LMS. Company warrants that the LMS will operate in all material respects in conformity with the functional specifications described in the Documentation. “Documentation” means the LMS User instructions, release notes and on-line help files in the form generally made available by Company to its customers, as updated from time to time by Company. If the LMS does not perform as warranted and there is a material failure of the LMS to conform to its functional specifications described in the Documentation that is reported by the Customer to, and replicable by, Company (“Errors”), Company shall use commercially reasonable efforts to correct Errors. As Customer's exclusive remedy for any claim under this warranty, Customer shall promptly notify Company in writing of its claim. Provided that such claim is determined by Company to be Company’s responsibility, Company shall, within thirty (30) days of its receipt of Customer's written notice, (i) correct such Error; (ii) provide Customer with a plan reasonably acceptable to Customer for correcting the Error; or (iii) if neither (i) nor (ii) can be accomplished with reasonable commercial efforts from Company, then Company or Customer may terminate the affected Subscription Services, and Customer will be entitled to a refund of the pre-paid portion of the fees paid for the affected Subscription Services. The preceding warranty cure shall constitute Company’s entire liability and Customer's exclusive remedy for cure of the warranty set forth herein. If Customer elects not to terminate the Subscription Services, Customer waives all rights for the applicable warranty cure set forth herein. Company is not responsible for any claimed breach of any warranty set forth in this section caused by:
LMS. Contractor may use its own Learning Management System (LMS) to document attendance for purposes of recordkeeping upon prior review and approval by ETP, under the conditions set forth below:
5.10.1 The LMS must be capable of producing electronic printouts by trainee with at least the following information: 1) trainee name; 2) instructor name; 3) training dates; 4) class/lab size; 5) hours of training; 6) type of training; 7) course title; and 8) training delivery method.
5.10.2 LMS data entry and access must be controlled through security codes and passwords. The training instructors must verify attendance using pre- configured rules before the data is entered or adjusted. Only the hours of training actually completed may be input for purposes of maintaining a record of attendance at an ETP-funded course.
5.10.3 Contractor represents that it will instruct personnel regarding LMS procedures and security before authorizing them to enter data that documents attendance for an ETP-funded course. Contractor represents that, to the extent practicable, it will maintain a list by name and job title of all personnel authorized to access the LMS. ETP reserves the right to periodically review LMS for compliance with these standards.
LMS. Subject to the terms and conditions of this Agreement, for each instance of LMS on the accompanying Order Form, We hereby grant You a nonexclusive, non transferable license to install, use and operate LMS on one server at the site for Your own internal business purposes. The licensing of LMS is intended for the use of the original licensee only and for use on a single production and/or single development machine and shall not be used on additional machines at other locations.
