"TIBCO" as used in the following shall mean TIBCO Software Inc. and its affiliate and subsidiary companies. These Training Restrictions and Limitations are in addition to the policies set forth in the TIBCO Educational Services Terms and Conditions.
1.1 Instructor travel arrangements will be handled by TIBCO's Travel Department only. Travel arrangements will be made following receipt of a Work Order, an Order Form, or other ordering document (as applicable and defined in your agreement with TIBCO, collectively "Ordering Document").
1.2 The total fees set out in an Ordering Document are for labor costs only and do not include meals, lodging, and travel ("Expenses"). Unless otherwise expressly agreed in an Ordering Document, Expenses will be invoiced to and paid by Customer separately subject to the Agreement. No Customer expense policy will control the reimbursement of Expenses incurred and invoiced by Licensor in connection with the training Consulting Services.
2.1 All training Consulting Services must be prepaid. Payment must be received ten business days prior to the start of a course to reserve the dates, to confirm travel arrangement and, if applicable, to ship Materials. Payment must be in the form of a check, credit card (American Express, Visa or MasterCard), prepaid training funds, purchase order, or wire transfer. Exchange rates for international transactions are based on the weekly average rate for the first week of the current calendar month.
3.1 Customer will be fully charged (100%) of the training course fees if cancellation, or a request to reschedule, is NOT received by TIBCO in writing at least ten (10) business days in advance of the training course. If training is cancelled by TIBCO, TIBCO will either: (1) fully refund the money at Customer request or, (2) reschedule the training based on the next available date (or if Dedicated Private Instructor-led Training, as mutually agreed upon by both parties). In the event that Customer reschedules Dedicated Private Instructor-led Training, Customer will be responsible for any change fees or additional expenses incurred as a result. Customer may not cancel TIBCO Academy subscriptions. Customer may transfer an active TIBCO Academy subscription one time to another customer in the same company. TIBCO shall not be held responsible for any cancellation, postponement or unexpected delay due to factors or circumstances beyond its control.
4.1 Customer Provided Laptops. Customer will be responsible for any loss or damage to the provided laptops, and agree that laptops provided will remain in the same training room throughout the duration of the training. Customer will ensure the provided laptops meet all of the requirements and specifications provided by TIBCO's Education department for the training. In cases where laptops are not functional, Customer can immediately provide replacement machines, or affected students will need to share with students on remaining functional machines. The TIBCO instructor will not delay the start of the training course. However, if more than half of the machines are not functional, TIBCO reserves the right to cancel the training. In the event of such cancellation, time and expenses incurred by the TIBCO instructor while on-site, shall be invoiced and are immediately due and payable.
4.2 TIBCO Provided Laptops. There is a per hour set-up fee, with a minimum of three (3) hours for each on-site training course, in order to cover the time associated with set up and configuration of laptops and/or equipment. In cases where TIBCO will be loaning the laptops necessary for the training, arrangements for the receipt and return of TIBCO laptops by Federal Express (or an equivalent courier service as designated by TIBCO), will be at Customer expense, and will be confirmed by TIBCO in advance of the training course. TIBCO specifically retains all ownership of, and all interest in, the laptops. Customer is required to provide a secure location for the laptops and will be responsible for all laptops provided and any loss or damage thereto. Laptops must remain in the same training room for the duration of the training and cannot be moved. Time is of the essence for return of laptops as TIBCO does rely on using the same laptops for other engagements. If the laptops are not returned by Customer, or not accessible for pick up by courier as arranged by TIBCO, then Customer will be liable for a rental fee at a rate of $500USD per day (or equivalent amount in local currency, based on the prevailing exchange rate), until such time as TIBCO has the laptops in its care, custody, or control. Notwithstanding the foregoing, if Customer fails to return one or more laptops after thirty (30) days following completion of the training event, Customer will be liable for TIBCO's cost of replacement, in addition to any other fees or charges as permitted by law, in accordance with the terms of Customer's agreement with TIBCO.
4.3 Class Size. Dedicated Private Instructor-led training class size is limited to 12 students. If more than 12 students are in attendance an additional fee of $600 USD per person per day (or equivalent amount in local currency, based on the prevailing exchange rate) will be charged, based on actual attendance reflected in the class roster.
5.1 Prepaid Training Consulting Services must be utilized within one (1) year from date of purchase: Any Prepaid Training not utilized during this period shall be forfeited and no refund shall be given.
5.2 Funds from Prepaid training accounts can only be applied towards training offered in connection with TIBCO products. Prepaid training accounts cannot be used towards Expenses, or be combined with other promotional offers, discounts, or partner discounts and are non-transferable and non-assignable. Prepaid training accounts purchased based on APJ discount rates may only be utilized in the corresponding country or region purchased; prepaid training accounts purchased based on rates for the Americas and EMEA may be utilized globally.
6.1 A Classroom Set-Up Requirement Checklist or a Contact Information sheet may apply to any on-site training. If provided, these forms must be completed and returned to the course registrar as set forth in the "Contact Us" section at TIBCO Educational Services Programs. TIBCO's performance under an Ordering Document is conditioned upon our timely receipt of both the Classroom Set up Requirements Checklist and Contact Information.
Training Restrictions and Limitations are subject to change at TIBCO's discretion without notice at any time. However, an Ordering Document that incorporates these Training Restrictions and Limitations, which was executed by the parties prior to any change taking effect, will not be impacted by any change or changes unless such change or changes is/are expressly incorporated under a Change Order executed by the parties.
Please check TIBCO Educational Services Programs for a complete list of courses and purchasing options.