOBAL TRADE COMPLIANCE: You agree to comply with the trade-related laws
and regulations of the U.S. and other national governments. If you export,
import or otherwise transfer Applications provided under these Participation
Terms, you will be responsible for obtaining any required export or import
authorizations. You confirm that you are not located in a country that is
subject to trade control sanctions (currently Cuba, Iran, N. Korea, N. Sudan,
and Syria) and further agree that you will not retransfer the Applications to
any such country. Micro Focus may suspend its performance under these
Participation Terms to the extent required by laws applicable to either
party.
TERM AND TERMINATION
16. TERM AND TERMINATION: These Participation Terms are effective until
terminated. Micro Focus may terminate these Participation Terms in whole or
as it applies to your use of any Application if you breach any of these
Participation Terms. You may terminate it at any time by ceasing to use the
Marketplace, provided that any terms relating to your use of each Application
will survive unless and until you destroy all copies of such Application and
related documentation. Some jurisdictions do not allow the termination of
this type of Agreement, so the above provision may be limited in its
application to you. In addition, Micro Focus reserves the right to modify,
suspend, or discontinue the Marketplace (or any part or content thereof) at
any time with or without notice to you, and Micro Focus will not be liable to
you or to any third party should it exercise such rights.
GOVERNING LAW
17. GOVERNING LAW: These Participation Terms, as well as any claims or causes
of action, whether in contract, tort or statute, based on, arising under or
relating hereto, will be governed and enforced pursuant to the laws of the
State of Delaware, without giving effect to any conflict of law rule or other
rule that could result in the application of laws of a different
jurisdiction. The parties consent to exclusive jurisdiction of the state and
federal courts of Delaware. The United Nations Convention on Contracts for
the International Sale of Goods will not apply. The prevailing party in any
proceeding has the right to recover costs and reasonable attorneys' fees as
awarded by the court or arbitrator.
ENFORCEMENT
18. ENFORCEMENT: Micro Focus reserves the right to take any steps it believes
to be reasonably necessary or appropriate to enforce and/or verify compliance
with any part of these Participation Terms. You agree that Micro Focus has
the right, without liability to you, to disclose any information relating to
your use of the Marketplace to law enforcement authorities, government
officials, and/or a third party, as Micro Focus believes in good faith is
appropriate to enforce and/or verify compliance with any part of these
Participation Terms.
SURVIVAL
19. SURVIVAL: Sections 2 (Limited Role of Micro Focus), 4 (Invoices and
Payment), 5 (Restrictions), 8 (Customer Service), 9 (Content Accessed Through
Applications), 10 (Reviews), 11 (Collection of User Data), 12
(Indemnification), 13 (Warranty and Disclaimers), 14 (Limitation of
Liability), 17 (Governing Law), 18 (Enforcement) will survive any expiration
or termination of these Participation Terms.
ENTIRE AGREEMENT
20. ENTIRE AGREEMENT: These Participation Terms represent our entire
understanding with respect to their subject matter and supersede any previous
communication or agreements that may exist. Except as expressly specified
herein, modifications to these Participation Terms may be made only through a
written amendment signed by both parties. A failure by Micro Focus to
exercise, or a delay in Micro Focus' exercise of, its rights hereunder is not
a waiver of those rights.
WEBSITE TERMS OF USE
WELCOME TO OUR WEBSITES
Thank you for visiting this website controlled by Micro Focus International plc
and/or any of its group companies or affiliates (“We,” “Our,” “Us” or “Micro
Focus”).
These Website Terms of Use are a legal contract between you (“You” or “Your”)
and Us. They govern Your use of Our Website and all the text, data, information,
software, graphics, logos, photographs, and more (“Materials”), as well as any
services, that We make available or provide through Our Website. The terms “We,”
“Our,” “Us” and “Micro Focus” may also, as the context requires, include certain
of Our licensors and suppliers.
YOU CANNOT USE OUR WEBSITES IF YOU DO NOT UNDERSTAND AND ACCEPT THESE WEBSITE
TERMS OF USE. YOUR USE OF OUR WEBSITE INDICATES THAT YOU HAVE READ AND ACCEPT
THESE WEBSITE TERMS OF USE.
These Website Terms of Use apply to any and all use of Our Website, including
use through any account that You may set up through or on Our Website. Some
Materials will only be available to You if You have an appropriate account. You
agree to (i) provide true, accurate, current, and complete information in
connection with Your use of Our Website and (ii) obtain and maintain all
equipment, services and software needed for access to and use of Our Website.
You are responsible for maintaining the confidentiality of Your passwords. If
You suspect Your password or other security information for Our Website has been
breached in any way, please notify Us promptly. We reserve the right to require
that You change Your password or restrict Your access to Our Website as We deem
reasonably necessary.
You must not (i) attempt any unauthorized access to Our Website, the server on
which it is stored, or any server, computer, or database to which it is
connected to Our site or (ii) attack Our Website via a denial-of-service attack
or a distributed denial-of-service attack. Breach of this provision may
constitute a criminal offence under applicable laws. We may report any such
breach to the relevant law enforcement authorities, cooperate with those
authorities, and disclose your identity to them.
We may collect certain personal information about You solely in connection with
Your access and use of Our Website. Our use of that information is governed by
the provisions of Our Privacy and Cookie Notice.
OWNERSHIP AND PERMITTED USE OF OUR WEBSITE AND MATERIALS
Micro Focus International plc and its affiliates, and their licensors and
suppliers, own all intellectual property rights in all Materials, as well as
their arrangement, on Our Website. All rights not expressly granted herein are
reserved. Except as otherwise required or limited by applicable law, any
reproduction, distribution, modification, retransmission, or publication of any
Material is strictly prohibited without Our express written consent or that of
the copyright owner.
We grant You a limited, personal, revocable, non-sublicensable, non-exclusive
and non-transferable license to use and to display the Materials solely (i) in
connection with Your use of Our Website for Your personal and internal business
purposes as a customer or potential customer of Micro Focus ("Permitted Uses")
and (ii) conditioned on Your compliance with these Website Terms of Use. If You
are using our Website on behalf of a business, you represent that the business
accepts and is subject to these Website Terms of Use. You have no other rights
in Our Website or any Materials. Except as expressly permitted, you may not
modify, edit, copy, reproduce, create derivative works of, reverse engineer,
alter, enhance, sell or in any way exploit Our Website or Materials in any
manner and must retain Our copyright and other proprietary notices.
UNAUTHORIZED USE OF OUR WEBSITE, ACCEPTABLE USE POLICY
We authorize only the limited uses of Our Website expressly described above. Any
other use of Our Website is prohibited. All rights, title and interest not
expressly granted are reserved. Unauthorized use of Our Website and Materials
may violate intellectual property laws of the United States and those of other
countries.
You may only use a crawler to crawl Our Website as permitted by Our Website's
robots.txt protocol. We may block any crawlers at Our sole discretion.
Please refer to and abide by the examples of things to avoid described in Our
Acceptable Use Policy. You must follow Our Acceptable Use Policy whenever You
(i) use areas of Our Website (e.g., chat rooms, customer ratings, review areas,
community and support forums) that permit You to submit feedback, information,
data, text, software, music, sound, photographs, graphics, video, messages, or
other materials (each, a "User Submission") or (ii) otherwise use our Website or
any services offered from Our Website.
We respect the intellectual property rights of others and ask You to do the
same. We may, in appropriate circumstances and at Our discretion, terminate
access to and use of Our Website for users who infringe the intellectual
property rights of others. If You believe that Your work is the subject of
copyright infringement and/or trademark infringement and appears on Our Website,
please let Us know by following the procedures found here Claims of Infringement
on Our Websites
TERMINATING YOUR USE OF OUR WEBSITE
You or We may terminate Your use of Our Website at any time. Your use of Our
Website will automatically terminate in the event You breach any of these
Website Terms of Use. To clarify:
* You may discontinue Your access to and use of Our Website at any time.
* Unless We otherwise agree with You in writing, We may terminate, suspend, or
modify Your registration with, access to, or use of all or part of Our
Website, without notice, at any time and for any reason. In the event of a
termination for breach, You must immediately destroy any downloaded or
printed Materials and any copies thereof.
DISCLAIMERS
OUR WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF OUR WEBSITE IS WITH YOU. WE EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO OUR
WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE,
AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
WE DO NOT PROMISE THAT THE WEBSITE IS FREE OF PROBLEMS OR ERRORS. Without
limiting the generality of the foregoing, We make no warranty that Our Website
will meet Your requirements or that Our Website will be uninterrupted, timely,
secure, or error free or that defects in Our Website will be corrected. We make
no warranty as to the results that may be obtained from the use of Our Website
or as to the accuracy or reliability of any information obtained through Our
Website. No advice or information, whether oral or written, obtained by You
through Our Website or from Us or Our officers, directors, employees, or agents
(collectively, "Micro Focus Parties") shall create any warranty.
LIMITATION OF LIABILITY
In no event will We be liable, in connection with Our Website, for (i) any
indirect, special, incidental, consequential, punitive or similar damages; loss
of profits, business, data (including, but not limited to, personal data) or
programs (including, but not limited to, the cost of recovery or replacement of
such data or programs); loss, damage or any costs due to interruption, delay or
inability to use any of Our products or services, even if informed of the
possibility of such damages in advance or (ii) any amount greater than One
Hundred Dollars ($100). However, nothing in this provision limits any liability
which may not be excluded or limited by applicable law.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for certain damages. Accordingly, some of
the above disclaimers and limitations of liability may not apply to You. To the
extent that any Micro Focus Party may not, as a matter of applicable law,
disclaim any implied warranty or limit its liabilities, the scope and duration
of such warranty and the extent of the Micro Focus Party's liability shall be
the minimum permitted under such applicable law.
OTHER AGREEMENTS; SOFTWARE, SERVICES OR ACCESS
We may provide products (such as hardware or software), services (such as
software subscription services, consulting, hardware maintenance or repair or
software maintenance, installation, or training) or access via Our Website under
the terms of a separate agreement between You and Us, such as a license
agreement or separate terms of sale (each, an "Other Agreement"). Our
obligations regarding any product, service, or access that We make available to
You under any Other Agreement shall be governed solely by the Other Agreement
under which such product, service or access is provided and these Website Terms
of Use shall not be deemed or construed to alter the terms of any such Other
Agreement. If there is an inconsistency between these Website Terms of Use and
any Other Agreement, the Other Agreement will control. You are not granted any
rights to download, install, or use any software that is supplied with or
includes an end user license agreement unless you agree to the terms of such end
user license agreement, whether presented to you before or after download. In
the event software is provided without an end user license agreement, you may
use the software solely for your personal, informational and non-commercial
purposes.
For example, the use of any software that is made available to download from Our
Website ("Software") is governed by the terms of the end user license agreement,
if any, that accompanies or is included with the Software ("License Agreement").
You may not install any Software that is supplied with or includes a License
Agreement unless You first have agreed to the License Agreement. If there is no
License Agreement, then these Website Terms of Use will govern Your use of that
Software.
WE MAY MODIFY OUR WEBSITE
We reserve the right to modify, suspend, or discontinue all or any part of Our
Website and/or any products, programs, services and other offerings provided
through or in connection with Our Website at any time without notice to You.
We suggest You consult Your local Micro Focus business contact for information
regarding the products, programs, services and any other offerings that may be
available to You via or in connection with Our Website.
TRADEMARKS
Our name, Our logos and other trademarks used by Us are registered trademarks of
Our entities. You may use Our word marks, in text, to refer fairly and
accurately to Us and Our products and services, subject to the guidelines below.
Our logos are reserved for use by Us and those of Our partners and licensees
that have a written agreement with Us that specifically authorizes logo use. No
other use of Our logos or stylized marks is permitted. You may not use Our
trademarks in a manner likely to mislead or confuse third parties, including
regarding Your relationship with Us, any sponsorship or endorsement of Your
company, products or services, or the origin of Your products or services. Any
such use is unlawful and expressly prohibited. Please consult and abide by Our
Trademark Guidelines regarding additional limitations on any use or reproduction
of Our logos and other trademarks.
LINKS TO THIRD-PARTY WEBSITES
For Your and Our convenience, Our Website includes various links to third-party
websites which are not under Our control. If You follow these links, You will
leave Our Website. We are not obligated to review any third-party websites that
You link to from Our Website. We do not control, and are not responsible for,
any of the third-party websites (or the products, services, or content available
through them). We do not endorse or make any representations about such
third-party websites, any information, software, products, services, or
materials found there or any results that may be obtained from using them. If
You decide to access any of the third-party websites linked to from Our Website,
You do so entirely at Your own risk and subject to the privacy policies and
terms and conditions for those third-party websites (rather than these Website
Terms of Use).
LINKING TO OUR WEBSITE
For Your convenience, You may create links to Our Website from other websites.
Unless an express agreement states otherwise, You must comply with the following
terms and all applicable laws if You provide anyone with a link to Our Website:
* You may link to, but may not copy, any Materials.
* You shall not create a browser or border environment around any Materials.
* You shall not imply that We endorse or are affiliated with any such website
that links to Our Website or any products, services, or content available
through that website.
* You shall not misrepresent Your relationship with Us.
* You may not present false or misleading information about Us or Our products
or services.
* The website that links to Our Website shall not include content that could be
construed as distasteful, offensive, a breach of privacy rights,
controversial, illegal or of a sexual nature.
* The website that links to Our Website shall include only content that is
appropriate for all age groups.
U.S. GOVERNMENT USERS
To the extent that Materials are downloaded for use by a department or agency of
the U.S. government, or on its behalf by a prime contractor or subcontractor at
any tier, consistent with the applicable provisions of the Federal Acquisition
Regulation ("FAR") and supplements thereto, including the Department of Defense
FAR Supplement ("DFARS"), commercial software, documentation and technical data
for commercial items are licensed under Our standard commercial license terms.
INTERNATIONAL AND EXPORT ISSUES
We may administer Our Websites from Our offices in various jurisdictions,
including the United States and United Kingdom. We make no representation that
Our Websites are appropriate or available for use in other jurisdictions. Access
to Our Websites from jurisdictions where its contents are illegal or restricted
is prohibited. If you choose to access Our Websites, you do so on your own
initiative and are responsible for compliance with applicable laws.
Materials available on Our Websites are subject to statutes, orders, or
regulations which impose embargoes or control the export of goods, technology,
software, supplies, and services, including weapons of mass destruction and
arms, military, paramilitary and security equipment and dual-use items (items
designed for civil use but which can be used for military purposes), and certain
drugs and chemicals (collectively, "export controls"). You agree to comply with
all export and re-export restrictions and regulations of the U.S. Departments of
Commerce and Treasury and any other United States agencies and authorities, or
those of other countries in connection with your use of Our Websites and to not,
in violation of any laws, transfer, or authorize the transfer of, any Materials
to a prohibited country or otherwise in violation of any laws. In particular,
but without limitation, Materials may not, in violation of any laws, be
exported, re-exported or otherwise transferred, directly or indirectly, to (i)
embargoed or sanctioned countries or territories (currently Cuba, Iran, North
Korea, Syria, Sudan and the Crimea Territory but subject to update as required
from time to time by law and regulation) or to nationals and parties from those
countries; (ii) any parties subject to trade control sanctions or blocking
measures, including those designated on any of the lists of denied or restricted
parties included in the United States Departments of State, Commerce and
Treasury Consolidated Screening List (available at
http://export.gov/ecr/eg_main_023148.asp) or by the European Union (EU)
(available at
https://data.europa.eu/euodp/en/data/dataset/consolidated-list-of-persons-groups-and-entities-subject-to-eu-financial-sanctions);
(iii) in breach of the United Kingdom's Export Control Order 2008 (as amended);
or (iv) for use in the design, development, or production of nuclear, chemical,
or biological weapons, or missile technology, or any other prohibited use. By
accessing or downloading any Materials subject to any such restrictions and
regulations, you represent and warrant that (a) you are not located in, under
the control of, or a national or resident of any such country or on any such
list, and (b) you are not located in or a national or resident of Cuba, Iran,
North Korea, Sudan, or Syria which list is subject to update as required from
time to time by law and regulation, or (c) you are not restricted from receiving
U.S. or U.K. goods; and that you will comply with all applicable U.S. and U.K.
export laws and host country import laws.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Micro Focus Parties from
and against any and all claims, liabilities, damages, losses, costs, expenses,
or fees (including reasonable attorneys' fees) that such parties may incur as a
result of or arising from violation of these Website Terms of Use by You or
anyone using Your account. We reserve the right to assume the exclusive defense
and control of any matter subject to indemnification by You and, in such case,
You agree to cooperate with Our defense of such claim.
ELECTRONIC COMMUNICATIONS
When You visit Our Website or send e-mails to Us, You are communicating with Us
electronically. We may respond to You by e-mail or by posting notices on Our
Website. You agree that all such notices, disclosures, and other communications
that We provide to You electronically satisfy any legal requirement that such
communications be in writing.
ENTIRE AGREEMENT
These Website Terms of Use, together with any additional terms to which You
agree when using particular elements of Our Website, constitute the entire and
exclusive and final statement of the agreement as between You and Us with
respect to the subject matter hereof, superseding any prior agreements or
negotiations between You and We with respect to the same. The Micro Focus
Parties are third party beneficiaries with respect to the provisions in these
Website Terms of Use that reference them.
GOVERNING LAW AND VENUE
These Website Terms of Use and disputes arising hereunder will be governed by
and construed and interpreted in accordance with the Laws of the State of
Delaware without giving effect to the principles of conflicts of law thereof.
You and We irrevocably and unconditionally (i) consent to venue in the State of
Delaware and to the exclusive jurisdiction of the state and federal courts in
Delaware and (ii) waive any claims of forum non conveniens with respect to such
venue. The United Nations Convention on Contracts for the International Sale of
Goods and the Uniform Computer Information Transactions Act do not apply to
these Website Terms of Use.
DISPUTE RESOLUTION
The procedures set forth in this Article will apply to any dispute, controversy
or claim, whether in contract, tort or otherwise, arising out of or relating
hereto ("Dispute") and will be the sole and exclusive procedures in connection
with any such Dispute. You and We irrevocably waive any right to commence any
action in or before any governmental authority, except as expressly provided in
these Website Terms of Use, and except to the extent provided under the U.S.
Federal Arbitration Act, in the case of judicial review of arbitration results
or awards. EXCEPT AS EXPRESSLY PROVIDED, YOU AND WE IRREVOCABLY WAIVE ANY RIGHT
TO ANY TRIAL IN A COURT THAT WOULD OTHERWISE HAVE JURISDICTION OVER ANY DISPUTE.
Except as provided below, all Disputes shall be resolved through mandatory and
binding arbitration. The arbitration shall take place in Santa Clara County,
State of California before a single arbitrator. The arbitration shall be
administered by JAMS pursuant to its Comprehensive Arbitration Rules and
Procedures and in accordance with the Expedited Procedures in those Rules. Award
may be entered in any court having jurisdiction. This clause shall not preclude
Us from seeking equitable remedies as set forth below. The prevailing party in
any legal proceeding shall recover its expenses in connection therewith,
including reasonable attorney's fees. Except as required by applicable Law, the
existence, content and result of all Dispute resolution proceedings will be
confidential and will not be disclosed (other than to the extent required to
enforce any agreement or award). You and We will each request that the
arbitrator comply with such confidentiality requirement.
You acknowledge that, in the event You breach (or attempt or threaten to breach)
Your obligations regarding Our intellectual property, We may be irreparably
harmed and may proceed immediately to seek equitable relief from any court of
competent jurisdiction. If a court of competent jurisdiction should find that
You have breached (or attempted or threatened to breach) any such obligations,
You agree that, without any additional findings of irreparable injury or other
conditions to injunctive relief, You will not oppose the entry of an appropriate
order compelling Your performance and restraining You from any further breaches
(or attempted or threatened breaches).
FORWARD-LOOKING STATEMENTS DISCLAIMER
Our Websites contain forward-looking statements that are subject to assumptions,
risks and uncertainties associated with, among other items, the changing
economic and business conditions in the countries, sectors and business segments
in which We operate. These forward-looking statements involve a number of known
and unknown risks and uncertainties, e.g., numerous assumptions regarding Our
present and future business strategies and the environments in which We operate.
They are not guarantees and may prove inaccurate. Actual outcomes could differ
materially from those expressed or implied in these forward-looking statements.
Please do not place undue reliance on these forward-looking statements. We
disclaim any obligation to update or revise any of them, whether as a result of
new information, future events or otherwise except as required by any applicable
laws or regulations.
MISCELLANEOUS
Our failure to exercise or enforce any right or provision of these Website Terms
of Use shall not constitute a waiver of such right or provision. If any
provision of these Website Terms of Use is found by a court of competent
jurisdiction to be invalid, You nevertheless agree that the court should
endeavor to give effect to the intentions reflected in the provision, and that
the other provisions of these Website Terms of Use remain in full force and
effect. The section titles in these Website Terms of Use are for convenience
only and have no legal or contractual effect. These Website Terms of Use shall
remain in full force and effect notwithstanding any termination of Your use of
Our Website. These Website Terms of Use will be interpreted without application
of any strict construction in favor of or against You or Us. These Website Terms
of Use, and any rights and licenses granted hereunder, may not be transferred or
assigned by You, but may be assigned by Us without restriction.
CALIFORNIA CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users are entitled to the
following consumer rights notice:
* Our Website is provided by Micro Focus International plc and/or its group
companies. If You have a question or complaint regarding Our Website, please
contact us, including as much detail as possible, by writing to:
Micro Focus
Attn: Compliance Officer
The Lawn
22-30 Old Bath Road
Newbury
Berkshire, RG14 1QN
United Kingdom
compliance@microfocus.com
* California residents may reach the Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer Affairs by post
at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916)
445-1254 or (800) 952-5210 or TDD (800) 326-2297 or TDD (916) 322-1700.
WE MAY MODIFY THESE WEBSITE TERMS OF USE
We may, in Our sole and absolute discretion, change these Website Terms of Use
(including any other documents that are referenced in or linked to from these
Website Terms of Use) from time to time. We will post notice of such changes on
Our Website as applicable. If You object to any such changes, Your sole recourse
shall be to cease using Our Website. Continued use of Our Website following
notice of any such changes shall indicate Your acknowledgement of such changes
and agreement to be bound by the terms and conditions of such changes. Certain
provisions of these Website Terms of Use may be superseded by
expressly-designated legal notices or terms located on particular pages of Our
Website and, in such circumstances, the expressly-designated legal notice or
term shall be deemed to be incorporated into these Website Terms of Use and to
supersede the provision(s) of these Website Terms of Use that are designated as
being superseded.
PRIVACY AND COOKIE NOTICE
COOKIES
For more information about our use of cookies please see our Cookie Notice.
PRIVACY NOTICE
1. INTRODUCTION
This Privacy Notice provides information on the collection, use, sharing and
processing of personal information by Micro Focus and its affiliates ("we" or
"us") in connection with your use of Micro Focus website, social media pages
that link to this Privacy Notice, your interactions with Micro Focus during
in-person meetings or at Micro Focus events, and in the context of other offline
sales and marketing activities. This Privacy Notice also explains the choices
you have in relation to these processing activities.
This Privacy Notice can change over time, for example to comply with legal
requirements or to meet changing business needs. The most up-to-date version can
be found on this website. In case there is an important change that we want to
highlight to you, we will inform you in another way (for example via a pop-up
notice or statement of changes on our website).
As used in this Privacy Notice, "personal information" or "personal data" means
information that relates to an identifiable individual. For example, this could
include among other things your name, address, email address, business contact
details, or information gathered through your interactions with us via our
website or at events. Our terms of use can be found here.
2. SCOPE
This Privacy Notice applies to the processing of personal information by Micro
Focus of:
* Visitors and users of the Micro Focus website, and our social media that
links to this Privacy Notice;
* Attendees of Micro Focus events;
* Customers and prospective customers and their representatives;
* Subscribers of Micro Focus marketing information;
* Suppliers, business partners and their representatives.
3. WHO IS RESPONSIBLE FOR YOUR PERSONAL INFORMATION?
Micro Focus and its affiliated entities are responsible for processing your
personal information described in this Privacy Notice.
4. WHICH TYPES OF PERSONAL INFORMATION DO WE PROCESS AND FROM WHICH SOURCES?
Micro Focus can process information about you collected both offline and online.
Offline information about you originates from our interactions with you during
in-person meetings or at Micro Focus events, conferences and workshops.
Online information about you originates from your activities on our website, for
example, in relation to inquiries or subscription to information, or from your
interactions with Micro Focus via electronic communication tools such as email,
text and telephone. Information about you may also be provided by third party
sources, such as data aggregators who may not have a relationship with you, but
you have consented for your information to be shared.
Online information about you may also originate from the use of cookies and
similar technologies for example, pixel tags and device identifiers on our sites
or sites of third parties.
Information about you that Micro Focus may collect and process includes:
* name and address, email addresses and contact numbers;
* demographic attributes, when tied to personal information that identifies
you;
* photographs and testimonials;
* transactional data, including products and services received, financial
details and payment methods;
* company data such as the name, size and location of the company you work for
and your tole within the company;
* data from surveys and publicly available information, such as social media
posts;
* unique IDs such as your mobile device identifier or cookie ID on your
browser;
* IP address and information that may be derived from IP address, such as
geographic location;
* information about a device you use, such as browser, device type, operating
system, the presence or use of "apps", screen resolution and the preferred
language;
* behavioural data of the internet connected computer or device you use when
interacting with the website and social media sites, such as advertisements
clicked or viewed, website content areas, date and time of activities or the
web search used to locate and navigate to our website.
Please note that Micro Focus does not control the content that you may post to
Micro Focus on social media networks; in some cases, such content may be
publicly available on the Internet. You should carefully consider whether you
wish to submit personal information to these networks and whether you wish to
make your profile available to other users, and you should tailor any content
you may submit accordingly.
5. WHY AND HOW DO WE USE YOUR PERSONAL INFORMATION?
Micro Focus will use personal information for the following purposes:
* to communicate and respond to your requests and inquiries to Micro Focus;
if you get in touch with us (such as by submitting contact forms on our
website, attending Micro Focus events or other occasions, sending an email or
by visiting social media platforms), we process information about you to
communicate with you and to respond to your requests or other inquiries. We
can also process personal information to interact with you on third party
social networks.
* to deliver functionality on our website and for their technical and
functional management;
When you choose to register with us, we need to process the personal
information provided by you so that we can manage your personal requests for
information and respond to inquiries.
* to administer subscriptions to services and information;
If you subscribe to marketing information about our products and services, we
process information about you to administer your subscription.
* to market our products and services or related products and services, and to
tailor our marketing and sales activities to your or your company's
interests;
Micro Focus may use information about you to notify you about new product
releases and service development, events, alerts, updates, prices, terms,
special offers and associated campaigns and promotions. Micro Focus may also
use personal information to advertise our products and services or related
products and services, and also to have our distributors, resellers or
partners notify you about our products or services. We do our best to tailor
your website visit, marketing experience and our communications to your
expressed interests.
If you attend an event, Micro Focus may process information about you
gathered in relation to the event and can share information about your
attendance with your company. Micro Focus also permit designated event
partners or conference sponsors to send you communications related to your
event attendance. Please note that our partners or conference sponsors may
directly request information about you at their conference booths or
presentations, and their use of your information that you provide to them
will be subject to their Privacy Notices or Privacy Policies.
We may also process your personal information to post testimonials on our
website, but will first obtain your consent to use your name and testimonial.
* to engage in transactions with customers, suppliers and business partners and
to process orders for Micro Focus products and services;
If you receive any products or services, or if you provide services to Micro
Focus, our employees, customers or partners as a supplier or business
partner, Micro Focus processes information about you to engage in and
administer the relevant transactions (such as by sending invoices and making
payments), administer your service, and help you get started and adopt our
products and services.
* to analyze, develop, improve and optimize the use, function and performance
of our website and products and services;
We may process personal information in order to analyze, develop, improve and
optimize the use, function and performance of our website and products and
services, as well as marketing and sales campaigns.
* to manage the security of our website, networks and systems;
We may collect site use data security and operations management to help keep
our website, networks and systems secure, or to investigate and prevent
potential fraud and cyber-attacks.
* to comply with applicable laws and regulations and to operate our business.
In some cases, we have to process personal information to comply with
applicable laws and regulations. For example, to respond to a request from a
regulator or to defend a legal claim. We may also process personal
information in the performance and operation of our business, such as to
conduct internal audits and investigations or for finance and accounting and
archiving and insurance purposes.
6. WHAT IS OUR BASIS FOR PROCESSING INFORMATION ABOUT YOU?
For personal information collected about you in the EU (to include the UK), our
basis for processing is the following:
* In order to communicate adequately with you and to respond to your requests,
we need to process information about you and therefore have a legitimate
interest in processing this information.
* In order to engage in transactions with customers, suppliers and business
partners, and to process purchases of our products and services, we need to
process information about you as necessary to enter into and/or perform a
contract with you.
* In order to conduct human resource administration to include assessing
suitability, eligibility and/or fitness to work, it is necessary to take
action before entering into a contract to ensure contractual obligations can
be fulfilled.
* We process personal information for marketing and sales activities based on
your consent where so indicated on our website at the time your personal
information was collected, or further to our legitimate interest to market
and promote our products and services.
* We rely on our legitimate interest to analyze, develop, improve and optimize
our website, products and services, and to maintain the security of our
website, networks and systems.
* We rely on our legitimate interest to use CCTV services to ensure our
facilities and offices and its stored data is securely monitored.
* In order to comply with our legal obligation to process and respond to
complaints.
* In order to comply with our legal obligation with applicable laws and
regulations, such as to comply with a court order/subpoena or other legal
process, or to process an opt-out request.
7. FOR WHAT PERIOD DO WE RETAIN PERSONAL INFORMATION
Micro Focus maintains personal information for the following retentions periods:
* Information about you we collect to engage in transactions with our
customers, suppliers and business partners, and to process purchases of our
products and services, will be retained for the duration of the transaction
or services period, or longer as necessary for record retention and legal
compliance purposes.
* If you have registered with us to receive marketing information, your
personal information will be retained for as long as you maintain an active
subscription to our distribution lists.
* Contact information such as your email address or phone number collected
online on our website or offline from our interactions with you at Micro
Focus events and conferences, and used for direct marketing and sales
activities will be retained for as long as we have an active (customer)
relationship with you. We treat you as an active contact if (i) you have
interacted with Micro Focus or updated your contact details and preferences
in the past 18 months; and (ii) you have not made a deletion request.
8. WHEN AND HOW CAN WE SHARE YOUR PERSONAL INFORMATION?
As a global organisation, information about you may be shared globally
throughout the Micro Focus worldwide organisation. Micro Focus employees are
authorised to access personal information only to the extent necessary to serve
applicable purposes in order to perform their job functions.
We share personal information with the following third parties:
* Third-party service providers (for example, credit card processing services,
analytics, event/campaign management, information technology and related
infrastructure provision, auditing and other similar service providers), in
order for those service providers to perform business functions on behalf of
Micro Focus;
* Third-party advertising partners such as Google Ads, in order to provide you
with relevant advertisements when you visit non-Micro Focus websites within
their network.
For more information about interest-based ads, or to opt-out of having your
web browsing information used for behavioral advertising purposes, please
visit www.aboutads.info/choices.
* Micro Focus resellers for further follow-up related to your interests,
specific partners that offer services or with third parties to facilitate
interest-based advertising;
* Relevant third-parties in the event of a reorganisation, merger, sale, joint
venture, assignment, transfer or other disposition of all or any portion of
our business;
* As required by law, such as to comply with a court order (subpoena) or other
legal process, when we believe in good faith that disclosure is necessary to
protect our rights, protect your safety or the safety of others, investigate
fraud, or respond to Government requests, including public and Government
authorities outside your country of residence, for national security and/or
law enforcement purposes.
When third parties are given access to personal information, we will take
appropriate contractual, technical and organisational measures designed to
ensure that personal information is processed only to the extent that such
processing is necessary, consistent with this Privacy Notice, and in accordance
with applicable laws.
9. HOW IS PERSONAL INFORMATION HANDLED GLOBALLY?
Micro Focus is a global organisation with operations in over 40 countries ?
personal information is processed globally. If personal information is
transferred to a Micro Focus recipient in a country that does not provide an
adequate level of protection for personal information, Micro Focus will take
measures designed to adequately protect information about you, such as ensuring
that such transfers are subject to the terms of the EU Model Clauses.
10. HOW IS YOUR PERSONAL INFORMATION SECURED?
Micro Focus has implemented appropriate technical, physical and organisational
measures designed to protect personal information against accidental or unlawful
destruction or accidental loss, damage, alteration, unauthorised disclosure or
access, as well as all other forms of unlawful processing.
11. WHAT ARE YOUR CHOICES?
We provide multiple choices in respect of the information we process about you:
* Opt-in for our use of your personal information
You may opt in to receive marketing information from Micro Focus, and in
addition withdraw consent you have previously provided for the processing of
information about you, including for email marketing by Micro Focus.
* Delete personal information
You can ask us to erase or delete all or some of the information about you
that we process.
* Change or correct personal information
You can ask us to change, update or fix information about you in certain
cases, particularly if it is inaccurate.
* Object to, or limit or restrict use of personal information
You can ask us to stop using all or some of the information about you or to
limit our use of it, for example, if the information about you is inaccurate.
* Right to be informed
This Privacy Notice, together with our Cookies Policy, fulfils our obligation
to tell you about the ways in which we use your information as a result of
you using this website.
* Right to access and/or have your information provided to you
You can ask us for a copy of your information that we process about you.
* Right to data portability
You can ask us to move, copy or transfer the electronic personal data that we
hold about you to another organisation.
* Rights related to automated decision-making
You can object to automated decision making without any individual
involvement, and to the profiling of your data.
To can exercise your choices by contacting privacy@microfocus.com.
12. NOTICE REGARDING THE SALE OF YOUR PERSONAL INFORMATION UNDER THE CALIFORNIA
CONSUMER PRIVACY ACT (CCPA) 2018
We may disclose (but not sell) to a third party personal information that
identifies, relates to, describes, is capable of being associated with, or could
reasonably be linked, directly or indirectly, with a particular consumer.
You have the right under the CCPA, as applicable, to opt-out of the sale or
disclosure of your personal information. If you exercise your right to opt-out
of the disclosure of your personal information, we will refrain from disclosing
your personal information, unless you subsequently provide express authorization
for the disclosure of your personal information, or we have a legal obligation
to disclose your information.
13. DO YOU COLLECT SENSITIVE INFORMATION AND INFORMATION FROM CHILDREN?
As a company focused on serving the needs of businesses, Micro Focus's website
is not directed to minors and Micro Focus does not promote or market its
services to minors. If you believe that we have mistakenly or unintentionally
collected personal information of a minor through our website please notify us
at privacy@microfocus.com.
14. IS PROCESSING OF INFORMATION LIKELY TO CAUSE INDIVIDUALS TO OBJECT OR
COMPLAIN?
Micro Focus is not aware of any justifiable reasons that would constitute a
legitimate reason for objecting or complaining about the way we process or
control information.
15. QUESTIONS AND COMMENTS
Questions and comments regarding this Privacy Notice are welcomed, and should be
sent to privacy@microfocus.com.
Alternatively, you can write to our Privacy Team at the corporate headquarters
address listed in section 16 below.
16. MICRO FOCUS CORPORATE HEADQUARTERS
Micro Focus's corporate headquarters are located at:
Micro Focus
The Lawn
22-30 Old Bath Road
Newbury, Berkshire, RG14 1QN
United Kingdom
Micro Focus LLC
4555 Great America Parkway, Ste 400
Santa Clara, CA 95054
United States of America
17. COVID-19 NOTICE TO ONSITE VISITORS AND CONTRACTORS
In light of the current situation regarding COVID-19, our priority is to
maintain a safe and healthy working environment for our employees, contractors,
and visitors. If you are visiting any Micro Focus premises in the foreseeable
future, you may be asked to complete a COVID-19 symptom self-declaration form
and/or take part in a temperature check (if local directives so require) before
being permitted entry to the premises.
As part of these procedures, the information we may collect includes:
(a) in respect of the self-declaration: personal identification information
(including your name, employer, email address and telephone number) and
confirmation that, in the 21 days prior to your visit, you have or have not
experienced any symptoms consistent with COVID-19, and are or are not aware of
having been in contact with any individual that has presented any symptoms
consistent with COVID-19; and
(b) in respect of the temperature check: your temperature reading by way of
thermal forehead screening.
Temperature checks
If temperature checks are implemented by Micro Focus, your temperature reading
will not be recorded or stored by Micro Focus, will not be attributable to you
in any way and will only be used by Micro Focus personnel to determine whether
your temperature reading falls within the requirements to permit access to Micro
Focus premises. The thermal screening will be carried out safely, discretely,
and respectfully and in accordance with local requirements. The reading will be
securely deleted following the determination relating to your access.
COVID-19 self-declarations
If written self-declarations are implemented by Micro Focus, we will only
collect and process the data you provide in order to determine whether you can
access the relevant Micro Focus premises.
Micro Focus is processing data (including health related data) in respect of
these two procedures in order to protect the health and wellbeing of our
employees and to keep our premises safe for all attending individuals. This is
necessary to ensure we comply with our employment law obligations, but also for
reasons of public interest in the area of public health, such as protecting
against serious cross-border threats to health (as permitted by Article 9(2)(i)
of the EU General Data Protection Regulation).
The self-declaration forms will be electronically stored centrally and securely,
and will only be retained for as long as is necessary (depending on the duration
of your visit) to maintain a safe working environment, taking into account local
government advice and ongoing risks. Thereafter, the data will be securely
deleted by way of shredding as soon as reasonably practical and, in any event,
within 22 days of the end of your visit (or series of visits). The data will not
be shared with any third party.
Please note that if you do not wish to comply with these procedures, or if your
temperature result and/or declaration does not meet the relevant requirements,
in the interests of the health and safety of our office you will politely be
asked to leave the Micro Focus premises and should inform your Micro Focus
contact directly that you are unable to attend.
Please refer to sections 1-16 for further details about our collection and
processing of personal data in the context of our day to day business
activities, your rights in respect of the information we process, our company
details (as a data controller) and how to contact our Privacy Team if you have
any questions.
CODE OF CONDUCT
This Code of Conduct replaces the Standards of Business Conduct and The
Worldwide Code of Business Conduct and Ethics.
Download PDF >
ANTI-SLAVERY
ANTI-SLAVERY STATEMENT
Micro Focus International Plc makes this anti-slavery and human trafficking
statement, as required by section 54(1) of the Modern Slavery Act 2015, setting
out the actions that Micro Focus took during the financial year ended 31 October
2021, to ensure that slavery and human trafficking are not taking place in any
of our supply chains or in any part of our business globally.
INTRODUCTION AND PURPOSE
This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015
(the “Modern Slavery Act”) and describes the steps that Micro Focus took during
its financial year ended 31 October 2021 to tackle modern slavery risks in our
business and supply chains. Our efforts in this area represent a key component
of our wider environmental, social & governance (“ESG”) commitments.
For the purposes of this statement, the definition of modern slavery is based on
the definitions set out in the Modern Slavery Act 2015 and includes, but is not
limited to, slavery, servitude, forced labour, child labour, human trafficking,
and workplace abuse.
This statement was approved by Micro Focus International Plc's Board of
Directors on 30 March 2022 and is published on behalf of Micro Focus
International Plc and its qualifying group companies. References to "Micro
Focus", "we", "us", "our" or the "company" are to each of these entities.
1. OVERVIEW OF MICRO FOCUS
Micro Focus (LSE: MCRO, NYSE: MFGP) is one of the world´s largest enterprise
software companies with an annual revenue of $2.9 billion. We help our customers
achieve key outcomes so they can run and transform their business.
Micro Focus is headquartered in Newbury (United Kingdom) and the group has a
presence in 48 countries worldwide, employing over 11,000 people. For more
information visit www.microfocus.com.
Our Purpose
Micro Focus’ purpose is to deliver mission-critical enterprise software that
powers the digital economy. Our aim is to put sustainability and responsibility
at the core of the way we operate. We continue to make progress in this area for
the benefit of our stakeholders. Our new ESG committee was launched in the
summer of 2021 with the goal of ensuring we continue to embed ESG in the core of
our operations and we continue to make improvements in this area.
Our Business
Micro Focus is a software company with a professional workforce. We operate in a
manner and sector in which we do not consider our employees to be at a high-risk
of slavery, servitude, forced labour, child labour, human trafficking, or
workplace abuse.
In relation to our supply chains, we do not run a business involving intensive
manual labour, nor do we operate any manufacturing facilities. Our supply chain
broadly consists of contract and outsourced workers (mostly professional
consultants), telephone-based support services and suppliers of goods and other
services for our offices, such as stationery suppliers, caterers, office
cleaners and marketing merchandise.
We are committed to acting ethically and with integrity in all our business
relationships and to implementing and enforcing effective systems and controls
to help ensure slavery, forced labour and human trafficking does not take place
anywhere in our business, distribution, or supply chains.
Our operations are historically mainly office-based although, due to the
COVID-19 pandemic, 97% of our staff transitioned to home working and Micro Focus
continues to operate a flexible working environment whereby up to 90% of the
workforce continue to work remotely.
2. ZERO-TOLERANCE OF MODERN SLAVERY
Micro Focus remains committed to maintaining zero-tolerance of any form of
modern slavery in its business or supply chains. We operate a risk-based
approach which includes clearly informing our suppliers of Micro Focus'
obligations under the Modern Slavery Act and the ethical standards required of
them.
We also continuously review our practices, systems, and controls in relation to
our supply chains to further identify, assess and monitor potential risk areas
and identify ways to further mitigate the risk of slavery and human trafficking
occurring. For example, in view of the large, diverse, and growing body of
evidence of the human rights violations being perpetrated in Xinjiang against
the Uyghur Muslims, Micro Focus confirmed during the FY21 financial year that
none of our vendors are registered in the region. See section 5: Risk Assessment
and Due Diligence for more information.
We include requests for information on modern slavery and our supply chains in
our Requests for Proposals. Some of the practices and controls that we have
implemented consist of:
• Including in Micro Focus' standard form purchase order terms express
obligations upon suppliers to comply with all applicable anti-modern slavery
laws and Micro Focus' Modern Slavery Statement;
• Providing our suppliers with our policies on preventing modern slavery and
requiring compliance in all parts of their business;
• Also requiring suppliers to take all reasonable steps to ensure that slavery,
servitude, human trafficking, forced labour and child labour do not take place
in their own supply chains; and
• Requiring suppliers to immediately notify Micro Focus if they become aware of
any such circumstances.
3. OUR PRINCIPLES AND GOVERNANCE
At Micro Focus, behaving responsibly as an organisation (including preventing
any type of slavery and human trafficking), both internally for our employees
and externally within the marketplace, communities, and environment, is a
fundamental principle for our operations around the globe.
We are proud of Micro Focus INSPIRE, our company wide ESG programme, which
covers every aspect of the organisation, including how we manage relationships
with employees, suppliers, customers, and local communities. Micro Focus has an
ISS quality score rating of “1” in ISS ESG’s social category, which is the
highest social rating, with the category covering all relevant environmental,
social, and governance related topics. Micro Focus also holds ISS Prime Status
because of us fulfilling ambitious absolute performance requirements,
demonstrating the value we place on our people and their wellbeing.
Social responsibility and respect for human rights are core values at Micro
Focus and shape our behaviours, decision-making, and culture. Our partnerships
and employee volunteering programmes focus on learning and upskilling for our
communities and employees globally, and include digital, lifelong learning and
wellbeing skills.
We believe that communities should be equipped with the right skills to survive
and thrive in our continually evolving digital future. From helping to provide
basic education in developing countries and nurturing digital skills in advanced
economies, to social mobility, inclusion and diversity, our aim is to ensure
that no one is left behind. An example of our outreach activities is Micro Focus
INSPIRE India, which has helped nurture and enrich the lives of thousands of
schoolchildren and students, helping many stay digitally connected to continue
their education during COVID-19 lockdowns, and ensuring hundreds from deprived
communities are supported with the right skills to thrive in their digital
futures.
All these initiatives should help those communities to have access to
professional jobs so that slavery and human-trafficking is less likely.
Micro Focus’ Board of Directors is committed to driving and supporting a culture
of ethical behaviours, which reduces the risk of any slavery and
human-trafficking happening at Micro Focus or in its supply chains. Consistent
with the UK Corporate Governance Code, which applies to us as a UK-incorporated
company listed on the London Stock Exchange, the Board ensures that workforce
policies and practices are in line with the company’s values, support our
long-term sustainable success, and enable our workforce to raise any matters of
concern. The Board also continuously assesses and monitors the company's culture
and, should it have concerns, would seek assurance that management has taken
corrective action.
For more information on our ESG initiatives, please see the ESG page of our
external-facing website here.
4. ANTI-SLAVERY AND HUMAN TRAFFICKING, AND RELATED POLICIES
The following policies, all of which are available on our internal intranet for
our employees, as well as on our external-facing website or on request, are in
place at Micro Focus to minimise the slavery or human trafficking risk in all
parts of our business and supply chains:
Code of Conduct
Micro Focus' worldwide Code of Conduct outlines our commitment to observing the
highest ethical standards to guide our business practices across several areas,
including in relation to human rights. It states that we must protect and
respect human rights and work with our business partners and suppliers to do the
same.
The Code of Conduct contains the following key obligations on employees relating
to the prevention of slavery and human trafficking:
• Ensure that slavery, servitude, child labour, prison or forced labour, human
trafficking and physical punishment do not occur in any operation of Micro Focus
or our suppliers and other business partners;
• Comply with the Micro Focus Anti-Slavery and Human Trafficking Policy;
• Respect the right of employees to organise in labour unions and collectively
bargain in accordance with local laws and established practices; and
• Speak up if employees are concerned about any possible violation of human
rights at Micro Focus.
The Code of Conduct has been communicated to all our employees (including
through annual, dedicated online training). It is also reviewed regularly, with
the last review taking place during the FY21 financial year.
Anti-Slavery and Human Trafficking Policy
Our Anti-Slavery and Human Trafficking Policy confirms and describes our
zero-tolerance approach to slavery and human trafficking and states that modern
slavery is a crime and a violation of fundamental human rights. It sets out that
we are committed to ensuring there is transparency in our own business and in
our approach to tackling modern slavery in our own supply chain. The
Anti-Slavery and Human Trafficking Policy applies to everyone working for or on
behalf of Micro Focus in any capacity (including staff members, directors,
officers, agency workers, seconded workers, volunteers, interns, agents,
contractors, external consultants, third party representatives, and business
partners) and encourages employees to report any concerns immediately.
Global Human Rights Policy
Micro Focus’ Global Human Rights Policy confirms that respecting human rights is
a core value at Micro Focus and is embedded in the way we do business. Micro
Focus requires compliance with relevant legislation as well as to uphold and
respect human rights as reflected in the United Nations Universal Declaration of
Human Rights, the OECD Guidelines for Multinational Enterprises, the UN Global
Compact and the UN Guiding Principles on Business and Human Rights, amongst
others.
These standards include ensuring that the rights of women and minority groups
are protected and that employees can exercise their right to freedom of
expression. We expect our employees, agents, suppliers, and business partners to
support and respect the protection of human rights in line with our own ethical
values and apply the same high standards to all company operations, regardless
of geographic location.
Supplier Code of Conduct
Our relationships with our suppliers are required to be fully transparent,
ethical and in line with the standards expected of our own employees. To this
end, we have a Supplier Code of Conduct, which sets out the standards which we
require of our suppliers in relation to issues such as slavery, human
trafficking, forced labour and child labour, which is implemented across the
Micro Focus group worldwide.
The Supplier Code of Conduct requires suppliers to comply with the Modern
Slavery Act, the commitments in this Anti-Slavery and Human Trafficking
statement, and the Anti-Slavery and Human Trafficking Policy, as updated from
time to time in order to ensure that slavery, servitude, human trafficking,
forced or compulsory labour and/or child labour do not take place in their own
supply chains or in any part of their business. Suppliers are also required to
make all necessary enquiries with their own suppliers and, to the extent
reasonable, other parties in the supply chain.
Anti-Bribery and Anti-Corruption Policy
Micro Focus’ Anti-Bribery and Corruption Policy requires that our business is
conducted in an ethical, legal, and responsible manner, consistent with our
zero-tolerance of slavery and human trafficking in all forms.
Whistleblowing Policy
Our Whistleblowing Policy encourages a culture of openness and transparency
across the business so that staff and our suppliers can speak up where they feel
our people and customers are at risk, or where areas of wrongdoing have been
identified or are suspected. For the purposes of the Whistleblowing Policy,
“wrongdoing” includes endangering the health and safety of any individual and a
breach of the Code of Conduct and the rest of our policies. The Whistleblowing
Policy explains how to raise a concern, including by staff speaking to their
manager, their manager’s manager, or relevant head of department. Staff and
suppliers can also contact the Micro Focus Legal Department or, if anonymity is
preferred, use an independent telephone and web reporting service (currently
http://www.microfocus.com/speakup.
5. RISK ASSESSMENT AND DUE DILIGENCE
Risk Assessment
Everyone at Micro Focus is encouraged to remain mindful of any slavery and human
trafficking risks that may face the company, and to report and concerns using
the appropriate channels immediately. As set out above, following the
allegations of human rights violations against Uyghurs Muslim minorities taking
place in the Xinjiang region of China, in February 2021 Micro Focus performed an
assessment of suppliers in our procurement system to ascertain whether any had
links to the Xinjiang region. As a result of this exercise, we were able to
confirm that we do not have any suppliers with a registered office in this
region.
Due Diligence
At Micro Focus, we aim to be a company with the highest level of ethical
standards in how we treat our employees and do business with our partners,
customers and suppliers. In pursuit of this aim, we implement and enforce
rigorous standards in our relationships with our suppliers, customers and
partners and apply stringent due diligence requirements when entering into any
new association to prevent inappropriate, illegal or corrupt behaviours or
activities. For example, we screen prospective business partners to ensure that
there are no red flags associated with the relevant partner from a compliance or
modern slavery perspective.
6. TRAINING AND AWARENESS-RAISING
Information on the importance of avoiding modern slavery and our own policies
and procedures in this area is specifically included in our Code of Conduct
annual online training. In 2021, we conducted our annual Code of Conduct
training, which is mandatory for all employees, including our Sales, Marketing,
Legal, Procurement and Finance teams. The training addresses how to avoid any
form of slavery and human trafficking, and it includes a test at the end which
all employees are required to pass in order to complete the training. It is also
available in the following languages to ensure easy accessibility: Chinese,
Dutch, English, French, Italian, Japanese, Portuguese, Russian and Spanish.
The Code of Conduct training repeats the message that Micro Focus is committed
to acting ethically and with integrity in all its business relationships. It
states that slavery includes forced labour, human trafficking and bonded labour
(when people borrow money they cannot repay and are required to work to pay off
the debt). It sets out that slavery has no place anywhere in our business or
supply chains and provides a link to this statement and the Anti-Slavery and
Human Trafficking Policy.
7. RESPONSIBILITY, MONITORING, AND REPORTING
Responsibility and Monitoring
The Board of Micro Focus International Plc has overall responsibility for
ensuring that the Micro Focus worldwide Code of Conduct and this statement
comply with our legal and ethical obligations and that all those under Micro
Focus' control comply with it.
Our Chief Legal Officer, supported by the Legal Corporate Compliance and Ethics
team, has primary and day-to-day responsibility for monitoring the Code of
Conduct and this statement's use and effectiveness. The Legal Corporate
Compliance and Ethics team is also assisted by the wider Legal, ESG, Human
Resources, Finance and Global Procurement teams in ensuring our compliance with
both the letter and spirit of the Modern Slavery Act and this statement.
Reporting
To date, Micro Focus has not identified or received any reports that it has
caused or contributed to slavery or human trafficking. Should any issues be
identified in relation to slavery or human trafficking, we have appropriate
processes in place throughout the company to enable remediation including, as
set out above, Micro Focus’ Whistleblowing Policy and related whistleblowing
telephone and web reporting service (https://www.microfocus.com/speakup).
8. NEXT STEPS
Micro Focus will continue to review the effectiveness of the steps we are taking
to ensure the risks of modern slavery and human trafficking in our business,
operations and supply chain remain low. Where necessary, we will aim to improve
any policies, procedures and systems that are already in place.
Approved by the Board of Micro Focus International Plc on: 30 March 2022
Signature:
Name: Stephen Murdoch
CEO
MARKETPLACE TERMS OF SERVICE
MICRO FOCUS MARKETPLACE END USER PARTICIPATION TERMS
These MICRO FOCUS MARKETPLACE END USER PARTICIPATION TERMS ("Participation
Terms") are a legal contract between you and, as applicable, Micro Focus
International plc or one of its group companies or affiliates ("Micro Focus")
and apply to your use of a Micro Focus marketplace (the "Marketplace") and your
use of applications made available in the Marketplace (each, an "Application").
These Participation Terms are effective beginning with your initial use of the
Marketplace.
1. INTRODUCTION: Before accessing the Marketplace or any Application, carefully
read these Participation Terms which are in addition to the Micro Focus Website
Terms of Use set forth at www.microfocus.com/about/legal ("Website Terms of
Use"). To the extent there is any conflict between these Participation Terms and
the Website Terms of Use, these Participation Terms shall control. The licensor
of each Application (the "Application Provider") is either Micro Focus or a
third-party licensor. The Application Provider licenses the Application to you,
the original end user, either for free or for a charge, solely for your
organization's internal purposes as set forth below and subject to the
applicable end user license agreement. Your use of each Application that you
download through the Marketplace is governed by the terms of the End User
License Agreement specified by the Application Provider (the "EULA").
Where Micro Focus is the Application Provider, the license to the Application is
governed by the Micro Focus EULA found at
www.microfocus.com/en-us/legal/software-licensing, effective beginning with your
initial use of that Application. Please note that Micro Focus has authorized
third parties to contribute Applications of such third parties to the
Marketplace and the use of that third-party Application is governed by the terms
and conditions specified by the third party rather than by the Micro Focus EULA.
If you do not agree to these Participation Terms, you may not use, download
from, or otherwise access the Marketplace. Using, downloading, or otherwise
accessing any part of the Marketplace indicates that you accept these
Participation Terms. You must be at least 13 (thirteen) years of age to use or
access the Marketplace. If you are at least 13 but under the age of 18, you must
have your parent or legal guardian's permission to use or access the
marketplace.
2. LIMITED ROLE OF MICRO FOCUS: Your agreement with each third-party Application
Provider is a binding agreement between you and that Application Provider only.
Such third party is solely responsible for the corresponding Application, the
content therein, any warranties to the extent that such warranties have not been
disclaimed, and any claims relating to that Application. You acknowledge that,
except in situations where Micro Focus is the Application Provider, Micro Focus
is not a party to the agreement between you and the Application Provider. Micro
Focus is not responsible for any third-party Application, the content therein,
or any warranties or claims that you or any other party may have relating to
that Application. You further acknowledge and agree that, with respect to any
Application for which Micro Focus is not the Application Provider, Micro Focus
is a third-party beneficiary of the corresponding EULA and, in such capacity,
has the right to enforce such EULA against you.
3. PRICES AND TAXES: Prices will be as set out on the Marketplace at the time an
order is submitted. Prices are exclusive of taxes, duties, and fees (including
installation, shipping, and handling) unless otherwise quoted.
4. INVOICES AND PAYMENT: You agree to pay all invoiced amounts at the time of
purchase. Micro Focus may suspend or cancel performance of open orders if You
fail to make payments when due. All sales are final.
5. RESTRICTIONS: You agree that Micro Focus and/or third parties own all right,
title and interest in and to the Marketplace as a whole and all Applications as
to which Micro Focus is the Application Provider (including all patents,
copyrights, trademarks and other intellectual property rights relating thereto).
Each Application is licensed for use only for a single Micro Focus account, and
you may not distribute or make the Application available over a network or for
use with multiple devices. You may not modify or alter an Application or use it
other than as expressly authorized by the corresponding EULA; provided that, if
applicable law permits you to copy or modify the Application, then you may copy
and modify the Application solely to the extent, and for such purposes as,
expressly permitted by applicable law. You may not attempt to, or assist or
encourage any other person or entity to circumvent, disable or modify any
security technology or software that is part of the Application or specified by
Micro Focus. Except as expressly authorized herein or in such EULA, all rights
in the Applications are reserved by the Application Providers. You agree that
you will not engage in any activity that interferes with or disrupts the
Marketplace or services available through Applications you have downloaded. You
further agree that you will not use any Applications you download to interfere
with or otherwise disrupt any servers, networks, websites or services.
6. MICRO FOCUS HAS THE RIGHT TO MODIFY, CHANGE OR TERMINATE YOUR USE OF THE
MARKETPLACE OR APPLICATIONS FOUND IN THE MARKETPLACE: Micro Focus reserves the
right, at its sole discretion and at any time, to add, remove, disable access
to, block, or modify the Marketplace or to impose limits on the use of or access
to certain features or portions of the Marketplace. In the event Micro Focus
determines in good faith that it is appropriate to do so, due to changes in the
obligations to, or restrictions imposed by, its third-party licensors or
partners, an Application Provider's violation of its agreement with Micro Focus,
or any governmental restriction or court order. Micro Focus may, without prior
notice or liability to you, remove, disable access to, block, or modify remotely
any Applications previously downloaded by you from the Marketplace. In such
event, you may need to contact the Application Provider for further action or
access.
7. MICRO FOCUS HAS THE RIGHT TO MODIFY THESE TERMS: Micro Focus reserves the
right to modify these Participation Terms at its sole discretion at any time.
Any such modification will be effective upon Micro Focus notifying you prior to
your continued use or access of the Marketplace. Your continued use of the
Marketplace after such notice will constitute your binding acceptance of the
Agreement as revised.
8. CUSTOMER SERVICE: Support of an Application is solely as agreed by you and
either (i) the applicable third-party Application Provider or (ii) Micro Focus
in cases where it is the Application Provider. Micro Focus does not provide
support for third-party Applications. For any issues or questions concerning
specific third-party Applications, please contact the Application Provider.
9. CONTENT ACCESSED THROUGH APPLICATIONS: You acknowledge and agree that certain
Applications may provide access to products, services, web content or other
third-party materials (together, "Third-Party Content") and that Micro Focus is
not responsible for such Third-Party Content. Micro Focus makes no
representations or warranties regarding such Third-Party Content.
10. REVIEWS: Micro Focus, in its sole discretion, may permit users to post
reviews of Applications on the Marketplace. Such reviews reflect the opinions of
the reviewers and not Micro Focus, and Micro Focus makes no representations as
to the accuracy or completeness of the reviews. You agree that Micro Focus shall
have no liability to you if you rely on the reviews to download or use an
Application. Micro Focus reserves the right to, but has no obligation to, remove
reviews that Micro Focus deems irrelevant or otherwise inappropriate for any
reason. If you post a review, you hereby grant Micro Focus a perpetual,
worldwide, fully transferable and sub-licensable, irrevocable, royalty-free
license to make, use, sell, market, reproduce, create derivative works of,
distribute, perform, and display the review in any manner and for any purpose.
You acknowledge that your personally identifiable information may be associated
with your review unless you post the review anonymously. If you post a review,
you agree not to post, publish or transmit any material that: (i) is false or
misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is
obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or
harm against any individual or group; (vi) infringes on another's rights,
including but not limited to any intellectual property rights; or (vii)
violates, or encourages any conduct that would violate, any applicable law or
regulation or would give rise to civil or criminal liability.
11. CONSENT TO USE OF DATA: To the extent permitted by law, you expressly
consent to the collection and use of information (which may include your
personal identifiable information such as your name, your email address, and
other like information associated with your user account) about your use of the
Marketplace, Applications obtained through the Marketplace, and the computer
systems on which such Applications are installed or accessed for security and
licensing purposes and to improve Micro Focus products and services. This
includes the use of Google Analytics or other analytics tools for the collection
of anonymous usage information, which helps Micro Focus understand how visitors
engage with the application catalog. Micro Focus will collect and use this
information and may disclose this information to the Application Provider. Your
information will be treated in accordance with Micro Focus' privacy policy (set
forth at www.microfocus.com/about/legal/#your_privacy) and in accordance with
applicable data protection laws.
12. INDEMNIFICATION: To the maximum extent permitted by law, you agree to
defend, indemnify and hold Micro Focus, its directors, officers, employees,
affiliates and agents (including without limitation its parent company, Micro
Focus International plc and its directors, officers, employees, affiliates and
agents) harmless from and against any and all claims arising out of your breach
of these Participation Terms, your use of the Marketplace, or your use of any
Applications downloaded from the Marketplace.
13. WARRANTY AND DISCLAIMERS: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MARKETPLACE IS AT YOUR SOLE
RISK AND THAT ACCESS TO THE MARKETPLACE IS PROVIDED TO YOU ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. MICRO FOCUS
DOES NOT WARRANT THAT USE OF THE MARKETPLACE WILL BE UNINTERRUPTED,
FAULT-TOLERANT OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
MICRO FOCUS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR STATUTORY
WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY
AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY STATED IN THE MICRO FOCUS EULA FOR AN
APPLICATION AS TO WHICH MICRO FOCUS IS THE APPLICATION PROVIDER, MICRO FOCUS
MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL THIRD-PARTY
SOFTWARE AND OPEN SOURCE SOFTWARE IS PROVIDED "AS-IS," WITHOUT WARRANTIES OF ANY
KIND BY MICRO FOCUS.
14. LIMITATION OF LIABILITY:
a. Liability Cap. In no event will any liability of one party to the other
party arising out of or in connection herewith exceed the lesser of (i)
$10,000 or (ii) the total fees paid by You for access to the Marketplace in
the preceding twelve (12) months. Nothing in this clause (Liability Cap)
shall limit either party's liability for willful misconduct or fraudulent
misrepresentation; unauthorized use of intellectual property; breach of
license; breach of confidentiality, but personal identifiable information
remains capped by this clause unless prohibited by applicable law; death or
bodily injury caused by negligence; non-payment of amounts owed; or any
liability which may not be excluded or limited by applicable law.
b. Mutual Disclaimer of Consequential Damages. In no event will either party be
liable for any indirect, special, incidental, consequential, punitive or
similar damages; loss of profits, business, data or programs (including, but
not limited to, the cost of recovery or replacement of such data or
programs); loss, damage or any costs due to interruption, delay or inability
to use Licensed Software, whether arising out of or in connection herewith,
even if informed of the possibility of such damages in advance.
c. Scope. The limitations and disclaimers in this section (Limitation of
Liability) apply to all causes of action, including but not limited to,
breach of contract, breach of warranty, negligence, strict liability,
misrepresentation and other torts.
15. GLOBAL TRADE COMPLIANCE: You agree to comply with the trade-related laws and
regulations of the U.S. and other national governments. If you export, import or
otherwise transfer Applications provided under these Participation Terms, you
will be responsible for obtaining any required export or import authorizations.
You confirm that you are not located in a country that is subject to trade
control sanctions (currently Cuba, Iran, N. Korea, N. Sudan, and Syria) and
further agree that you will not retransfer the Applications to any such country.
Micro Focus may suspend its performance under these Participation Terms to the
extent required by laws applicable to either party.
16. TERM AND TERMINATION: These Participation Terms are effective until
terminated. Micro Focus may terminate these Participation Terms in whole or as
it applies to your use of any Application if you breach any of these
Participation Terms. You may terminate it at any time by ceasing to use the
Marketplace, provided that any terms relating to your use of each Application
will survive unless and until you destroy all copies of such Application and
related documentation. Some jurisdictions do not allow the termination of this
type of Agreement, so the above provision may be limited in its application to
you. In addition, Micro Focus reserves the right to modify, suspend, or
discontinue the Marketplace (or any part or content thereof) at any time with or
without notice to you, and Micro Focus will not be liable to you or to any third
party should it exercise such rights.
17. GOVERNING LAW: These Participation Terms, as well as any claims or causes of
action, whether in contract, tort or statute, based on, arising under or
relating hereto, will be governed and enforced pursuant to the laws of the State
of Delaware, without giving effect to any conflict of law rule or other rule
that could result in the application of laws of a different jurisdiction. The
parties consent to exclusive jurisdiction of the state and federal courts of
Delaware. The United Nations Convention on Contracts for the International Sale
of Goods will not apply. The prevailing party in any proceeding has the right to
recover costs and reasonable attorneys' fees as awarded by the court or
arbitrator.
18. ENFORCEMENT: Micro Focus reserves the right to take any steps it believes to
be reasonably necessary or appropriate to enforce and/or verify compliance with
any part of these Participation Terms. You agree that Micro Focus has the right,
without liability to you, to disclose any information relating to your use of
the Marketplace to law enforcement authorities, government officials, and/or a
third party, as Micro Focus believes in good faith is appropriate to enforce
and/or verify compliance with any part of these Participation Terms.
19. SURVIVAL: Sections 2 (Limited Role of Micro Focus), 4 (Invoices and
Payment), 5 (Restrictions), 8 (Customer Service), 9 (Content Accessed Through
Applications), 10 (Reviews), 11 (Collection of User Data), 12 (Indemnification),
13 (Warranty and Disclaimers), 14 (Limitation of Liability), 17 (Governing Law),
18 (Enforcement) will survive any expiration or termination of these
Participation Terms.
20. ENTIRE AGREEMENT: These Participation Terms represent our entire
understanding with respect to their subject matter and supersede any previous
communication or agreements that may exist. Except as expressly specified
herein, modifications to these Participation Terms may be made only through a
written amendment signed by both parties. A failure by Micro Focus to exercise,
or a delay in Micro Focus' exercise of, its rights hereunder is not a waiver of
those rights.
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release/rel-2023-03-01-8663
Wed Mar 8 02:19:53 PST 2023
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