Terms and Conditions

Terms and Conditions

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HONEYWELL AUTOMATION COLLEGE TERMS AND CONDITIONS
 
1.0  TRAINING POLICY AND PROCEDURES
 
1.1  General
 
The training and training materials are made available to Customers only under the terms and conditions of this agreement. “Customer” is a party who has purchased Honeywell Process Solutions Products/Software for the Products/Software intended use, or a party who, in Honeywell's discretion, is determined to be a Customer. Classes are intended ONLY for employees of the Customer unless a separate written agreement between Honeywell and Customer is in effect. 
 
Any location other than a Honeywell Training Center used for delivering training will be considered a Customer site. The number of Customers permitted to attend a class conducted at a Customer site will be stipulated in a formal proposal. Each extra Customer who attends the formal proposed class will be charged an additional course delivery fee.
 
Honeywell training materials, including materials in documentary or electronic format and audio/visual materials ("Training Materials") must be used solely for their stated purpose. 
Training Materials are copyrighted and shall not be reproduced or copied, in whole or in part, without Honeywell prior written authorization. Copying, duplicating, or otherwise distributing the Training Materials is a violation of law. No photography, videotaping, filming or audio recording by Customer is permitted during any training sessions performed under this agreement.
 
1.2  Enrollment
 
Customer’s training enrollment request via web, email, or phone to Honeywell will be placed in pending status.  Enrollment status is PENDING until full payment is received.  Enrollment status is changed from PENDING to ENROLLED upon receipt of full payment. 
 
Honeywell's cancellation policy applies to all enrollments, including PENDING enrollments. 
 
1.3  Tuition
 
Tuition payment for standard, tailored and/or custom coursework offered through Honeywell Automation College are due at the time of registration in the form of a credit card or purchase order permitting Honeywell to immediately invoice the Customer.   
 
1.4  Payment for Training at Honeywell Automation College Facility and/or via eLearning:
 
Tuition may be paid by credit card, purchase order and/or Honeywell Solution Enhancement Support Program (SESP) Training Match and will be invoiced immediately upon registration.
 
(a)  The credit card authorized purchase amount must allow for the full tuition payment to be immediately processed at time of registration. MasterCard, VISA, Discover, and American Express cards are accepted.
 
(b)  If purchase order payment method is preferred, the purchase order must be received by Honeywell within five (5) days of enrollment request.  Otherwise if payment is not received within five (5) days, enrollment will be cancelled.
 
(c)   Honeywell Solution Enhancement Support Program (SESP) Training Match funds will be deducted at time of registration.
 
 
1.5  Payment for Training at Customer Site:
 
1.5.1 Tuition may be paid by credit card, purchase order and/or Honeywell Solution Enhancement Support Program (SESP) Training Match and will be invoiced immediately upon site training confirmation.
 
(a)  The credit card authorized purchase amount must allow for the full tuition payment to be immediately processed at time of registration. MasterCard, VISA, Discover, and American Express cards are accepted.
 
(b)  If purchase order payment method is preferred, the purchase order must be received by Honeywell within five (5) days of site training request.  Otherwise if payment is not received within five (5) days, site training will be cancelled.
 
(c)   Honeywell Solution Enhancement Support Program (SESP) Training Match funds will be deducted at time of site training confirmation.
 
1.5.2 Customer will be invoiced for any actual expenses incurred by Honeywell, including without limitation expenses for shipping and handling of Honeywell training equipment and travel and living of Honeywell instructor at the completion of training.
 
1.5.3 Customer site cancellation, postponement or rescheduling of training fees will be stated in all formal training proposals and based on individual country guidelines.
 
2.0  CANCELLATION
 
2.1  Classes delivered at Honeywell Automation College and/or via e-Learning:
 
Cancellation, postponement or rescheduling of any class must be arranged at least fifteen (15) business days prior to the start of the class to avoid a late cancellation fee. Customer tuition payment will be applied to Customer's rescheduled training. Customer will be invoiced a cancellation/postponement/rescheduling fee if notification to cancel or reschedule is received less than fifteen (15) business days prior to the start of class. If Customer fails to attend the class without canceling, the Customer will be invoiced the full tuition amount and no refund will be granted. Notification of cancellation must be communicated to and confirmed by local Honeywell Automation College for the chosen course. Customer cancellation, postponement or rescheduling of class fees will be based on individual country guidelines.
 
 
2.2 Classes delivered at Customer Site
 
Cancellation, postponement, or rescheduling of training must be arranged at least thirty (30) business days prior to the start of a class to avoid a late cancellation/postponement/rescheduling fee.
 
Customer will be invoiced a cancellation, postponement or rescheduling of training fee if notification is received less than thirty (30) business days prior to the start of class.  Customer may also be invoiced for any actual expenses incurred by Honeywell, including without limitation expenses for shipment of equipment, Training Materials and Customer-special databases. Customer site cancellation, postponement or rescheduling of training fees will be stated in all formal training proposals.
 
2.3  Customer Refund
 
Honeywell will only refund tuition payments received for standard curriculum course offerings if notified by Customer at least thirty (30) business days prior to the start of the class.  Tuition for custom coursework developed by Automation College to Customer specifications is non-refundable.
 
2.4  Honeywell Cancellation
 
Honeywell reserves the right to cancel or reschedule any class up to fifteen (15) business days prior to the scheduled start date.  Tuition payments received may be applied as tuition for other classes or refunded at Customer option.  If Customer attendee must leave an in-center class before completion, Customer is entitled to return and complete the class at a date mutually agreed upon at no additional tuition charge.  No refunds shall be given in this case.
 
3.0  HOTELS AND AUTOMOBILE RENTALS
 
Customer is responsible for making all travel arrangements for his/her class.  As class schedules may change, the purchase of non-refundable tickets is not recommended.
 
4.0  CUSTOMER TRAINING PROGRAM
 
4.1  e-Learning – Asynchronous Training (AT)
 
Asynchronous Training (AT) courses are given a specific extended amount of time from the scheduled start date. Automation College will not grant access extension beyond the permitted time frame.
 
4.2  Training Materials
 
Training Materials supplied by Honeywell in documentary, electronic and/or audio/visual format for use in Customer-developed training programs will be prepared in a professional manner and consistent with Training Materials used in Honeywell's training centers.  Honeywell is not responsible for the suitability of the Training Materials for Customer particular purpose. All intellectual property rights in Training Materials supplied by Honeywell, and any modifications or improvements, are owned solely by Honeywell unless designated as otherwise by Honeywell.  Honeywell does not grant Customer the right to modify, copy, or distribute the Training Materials for any reason.  The Training Materials may only be used by the individual that attended the Honeywell course.  The Training Materials may only be used in conjunction with a Honeywell system at the company that paid for the class.  Only Honeywell may use the Training Materials for training purposes.
 
4.3  Site Course Trainer Qualification – Train the Trainer Program
 
Customer personnel may be nominated by Customer for training by Honeywell to become qualified as Customer Site Course Trainers. Only qualified Customer Site Course Trainers will be authorized to use Honeywell-supplied Training Materials. Personnel selected by Customer for training must meet the qualifications defined in Honeywell Automation College Training Policy. Upon successful completion of Honeywell training program and demonstration of competency in teaching Honeywell Automation College course as determined by Honeywell, the Customer personnel may be certified by Honeywell as Customer Site Course Trainers for specific courses. Honeywell does not warrant or represent the quality or suitability of any training provided by any Customer Site Course Trainer; and Customer holds Honeywell and its affiliates harmless for any claims arising out of training by Customer Site Course Trainers.
 
5.0  CONFIDENTIAL INFORMATION
 
All Confidential Information disclosed to Customer by Honeywell shall remain the property of Honeywell and shall be kept confidential by Customer.  "Confidential Information" means written or machine-readable information (or oral information reduced to writing that Honeywell considers proprietary or confidential), including, but not limited to Computer Based Training Products and Training Materials.  These confidentiality obligations shall not apply to information which is (i) publicly known at the time of disclosure or becomes publicly known through no fault of Customer, (ii) known to Customer at the time of disclosure through no wrongful act of Customer, (iii) received by Customer from a third party without restrictions similar to those in this section, or (iv) independently developed by Customer.  Customer may not transfer or disclose Confidential Information or assign its rights or obligations under this section without the prior written consent of Honeywell.  All other transfers or assignments shall be null and void.  This section will survive termination or expiration of this agreement.
 
6.0  OWNERSHIP OF TRAINING PRODUCTS/SOFTWARE
 
Honeywell may, at its discretion, provide Customer certain Honeywell Products/Software to be used in conjunction with training classes conducted at Customer site by Honeywell or Customer.  Honeywell shall at all times retain title to the Products/Software and does not grant any license of Products/Software to Customer. Customer use of provided Products/Software is limited to use in conjunction with training under this agreement.  Customer must immediately return any Products/Software provided for training upon request of Honeywell. Customer assumes the risk of loss while the Products/Software are in Customer possession.  Customer must reimburse Honeywell for all reasonable expenses to bring Products/Software to the same condition as originally received by Customer or replace the Products/Software at current list prices, at Honeywell option.
 
7.0  SOFTWARE LICENSE
This software license applies only if Customer is not covered under an existing agreement or purchase order containing or incorporating a software license.
 
7.1  License
 
Subject to these terms and conditions, Honeywell grants to Customer a nonexclusive license to use software and related documentation provided to Customer (collectively “Licensed Software”) solely for internal use by Customer for the purpose of participating in the training (“Licensed Use”). Customer may not directly or indirectly make any effort to deconstruct Licensed Software, including without limitation, translating, decompiling, disassembling, reverse engineering, or performing any other operation on Licensed Software to recover any portion of its contents.  Honeywell and its third-party suppliers retain sole ownership of the Licensed Software.
 
7.2  Additional Licenses or Use
 
Customer must receive Honeywell prior written consent and pay additional license fees before transferring Licensed Software to any third party or using Licensed Software outside Licensed Use.
 
7.3  Copies and Modifications
 
Customer may make only 2 copies (or the number of copies allowed under applicable law) of Licensed Software in non-printed, machine-readable form, to be used solely for archival or backup purposes (Archival Copies). Customer must include all copyright and trade secret notices and serial numbers on Archival Copies.  The Archival Copies are owned solely by Honeywell or its third-party supplier. Customer may not modify Licensed Software, except as authorized by Honeywell in writing.
 
7.4  Term and Termination of License
 
The license under this agreement is effective on the date Honeywell delivers Licensed Software to Customer. Honeywell may terminate this license at Honeywell’s convenience, without cause, or if Customer defaults in any manner under these terms and conditions, and does not remedy such default within ten (10) days after receiving written notice from Honeywell. Honeywell may terminate this license immediately if Customer is in bankruptcy, insolvency, dissolution, or receivership proceedings. Upon termination (i) Honeywell may repossess Licensed Software, Archival Copes and any other copies without further notice, (ii) Customer must immediately stop all use of Licensed Software and Archival Copies and (iii) Customer must return, destroy or delete from its system, as directed by Honeywell, all Licensed Software and Archival Copies.
 
7.5  Confidentiality
 
Licensed Software must be kept confidential by Customer in perpetuity.
 
 
8.0  TRAINING Materials WARRANTY
 
Training Materials delivered on software media, audio or visual tapes are warranted to be playable for a period of six (6) months from date of shipment.  In the event of failure, replacements will be sent upon Honeywell receipt of the defective media or tape.  Before returning defective media or tapes, Customer must contact a local Honeywell Customer Care Specialist to make arrangements.  UNLESS OTHERWISE AGREED TO IN WRITING, THE FOREGOING REPRESENTS HONEYWELL'S EXCLUSIVE WARRANTY CONCERNING SOFTWARE MEDIA, VIDEO AND AUDIO TAPES. HONEYWELL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 
9.0  LIMITATION OF LIABILITY
 
IN NO EVENT SHALL HONEYWELL BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITH RESPECT TO CERTIFICATIONS OR CUSTOMER FAILURE TO ACHIEVE CERTIFICATION, IF ANY, EVEN IF HONEYWELL HAS BEEN ADIVSED OF THE POSSIBLITY OF THESE DAMAGES. THE AGGREGATE TOTAL LIABILITY OF HONEYWELL MAY NOT EXCEED THE PRICE PAID BY CUSTOMER UNDER THE PURCHASE ORDER OR THIS AGREEMENT.
 
10.0  COMPLIANCE WITH LAWS
 
Customer must comply with all local laws and regulations applicable to the installation, use, import or export of Training Materials; Products/Software and Confidential Information delivered under this agreement.  Customer must not transfer, directly or indirectly, Training Materials, Licensed Software, Products/Software or Confidential Information licensed or delivered under this agreement, or any Product (or part thereof), process or service which is a direct product to (i) any nation, or its nationals, listed in the United States Export Administration Regulations, 15 C.F.R. Parts 730-799 (including all amendments), without the prior written authorization of the U.S. Office of Export Licensing, or (ii) any party not entitled to the Training Materials, Licensed Software, Products/Software or Confidential Information under this agreement, without the prior written consent of Honeywell.   This section shall survive the completion, early termination, cancellation or expiration of this agreement.
 
11.0  INVENTIONS AND INTELLECTUAL PROPERTY
 
Any and all inventions, discoveries, innovations, software (including source code) or information directly and proximately developed by Honeywell in connection with the training or Training Materials will be the sole property of Honeywell and may not be copied, reproduced or otherwise used by Customer except as permitted in this agreement or in writing by Honeywell. At Honeywell request and expense, Customer must execute such documents and take such other steps as Honeywell deems necessary or appropriate to obtain, vest, confirm or record ownership of all right, title and interest in the developed items in Honeywell name, including without limitation patent, trademark and copyright ownership. Honeywell will also retain ownership of any of its own methodology used in connection with the training.  Customer acknowledges that Honeywell may freely use without limitation, and with no obligation to Customer, all critiques, comments, concepts or ideas provided by Customer with respect to the Training Materials.
12.0  HAZARD-FREE ENVIRONMENT
 
Customer must provide a hazard-free environment for training at Customer site.  Damage due to hazardous environmental conditions will be responsibility of Customer.  Hazardous environmental conditions include without limitation, presence of hazardous substances, mold, asbestos, lead mercury, corrosive atmospheres, electrical spikes or noise or severe ambient temperature changes at Customer site.
 
13.0  SERVICES ON LIVE SYSTEMS
 
Honeywell may not perform services on Customer equipment or systems in operation. If for any reason Honeywell personnel perform services on products, software or systems while on-line or operating in a live process, Customer must indemnify and hold Honeywell harmless from any costs, damages or liabilities (including attorneys fees and related costs) arising from any injury or death to persons or damage or loss of property.
 
14.0  NON-HIRING OF HONEYWELL PERSONNEL
 
Customer must not employ or contract directly or through a third party including personnel agency, any Honeywell personnel assigned to provide training to Customer at any time during the term of the training plus one year after completion of training.
 
15.0  CERTIFICATIONS
 
15.1  Obtaining Certification
 
Admission to a certification program and examination is at Honeywell’s sole discretion. For those programs for which Honeywell offers certification, in order to obtain a certification and maintain that certification in good standing, Customer must have:
(a)  Successfully passed all required exams and satisfied all requirements for the certification. Certification requirements are available at www.honeywellprocess.com/en-US/training
 
(b)  Accepted and agreed to comply with the terms and conditions in this Agreement and program and certification guidelines
 
15.2  Examinations
 
All certification exams, including exam questions and answers thereto, constitute Confidential Information and are protected by trade secret law and by the non-disclosure provisions of this agreement, and may not be disclosed to or discussed with others or posted or published in any forum or through any medium. Violation of these requirements or engaging in fraudulent behavior may be grounds for Customer’s exclusion from the program and/or decertification.
 
15.3  Personal Information
 
Customer acknowledges and agrees that Honeywell collects personal information about each Customer in order to participate in the training and certification programs. Customer also agrees that the Honeywell certifications and training program activities earned will be tracked and associated with your personal information. Customer grants Honeywell the right to use your name, biographical information, contact information, Honeywell certification names and status, in whole or in part, in connection with your participation in training programs. Customer acknowledges that others, including Customer’s employer, will not have access to this information, including certification status, and Customer agrees that Honeywell will not publish or disclose such information.
 
15.4  Changes to the Program 
 
Honeywell reserves the right to discontinue the program and to change the program or any aspect of it at any time, including the right to change the program and certification requirements. Changes are effective on the date the changes are posted. Changes do not apply retroactively. Customer agrees to comply with the most current version of this Agreement, the program guidelines, and any other applicable requirements. Customer acknowledges and agrees that Honeywell may, at its sole discretion, change certification requirements (both initial and continuing) by posting such changes on the www.honeywellprocess.com/en-US/training.
 
15.5  Re-Examination and Appeal
 
Appeals must be lodged within three months after communication of the result. Honeywell is not required to review appeals lodged after these three months, and is then entitled to destroy documents related to certification and examination. Honeywell will hold the results of the examination in a database in order to be able to ascertain, if necessary, what certification Customer holds and whether Customer can be admitted to other examinations. If Customer is unsuccessful in passing an exam, the Customer may retake the same exam—not to exceed three reattempts—at Honeywell’s discretion and only if that certification program is still in effect.
 
15.6  No Certification Warranties.
 
HONEYWELL DOES NOT GUARANTEE CUSTOMER SATISFACTION WITH THE PROGRAM OR CUSTOMER RESULTS IN EXAMS OR CERTIFICATIONS. HONEYWELL AND ITS AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTIES REGARDING THE PROGRAM OR CERTIFICATIONS AND HEREBY DISCLAIMS ALL WARRANTIES THAT MIGHT OTHERWISE BE IMPLIED BY LAW.
 
16.0  GENERAL
 
Any change to or waiver under this agreement must be in writing; waiver in one case shall not be waiver in a subsequent case.  No rights are granted except as expressly granted in this agreement.  The laws of Arizona and the United States shall solely govern this agreement and all related disputes, without regard to any conflicts of law provisions.  Any obligations of Customer outstanding at termination of this agreement survive termination.  Notwithstanding anything to the contrary in other documents or agreements integrated with this agreement, this agreement shall govern with respect to all Training Materials, Confidential Information and Products/Software delivered under this agreement.  These terms and conditions contain the entire agreement between the parties as to the subject matter and supersede any prior representations or agreements, oral or written, and all other communications between the parties relating to the subject matter. 
 
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