PLEASE READ THESE SIX SIGMA CLASSROOM/ONLINE TRAINING TERMS AND CONDITIONS (“IMPROSYS TERMS”) CAREFULLY. ANY ENROLLMENT IN IMPROSYS CLASS(ES) BY ENROLLEE OR ANY ACT BY ENROLLEE ACCEPTING THE BENEFITS OF IMPROSYS CLASS(ES) SHALL BE CONCLUSIVE EVIDENCE OF ENROLLEE’S ACCEPTANCE OF THESE IMPROSYS TERMS INCLUDING WITHOUT LIMITATION THE COURSEWARE LICENSE HEREIN CONTAINED. NOTHING CONTAINED IN THE IMPROSYS SERVICES AGREEMENT (HEREINAFTER DEFINED) OR OTHERWISE SHALL BE DEEMED TO CONSTITUTE A REPRESENTATION, GUARANTEE, OR PROMISE THAT A PARTICULAR RESULT WILL BE PRODUCED DUE TO THE IMPROSYS CLASS(ES). ENROLLEE AGREES THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY ENROLLEE.

· Personal Details: _________________________________

· Name of Enrollee: _________________________________

· Name of Company: _________________________________

· Address of Company: _________________________________

· Company Email ID: _________________________________

· Website: _________________________________

· Company Phone number: _________________________________

· Designation: _________________________________

· Address for Communication:

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· Email Address: _________________________________

· Payment Particulars: Enclosed Cheque / Demand Draft for

 1. Six Sigma Classroom/Online Training Services. These Terms apply to the enrollment in Six Sigma Classroom / Online Training classes offered by Improsys Pune by Enrollee. The Improsys Class(es) are further described on the Improsys Website located at http://www.sixsigma.improsys.in 

2. Improsys Service Delivery. Improsys will not be liable for any Enrollee loss resulting from delays in delivery, scheduling conflicts, or technical issues. Improsys Class(es) are for internal use only and may not be resold, redistributed, and/or used for commercial use by Enrollees. 

3. Cancellation; Substitution; Expiration. Improsys. reserves the right to cancel or reschedule any class at its discretion. 

4. Ownership and Proprietary Rights; Courseware; Software License; Codes. The Improsys Courseware consisting of documentation, materials, files and presentation slides are available for download and use for informational, personal and non–commercial use from the Improsys. Web Site in accordance with the Improsys Enrollee further acknowledges and agrees that all copyrights, patents, trade secrets, concepts, techniques or other intellectual property rights associated with any ideas, concepts, creations, designs, engineering details, techniques, inventions, processes, works of authorship, course materials, documentation, Improsys Courseware, developed, created or used by Improsys. or its personnel in connection with the Improsys Class(es) are and shall remain the sole and exclusive property of Improsys. and/or its Licensor and are proprietary information of those parties. Improsys reserves all rights not expressly granted to Enrollee. Enrollee may not use, copy, modify, or transfer the Improsys Courseware, or any copy thereof. Except as otherwise provided by law, Enrollee may not reverse engineer, disassemble, decompile, or translate the Improsys Courseware, or otherwise attempt to derive the source code or other software which may be related to the Improsys Courseware or Improsys Class(es). Enrollee may not rent, lease, sublicense, assign, loan, sell, or distribute the Improsys Courseware or any part thereof. No right, title, or interest in or to any trademarks, service marks, or trade names of Improsys. or Improsys’s licensors is granted hereunder and any use thereof will inure solely to the benefit of Improsys. and/or Improsys , licensors. The Improsys Courseware is protected by United States and international copyright law and international treaty. Unauthorized reproduction or distribution is subject to civil and criminal penalties. Enrollee agrees to take adequate steps to protect the Improsys Courseware from unauthorized disclosure or use. All software, including without limitation Improsys software, required by Enrollee in connection with the delivery and/or receipt of the Improsys Class(es) are licensed pursuant to the terms and conditions set forth in the software license agreement accompanying such software and such terms and conditions are in addition to these Improsys Terms. Enrollee shall be responsible for compliance with these Improsys Terms as well as compliance with terms of any software license agreement (any breach by any of them shall be treated as a breach by Enrollee), and (ii) administering the proper access to and use of Improsys Class(es) codes, reservation codes and/or similar controls (as well as any volume licensing media) that may be provided to Enrollee and for preventing unauthorized access or use. Enrollee agrees to comply strictly with all applicable export control laws and regulations. 

5. Limited Warranty; Disclaimer. IMPROSYS. EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES. IMPROSYS. IS DELIVERING THE IMPROSYS CLASS (ES) AND IMPROSYS COURSEWARE ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND SPECIFICALLY DOES NOT PROVIDE WARRANTIES WITH RESPECT TO THE USE BY ENROLLEE OF ANY IMPROSYS SERVICES, OR IMPROSYS COURSEWARE. IMPROSYS. DOES NOT WARRANT THAT THE IMPROSYS CLASS(ES) AND ANY SOFTWARE OR IMPROSYS MATERIALS PROVIDED BY IMPROSYS. TO ENROLLEE HEREUNDER WILL MEET THE REQUIREMENTS OF ENROLLEE AND IMPROSYS. ASSUMES NO RESPONSIBILITY FOR THE QUALITY, UTILITY, ACCURACY OR SECURITY OF THE IMPROSYS CLASS(ES), OR IMPROSYS COURSEWARE OR USEFULNESS OF THE SAME FOR ANY PURPOSE. IMPROSYS. DOES NOT GUARANTEE NETWORK SECURITY. IMPROSYS. ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE SECURITY OF ENROLLEE’S ELECTRONIC ENVIRONMENT. THE OBLIGATIONS AND LIABILITIES OF IMPROSYS. AND ITS LICENSOR AS SET FORTH HEREIN ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER OBLIGATIONS, LIABILITIES AND REMEDIES, EXPRESS OR IMPLIED, INCLUDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY (COLLECTIVELY, “CLAIMS”) IN TORT, CONTRACT, STATUTE, OR OTHERWISE WHETHER OR NOT ARISING FROM NEGLIGENCE OF IMPROSYS. OR ITS AFFILIATES, ACTUAL OR IMPUTED. IMPROSYS. SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY VENDORS, DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO ENROLLEE BY IMPROSYS DURING PERFORMANCE OF IMPROSYS OR OTHERWISE.

 6. Indemnification. Enrollee agrees to indemnify, defend and hold Improsys. harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys fees and costs) arising out of any claim based on the delivery of any Improsys Class(es) or Enrollee’s use of data generated from such Improsys Class(es). 

7. Limitation of Liability. Except for breach by Enrollee of its obligations under Sections 4 and 6, and to the extent not prohibited by applicable law: (i) each party’s aggregate liability to the other hereunder will be limited to the greater of (a) the amount paid by Enrollee for the Improsys Class or (b) Rs 500 which is the subject matter of the claims; and (ii) neither party will be liable hereunder for any indirect, punitive, special, incidental or consequential damages even if that party has been previously advised of the possibility of such damage and even if any exclusive remedy provided for in these Terms fails of its essential purpose. BOTH PARTIES AGREE THE LIMITATIONS SET FORTH IN THIS SECTION REFLECTS THE ALLOCATION OF RISK UNDERSTOOD AND AGREED UPON BY THE PARTIES 

8. Relationship. The relationship of Improsys and Enrollee established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day to day activities of the other; (ii) deem the parties to be acting as agents, partners, joint ventures, co owners or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever. 

9. Force Majeure; Excused Performance. Improsys shall not be liable in any way for any delays in, or any failure of, services performed hereunder due to any wrongful or negligent act or omission of Enrollee or its employees and agents; and/or Enrollee’s failure to follow the Improsys Service requirements. Neither party shall be liable or deemed in default for any delay in performance under this Services Agreement resulting directly or indirectly from acts of God, war, insurrection, national emergency, fires, storms, labor disputes, acts of vandals or hackers, acts of civil or military authority or any other cause beyond the reasonable control of such party. 

10. Miscellaneous. These Improsys Terms including any attachments hereto and made a part hereof, constitutes the entire agreement between Improsys. and Enrollee with respect to the furnishing of Improsys Class(es) and license for the use of the Improsys Courseware and supersedes any prior negotiations, understandings or agreements with respect to the specific subject matter hereof. No other terms and conditions shall be included or implied unless agreed in writing by an authorized representative of the parties. The rights of Improsys and obligations of Enrollee under the Improsys Terms shall inure to the benefit of Improsys assignees, licensors, and licensees. These Improsys Terms are not assignable or transferable in whole or in part by Enrollee without the prior written consent of Improsys, which consent shall not be unreasonably withheld. The provisions of these Improsys Terms are severable and if any one or more of the provisions hereof are judicially determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions of these Improsys Terms shall be binding. A waiver of any section of these Improsys Terms does not constitute a waiver of the whole Improsys Terms. All notices given pursuant to these Improsys Terms shall be in writing sent by certified or registered mail (return receipt requested), overnight express services or by facsimile. All such notices shall be directed to Enrollee or Improsys. at the address set forth herein unless either party notifies the other in writing of a new address. The parties agree that these Improsys Terms is an agreement between Enrollee and Improsys., and creates no obligations to Enrollee on the part of Improsys’s Licensor, affiliates, subcontractors, or suppliers. Enrollee expressly relinquishes any rights as a third party beneficiary to any agreements between Improsys. and such parties, and waives any and all rights or claims against any such third party. Each party is duly authorized and empowered to enter into and perform these Improsys Terms. The parties knowingly and expressly consent to the foregoing terms and conditions.

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