Terms and Conditions

IDENTITY UNIVERSITY

 

TERMS & CONDITIONS

 

BY ACCESSING IDENTITY UNIVERSITY, YOU HEREBY WARRANT THAT YOU ARE AN EMPLOYEE OR AUTHORIZED REPRESENTATIVE OF A CURRENT SAILPOINT CUSTOMER OR PARTNER AND THAT YOU HAVE AUTHORITY TO AGREE TO ALL OF THE TERMS AND CONDITIONS BELOW. THE MATERIALS AND INFORMATION CONTAINED IN IDENTITY UNIVERSITY ARE CONFIDENTIAL AND YOU MAY NOT SHARE ANY OF THE MATERIALS WITH ANYONE OUTSIDE OF YOUR ORGANIZATION.

 

1.  Terms of Use

 

Please read these terms of use ("Terms and Conditions”) carefully before accessing and using this site. By accessing and using the SailPoint Technologies, Inc. ("SailPoint") Identity University web site (https://university.sailpoint.com) and materials, which includes text, media, documentation, pictures and other content (collectively, “Identity University”), You acknowledge and agree to abide and be bound by these Terms and Conditions. If You do not agree to or understand these Terms and Conditions, do not access, deploy or use any materials provided on Identity University.

 

2.  Definitions

 

"You" and "Your" refers jointly and severally to the individual accessing this site and the SailPoint Customer or Partner by which You are employed or with which You are affiliated.

 

“Materials” refers to the software, courseware, toolkits, documentation and all other information whether tangible or intangible which are available on Identity University.

 

“Affiliate” refers to present or future companies that, directly or indirectly, through one or more intermediaries, control, are controlled by, or are under common control with SailPoint.

 

“Services” refers to the services provided by SailPoint in connection with the Materials, as well as any other related education or training services provided by or through SailPoint via Identity University.

 

“User Content” refers to any data, text, links, media, or other content that You submit to SailPoint via the Identity University website.

 

3.  Consent to Electronic Transactions

 

By selecting the box indicating your agreement to these Terms and Conditions, You acknowledge Your receipt of these Terms and Conditions and agree to receive it as an electronic record and abide and be bound by its terms, including those related to the waivers and limitations of liability.  You also agree to receive further electronic disclosures, policies and notices (“Notices”) from SailPoint via electronic means (e.g., through an email message or through their availability on a website).  Your selection of the box indicating your agreement to these Terms and Conditions is Your electronic signature and You agree that this signature is the legal equivalent of Your manual signature.  To access these Terms and Conditions and all other Notices as electronic records You will need the following hardware and software: a computer or mobile device with Internet connectivity, with any of these supported browsers: https://trainingrocket.atlassian.net/wiki/display/DOCS/Supported+Browsers. We recommend that you bookmark a browser link to these Terms and Conditions and all Notices.

 

4.  User Agreement

 

SailPoint reserves the right, to modify these Terms and Conditions from time to time at SailPoint’s sole discretion without prior notice. Modified terms are effective immediately upon being published on the Identity University website. It is Your sole responsibility to review the Terms and Conditions upon accessing Identity University or using Identity University materials. Your continued access of Identity University, or use of any Materials or Services after modified terms are posted shall be deemed to constitute Your acceptance of the modifications.

 

To the extent there is a conflict between these Terms and Conditions and other Agreements You may have with SailPoint, with regards to Identity University and the Materials and Services, these Terms and Conditions shall govern.

 

5.  Confidentiality

 

The Materials and Services provided by Identity University shall be considered “SailPoint Confidential Information” and shall be protected as such according to the terms of Your applicable Customer or Alliance Agreements with SailPoint. If such agreement(s) do not contain a confidentiality provision, the following provision applies: You will (a) not use or distribute or permit a third party to use or distribute any SailPoint Confidential Information, (b) not disclose any SailPoint Confidential Information to any third party or give any third party access thereto; and (c) use at least the same degree of care to avoid the publication, disclosure, reproduction or other dissemination of the SailPoint Confidential Information as You employ with respect to Your own and Your organization’s own valuable, proprietary information that You or Your organization protect from unauthorized publication, disclosure, reproduction or other dissemination, and in no event shall You use less than reasonable care.

 

6.  Rights Granted

 

Upon payment for Materials and Services, and subject to Your compliance with these Terms and Conditions, SailPoint hereby grants You the non-exclusive, non-transferrable, non-sublicensable, limited right to use the Materials and Services solely for Your personal educational benefit. Some Materials may be subject to additional license terms provided in the order.

 

Any Materials that Identity University provides may be used solely by the students participating in that course or class for the purpose of taking the course or class.

 

7.  Ownership and Restrictions

 

The copyrights and other intellectual property rights in Identity University are owned exclusively by SailPoint and its licensors.  This includes the words “SailPoint Technologies & Design,” “SailPoint,” “IdentityIQ,” “IdentityNow,” “SecurityIQ,” “AccessIQ,” “Identity Cube,” and “Managing the Business of Identity” are the registered trademarks of SailPoint.  Furthermore, “Identity is Everything,” “IdentityAI,” and “The Power of Identity” are trademarks of SailPoint.   None of the foregoing marks may be used without the prior express written permission of SailPoint. All other trademarks shown herein are owned by the respective companies or persons indicated. SailPoint also retains all ownership and intellectual property rights to the Materials and anything developed by SailPoint and delivered to or developed for You under Your order. You shall not acquire any rights in Identity University or the Materials, other than the limited license set forth above. You may print off pages of Identity University; however if you do so, you agree that you do not acquire any ownership rights in any of that material.  This right is non-transferable and non-sublicensable.  You may not copy, distribute, transmit, publish, sell, transfer, create derivative works of, or otherwise exploit any such material that you print off.  In consideration of this authorization, you agree that (a) any copy of these documents which you make shall retain all copyright and other proprietary notices contained in such documents and (b) these Terms and Conditions are included with any distribution.

 

If You submit any User Content to SailPoint, You hereby grant SailPoint a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Content when operating Identity University and for SailPoint’s and its affiliates’ internal business purposes.

 

Third party technology that may be appropriate or necessary for use with some SailPoint programs is specified in the program documentation referenced in Your order form.  Such third party technology is licensed to You under the terms of the third party technology license agreement and not under these Terms and Conditions.

 

You may not:

 

·         remove or modify any program markings or any notice of SailPoint’s or its licensors’ proprietary rights;

 

·         make the Materials or Services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program license or Materials You have been provided or given access);

 

·         cause or permit reverse engineering (unless required by law for interoperability), disassembly or de-compilation of the Materials (the foregoing prohibition includes but is not limited to review of data structures of similar materials produced by the Materials);

 

·         copy, distribute, transmit, publish, sell, transfer, create derivative works of, or otherwise exploit any Materials that SailPoint provides to You.

 

Identity University Materials and Services are not available or authorized for purchase from any third party.

 

8.  User Registration

 

The information You provide during user registration must be accurate and complete, and You agree not to register under the name of another person or otherwise impersonate any other person, including any Identity University user, moderator, public figure, or SailPoint employee.

 

You are responsible for maintaining the confidentiality of any user ID and password that You create (Your “ID”) during the user registration process, and You are fully and solely responsible for all activities that occur under Your ID.  It is up to You to take adequate precautions with Your ID and to immediately notify SailPoint of any unauthorized user of Your ID.

 

SailPoint explicitly disclaims liability for any and all losses and damages arising from Your failure to comply with this section.

 

9.  Personal Responsibility

 

By accessing the Identity University website and/or using an ID, you agree:

 

·     You may not use Identity University in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other user's use and enjoyment of Identity University. By way of example, You may not transmit any worms, viruses, or malicious code via Identity University.

 

·     You may not attempt to gain unauthorized access to any Materials, Services, screen names, computer systems or networks, through hacking, password mining or any other means. SailPoint may take any legal and technical remedies necessary to prevent the violation of this sub-provision.

 

·     You shall be solely responsible for all activity associated with Your account, including any User Content.

 

·     You represent and warrant that You are legally entitled to enter into these Terms and Conditions.

 

·     You represent and warrant that You are at least 18 years old.

 

·     You represent and warrant that all User Content that You may post to Identity University shall be Your wholly original material (except for material that You are using with the permission of its owner), and does not infringe or violate any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity.

 

·    You shall not post User Content that is hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages unlawful conduct.

 

·     You shall be solely responsible for keeping a duplicate copy of all User Content. You acknowledge that SailPoint is not responsible for any User Content you provide and that SailPoint may reject or delete such User Content in SailPoint’s sole discretion. SailPoint also assumes no responsibility for loss of information, howsoever such information is lost, including information which is permanently deleted either through the action of an employee or consultant or other who has access to the information, through failure of a computer network, or through any policy or directive of SailPoint for destruction of data.

 

·       You shall not share Your ID with any other person or publicly disclose it.

 

·      You shall comply with all state and local laws of each location in which you access Identity University.

 

·      You shall not use Identity University for any illegal or unauthorized purpose.

 

·     You represent and warrant that all User Content that You may post to Identity University does not contain any defamatory statements or contravene any contract, agreement or other arrangement nor the laws of any applicable jurisdiction.

 

·     You acknowledge that, by accessing or using Identity University, certain mobile carrier charges may apply, including SMS charges and data charges.

 

·     You shall have no right to access data or content of other users of Identity University, unless such access is authorized by SailPoint.

 

·     Except as expressly provided in these Terms and Conditions, any reproduction, display or other dissemination of information or content contained in Identity University is strictly prohibited and constitutes copyright infringement.

 

Any use of Identity University in violation of the foregoing violates these Terms and Conditions may result in, among other things, termination or suspension of Your rights to use Your ID and/or Identity University.  Furthermore, SailPoint reserves the right to deactivate or suspend use of Identity University or any Services or Materials provided through Identity University for any reason.

 

Identity University relies upon its users to identify and report content or conduct that is in contravention of these Terms and Conditions. Therefore, it is each member's responsibility to report content or conduct by emailing university@sailpoint.com.

 

10.  Ordering/Registration Options

 

Identity University accepts orders for Materials and student registrations for Services (including Instructor-Led Training (“ILT”) Services, Virtual Instructor-Led Training (“VILT”) Services, and/or self-paced E-Learning Services) via the Identity University website.

 

11.  Services Orders

 

Once You place an order, the payment obligation is non-cancelable and the sum paid is nonrefundable (except as otherwise specified in these Terms and Conditions). Identity University relies upon the accuracy of the information You provide and is unable to provide refunds or reissue invoices in connection with incorrect order submissions.

 

12.  Taxes and Expenses

 

You agree to pay any sales, value-added or other similar taxes imposed by applicable law that SailPoint must pay based on the Materials and/or Services You ordered, except for taxes based on SailPoint’s income. Also, You will reimburse SailPoint for reasonable expenses related to providing the Services. Notwithstanding the preceding sentence, expenses for private/onsite classes shall be charged as described in a “Statement of Work” executed between You and SailPoint. Fees for Services listed in Your order are exclusive of taxes and expenses.

 

13.  Pricing and Quotes

 

You will be charged using the current pricing in effect at the time of Your confirmed order placement. You may choose to take a quote instead of buying the order immediately from the shopping cart. The quote is stored within Your account to access at any time. However, quotes can become invalid for a number of reasons: the event has already occurred, the class is cancelled, a price change, etc. The quote terms only pertain to that quote and cannot be applied to other orders.

 

14.  Payment Options

 

You may use Identity University Training Credits, or a Purchase Order, or you may use Visa, MasterCard, American Express, JCB, or Discover cards to acquire Materials and Services offered in the Identity University online catalog posted on the Identity University website. You agree to the Terms and Conditions for buying and using Identity University Training Credits described in Section 28 below.  For convenience these may also found at https://university.sailpoint.com/legal/tc_terms_and_conditions.

 

15.  Third Party Payment Processing Services

 

All credit card payments will be made through a third party payment service provider, Stripe, Inc. (“Stripe”).  Stripe also uses various banks, money services businesses, payment networks, and other financial intermediaries to provide such services. Your interactions with Stripe are governed by certain terms and conditions from Stripe, including the Stripe Checkout User Services Agreement available at https://stripe.com/us/checkout/legal. We recommend that You review such terms and conditions prior to completing any credit card transactions on the Identity University website.

 

16.  Class Cancellation/Rescheduling

 

SailPoint may cancel or reschedule a class at its discretion, up to fourteen (14) calendar days ahead of the start date, and if it does, will use reasonable efforts to notify You in advance. You will not be charged for the SailPoint cancellation or rescheduling. All registered attendees will be contacted and offered a seat in the next available class. If the attendee wishes to cancel rather than be rescheduled, any attendance fees already paid to SailPoint will be refunded without penalty.

 

SailPoint is not liable for travel or accommodation costs incurred by students in the event that SailPoint cancels or reschedules an event.

 

17.  Student Cancellation

 

Please notify us as soon as possible of any changes in Your scheduled training. Cancellation and rescheduling requests must be received by SailPoint in email or other written communication.  The following additional cancellation terms shall apply:

 

Publicly Scheduled Instructor Led Training Events:

 

·         If You cancel or reschedule Your registration fifteen (15) or more calendar days before the scheduled class start date, SailPoint will assess no charge.

 

·         If You cancel or reschedule Your registration eight (8) to fourteen (14) calendar days prior to the class start date, SailPoint will assess 50% of the class fee.

 

·         If You do not show up for the event or cancel in seven (7) or fewer calendar days prior to the class start date, SailPoint will assess 100% of the class fee.

 

Private/Onsite Training Events: The cancellation policy is as described in the Statement of Work.

 

Notwithstanding anything to the contrary above, once You have downloaded Materials or accessed cloud Virtual Machines for an event, the class fee becomes fully payable and non-refundable and SailPoint will assess 100% of the class fee.

 

18.  Disclaimer of Warranties

 

SailPoint has established Identity University to provide You with access to Materials and Services.  While SailPoint has undertaken efforts to provide accurate information, such information is not comprehensive and SailPoint makes no commitment to update the information at any particular time.  Information on Identity University may also be changed at any time without notice.  Information on Identity University may also be approximate, such as, for example, the date of release of new Services to be offered through Identity University.  As a result, the information may not be accurate, up to date or applicable to the circumstances of any particular case.  Any decisions You make based on information contained in or provided through Identity University, including any Materials, are Your sole responsibility.    In addition, SailPoint cannot guarantee the security of the Identity University website and makes no representations or warranties as to whether Identity University is free of any viruses or other forms of data corruption.  You choose to access and/or use the Identity University website at Your own risk.  SailPoint also does not warrant that any credentials provided through Identity University will result in any increase in compensation or have any effect on the decisions of others.   Finally, You accept that SailPoint disclaims all liability for your inability to access any third party payment portals provided on Identity University via Payment Processors (as that term is used and defined in the Privacy Policy https://www.sailpoint.com/privacy/) (collectively, the “Payment Portal”).  You accept that SailPoint assumes no liability or responsibility for any unauthorized access to or use of the Payment Portal by You (or someone accessing Your ID or account) and any or all Personal Information (as defined in the Privacy Policy), including Your credit card information, that is lost as a result of such unauthorized access.  Under no circumstances shall SailPoint Entities be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the Payment Portal or Your information processed therein. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for certain types of damages, so the exclusions set forth above may not apply to you.

 

THE CONTENT ON Identity University (INCLUDING, WITHOUT LIMITATION, MATERIALS, SERVICES, POSTINGS, THIRD PARTY CONTENT, AND ALL OTHER SAILPOINT CONTENT) IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SAILPOINT DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON Identity University, REGARDLESS OF WHO ORIGINATES THAT CONTENT. SAILPOINT DOES NOT WARRANT THAT Identity University (INCLUDING THE PAYMENT PORTAL) IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU VOLUNTARILY ASSUME AND BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON SUCH CONTENT. IN NO EVENT SHALL SAILPOINT OR ITS AFFILIATES, RELATED COMPANIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS OF ANY OF THE FOREGOING ENTITIES (COLLECTIVELY, THE “SAILPOINT ENTITIES”) BE LIABLE TO YOU FOR ANY DEFICIENCY, ERROR, INACCURACY OR INTERRUPTION IN THE Identity University WEBSITE OR THE SERVICES OR MATERIALS PROVIDED THEREUNDER FOR DAMAGES OF ANY KIND.  YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY SHALL BE TO REQUEST THAT SAILPOINT CORRECT THE MATTER OR, IF SAILPOINT FAILS TO DO SO, TO DISCONTINUE YOUR USE OF Identity University.

 

19.  Limitation of Liability

 

EACH PARTY’S TOTAL AGGREGATE LIABILITY TO THE OTHER PARTY FOR ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES OR LIABILITIES OF ANY KIND, UNDER OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL NOT IN ANY EVENT EXCEED THE AMOUNT PAID BY YOU TO SAILPOINT FOR THE MATERIALS AND SERVICES IN THE ONE (1) YEAR PERIOD PRIOR TO THE DATE OF SUCH LOSS, DAMAGE, COSTS, EXPENSE OR LIABILITY, WHETHER SUCH LIABILITY IS BASED ON STATUTORY PROVISIONS, CONTRACT, NEGLIGENCE (INCLUDING CONTRIBUTION), STRICT LIABILITY, WARRANTY, GUARANTY, INDEMNITY OR ANY OTHER LEGAL OR EQUITABLE THEORY WHATSOEVER.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SAILPOINT ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, LOSS, CORRUPTION, SECURITY, OR LOSS OF DATA (BY HACKING, TAMPERING, UNAUTHORIZED ACCESS, THEFT, OR OTHERWISE), LOSS OF PROFITS, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE), REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLIGENCE), EVEN IF FORESEEABLE OR THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE Identity University (INCLUDING ANY SERVICES OR MATERIALS, OR ANY DATA YOU MAY HAVE STORED WITHIN Identity University) OR (B) ANY CONTENT OBTAINED FROM THE Identity University WEBSITE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN.

 

THIRD PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT SAILPOINT DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR THIS THIRD PARTY CONTENT.

 

20.  Indemnification

 

YOU AGREE THAT SAILPOINT SHALL NOT BE LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD SAILPOINT ENTITIES, PAYMENT PROCESSORS, AND ALL OTHER THIRD PARTY PROVIDERS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF USER CONTENT YOU SUBMIT, POST, TRANSMIT, OR MAKE AVAILABLE THROUGH Identity University, YOUR USE OF Identity University (INCLUDING TAKING EXAMS OR USING CREDENTIALS), YOUR VIOLATION OF THIS AGREEMENT OR OTHER POLICIES AND PROCEDURES APPLICABLE TO THE SERVICES AND MATERIALS, OR any infringement or misappropriation of any intellectual property right or other right of any person or entity by you. You agree to immediately notify SailPoint of any unauthorized use of your user account or any other breach of security known to you that may affect the security of IDENTITY UNIVERSITY .

 

21.  Third Party Websites and Services

 

The Identity University website may contain or reference links to non-SailPoint websites. SailPoint is not responsible for the content of any third party website or any link contained in a third party website. The inclusion of a link within Identity University does not imply any endorsement by or any affiliation with SailPoint. Access to any third party website is at Your own risk, and You should be aware that third party websites may contain terms of use that are different from those of Identity University.

 

In connection with Your use of Identity University, You may be made aware of services, products, articles, offers, and promotions provided by third parties, and not by SailPoint. If You decide to use these third party services, You are responsible for reviewing and understanding the terms and conditions governing those services. You agree that the third party, and not SailPoint, is responsible for performance of the services, and You expressly relieve SailPoint Entities from any and all liability arising from Your use of any third party website.

 

To the extent your use of the Materials or Services requires registration with a third party website, you agree to complete such registration and to comply with the application terms of use of such third party website.

 

22.  Regulatory/Export Compliance and Embargoed Nations

 

You acknowledge and agree that the Materials are subject to the export control laws, rules, regulations, restrictions and national security controls of the United States and other applicable foreign agencies (the "Export Controls"), and agree not to export or re-export, or allow the export or re-export of the Materials or any copy, portion or direct product of the foregoing in violation of the Export Controls. You hereby represent that (i) You are not an entity or person to which shipment of Materials is prohibited by the Export Controls; and (ii) You will not export, re-export or otherwise transfer the Materials to (a) any country subject to a United States trade embargo, (b) a national or resident of any country subject to a United States trade embargo, or (c) any person or entity to which shipment of Materials is prohibited by the Export Controls.

You may not use the Materials or Services for the benefit of any country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (“OFAC”) (available at www.treas.gov/ofac) or the U.S. Department of State’s Terrorist Exclusion List (available at www.state.gov).

 

23.  Force Majeure

 

SailPoint shall not be responsible for failure or delay of performance if caused by an act of war, act of terrorism, hostility, sabotage, act of God, pandemic, electrical, internet, or telecommunication outage, government restrictions (including the denial or cancellation of any export or other license), or other event outside SailPoint’s reasonable control.  If such event continues for more than 90 days, either party may cancel unperformed Services or undelivered Materials upon written notice.  This section does not excuse Your obligation to pay for Materials or Services ordered.

 

24.  Privacy

 

In addition to these Terms and Conditions, Your use of Identity University is governed by SailPoint’s Privacy Policy, which is posted at https://www.sailpoint.com/privacy-policy/.  Identity University may collect and process certain personal information from You in connection with Your registration for, and SailPoint’s provision of, certain Materials and Services. Identity University may also collect and process the personal information You have entered into the command prompt when using the Services, for security and fraud prevention purposes and to provide the Services. SailPoint’s collection, use and sharing of: (a) any such personal information will be as set forth in the Privacy Policy, which may be amended by SailPoint from time to time; and (b) any information other than personal information (as defined in applicable law, which may include the laws of other countries outside the United States) shall not be restricted by the terms of the Privacy Policy.  The Privacy Policy and any posted terms or guidelines or legal disclaimers on the Identity University website are hereby incorporated by reference into these Terms and Conditions.  You agree that SailPoint may use any information other than personal information that You provide to SailPoint in any way SailPoint chooses.  Such information will be deemed to be non-confidential.

 

25.  Special Terms for Instructor Led Training (ILT) and Virtual Instructor Led Training (VILT) Services

 

The following terms shall apply to any ILT or VILT Services provided to You by SailPoint:

 

·         ILT and VILT Waitlists: You may request to be added to a wait list for any ILT or VILT event that is currently full. If a seat becomes available, all wait list members are automatically notified by email. Upon receiving such an email, it is up to You to register for the class via the Identity University online catalog posted at the Identity University website.

 

·         Virtual Instructor-Led Training (VILT): VILT is exclusively for registered students; unregistered individuals may not view an VILT at any time. Registered students must view the class from the country listed in the registration form. Unauthorized recording, copying, or transmission of VILT content is strictly prohibited. You are responsible for meeting the minimum system requirements to attend a VILT.

 

·         International ILT Registrations: Students are responsible for ensuring they have all correct travel documentation (e.g., visas) in place prior to confirming attendance for a class.

 

·         ILT Classroom Environment: Participants are requested to sign in 15 minutes before the start of class on the first day. Business casual attire is appropriate. Course materials are provided by Identity University. Identity University classes are conducted with a team learning methodology. Participants should come to class prepared to enhance the learning experience by discussing course topics.

 

·         Student Behavior: For any ILT or VILT class, You are obligated to ensure that You (i) are appropriately qualified to participate in the class, including completing any course pre-requisites; (ii) arrive on time and in any event not later than twenty (20) minutes after its scheduled daily start time, and to attend the full daily class sessions; (iii) do not conduct Yourself in an unprofessional, anti-social or disruptive manner that could reasonably be considered contrary to Your employer’s rules and policies. SailPoint instructors have the right in their sole discretion to exclude from a training session any person they judge to be in breach of this paragraph. Likewise the class instructor has the sole discretion to mark you as having been present for the entire class, or not.

 

·         Minimum System Requirements: You, the student are responsible to provide a laptop or equivalent device that meets the minimum system requirements for the ILT or VILT course.   The device must have the minimum hardware and software pre-installed and ready for use before the first day of class.

 

·         Confirmation Process: Enrollments for ILT or VILT events are not confirmed until complete payment is received. SailPoint will send You an Enrollment Confirmation email once Your enrollment is confirmed.

 

·         Private Training: Except as otherwise agreed by SailPoint in writing, attendance at any private instructor-led classes is restricted to employees and staff of Your organization.

 

26.  Special Terms for E-Learning Services

 

The following terms shall apply to any E-Learning Services provided to You by SailPoint:

 

·         Minimum System Requirements: You are responsible for meeting the minimum system requirements to order e-Learning Services.

 

·         Payment: E-Learning Services orders are non-cancelable and non-refundable.

 

·         Use of Downloaded Programs: In the event that any SailPoint programs are made available for download as part of the Services, then use of such programs is subject to the terms of this agreement.

 

·         Term: Identity University self-paced E-Learning course materials are made available for a ninety (90) day term from the effective date of Your order; unauthorized individuals may not view Identity University E-Learning content at any time.

 

·         Viewing Restrictions: Identity University e-Learning must be viewed from the country of purchase, unless previously authorized by SailPoint. Unauthorized recording, copying, transmission or other distribution of Identity University E-Learning content is strictly prohibited. Identity University may update, remove or modify certain E-Learning Services course materials from time to time at its discretion.

 

27.  Student Satisfaction

 

In the event that a student has completed a publicly available, open enrollment ILT class (not a private onsite class) and has been present for all of the offering, but is not, in his/her reasonable opinion, satisfied with the class, then the student must notify SailPoint by emailing university@SailPoint.com within 30 business days following completion of the class. SailPoint, at its sole discretion, may then permit the student to retake the same version of the same class title (or at the student's option, the equivalent class provided online, if available) once more for free within 6 months following SailPoint's receipt of the notification (or if it is not available during such 6 month period, as soon as the class is available thereafter). The Student Satisfaction program does not apply: (i) to the retaken class; (ii) to self-paced E-Learning courses; and (iii) if the student is not able to satisfy the above criteria for reasons beyond SailPoint's reasonable control, or (iv) if the student has been excluded from training by the instructor invoking the above Student Behavior policy. SailPoint is not responsible for any applicable taxes, transportation costs, lodging costs or other expenses or costs related to the retaken class. This is the sole remedy and SailPoint's exclusive liability in the event that a student is not satisfied with the class.

 

28. Identity University Training Credits Terms and Conditions of Use

Training Credits may be used to acquire training services offered by SailPoint's Identity University through its online catalog provided at  https://university.sailpoint.com, and are strictly intended as an alternate payment method to a credit card at the electronic checkout provided by https://university.sailpoint.com. When purchasing an item from the catalog using Training Credits, there must be sufficient Training Credit account balance available to cover the full and final cost at checkout, including any taxes and other charges related to your order. Training Credits may not be used to pay for additional Training Credits. Training Credits may be used to pay for private training delivered via a statement of work, but may not be used to pay for non-training expenses such as travel, printing, implementation or expert professional services.

 

Training Credits are valid for a period of 12 months from the date of purchase. Training Credits purchased as part of a SailPoint sales agreement co-terminate with the expiration date on the agreement used for purchase or after the term of 12 months, whichever is sooner. However they are purchased Training Credits are not subject to sales taxes, VAT, etc. Training Credits are non-refundable, non-transferable and non-assignable. Training Credit Accounts may be suspended if you are on a credit hold with SailPoint.  A minimum of $100 USD is required for any Training Credit purchase.

 

Managing Training Credits

Every Training Credit Account must have at least one Account Owner in Identity University and every Account Owner must be an enabled Identity University user with a verified email address. Account Owners may only distribute Training Credits internally to their company employees. Only Account Owners will have access to see the balance of Training Credits held in their account. Account Owners will be able to buy additional Training Credits for their account any time they are logged into Identity University by using a major credit card or by purchase order.

 

 29.  Other

 

You agree that these Terms and Conditions , the information which is incorporated into these Terms and Conditions by written reference (including reference to information contained in a URL or referenced policy), and any other legal notice we have published on Identity University, together with the applicable order, are the complete agreement for the Materials and Services ordered by You, and that these Terms and Conditions supersede all prior or contemporaneous agreements or representations, written or oral, regarding such Materials and Services. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain effective. It is expressly agreed that the terms of these Terms and Conditions and any SailPoint ordering document shall supersede the terms in any purchase order or other non-SailPoint ordering document and no terms included in any such purchase order or other non-SailPoint ordering document shall apply to the Materials and/or Services ordered. Notwithstanding the foregoing, Your use of any other services provided by SailPoint, including Your use of the Horizon or Compass websites, shall be governed by separate agreements and/or terms applicable to such services.  With respect to Your use of such services, such separate agreements shall govern and supersede these terms. These Terms and Conditions and ordering documents may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by SailPoint.

 The headings used in these Terms and Conditions are for convenience only and have no legal meaning or effect. Terms defined in the singular have the corresponding meanings in the plural, and vice versa. Unless the context of these Terms and Conditions clearly requires otherwise, words importing the masculine gender include the feminine and neutral genders and vice versa. The terms “include,” “includes” or “including” mean “including without limitation.” The words “hereof,” “hereto,” “hereby,” “herein,” “hereunder” and words of similar import, when used in these Terms and Conditions, refer to these Terms and Conditions as a whole and not to any particular section or article in which such words appear. The word “or” will not be construed as exclusive.

 

Other than the SailPoint indemnitees, no other person or company will be third party beneficiaries to the Terms and Conditions.

These Terms and Conditions and any action related to the access or use of Identity University will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence.  All claims, legal proceedings or litigation arising in connection with Identity University will be brought solely in Travis County, Texas, USA and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

NOTHING CONTAINED IN THESE TERMS AND CONDITIONS IS A WAIVER BY SAILPOINT OF ANY REMEDY OR RIGHT, IN LAW OR EQUITY, ALL OF WHICH ARE EXPRESSLY RESERVED WITHOUT PREJUDICE.

 

30.  Copyright © 2018 SailPoint Technologies, Inc., All Rights Reserved.

 

No part of this document may be published, distributed, reproduced, publicly displayed, used to create derivative works, or translated to another language, without the prior written consent of SailPoint Technologies.

 

Use, duplication or disclosure of any SailPoint software (including the Materials and Services) by the U.S. Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227- 7013 for DOD agencies, and subparagraphs (c) (1) and (c) (2) of the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 for other agencies.   Use, duplication or disclosure of any non-commercial SailPoint software (including the Materials and Services) by the U.S. Government is subject to restrictions as set forth in the Rights in Computer Software or Computer Software Documentation clause at DFARS 252.227 – 7014.