Cancellations/Rescheduling of Public Training: Public classes are any classes offered by Sterling Commerce that allow individual customers and partners to register on a per-seat basis. For cancellations received or rescheduling requested up to 10 business days prior to the Start Date, Sterling Commerce refunds the cost of the course. Cancellations and reschedules made less than 10 business days in advance are subject to a 50% cancellation/rescheduling fee. Sterling Commerce charges the full course fee for no shows, or for cancellations or rescheduling requests received on the Start Date. Sterling Commerce reserves the right to cancel or reschedule the course 7 business days before the Start Date. As such, Sterling Commerce assumes no financial liability for any cancellation fees, including non-refundable airfare. In the event of a cancellation, Sterling Commerce will contact registrants via email. Customer may send a substitute attendee in if a scheduled attendee cannot attend the Training. All substitutes must meet the course prerequisites.

Cancellations/Rescheduling of Onsite Training: Onsite classes are any classes offered by Sterling Commerce for delivery to a single customer or partner’s employees. A cancellation made or a rescheduling requested within fourteen (14) business days of the Start Date will result in a 50% cancellation/rescheduling fee, and a charge of all incurred and non-refundable travel or miscellaneous expenses. There will be no refunds for a cancellation or request for rescheduling received less than seven (7) business days before the Start Date, and a charge of all incurred and non-refundable travel or miscellaneous expenses will result.

Use of Training Deliverables: As a result of the Training, Customer may receive work product from Sterling Commerce (“Deliverables”). Deliverables shall include, but are not limited to, student guides, exercise and solutions guides, workbooks, overhead slides, computer lab files, activity sheets, case studies, tests, and other classroom handouts.

Deliverables are only for the use by the person or persons attending training. Deliverables may not be copied, modified, or otherwise distributed. Applicable laws may also limit Customer use and redistribution of Deliverables (e.g., U.S. export laws). Also, this Agreement does not expand or otherwise modify any other rights that Customer may have received from Sterling Commerce under a separate agreement (e.g., a software license agreement).

ALL DELIVERABLES AND THE TRAINING ARE PROVIDED “AS IS” AND ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES (INCLUDING FITNESS FOR YOUR PARTICULAR PURPOSES, MERCHANTABILITY, AND NON-INFRINGEMENT).

Neither Sterling Commerce nor any of its employees, contractors, consultants or representatives nor any third party vendor (as defined below) shall be liable for any special, indirect, incidental, exemplary, or consequential losses or damages. Sterling Commerce’s liability, if any, for any claim or loss arising out of or connected with this Agreement (including breach of contract, warranty, negligence, or use of any Deliverables or Training provided under this Agreement) shall be limited solely to Customer, and shall not exceed the amounts paid or payable to Sterling Commerce for the applicable Deliverables or Training involved in the claim.