Saba - Company - Contact us - Partner Application Request

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Partner Application Request:

*Company Name:

*Street Address:

Address:

*City & State/Province:

Zip/Postal Code:

*Country:

*Main Office Number:

Main Fax Number:

*Company URL:

*Region:

*Main Contact:

*Title:

*Telephone Number:

*Email Address:

*Sales Contact:

*Title:

*Telephone Number:

*Email Address:

*Technology Contact:

*Title:

*Telephone Number:

*Email Address:

*What year was your company founded?

*Is your company public or private?

*Number of employees in your company?

*Target Market that best describes your focus?

(if other)

Do you have any non-US locations?

If yes, where?

*Which vertical industry do you specialize in?

*What topics are you most known for?

(if other)

*Do you sell through?

	Products/Services
	Please check those which apply to your business:
	We provide pre-packaged learning content
	We develop custom learning content
	We offer assessments, tests, and surveys
	We provide learning content delivery and collaboration tools
	We provide authoring tools
	We provide skills and competency models, or applications
	We provide technical implementation services for enterprise systems
	We offer management consulting

	Partnership Information
	Please complete all partnership information:
	*What activity would you like more information about?

	Please describe why your company wants to partner with Saba and what value it would bring to a partnership.

	Please review and approve the terms and conditions of the Saba Content Alliance Program.
	BY CLICKING THE “ACCEPT” BUTTON AND COMPLETING THE LISTING CENTER ACCOUNT REGISTRATION PROCESS, CLIENT AGREES TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. CLIENT’S CONTINUED USE OF THE LISTING CENTER FOLLOWING ANY CHANGE TO THIS AGREEMENT WILL CONSTITUTE CLIENT’S ACCEPTANCE OF ANY SUCH CHANGE.
	This Agreement is between Client and Saba Software, Inc. ("Saba") and shall govern the Program and Client's participation in the Program. This Agreement includes the terms and conditions set forth below, any changes by Saba to such terms and conditions, any provisions incorporated by reference, and any operating terms, policies or additional agreements implemented from time to time by Saba (collectively, this "Agreement"). Saba reserves the right, in its sole discretion, to change any of the terms and conditions of this Agreement or the Program at any time, and from time to time, without notice to Client. 1.The Program. Details of the Program, including benefits and additional terms and policies, shall be as set forth at www.saba.com/english/alliances/alliance_partner/alliance_partner.htm, or at such other URLS as Saba may designate from time to time (the "Saba Web Site"). As a benefit under the Program, Client may access the Saba Content Lab. All use of the Content Lab shall be pursuant to the Saba Content Lab Agreement set forth at www.saba.com/english/alliances/alliance_partner/cappa.htm Client hereby agrees to all provisions contained therein. 2.Fees and Taxes. Client shall pay the fees set forth in the Program pursuant to the terms on the Saba Web Site. Client shall also be responsible for any taxes, levies, duties or withholdings arising from Client's participation in the Program or any transaction contemplated thereby. 3.Passwords. If Client receives any passwords from Saba, Client shall be responsible for any and all activities that occur under Client's account and password. Client agrees to keep any passwords strictly confidential, to allow no other person or entity to use any of its passwords, and to notify Saba immediately if Client has reason to believe that any of its passwords have been improperly used. 4.Confidentiality. Client agrees to treat as strictly confidential the confidential information of Saba, including, without limitation, all Saba technical information, reference material, Saba APIs, all information posted or accessible on any password-protected sections of the Program, and other items designated by Saba as confidential, or should reasonable be understood under the circumstances of disclosure to be confidential (collectively, the "Confidential Information"). If Client has a question as to whether any information received through participation in the Program in Confidential Information it will ask Saba for clarification prior to any disclosure. Client agrees not to disclose the Confidential Information to any third party, and to disclose the Confidential Information only to employees of Client who need to know. Client shall be responsible for the compliance of its employees with the terms of this Agreement. Client shall not use the Confidential Information for any purpose other than to allow it to create standards-compliant, interoperable content with Saba software. 5.Disclaimer of Warranties and Limitation of Liabilities. THE PROGRAM, INCLUDING WITHOUT LIMIATION, ALL MATERIAL PROVIDED OR MADE ACCESSIBLE THROUGH THE PROGRAM ("PROGRAM MATERIAL"), IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT (AND SABA DISCLAIMS ALL) WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR WARRANTIES CONCERNING THE NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CLIENT HEREBY ACCEPTS THE ENTIRE RISK, AND THE CONSEQUENCES, OF USE OF THE PROGRAM OR ANY PROGRAM MATERIAL, AND AGREES THAT SABA SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY CLAIMS, LOSSES OR INJURIES ALLEGED TO HAVE RESULTED FROM USE OF OR IN RELIANCE ON THE PROGRAM OR THE PROGRAM MATERIAL . NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT: (A) SABA'S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM OR ANY PROGRAM MATERIAL, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE), WILL NOT EXCEED NINE HUNDRED NINETY FIVE DOLLARS (US$995.00), AND (B) NEITHER SABA NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS OR LOST PROFITS), EVEN IF SABA OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING STATES THE ENTIRE LIABILITY OF SABA WITH REGARD TO THIS AGREEMENT, THE PROGRAM AND ANY PROGRAM MATERIAL. THE LIMITATION OF LIABILITIES CONTAINED IN THIS SECTION IS A FUNDAMENTAL PART OF THE BASIS OF SABA'S BARGAIN HEREUNDER, AND SABA WOULD NOT OFFER THE PROGRAM ABSENT SUCH LIMITATION. 6.Ownership. Client acknowledges that, as between Client and Saba, Saba and its suppliers retain exclusive ownership of all patents, copyrights, trade secrets, trademarks, trade names and other proprietary rights relating to or residing in the Program, any Program Material or the Confidential Information, including, without limitation, all software and programming code, technical documentation, APIs, other interfaces and any derivatives thereof or other modifications thereto. Except as expressly set forth in this Agreement, Saba reserves all rights in the Program and all Program Material. 7.Term and Termination. This Agreement will commence after Client's submission of a complete application, on the date that Client receives notice from Saba that Client has been accepted in the Program. This Agreement will last one year from its commencement date, unless earlier terminated as provided herein. Client may at any time terminate this Agreement in its sole and absolute discretion without cause by giving thirty (30) days' written notice to Saba, provided however, that no amounts shall be refunded to Client and Client shall immediately pay to Saba any amounts that may accrue under this Agreement or the Program prior to the termination date. Either party may terminate this Agreement immediately by giving written notice to the other party in the event that such other party breaches any material term of this Agreement. 8.Effect of Termination. In the event of expiration or termination of this Agreement, all rights of Client and all obligations of Saba hereunder will cease; and Client will at Saba's sole election: (i) immediately return to Saba all information requested by Saba that was received as part of the Program or delivered by Saba to Client hereunder and all copies and portions thereof, in any form whatsoever, or (ii) destroy such information and all copies and portions thereof, in any form whatsoever. The provisions of Sections 2, 4, 5, 6, 8 and 9 of this Agreement shall survive any termination or expiration of this Agreement. 9.General. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, excluding its conflict of law rules. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Client and Saba agree to submit to the personal and exclusive jurisdiction of the Superior Court of the State of California for the County of San Francisco or the United States District Court for the Northern District of California. Saba's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision; all waivers shall be in writing. No waiver of any provision or right shall affect the right of Saba to enforce any other provision or right herein or the same provision or right in the future. Neither party will make any representations or warranties on behalf of the other or about the other's products or services. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and agree that the other provisions of the Agreement shall be unaffected and remain in full force and effect. This Agreement and the rights and obligations hereunder may not be assigned, delegated or otherwise transferred, in whole or part, by Client, whether by agreement, operation or law or otherwise. This Agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous proposals, understandings, representations, warranties, promises and other communications, whether oral or written, relating to such subject matter. This Agreement may not be modified without the express prior written consent of Saba. Acceptance with this Agreement and participation in the Program is not intended to, and shall not be construed to, create or constitute a franchise, joint venture, partnership or other joint business relationship between Saba and Client or among the other participants. Client and Saba agree that the use of the term "Partner" is for convenience only and is not an indication of a partnership between the parties. Client represents and warrants that it has full power and authority to enter into this Agreement.
	*I DO accept the terms of this agreement
	Questions or Comments:

	By submitting this application, you agree to the terms and conditions of the program including payment of applicable fees for particular program services.