These WORKFORCE SECURITY AND RISK TRAINING SERVICES SUPPLEMENTAL TERMS ("Terms") govern your use of the Products and is a legal agreement between The Escal Institute of Advanced Technologies, Inc. /dba SANS Institute ("SANS") and you ("End User Customer"). These Terms will take effect when you use the Products. Nothing in these Terms modifies or supersedes the Master Training and Services Agreement, End User License Agreement, or Master License and Services Agreement (the "Agreement") between the Parties. Capitalized terms not defined herein shall, unless otherwise indicated, have the same meaning ascribed to such terms in the Agreement.
1. DEFINITIONS.
1.1. End User Customer Learning Management System or End User Customer LMS means an End User Customer-supplied software application for the administration, documentation, tracking, reporting, and delivery of educational courses, training programs, or learning and development programs.
1.2. Workforce Learning Platform or SLP means a training platform owned and operated by SANS to deliver online training. SANS reserves the right to upgrade its platform or migrate it to another, with this Agreement remaining in full force and applying equally to any upgraded or new platform(s).
1.3. Workforce Training Named User means any individual who has been issued a user login account at any time during the Subscription Term permitting such individual to access and use Workforce Training Materials through the SLP or the End User Customer LMS as applicable. A Workforce Training Named User must be an employee, agent, contractor, or representative of End User Customer unless otherwise authorized by SANS.
1.4. Workforce Training Services means the provision by SANS of Workforce Training Materials or related services to End User Customer or its Workforce Training Named Users.
2. WORKFORCE TRAINING SERVICES. Except as set forth in the Price Quote:
2.1. End User Customer is granted a non-exclusive, non-transferable, and non-sublicensable license during the Subscription Term to access and use the SLP solely to administer the delivery of Workforce Training Services to Workforce Training Named Users; add or delete Workforce Training Named Users; assign training; run reports; customize themes; customize system notification messages; enable Workforce Training Named Users to view Workforce Training Materials and receive Workforce Training Services, and to the extent specifically authorized by SANS; supplement Workforce Training Materials with training materials related to the Workforce Training Materials for presentation to Workforce Training Named Users. Use of Workforce Learning Platform for delivery of any other content is strictly prohibited.
2.2. End User Customer may permit Workforce Training Named Users to access and use the Workforce Training Materials through the SLP during the Subscription Term to view Workforce Training Materials and receive Workforce Training Services.
2.3. Use of Workforce Training Materials during the Subscription Term is limited to no more than the number of Workforce Training Named Users set forth in the Price Quote.
2.4. Each of the Workforce Training Materials will have a separate Workforce Training Named User account.
2.5. End User Customer grants SANS all necessary rights to authorize it and its affiliates and subprocessors a non-exclusive right to process data solely to provide the Workforce Training Services and Litmos functionality (as applicable) described in this Agreement to End User Customer and its Workforce Training Named Users.
2.6. End User Customer shall:
2.6.1. ensure that its Workforce Training Named Users comply with the terms of this Agreement and shall be responsible for the acts or omissions of any Workforce Training Named User, or person using an Workforce Training Named User’s login, in connection with their use of the Workforce Training Materials, or access to Litmos or the SLP not in conformity with this Agreement;
2.6.2. notify SANS within five (5) business days of any known unauthorized use of End User Customer’s or any Workforce Training Named User’s account;
2.6.3. not copy, reproduce, distribute, display, modify or create derivative works based upon all or any portion of Litmos or the Workforce Training Materials in any medium, without the express written consent of SANS, or permit any other person to do so;
2.6.4. not sell, resell, rent, or lease the Workforce Training Materials or access to Litmos or the SLP, or permit any other person to do so;
2.6.5. not interfere with or disrupt the performance of Litmos or the SLP, or permit any other person to do so;
2.6.6. not provide access to anyone other than an authorized Workforce Training Named User;
2.6.7. not attempt to gain unauthorized access to Litmos, the SLP, or any CBT Material, or permit any other person to do so.
3. WORKFORCE TRAINING NAMED USERS AND LEARNING PLATFORM
3.1. Each individual permitted to access or use a component of the SLP must be assigned a unique user login and will be considered an Workforce Training Named User. End User Customer may not permit more than one person to access or share a single user login account, nor otherwise attempt to circumvent licensing metrics.
3.2. Once credentialed, an Workforce Training Named User continues to be counted in the Workforce Training Named User metrics even if that Workforce Training Named User ceases to have a login account. New Workforce Training Named Users must be added and may not be substituted for prior Workforce Training Named Users.
3.3. End User Customer must adhere to SANS’ reasonable guidelines to ensure system performance, including those regarding data purging, hosting hardware and infrastructure, and loads per instance.
3.4. SANS reserves the right to limit the number of Workforce Training Named Users eligible for SANS training for system performance.
3.5. End User Customer may not use the SLP: (i) to deliver any training other than Workforce training; (ii) to deliver training or manage data on behalf of any other organization; (iii) to provide software or content development services to third parties; (iv) on a service bureau or time-share basis; and/or (v) as an application service provider.
3.6. End User Customer may not, at any time, load users onto the SLP in excess of 1.05 times the number of Named Users set forth in the Agreement and/or Price Quote.