Customer Reference Agreement Terms and Conditions

Your company (“You”) by submitting a completed form for the Customer Reference Agreement with the e-signature of Your authorized representative grants permission to Micro Focus International plc and its affiliates (“Micro Focus”) to describe Your Micro Focus experience in Micro Focus marketing material (such as a case study, image, podcast, press release, video, etc.), and on Micro Focus-owned websites.

For Micro Focus marketing material, Micro Focus will pick the format and develop the draft material. You will have the opportunity to review the accuracy of the material and provide approval prior to the first external use or publication. Micro Focus may use, edit, and publish such material (and any extracts and translations based on such material) on a worldwide basis, through any medium, support, format, conventional or digital and in any media.

This authorization is made without any compensation to You. It will continue until You notify Micro Focus otherwise in writing.

You and Micro Focus agree to comply with all applicable laws and regulations pertaining to this engagement, including but not limited to those relating to the collection, use, transfer, storage, protection, disposal and disclosure of personally identifiable information or other legally protected information collected from or provided by third parties (collectively, “Protected Information”). Micro Focus may collect, process, and use Your data (including personally identifiable information) to perform duties or exercise rights under this engagement. Each party will ensure its practices relating to collection, use and marketing of Your data are consistent with applicable data protection and privacy laws and regulations, including obtaining of consent for transfer and use of Protected Information.

This authorization is the entire and complete understanding regarding this subject matter, and supersedes all prior written agreements or understandings regarding this subject matter. Modifications to this authorization will only be made by written agreement signed by both You and Micro Focus. Any dispute relating to this release will be governed by the laws of the state of Delaware, U.S.A., except for its conflict of law rules. Except where prohibited by applicable law, Your aggregate liability and the aggregate liability of Micro Focus under this engagement are each limited to $25,000, regardless of the cause of action or type of damages. In no event will either You or Micro Focus be liable for any indirect, special, incidental, consequential or punitive damages, even if informed of such damages in advance.

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