Standard Terms And Conditions Of Diamanti, Inc. Promotions

Standard Terms And Conditions Of Diamanti, Inc. Promotions

Please read these Standard Terms and Conditions of Promotions and the corresponding Special Terms and Conditions of Promotions carefully.

Ultima Accelerator with Spektra Enterprise 3 Nodes Starter Kit

Article 1 – Definitions

1. The following definitions apply for the purposes of these Standard Terms and Conditions of Promotions:

Article 2 – Participation

1. Every organization in the promotion area at the time of participation may participate in the promotion. Diamanti, Inc. is entitled to ask for proof.
2. The participant must have an existing e-mail address and address in the promotion area. Participants who use an incomplete or fictitious e-mail address, address and/or names may be excluded from participation by Diamanti, Inc.
3. Employees of Diamanti, Inc., of businesses associated with Diamanti, Inc., and all persons who are involved directly or indirectly with the promotion, its organization, or the benefit, or the direct or indirect provider of the benefit and their respective employees, are excluded from participation.
4. In the event of misuse, fraud, manipulation, circumvention or a breach of the terms and Conditions of Promotions, Diamanti, Inc. is entitled to exclude participants or groups of participants. Diamanti, Inc. is entitled to do this on the basis of a suspicion and is not bound to inform the participant or to provide proof.
5. By participating in the promotion, the participant states to agree to the terms and Conditions of Promotions.
6. The participant can only participate in the promotion during the promotion period and only in the manner described in the Special Terms and Conditions of Promotions. If the Participant submits his entry late, early, in a way other than the prescribed manner, or otherwise incomplete, he shall be excluded from participation without further notice.
7. There are no costs or conditions associated with participation, except in so far as provided otherwise in the Special Terms and Conditions of Promotions.
8. The participant states and guarantees that the entry material that he/she makes available to Diamanti, Inc. in the framework of a promotion is not unlawful and not in breach of the law. In particular, the participant states and guarantees explicitly that the entry material does not breach intellectual property rights or other rights of third parties and is not injurious, insulting, racist, offensive, libelous, discriminating or otherwise in breach of good taste or decency and is not and cannot be misleading or unlawful in any way. If Diamanti, Inc. believes this to be suitable or necessary in its own free opinion due to one of the aforementioned reasons or any other valid reason, Diamanti, Inc. may refuse or remove the entry material without consultation with or consent from the Participant.
9. The participant transfers all current and future intellectual property rights and other rights to the entry material explicitly and unconditionally to Diamanti, Inc., (1) for as long as the relevant rights apply and (2) to the extent permitted by law. Diamanti, Inc. may use and license the entry material worldwide and without restrictions by means of every conceivable medium after expiry of the promotion period. Furthermore, the participant waives every right to compensation in connection with the entry material and its transfer.
10. Only during the promotion period may the participant request Diamanti, Inc. to remove the entry material, following which the relevant entry material will be removed as soon as possible. This request leads to a declaration of invalidity of the participation in the framework of which the entry material was transferred. The relevant participant will no longer be eligible for the benefit for that participation.

Article 3 – The Benefit

1. Promotion Start Date: December 1, 2021
2. Promotion End Date: January 31, 2023
3. Promotion Name: Ultima Accelerator with Spektra Enterprise 3 Nodes Starter Kit
4. Benefit: Three (3) Dell, Lenovo, or Intel Servers provided at no cost with purchase of Three (3) Ultima Accelerator with Spektra Enterprise licenses with three (3) year term duration. Customer must also purchase remote implementation services
5. The Three (3) Ultima Accelerator with Spektra Enterprise licenses may be purchased as three (3) year subscription term or perpetual with three (3) years of maintenance support
6. Purchase includes 3-year hardware warranty and Premium 24/7 telephone support
7. License includes Ultima Accelerator & Spektra Enterprise storage, networking, and orchestration software for containerized workloads

Article 4 – Exclusion of liability

1. Diamanti, Inc. is not in any way liable for costs and additional expenses a Participant would have to incur in connection with the payment or use of the benefit.
2. Except for gross negligence or intent, Diamanti, Inc., its employees, assistants or third parties it engaged are not liable for damage caused by the payment or use of the Benefit or the participant’s participation in the promotion.
3. Diamanti, Inc. is not responsible or liable in the event of fraud by participants.

Article 7 – Privacy

1. The personal details that are provided by the participant to Diamanti, Inc. in the framework of this promotion are subject to the applicable national legislation regarding privacy. In its capacity as the party responsible for processing, Diamanti, Inc. shall only process these details for purposes that promote the proper progress of the promotion, own market research and direct marketing, and for purposes referred to in Article 3. Within the framework of the aforementioned purposes, the personal details may be passed on to one or more entities of the group to which Diamanti belongs or in the event of a statutory obligation or following a request from the police or judicial authorities.
2. Every participant may exercise his statutory right to access, improve, or oppose the use of personal details for direct marketing free of charge by sending a written, signed and dated request to that effect, together with a copy of his proof of identity to Diamanti, Inc., by means of standard post to Diamanti, Inc., 111 N Market St Suite 800 San Jose, CA 95113. If it concerns an electronic proof of identity, a print of the content of the chip or an official statement of domicile are also required.

Article 8 – Complaints

1. Anyone with questions, complaints or comments may turn to the Diamanti, Inc. Customer Services at https://diamanti.com/contact-sales/ or 408-539-328. Customer Services can also be contacted at the e-mail address [email protected].

Article 9 – Final Provisions

1. Diamanti, Inc. is entitled to amend these terms and Conditions of Promotions, without stating reasons, or to cancel the promotion, if, in the light of statutory or regulatory provisions or interpretations thereof by government bodies, the promotion cannot be continued or cannot be continued unchanged, if the further implementation of the promotion is actually or otherwise impossible or impossible under the same conditions or if the circumstances concerning the promotion have changed to such an extent that its continued progress involves unreasonable or disproportionate extra costs or difficulties for Diamanti, Inc..
2. The Terms and Conditions of Promotions are governed by the law of the promotion area determined in the Special Terms and Conditions of Promotions, if the promotion area comprises several countries, it is governed by the law of the domicile of the participant, being: the United States, Canada, Mexico, Netherlands, Belgium, France, Germany, Austria, Switzerland, Denmark, UK, France, Luxembourg and Sweden.