VID# 1043292841300 / 37671

Vendor Contact Information

CISV Contact Information		CMBL Address
Contact Person: Mary Kay Lofurno		411 Waverley Oaks Road Building 3, Suite 319 Waltham, Massachusetts 02452
Phone: 781-891-1999		Phone: 781-891-1999
Fax: 781-891-1994		Fax: 781-891-1994
Email: mklofurno@syberworks.com

Product / Services Information

Class/Items Available

Class# 208; Item #80-Learning Management System

SyberWorks Training Center
1. SyberWorks Training Center is used for managing employee training. The SyberWorks Training Center Employee Training version is a Web-based Learning Management System that provides complete solutions for managing and tracking all types of training at your organization - from e-Learning courses to traditional classroom training and self-paced study programs with a built in help desk functionality The STC includes extensive testing and assessment tools, reporting, search functionality, management, communication and collaboration tools, and quality control capabilities - all in one integrated database application that is highly scalable to precisely meet your organization's needs.
2. Components:
  1. Course Development & Enhancement
    1. SyberWorks Web Author, which is included with the SyberWorks Training Center, converts materials written in Microsoft Word into highly interactive and fully functional e-Learning materials. All courses are AICC/SCORM compliant. In addition, the STC also allows you to:
      1. Create your own complete online learning portals
      2. Support multiple campuses with their own look and feel
      3. Create just-in-time training and reference with SyberWorks Keyword Search
      4. Create highly interactive e-Learning with SyberWorks Web Author
  2. Instructional Management & Reporting
    1. The SyberWorks Training Center includes many administrative features such as calendar events, Campus Administration, Campus Messaging, class and course administration, database maintenance and loader utility, discussion groups, file, glossary and hierarchy administration, monitoring groups, posting categories, role, skills, and subject matter administration, survey administration, system status utilities, test definition, tickler profiles and user administration. The SyberWorks Training Center offers multiple levels of authority along with controlled access to your courses with user ID, password, and date range to ensure security.
      
      The SyberWorks Training Center has over 40 standard reports that allow you to keep track of students individually, monitor entire classes, and utilize multiple private campuses quickly and easily! These reports track: campus and course activity, help desk activity, hierarchy reporting, job skills reporting, quality control reporting, results reporting, survey reporting and various other miscellaneous reports. In the STC, you can:
      1. Manage and track e-Learning courses, classroom training, self-paced study programs, and other types of learning events
      2. Enter and edit students and classes
      3. Install and control access to courses
      4. Utilize extensive reporting (with more than 40 standard reports) to ensure that users are achieving maximum benefit from their e-Learning and other learning experiences
        
        Institutional reporting allows larger organizations to easily keep track of their training along departmental lines
        
        Use pre-tests and post-tests to measure learning gains
        
        Track amount of time spent in courses
  3. Virtual Classroom for Blended Learning
    1. When an Instructor or Administrator creates a class in SyberWorks Training Center, the class is supported with a “Class Page”. The Class Page is ideal for providing asynchronous instructor led online classes or to use for a blend of online and offline training. From the “Class Page#8221; a student can:
      1. Take any web based training course authorized to the class.
      2. Take any test or quiz authorized to the class.
      3. Participate in any discussion groups authorized to the student in the class.
      4. Upload and download files and documents to the “Class Page#8221; to be accessed by other students or only the instructors and administrators.
      5. See when other students enrolled in the class are in the class chat room.
      The “Class Page#8221; may consist of announcements, lessons, bios, manuals, notes, assignments, etc. In fact, any kind of document/file can be published to the “Class Page” by defining a posting category administratively and then uploading a file to the designated “Class Page”. Students can view/download files (by clicking on a document link) as well as upload a document to a posting category on the “Class Page#8221; based on student access rights.
  4. Two-Way Communication & Collaboration Tools
    1. The SyberWorks Training Center allows you to foster communication, using a built-in Help Desk, Threaded Discussion Groups, Messaging (including broadcast), Chat, and Web Conferencing features, which are part of the system and fully supported.
  5. Web Conferencing & Collaboration
    1. Use the STC’s Web Conferencing tool to deliver just-in-time learning, schedule and conduct meetings, and share presentations. With STC Web Conferencing, you can:
      1. Upload PowerPoint presentations for viewing over the Web
      2. Share desktops to provide superior customer support or to conduct product demonstrations during a sales demonstration
      3. Record and control audio conferencing that can be synched up with a web conference and archived for later use
      4. Collaborate in real-time updating, editing, and amending to any and all types of business documents
      5. Use the whiteboard to present ideas graphically in real time
  6. Broadcast E-Mails to Announce and Notify Users of Your Training
    1. The system allows you to send individual and group email that you may customize using personalization with substitution fields to send exactly the message you need to get out.
      
      The STC allows you to send bulk e-mails to groups based on queries that you define. For instance, you can send e-mail to everyone in a class or everyone in a campus; to those who've started a course but not yet passed it; to those who've passed a course; or to a Monitor Group - which is created by running an arbitrarily defined query to the database (e.g., all government inspectors in North America).
  7. Tickler System
    1. The Tickler system allows you to easily maintain contact with students and employees. It's a streamlined, efficient system - set up your tickler profiles and then have the system send out messages for you.
      
      For example, someone has been authorized to take a course and that authorization is ending in 5 days. Have the system automatically notify the person that they need to finish the course. Or send an e-mail to someone 60 days after they've finished a course to suggest they take another one.
      
      You can build a tickler profile based on the start and end dates of training events, when a user has passed a course, or when a recertification period is approaching. The STC allows you to create many kinds of Ticklers, including:
      1. Notices about instructor-led and online self-paced courses
      2. Reminders to individuals that they are registered for a classroom course and that they need to be somewhere on a certain date
      3. E-Mails to individuals and their supervisors that a recertification period is approaching
      4. Reminders about Skills and Event recertification
      5. Notices to anyone who has passed a specific course
      6. Reminders about course start and end dates

Software Products Pricing (Price Per Server) for SyberWorks Training Center Enterprise Edition (STCE) using the SQL Server Database

Number of Active Users*	TBPC Software Product Price Per Server**	Commercial Software Product Price Per Server**	TBPC Support and Upgrades**	Commercial Support and Upgrades**
250	$9,500	$10,000	$2,850	$3,000
500	$14,250	$15,000	$3,800	$4,000
1000	$19,000	$20,000	$4,750	$5,000
2000	$28,500	$30,000	$5,700	$6,000
4000	$36,000	$40,000	$6,650	$7,000
8000	$54,000	$60,000	$7,600	$8,000
Unlimited	$72,000	$80,000	$8,000	$8,000
**Includes FOB

Software Products Pricing (Price Per Server) for SyberWorks Training Center Professional Edition (STCP) for Access Database

Number of Active Users*	TBPC Software Product Price Per Server**	Commercial Software Product Price Per Server**	TBPC Support and Upgrades**	Commercial Support and Upgrades**
Unlimited	$7,125	$7,500	$1,900	$2,000
**Includes FOB

Software Module Add-On (for either STCE or STCP)

E-Commerce
E-Commerce capabilities give the STC the flexibility your users need, as well as the functionality for your training programs to produce their own revenue stream.

Users can view and search a course catalog and register online. Then simply add the course to the shopping cart. Depending on your organization's model, the user can pay directly for the course with a credit card, or have the user provisionally register - before registration is complete, a supervisor must approve the selection.

The E-Commerce module includes: merchant account set up and maintenance, pricing set up, orders and order data reports, credit card payments with secure transaction authentication.
Single Sign-On
Self-authentication module that allows your users to be able to log into the entire application without having to directly log-in to the individual application points within the Learning Management System (LMS).
Campus Graphics
Development of all user interface layouts and graphic images used in theLMS.
Authoring Template Graphics
Development of all course authoring template graphic images.
Language Pack
The SyberWorks language pack includes language conversion capabilities used in e-Learning for course authoring and development activities. (Languages include: French, Spanish, and Chinese)
Skills Inventory/Training Plans Module
Use the STC's Skills Management feature for Compliance Management and individual career development. Skills Management is a way of categorizing specific skill sets of individuals within a company or organization and mapping them to job roles and learning events. A job role within an organization requires certain skills - for instance, to be a bookkeeper, one must have mastered arithmetic, accounting, and so on. To demonstrate proficiency or mastery of a skill, an individual must complete a learning event or group of learning events. For example, to prove mastery of arithmetic, a student must pass Math 101 and Math 102. A learning event represents a specific task or event; for example, a six month apprenticeship; successful completion of a classroom course; or recertification in a specified area.

The Skills Management module includes: job roles, skills, learning events, certifiers, job role assignments, skill assignments, learning events assignments, and job skill reports features. Skills management is an essential component of Compliance Management. Some skills can expire, such as an OSHA certification that must be renewed every 6 months. Skills Management allows individuals and their supervisors to stay on top of these learning events - an essential element of compliance.
Survey Module

SyberWorks online surveying application makes creating and sending online surveys a snap. Online surveys can help to provide important information on your courses. The tool features 5 question types such as short answer, long answer, single select, multiple select, and likert scale question types with easy editing and online publishing tools.
Mobile Learning
Courses can be installed from a CD-ROM or downloaded from the Internet over wireless network so the user always has the most up-to-date version of the course. Control over the use of the course is always maintained because the course won't run unless it receives an authorization string from the system. When the user is finished with a lesson, results can be uploaded back to the STC when the user reconnects to the network.
SyberWorks Web Author
SyberWorks Web Author, you can create Web-based AICC/SCORM compliant training courses with audio, video, and software demonstrations. The tool is fast, easy to use and requires no programming knowledge to create online courses. Automatically adds navigation features and book-marking capabilities. Simultaneously builds pre-test, post-test, and lesson feedback sections. The SyberWorks Web Author allows you to design and redesign courses as needed.
SyberWorks Demonstrator
The SyberWorks Demonstrator included with SyberWorks Web Author, is an efficient, quick Java applet that provides a floating control panel for your users. Information is streamed so your demonstration can start right away while additional information is loaded in the background. No plug-ins are required!

Software Module:	TBPC License Price**	Commercial License Price
A) E-Commerce	$2,375	$2,500
B) Single Sign-on	$2,375	$2,500
C) Campus Graphics	$1,425	$1,500
D) Authoring Template Graphics	$1,425	$1,500
E) Language Pack	$2,375	$2,500
F) Skill Inventory/Training Plans Module	20% of license price	20% of license price
G) Survey Module	20% of license price	20% of license price
H) Mobile Learning	10% of license price	10% of license price
I) SyberWorks Web Author	$845- Yearly Upgrade $285	$895 Yearly Upgrade $300
**Includes FOB

Three copies of SyberWorks Web Author (SWA) for course development are included in the SyberWorks Learning Management system price. Additional copies are available for $845** each. For customers who buy the SWA by itself, a Support and Upgrade Contract is available for $300** per year.
Unlimited copies of SyberWorks Template and SyberWorks Demonstrator are included in the price.
An Active User is a user who can access the functions of the SyberWorks Training Center. A flag on the user's record controls this access. When a student no longer needs to access the system, you can switch this flag to inactive and the user no longer counts toward the license limit. For example, you may have 2000 users on the system, but only 400 are active. This means that a 500-user license would be sufficient.
Additional copy of server for course development and staging which supports 50 users is provided for no extra charge.
Installation assistance and training are available at $1,200** per day plus travel and all related expenses.

**Includes FOB

Web Hosted Solutions-SyberWorks will host your training programs using our learning management system technology*

Description	TBPC Price**
Setup of private campus on an organization's server, which does not include e-commerce capabilities. Customer logo added to one of several standard designs for no extra charge. Once copy of SyberWorks Web Author included for no extra charge.	$2,375
Custom graphics for campus to match Customer web site (or other design of their choosing)	$1,425
Custom graphics template for SyberWorks Web Author so courses match the customer web site (or other design of their choosing).	$1,425
Monthly campus usage for each person accessing the campus in a month	$9.5
E-Commerce	$2,375
Language Pack	$950
Hierarchical Report	NC
Integrated Audio/Web conference capabilities:
Moderator ID for 15 Web conference participants	$465/year
Moderator ID for 50 Web conference participants	$4,650/year
Moderator ID for 100 Web conference participants	$9,120/year
Audio conferencing per user per minute(includes toll-free number for US)	$.23.75
Archive a conference	$95
Includes FOB Hosted solutions include the Skills Inventory/Training Plans Module, the Survey Module, and the Mobile Learning Module and Single Sign-on in the private campus setup.*

Hosted Solutions Usage Discount Schedule:

TBPC Monthly Usage Fees and Discount Schedule**
Number of Active Users/Month	Price per Active User per month
1 - 150*	$9.50
151 - 300	$7.50
301 - 600	$5.50
601+	$4.50
*Includes FOB The $9.50 per month is for the first 150 active users. For next 150 active users (151 - 300), the price per month is $7.50 per active user. For the next 300 active users (301 - 600), the price per month is $5.50 per active user. See example below:

Example: During the month, 200 users access the Campus.
Fee = (150 *$9.50)+(50*$7.50)
Fee = $1,800

Support and upgrades for hosted campuses are included for no extra charge.
Three or fewer participants may use web conferencing without integrated audio conferencing.
If there is a need to hold multiple conferences at the same time, a separate Moderator ID is needed for each conference.

Annual Usage Fee:
Annual Usage/Hosting Fee per User
Annual Fee	Pricer per User	Number of Users per Year	Overage Fee per User
$4,000	$40	100	$45
$7,500	$30	250	$35
$10,000	$20	500	$25
$12,000	$12	1,000	$20
$20,000	$10	2,000	$20
$32,000	$8	4,000	$16
$48,000	$6	8,000	$12
$80,000	$5	16,000	$10
$96,000	$4	24,000	$8

The above fee schedule is an annual pricing model based on number of committed users. Payment for the entire year is due net 30 days from signing. If the number of actual users exceeds the prepaid amount, the overage fee per user is applied for every user in excess of the prepaid amount. Guarantee/Warrantee

Unless specified otherwise in this contract, the SyberWorks's standard commercial guarantee/warranty as stated in the contract's commercial pricelist will apply to this contract.
The SyberWorks warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
Limitation of Liability. Except as otherwise provided by an express or implied warranty, the SyberWorks will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items.
Unless otherwise specified in the individual delivery order, all e-Learning related products sold under this contract are warranteed for a period of 6 months as opposed to our normal 90-day commercial warranty.
Six Month Government Warranty: Seller warrants to Buyer, its successors, and customers that all items furnished will be free from defect in material and workmanship for a period of six (6) months after delivery to Buyer (or for such longer period as specified on the face of this order or extended by Seller in any warranty to any other customer for similar terms during the term of this order), will conform to applicable specifications, specified performance requirements, samples and other descriptions furnished or specified by Buyer, will be merchantable, suitable for the intended purposes and free from all other defects, including defects in design, to the extent such items are not of a detailed design furnished by Buyer.
In the event Seller is required to replace or correct any component or any item as a result of breach of the foregoing warranty, the running warranty period for the time of which the defective component is a part shall be suspended from the date Seller received notice of the breach of warranty until the date the component is replaced or corrected, and this portion of the warranty period.
Buyer's approval of Seller's samples or first articles shall not be construed as a waiver by the Buyer of any requirement of the specifications, specified performance requirements, and/or other referenced descriptions applicable here to or of any express or implied warranty. Seller shall provide to Buyer data and reports applicable to any correction or for under this warranty (including revision and updating of all affected data called for under this order) and Seller shall bear the cost therefore. The Seller hereby acknowledges that Seller has represented and this order has been entered into under the basis that Seller has reviewed and accepted the specified performance requirement (s) as set forth in this order and that Seller assumes all risks and full responsibility for meeting said performance requirement (s).
Accordingly, notwithstanding any conflict or inconsistency which hereafter may be found between achievement of the specified product performance requirements and Seller's proposal for the item (s) being purchased herein warrants that the item (s) to be requirements of this order. The above warranty is valid only if the defective item is not the result of unauthorized modification, vandalism, negligence, accident, abnormal use, or incorrect installation (unless installed by the Seller).

Support/Technical Services

SyberWorks shall provide technical support for the purpose of providing user assistance, guidance in the implementation, and usage of the software. For questions, please call Mary Polly-Berte, Director of Customer Support and Training at 888-642-7078 from 9am EST to 5pm EST.

Software Maintenance

SyberWorks, Inc., agrees to provide the ordering agency the following services

SYBERWORKS Sales and After-Sales Maintenance Plan & License Agreement

Delivery of Support Service.
1. SyberWorks will provide and on the PROGRAM PROPERTY licensed according to the Software License Agreement to follow this section of the document hereto and made a part hereof.
2. SyberWorks will provide the ordering agency with support service via telephone and email contact with SyberWorks personnel for the purpose of resolving problems originating in the PROGRAM PROPERTY.
3. The support service described in Section 1(b), shall be available between the hours of 9:00 AM and 5:00 PM, Monday through Friday, Eastern Time, excluding legal holidays.
4. If problems reported by the ordering agency are reasonable determined by SyberWorks to originate in computer hardware or in communications equipment or in software other than the PROGRAM PROPERTY, then SyberWorks' responsibility shall be limited to providing assistance and advice to enable ordering agency to determine appropriate remedial action to be taken by that entity or by maintenance agents acceptable to SyberWorks to resolve such problems at the ordering agency's cost.
5. If the problems reported by the ordering agency are reasonably determined by SyberWorks to result from Program Errors (as herein defined) in the PROGRAM PROPERTY, then SyberWorks shall use its best efforts to correct such Program Errors in as expeditious a manner as possible. This Section constitutes Recipient's exclusive remedy in the event of any errors or defects in the PROGRAM PROPERTY. "Program Errors" are defined as failures of the PROGRAM PROPERTY to operate or produce output in substantial conformity to descriptions of such operation or output in the program documentation.
Enhancements and New Releases. SyberWorks from time to time will make available enhancements to the PROGRAM PROPERTY or send out new releases to all customers whose Support and Upgrade fees are paid up-to-date. If no conversion is required or there has been no custom programming that changes the database structure, the changes should require no programming support to implement. In these cases where programming support is required, SyberWorks will, upon approval of Recipient, provide it on a time and expense basis under SyberWorks's then current policy and rate schedule.
Support and Upgrade Service Contract Period. The service period under this agreement shall be for twelve months (12) from the date of inception. After this service period, the Agreement will continue indefinitely, except that either SyberWorks or Customer may terminate the Agreement at any time by providing sixty (60) days written notice to the other.
License Agreement

By opening the sealed packet(s) or downloading the (i) SyberWorks Web Author Software Product and/or (ii) SyberWorks Training Center Software Product provided to you hereunder (together with related documentation referred to herein as the "Software"), Recipient agrees to be bound by the terms of this SyberWorks, Inc. Software License Agreement. If Recipient does not agree to the terms of this Agreement, Recipient must promptly destroy all copies of Software to obtain a full refund. This Agreement does not obligate SyberWorks, Inc. ("SyberWorks") to provide Recipient with any enhancement or update to the Software.
SyberWorks will make available equivalent replacement parts for a product sold to the state for at least 3 years after a product is discontinued.

SyberWorks, and the individual and his or her organization (collectively, "Recipient") accepting a copy of the Software agree as follows:

GRANT OF LICENSE: Subject to the provisions contained herein and payment of applicable license fees, SyberWorks hereby grants Recipient a non?exclusive, non?transferable license to each version of the Software provided to Recipient hereunder for internal use only. All other rights are reserved to SyberWorks. Recipient shall not rent, lease, sell, sublicense, assign or otherwise transfer the Software. Recipient may not reverse engineer, decompile or disassemble the Software except to the extent that this restriction is expressly prohibited by applicable law and to the extent that the Company is not permitted by such applicable law to exclude or limit such rights. Information relating to the Software which is necessary to enable the production of software which is interoperable or compatible with the Software or other software products may be provided from SyberWorks upon written request. SyberWorks and its suppliers shall retain title and all ownership rights to and in the Software. The Product is protected by the copyright laws of the United States and international copyright treaties. Recipient's licensed rights to and in the Software are limited to the following:
1. Recipient may install each version of the of the Software on a single computer.
2. Recipient may transfer the Software to another computer, provided that it is removed from the computer from which it is transferred and the use of the Software on the replacement computer otherwise complies with the terms of this License Agreement.
3. Recipient may permit such number of its subscribers for which it has paid a license fee (collectively, "Authorized Users") to access course materials through the SyberWorks Training Center licensed to Recipient hereunder and shall assign each such Authorized User an access code specific to such Authorized User and a password specific to such Authorized User to enable the Authorized User to access SyberWorks Training Center through a web browser.
4. Recipient may not copy the Software except as permitted by applicable law.
5. Recipient shall inform all users of the Software of the terms and conditions of this License Agreement.
REPRESENTATION OF RECIPIENT; INDEMNITY:
1. By using the SyberWorks Web Author, RECIPIENT represents that it has all of the necessary rights to the use of the materials, communications, or other information that RECIPIENT has used in its preparation of the course materials to be accessed by Authorized Users .
2. RECIPIENT agrees to defend at its expense, and indemnify and hold harmless the Company from and against any and all damages, costs, liabilities, expenses and settlement amounts of any kind or nature, including attorney's fees and costs, incurred in connection with or arising out of any allegation, suit, claim, or action made or threatened by any third party arising out of RECIPIENT's preparation of course materials and use of such course materials on the SyberWorks Training Center.
DISCLAIMER OF WARRANTIES: THE SOFTWARE IS SUPPLIED TO THE RECIPIENT “AS IS.” SYBERWORKS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SOFTWARE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL SYBERWORKS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO RECIPIENT OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF SYBERWORKS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHERMORE, IN NO EVENT SHALL SYBERWORKS'S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEES PAID BY RECIPIENT FOR THE SOFTWARE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TERMINATION: SyberWorks may terminate this Agreement immediately in the event of default by Recipient. Upon any termination of this Agreement, Recipient shall immediately discontinue the use of the Software and shall within ten (10) days either return to SyberWorks or certify destruction of, all full or partial copies of the Software and related materials provided by SyberWorks. Recipient may also terminate this Agreement at any time by destroying the Software and all copies thereof. Recipient's obligations to pay accrued charges and fees shall survive any termination of this Agreement. In addition, Sections 2, 3, 4, 5, 6, 7 and 8 hereof shall survive any termination of this Agreement.
GOVERNING LAW; ATTORNEYS FEES: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles, and Recipient further consents to the exclusive jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts. The parties hereto exclude the United Nations Convention on Contracts for the International Sale of Goods from this Agreement and any transaction that may be implemented in connection with this Agreement. Recipient agrees to comply with all United States, foreign, and local export laws and regulations.
MISCELLANEOUS: This Agreement constitutes the complete and exclusive agreement between SyberWorks and Recipient with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of SyberWorks and Recipient. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY RECIPIENT FOR THE SOFTWARE IS EXPRESSLY MADE CONDITIONAL ON RECIPIENT'S ASSENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, AND SYBERWORKS AGREES TO FURNISH THE SOFTWARE ONLY UPON THESE TERMS AND CONDITIONS AND NOT THOSE CONTAINED IN RECIPIENT'S PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement.
U.S. GOVERNMENT RESTRICTED RIGHTS: Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer?Restricted Rights clause at FAR 52.227?19 when applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227?7013, and in similar clauses in the NASA FAR supplement. SyberWorks/manufacturer is SyberWorks Inc., 411 Waverley Oaks Road, Building 3, Suite 319, Waltham, MA 02452.

Labor Rate Pricing/Terms & Conditions For Information Technology (IT) Professional Services

Professional Information Technology Services;

Labor Category	Qualifications	Job Summary	TBPC Rate	Commercial Rate
	Education may be substituted for experience and vice versa		Hourly Wage	Hourly Wage
Project Manager	Bach. Degree & 5 years of high tech project management experience.	Assist project teams to develop and implement project plans (specifications, time estimates, schedules, etc.). Ensure effective client communication, to include regular status reporting, completion of deliverables, invoicing, and overall project. Oversee all phases of development for a project, including but not limited to: analysis, design, development, quality, assurances, and implementation. Travel may be required to fulfill specific duties.	$118.75*	$125.00*
Course Developer	Bach. Degree & 5 years specific experience.	Develop, publish, and maintain course development standards and adult learning strategies for use when developing technology-based training. Manage course development process and integrate instructional design standards, adult learning strategies and graphics into the scope of work for consulting projects in collaboration with project team personnel. Design and develop technology-based training, as needed using SyberWorks Web Author and SyberWorks Web Audio. Communicate with client as needed throughout the consulting project, including travel to client site as necessary. Ensure timely and appropriate completion of online courses. Must have experience with HTML and Java Script.	$104.50*	$110.00*
Programmer	Bach. Degree & 5 years specific experience.	Performs direct technical work on projects. Works under supervision and codes, installs, operates, uploads, maintains, configures, troubleshoots, and repairs the system. Knows Experience with SQL, Visual Basic, Java Script, HTML, Access, Java, C, C++, Visual C++, Visual Basic. NET, Pascal, Python, PHP, LISP, Unix, Appache, My SQL, REXX,	$104.50*	$110.00*

70-SIN: 132-51 Professional Information Technology Services, Continued

TBPC Offer	Qualifications	Job Summary	TBPC Rate	Commercial Rate
Labor Category	Education may be substituted for experience and vice versa
Web Designer	Bach. Degree & 4 years specific experience.	Builds and installs web sites. Creates. Designs, develops graphics files. Must know HTML, Photoshop, Flash, and Illustrator, HomeSite	$80.75*	$85.00*
Technical Support Specialist	Bach. Degree & 3 years specific experience.	Provides ongoing technical support and administrative (product and deliverable related) support for clients throughout the consulting project to support client in performing software development tasks. Communicate with client either via-telephone or travel to client site as necessary as required to trouble shoot and resolve specific issues.	$76.00*	$80.00*
Administrative Assistant/Support	Assoc. Degree & 4 years general experience.	Performs general administrative tasks, knows HTML, supports project team.	$71.25*	$78.00*
*Includes FOB

Warranty/Guarantee for E-Learning IT Services

Unless otherwise specified in the individual delivery order, all elearning related customization sold under this contract are warranted for a period of 6 months as opposed to our normal 90-day commercial warranty.
Six Month Government Warranty: Seller warrants to Buyer, its successors, and customers that all items furnished will be free from defect in material and workmanship for a period of six (6) months after delivery to Buyer (or for such longer period as specified on the face of this order or extended by Seller in any warranty to any other customer for similar terms during the term of this order), will conform to applicable specifications, specified performance requirements, samples and other descriptions furnished or specified by Buyer, will be merchantable, suitable for the intended purposes and free from all other defects, including defects in design, to the extent such items are not of a detailed design furnished by Buyer.
In the event Seller is required to replace or correct any component or any item as a result of breach of the foregoing warranty, the running warranty period for the time of which the defective component is a part shall be suspended from the date Seller received notice of the breach of warranty until the date the component is replaced or corrected, and this portion of the warranty period.
Buyer's approval of Seller's samples or first articles shall not be construed as a waiver by the Buyer of any requirement of the specifications, specified performance requirements, and/or other referenced descriptions applicable here to or of any express or implied warranty. Seller shall provide to Buyer data and reports applicable to any correction or for under this warranty (including revision and updating of all affected data called for under this order) and Seller shall bear the cost therefore. The Seller hereby acknowledges that Seller has represented and this order has been entered into under the basis that Seller has reviewed and accepted the specified performance requirement (s) as set forth in this order and that Seller assumes all risks and full responsibility for meeting said performance requirement (s).
Accordingly, notwithstanding any conflict or inconsistency which hereafter may be found between achievement of the specified performance requirements and Seller's proposal for the item (s) being purchased herein warrants that the item (s) to be requirements of this order. The above warranty is valid only if the defective item is not the result of unauthorized modification, vandalism, negligence, accident, abnormal use, or incorrect installation (unless installed by the Seller).

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Class# 208; Item #80-Learning Management System

Labor Rate Pricing/Terms & Conditions For Information Technology (IT) Professional Services

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