By issuing a Purchase Order and/or providing payment in response to this Product Pricing Agreement (“Agreement”) the Customer (“Customer”) represents it has read, understands, and agrees to the terms and conditions below.
The Agreement will commence on the Date identified above and conclude upon delivery of any or all Products purchase by Customer under this Agreement or upon termination by the Parties.
For each SANS course, Customer personnel may consider under this Program, a detailed description, along with overview, objectives, what will be learned, and requirements is available at https://www.sans.org
2. PAYMENT TERMS.
Access to training and GIAC certification is dependent upon receipt of full payment of the Grand Total. The Customer shall remit payment by one of the means below:
2.1 If paying by credit card, SANS accepts Visa, MasterCard, American Express, Diners Club, and Discover. Please remit credit card payments when registering for the course via the SANS portal, via telephone by calling 301-654-SANS (7267), or by fax to 301-951-0140.
2.2 If paying by Electronic Funds Transfer (EFT), please remit payment to:
Bank of America
st 33rd St.
New York, NY 10001
Swift Code: BOFAUS3N
Bank Account Number: 4460-1165-9211
ABA Routing Number:
Wire fees to be paid by originator/sender.
If paying by check, please remit payment to:
The ESCAL Institute of Advanced Technologies, Inc.
PO Box 419108
Boston, MA 02241-9108
2.3 If paying by Voucher Account, please register, select Voucher as the form of payment, and enter your Voucher Account number.
2.4 If using a Purchase Order (PO), please remit via email to firstname.lastname@example.org, cc’ing your SANS Account Manager and including a copy of each registration. The PO must identify this Agreement on the Purchase Order. SANS will subsequently provide an invoice to facilitate payment. Customer’s PO is for facilitating invoicing and payment only. SANS expressly rejects any additional or different terms and conditions, including those which appear on a PO.
3. CANCELLATION & ACCESS POLICY.
SANS training will be delivered in accordance with the provisions specific to the training registered for. See individual event/program websites for more details.
SANS substitution, transfer and refund terms apply specifically to the training format registered for as referenced in the SANS Cancellation and Access Policy (https://www.sans.org/cancellation-and-access-policy).
4. COURSE CONTENT
4.1 Customer acknowledges that SANS’ pre-existing Commercial Off The Shelf (COTS) educational materials including, but not limited to, verbal instruction, and online, written, and visual materials(“Courseware”), are copyrighted and/or otherwise consist of data, concepts, technology, and intellectual property proprietary to the SANS Institute. Customer may not copy, reproduce, distribute, display, modify or create derivative works based upon all or any portion of the Courseware in any medium whether printed, electronic or otherwise, without the express written consent of the SANS Institute. The Agreement does not permit Customer to acquire rights to distribute Courseware to employees who did not attend SANS’ courses, nor to use the Courseware to conduct its own in-house courses. Additionally, SANS classes cannot be recorded streamed, or set-up for video conferencing due to author and instructor copyrights. If your organization needs a SANS class to be broadcasted to multiple locations, please contact your SANS Account Manager regarding SANS Simulcast.
4.2 As part of its course, the SANS Institute grants, at no additional fee, a worldwide, perpetual, irrevocable, non-exclusive license directly to each individual person whose name Customer indicates as a student (“User”) enrolled in the course to use SANS’ pre-existing Commercial Off The Shelf (COTS) educational materials (“Course Materials”) including online, written, and visual materials. User may not copy, reproduce, distribute, display, modify or create derivative works based upon all or any portion of the Courseware in any medium whether printed, electronic or otherwise, without the express written consent of the SANS Institute.
4.3 Without limiting the foregoing, neither Customer nor User may reproduce, distribute, re-publish, display, modify, or create derivative works based upon all or any portion of the Courseware or Course Materials for purposes of teaching any computer or electronic security courses to any third party without the express written consent of the SANS Institute.
4.4 SANS Course Materials are guaranteed for the duration of the student’s attendance in the course for which the student is registered; considering the result of loss, damage or performance limitation was not caused in whole or in part by student abuse, mishandling, misuse, negligence, improper storage, servicing or operation, or unauthorized attempts to repair or alter the materials in any way. SANS does not warrant Customer’s property, the student’s personal property or another party’s property used in combination with SANS Courseware.
4.5 Under no conditions does this Agreement provide for development of Courseware and/or Course Materials. For the avoidance of doubt, SANS' Courseware and Course Materials are not work for hire and/or work product.
4.6 SANS does not replace Course Materials that have been updated following student’s attendance.
5. SANS INSTRUCTOR.
For live training, SANS makes every effort to ensure that the instructor scheduled and advertised to teach will be the instructor at the event. However, should circumstances arise that make a change necessary, SANS maintains the right to replace the scheduled instructor with a qualified substitute. We do not reimburse students for travel or other fees due to an instructor change.
Customer personnel are expected to behave professionally. Use of obscene or sexually harassing language, and abusive or threatening behavior directed at SANS personnel or other students is not conducive to a learning environment. Improper conduct can result in expulsion from the class.
The following uses of SANS provided internet are not permitted.
6.1 to access, upload, download, or distribute pornographic, obscene, or sexually explicit material;
6.2 to transmit obscene, abusive, or sexually explicit language;
6.3 to violate any local, state, or federal statute;
6.4 to access, download, or distribute information from web sites of groups or persons advocating hate crimes, or other violence against members of the populace, without the prior approval of the administration and under strict supervision
6.5 to vandalize, damage, or disable the property of another individual or organization;
6.6 to access another individual's materials, information, or files without permission;
6.7 to use scanning or hacking exploit tools on public networks; and,
6.8 to violate copyright or otherwise use the intellectual property of another individual or organization without permission.
SANS/GIAC will not disclose or share student personal information or educational records with anyone other than those individuals or organizations for whom student has provided written consent; provided, however, that if student’s employer or another organization has paid for student’s training/examination, SANS/GIAC shall also have the right to release to such organization only appropriate limited information related to the covered training/examination, including course progress, exam appointment date, exam deadline, and the results of the test, and subject to the commitment by that organization to keep such information confidential and not to further disclose such information to any third party without student’s express written consent.
SANS shall, at its sole expense and throughout the Term, carry and maintain the following insurances: (a) Commercial General Liability, (b) Worker’s Compensation; and (c) Employer’s Liability in reasonable amounts.
9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
SANS disclaims any and all representations and warranties, oral or written, expressed, implied, or statutory, including without limitation any implied warranties of fitness for a particular purpose or of merchantability. In no event shall the SANS Institute be liable for any incidental, indirect, consequential, exemplary, special, or punitive damages, whether or not foreseeable, and regardless of whether liability is based on agreement, tort, or otherwise.
10. GOVERNING LAW AND DISPUTE RESOLUTION.