These SSA TRAINING SERVICES SUPPLEMENTAL TERMS ("Terms") governs your use of the Products and is a legal agreement between The Escal Institute of Advanced Technologies, Inc. /dba SANS Institute, ("SANS" or "Service Provider") and you ("End User Customer" or "Customer"). These Terms will take effect when you use the Products. Nothing in these Terms modifies or supersedes the 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. SSA 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. SSA 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 SSA Training Materials through the SLP or the End User Customer LMS as applicable. An SSA Training Named User must be an employee, agent, contractor, or representative of End User Customer unless otherwise authorized by SANS.
1.4. SSA Training Services means the provision by SANS of SSA Training Materials or related services to End User Customer or its SSA Training Named Users.
2. SSA 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 SSA Training Services to SSA Training Named Users; add or delete SSA Training Named Users; assign training; run reports; customize themes; customize system notification messages; enable SSA Training Named Users to view SSA Training Materials and receive SSA Training Services, and to the extent specifically authorized by SANS; supplement SSA Training Materials with training materials related to the SSA Training Materials for presentation to SSA Training Named Users. Use of SSA Learning Platform for delivery of any other content is strictly prohibited.
2.2. End User Customer may permit SSA Training Named Users to access and use the SSA Training Materials through the SLP during the Subscription Term to view SSA Training Materials and receive SSA Training Services.
2.3. Use of SSA Training Materials during the Subscription Term is limited to no more than the number of SSA Training Named Users set forth in the Price Quote.
2.4. Each of the SSA Training Materials will have a separate SSA 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 SSA Training Services and Litmos functionality (as applicable) described in this Agreement to End User Customer and its SSA Training Named Users.
2.6. End User Customer shall:
2.6.1. ensure that its SSA Training Named Users comply with the terms of this Agreement and shall be responsible for the acts or omissions of any SSA Training Named User, or person using an SSA Training Named User’s login, in connection with their use of the SSA 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 SSA 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 SSA 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 SSA 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 SSA 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. SSA 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 SSA 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 SSA Training Named User continues to be counted in the SSA Training Named User metrics even if that SSA Training Named User ceases to have a login account. New SSA Training Named Users must be added and may not be substituted for prior SSA 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 SSA 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 SSA 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.