Plex Education Services Acceptable Use Policy

Plex Systems, Inc. (“Plex”) makes education services software and programs (“Education Services”) such as its All Access Pass subscription service (“AAP”) and Boot Camp training (“Boot Camp”) for the benefit of Authorized Users (as defined below) from customers and qualified partners (each, a “Customer”) that subscribe to Plex’s proprietary web-based ERP software platform (“PLEX”) and/or are enrolled in the Plex Partner Program. This Education Services Acceptable Use Policy (“Education Services Policy”) governs the terms and conditions for the Education Services provided by Plex to Customers and their Authorized Users who access or use the Education Services.

Requirements Before Using Education Services

The following are requirements for Customers and their employees or service providers (each, an “Authorized User”) before accessing, using, registering and/or attending, as applicable, any of the various Education Services programs:

• Customer must have a current subscription for access to and use of PLEX.
• Customer must subscribe to AAP and/or purchase the quantity of seats sufficient for the desired number of their Authorized Users to attend Boot Camp (“Boot Camp Seats”).
• Authorized Users must create an account (“Authorized User Account”) by going to the Plex Education Portal.
• To attend Boot Camp, Authorized Users must first select and register for a Boot Camp session, where applicable, by visiting the Boot Camp Registration Site.
• Within the Plex Education Portal, the Authorized User must agree to accept the terms and conditions of this Education Services Policy. By clicking on the checkbox next to “I agree to the terms and conditions of the Education Services Acceptable Use Policy,” the Authorized User is acknowledging his/her understanding and acceptance of this Education Services Policy which shall be incorporated by reference into the subscription agreement between Customer (or its Affiliate) and Plex covering Customer’s access to and use of PLEX (as amended, modified or replaced from time to time, the “Subscription Agreement”).

Registration for Education Services

• An Authorized User must create an Authorized User Account in the Plex Education Portal to gain access to online courses. AAP courses require Authorized User Accounts to be associated with their respective “branch” or company. Account creation must be completed by either a) self-registration using the assigned Access Code found in customer’s provided “AAP Welcome Guide” document at the time of account creation, or b) assisted registration wherein an account is created and provisioned by their company’s PEP administrator “Power User.”
• Authorized Users wishing to attend Boot Camp must also register through the Boot Camp Registration Site  and should carefully read the terms in the Public Boot Camp and Private Boot Camp sections below where appliable.

Public Boot Camp

• Boot Camp Seats. The number of Customer’s Authorized Users permitted to attend Boot Camp cannot exceed the quantity of Boot Camp Seats purchased by Customer for its Authorized Users under the terms of its Subscription Agreement. Boot Camp Seats not purchased at the time of Customer’s initial subscription to PLEX under a Subscription Agreement may subsequently be purchased by Customer as a separate transaction pursuant to the terms of the Subscription Agreement. Standard rates in effect at the time of purchase shall apply, and, subject to the terms of Customer’s Subscription Agreement, any rates or discounts applicable to prior purchases of Boot Camp Seats will not be applicable to such subsequent purchases.
• Period for Use of Boot Camp Seats. All Boot Camp Seats must be used within one (1) year of the date of purchase after which such Boot Camp Seat(s) shall automatically expire, and neither Customer nor any Authorized User will be permitted to use such Boot Camp Seat. Customers will be required to purchase another Boot Camp Seat if they desire to have an Authorized User attend Boot Camp.
• Pre-Registration. Authorized Users must pre-register to attend Boot Camp through the Boot Camp Registration Site at least tw o (2) business days prior to the day the Boot Camp initial session is scheduled to take place. Authorized Users are subject to availability and Plex has the sole and absolute discretion to admit or deny admission to any Authorized User who did not register through the Boot Camp Registration Site and Plex shall not be liable to any Authorized User or Customer for not admitting such Authorized User in such circumstances.
• Cancellation by Authorized User. Authorized Users who cannot attend a Boot Camp session for which they registered must cancel their registration using the Boot Camp Cancellation Form through the Boot Camp Registration Site at least ten (5) business days in advance of the scheduled Boot Camp session to avoid cancellation fees. Cancellations received by Plex after 5:00 P.M. Eastern Time will be considered received on the following business day.
  • Cancellations received by Plex through the Boot Camp Registration Site at least ten (5) business days prior to the day of the initial Boot Camp session for which an Authorized User is registered will receive a 100% credit to be applied towards enrollment at a future Boot Camp (through the Boot Camp Registration Site) on or before the Boot Camp Seat Expiration Date for which such Authorized User’s registration was cancelled.
  • Cancellations not received by Plex through the Boot Camp Registration Site or received less than ten (5) business days prior to the day of the initial Boot Camp session for which an Authorized User is registered the seat is forfeit and the customer will still be responsible for payment of the cost of the seat(s).

Cancellation by Plex. Plex may cancel Boot Camp for any reason, including, without limitation, for low number of registrants, technical difficulties, instructor scheduling conflicts, or any other situation beyond Plex’s control. If Plex cancels a scheduled Boot Camp session, Plex will attempt to notify Authorized Users registered for such Boot Camp at least one (1) week prior to the scheduled day of the initial Boot Camp session. Customers will receive a 100% credit to be applied exclusively towards enrollment at a future Boot Camp through the Boot Camp Registration Site held within ninety (90) days of the date of the cancelled Boot Camp or the Boot Camp Seat Expiration Date, whichever is later.

• Boot Camp Fees Non-Refundable. All fees associated with purchasing Boot Camp Seats and other fees associated with registration and enrollment for Boot Camp are non-refundable. If eligible, Customer will be permitted to apply the approximate value of the Boot Camp Seat (based on the amount paid at the time of purchase) towards registration and attendance at a future Boot Camp session within the applicable period specified by Plex which shall be in full satisfaction of Plex’s obligations for Customer’s rights to use the purchased Boot Camp seat. Except as described in the preceding sentence, Plex shall have no obligation to issue, apply or pay any credits, refunds (full or partial) or other amounts towards or in exchange for any Boot Camp Seat or any Boot Camp session (or portion thereof) that is not used (i) due to Customer’s or an Authorized User’s cancellation (other than as permitted under any applicable cancellation terms above) or failure to attend for any reason; or (ii) prior to the applicable Boot Camp Seat Expiration Date, as described above. Plex shall have no liability to Customer, any Authorized User or any third party for any damages, losses, claims or amounts, associated with Plex’s cancellation of any Boot Camp or expiration of any Boot Camp Seat, including, without limitation, any amounts for costs, fees, payments, refunds, penalties or expenses associated with travel to or from a Boot Camp location.
• Boot Camp Attendance. All Authorized Users must attend each Boot Camp session in its entirety. No substitutions of classes, sessions or other Authorized Users (or attendees) will be permitted. Boot Camp Seats are not transferable or assignable (except in connection with the assignment of the Subscription Agreement as provided therein).
• Participant Conduct Policy & Classroom Expectations. Participants of Boot Camp are expected to exhibit behavior that is professional, courteous, and conducive to a shared learning environment.
  • Respect for Others: Treat instructors and fellow participants with courtesy and professionalism. Disruptive, discriminatory, or harassing behavior is not tolerated.
  • Active Participation: Engage fully in all exercises and discussions. Notify instructors in advance if you must step away or will be absent.
  • Safety and Compliance: Follow all safety instructions and comply with facility rules.
  • Use of Materials: Do not record, copy, or distribute Boot Camp materials without permission.
  • Consequences: Plex reserves the right to take action for violations of conduct including but not limited to; warnings, removal from sessions, or forfeiture of Boot Camp seats without credit.
• Boot Camp Course Content and Materials. All materials provided by Plex during Boot Camp are considered Plex Property (as defined below) for use solely in Customer’s internal business and by the Authorized User for Boot Camp training in association with the use of PLEX. No portion of a Boot Camp session or any materials provided in connection therewith may be recorded, copied, duplicated, re-created or distributed without the prior written consent of Plex.

Private Boot Camp

• Private Boot Camp Seats. The number of Customer’s Authorized Users permitted to attend a Private Boot Camp cannot exceed the quantity of twelve (12) for its Authorized Users under the terms of its Subscription Agreement. A Private Boot Camp not purchased at the time of Customer’s initial subscription to PLEX under a Subscription Agreement may subsequently be purchased by Customer as a separate transaction pursuant to the terms of the Subscription Agreement. Standard rates in effect at the time of purchase shall apply, and, subject to the terms of Customer’s Subscription Agreement, any rates or discounts applicable to prior purchases of Private Boot Camp will not be applicable to such subsequent purchases.
• Period for Use of Private Boot Camp. All Private Boot Camps must be used within one (1) year of the date of purchase after which such Private Boot Camp(s) shall automatically expire, and neither Customer nor any Authorized User will be permitted to use such Private Boot Camp.
• Private Boot Camp Fees Non-Refundable. All fees associated with purchasing Private Boot Camp and other fees associated with registration and enrollment for Private Boot Camp are non-refundable. If eligible, Customer will be permitted to apply the approximate value of the Private Boot Camp (based on the amount paid at the time of purchase) towards registration and attendance at a future Private or Public Boot Camp session within the applicable period specified by Plex which shall be in full satisfaction of Plex’s obligations for Customer’s rights to use the purchased Private Boot Camp. Except as described in the preceding sentence, Plex shall have no obligation to issue, apply or pay any credits, refunds (full or partial) or other amounts towards or in exchange for any Private Boot Camp or any Public Boot Camp session (or portion thereof) that is not used (i) due to Customer’s or an Authorized User’s cancellation (other than as permitted under any applicable cancellation terms above) or failure to attend for any reason; or (ii) prior to the applicable Private Boot Camp Expiration Date, as described above. Plex shall have no liability to Customer, any Authorized User or any third party for any damages, losses, claims or amounts, associated with Plex’s cancellation or expiration of any Private Boot Camp, including, without limitation, any amounts for costs, fees, payments, refunds, penalties or expenses associated with travel to or from a Private Boot Camp location.
• Private Boot Camp Attendance. All Authorized Users must attend each Private Boot Camp session in its entirety. No substitutions of other Authorized Users (or attendees) will be permitted. Private Boot Camp Seats are not transferable or assignable (except in connection with the assignment of the Subscription Agreement as provided therein).
• Private Boot Camp Course Content and Materials. All materials provided by Plex during Private Boot Camp are considered Plex Property (as defined below) for use solely in Customer’s internal business and by the Authorized User for Private Boot Camp training in association with the use of PLEX. No portion of a Private Boot Camp session or any materials provided in connection therewith may be recorded, copied, duplicated, re-created or distributed without the prior written consent of Plex.
• Private Boot Camp Instructor Travel and Expenses. Customer is responsible for reimbursement for reasonable and necessary out-of-pocket expenses, applicable taxes, and fees for on-site services relating to and solely for the purpose of delivery of Private Boot Camp (see “Travel and Expense Policy”).

All Access Pass (AAP)

• Use Restrictions. AAP provides Authorized Users with access to online courses through the Plex Education Services Learning Management System (“Plex Education Portal”) at https://education.plex.com
  • Only Authorized Users who are employed by or provide services to a customer with a current, valid subscription to AAP may access or use AAP courses. Access to and use of the AAP are subject to the limitations and restrictions in the Education Services Account, Limitations on Use of Educational Services, and Ownership of Plex Property sections below.
  • Authorized Users of the Plex Education Portal are provided technical support for standard user functions including account management, course access, and administration functions (for AAP Subscribers) as outlined in Using the Plex Education Portal for Power Users.
  • Authorized Users of the Plex Education Portal who require technical support must submit an Education Services case type in Plex Service Cloud, which can only be submitted by Customer’s assigned “Authorized Contact,” which is dictated by Customer’s “Support Level Agreement”.

Education Services Account

Access to the Education Services and the Plex Education Portal requires each Authorized User to have a separate Authorized User Account and is password-controlled. Customer is responsible for, and will implement and use industry-standard measures to, (a) maintain the security of Authorized User Account passwords and instruct its Authorized Users as to the importance of maintaining the confidentiality of passwords and/or Authorized User identifications; and (b) prevent unauthorized access to, or use of, the Education Services, and notify Plex promptly of any such unauthorized access or use. Sharing Authorized User Account login information and access codes with other individuals or entities, whether employees or service providers of Customer or otherwise, is strictly forbidden. Customer will cause its Authorized Users to comply with the provisions of this Education Services Policy and shall be responsible and liable for the acts and omissions of all Authorized Users relating to this Education Services Policy and the Education Services.

Travel and Expense Policy

Reimbursable Expenses. Our service arrangements include client reimbursement for reasonable and necessary out-of-pocket expenses and applicable taxes, including:

• Lodging
• Office supplies to be used at client’s location
• Parcel and document shipping charges
• Airfare and baggage charges (excludes optional in-flight services)
• Travel booking charges
• Laundry services (when travel exceeds one week)
• Taxis and public ground transportation
• Parking and tolls
• Car rental and fuel
• Mileage for use of personal vehicle, subject to current IRS rate and policy
• Modest service gratuities
• Internet access charges while traveling (when applicable)
• Meals
• Meal allowance where required by applicable Law

In instances where there is a reasonable and necessary expense not covered by the above list, client approval will be obtained in advance. Plex will use commercially reasonable efforts to minimize expenses without undermining or jeopardizing service performance and schedules.

• Air Travel. Air travel will be in coach class only for domestic flights, unless Plex bears the cost of the difference between coach and first class. International travel may be booked in business class for flights exceeding 10 hours with approval of both Customer and Plex project leads. If a restricted fare is booked and the client subsequently requires a change, an exchange fee may be claimed. Flights will be scheduled in good faith to provide the best value for the client, considering the tradeoff between potential reduced fare of an indirect or off-peak flight with the impact of increased travel hours and impact on project schedule. For domestic travel, Plex employees shall be permitted to return home on weekends or legal holidays in the case of travel exceeding one week.
• Lodging. Lodging will generally not be charged when Plex employees are working within 50 miles of home, but exceptions may be made when travel is unsafe due to weather conditions, or when work schedules make an overnight return home logistically or financially impractical. Lodging charges exclude any additional charges for entertainment or recreational services.

Limitations on Use of Educational Services

Neither Customer nor its Authorized Users shall: (a) modify, copy or create any derivative works based on the Education Services; (b) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau or otherwise make the Education Services available to any third party; (c) reverse engineer or decompile any portion of the Education Services, including any software utilized by Plex in the provision of the Education Services; (d) copy any features, functions, integrations, interfaces or graphics of the Education Services; (e) use the Education Services in violation of Laws or outside the scope of the rights granted in the Subscription Agreement or this Education Services Policy; (f) in connection with the Education Services, send or store any material that is obscene, threatening, or otherwise unlawful or tortious or violates any Laws or other party’s rights, including any privacy, publicity, import and export control, data protection, electronic communications, or anti-spamming Laws or rights; (g) send or store any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents, or programs in connection with the Education Services; (h) interfere with or disrupt performance of the Education Services or the data contained therein; or (i) attempt to gain access to the Education Services or its related systems or networks in a manner not set forth herein related to such services.

Ownership of Plex Property

The Education Services contain software and other copyrighted and proprietary products and materials of Plex or licensed to Plex from one or more of its licensors (collectively, the "Plex Property"). Subject to the limited rights expressly granted hereunder, Plex and its licensors reserve all of its and their respective right, title and interest in and to the Education Services and other Plex Property, respectively, including all patents or applications therefor, copyrights, trademarks, domain name rights, trade secret rights and all other intellectual property rights (collectively, “Intellectual Property Rights”) therein. Plex may modify or improve the Education Services and/or Plex Property at any time and Plex’s rights (including all Intellectual Property Rights) will include all enhancements, modifications, adaptations and/or derivative works therein and thereto (whether made by Plex, a third-party or jointly).

Modifications and Amendments

Plex may, at any time and in its sole discretion, amend this Education Services Policy. The revised Education Services Policy will become effective as to Customer and its Authorized Users the date that an Authorized User accesses, uses, registers or attends, as applicable, any of the Education Services following Plex’s notice that this Education Services Policy has been revised.

Authorized User Personal Data

Customer and Authorized User acknowledge and agree that Authorized User’s personal data may be transferred to, stored in, or accessed from outside the United States solely in order to provide the Education Services or for Plex to fulfill its obligations under this Education Services Policy. Plex shall, in providing the Education Services, comply with its privacy policy available at https://plex.rockwellautomation.com/en-us/privacy-policy.html, or such other web site address made publicly available.

General

• Headings. Headings contained in this Services Agreement are inserted for convenience of reference only and shall not in any way define or affect the meaning or interpretation of any provision of this Education Services Policy.
• Terms. Terms for which meanings are defined in this Education Services Policy shall apply equally to the singular and plural forms of the terms defined. Unless otherwise indicated, the word “including” shall mean “including, without limitation” or words of similar effect. Capitalized terms not otherwise defined herein shall have the meanings assigned to such terms in the Subscription Agreement. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (a) the Subscription Agreement; and (b) this Education Services Policy.

If you have any questions or concerns, please email educationservices@plex.com.