Please review the Pure Storage Terms and Conditions and chec…
Please review the Pure Storage Terms and Conditions and check the box if you agree. You will have 10 minutes to review and accept. If you do not accept within 10 minutes, your exam will end.Pure Storage® Certification Program AgreementYOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS WHICH GOVERN THE EXAMINATION AND CERTIFICATION PROGRAM AND ANY SERVICES REGARDING PURE STORAGE (“PURE”) AND ITS PRODUCTS AND SERVICES UNDER THIS CERTIFICATION AGREEMENT (“AGREEMENT”). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER OR APPLY FOR ANY PURE CERTIFICATION OR EXAMINATION.Purpose. Subject to the terms of this Agreement, individuals who successfully meet certification requirements, including receiving a satisfactory score on the Pure Certification Exam defined below, are entitled to become Pure Certified Individuals and use the Pure Certification Badges corresponding to the certifications they attain. Definitions of these terms are set forth below.Definitions. The following terms shall have these defined meanings for the purposes of this Agreement: “Pure Certification Program” (or “Program”) shall mean the certification program(s) described in this Agreement and referred to on the Certifications page on Pure’s website.Pure Certification Examination (or “Exam”) shall mean any virtual or physical examination established by Pure that Pure customers, partners, employees or exam candidates must satisfactorily pass to obtain or maintain certification respectively through the Pure Certification Program.”Certification” shall mean passing the requisite Pure Certification Exam(s) for a particular level of expertise (“Certification Level” or “Level”), and meeting and maintaining compliance with any other requirements set out in this Agreement. Details of the Certification are found on the Certifications page on Pure’s website. “Pure Certification Badge(s) (or “Badge(s))” shall mean an electronic badge or digital certification that may contain Pure or Pure Authorized Partners’ names, logos or other information that is used to identify you as a Pure Certified Individual for the Certification(s). “Pure Certified Individual” shall mean an individual who has satisfactorily passed the required Exam(s), and has met all certification requirements set by the applicable Pure Certification Program, maintains the certification by meeting any additional requirements and re-certifications required by the Pure Certification Program, and is entitled to use the Pure Certification Badge(s) in accordance with this Agreement.“Confidential Information” shall mean any information that relates to Pure’s Certification Program, including study aids and materials, Examination questions and answers or other Exam content, and any communications by Pure that include information which has not been made available to the general public around its Products and Services, the Pure Certification Program or other documents and materials bearing the word, “Confidential” on it. Such Confidential Information, however, does not include information that: (a) is now or subsequently becomes generally available to the public through no fault or breach on the part of you; (b) you can demonstrate to have had rightfully in your possession prior to disclosure to you by Pure; (c) is independently developed by you without the use of any Confidential Information; or (d) you rightfully obtained from a third party who has the right to transfer or disclose it to you without limitation.Your Representations. You represent and warrant that you are at least 18 years old and have the right, authority, and capacity to enter into this agreement, personally or on behalf of your company, and to bind you and your company to the terms of this agreement. You also represent and warrant that you are not a legal resident of any country that is subject to any U.S. Sanctions or other prohibiting or restricting law. If required, you agree to provide approved identification evidencing residence in one of the non-sanctioned countries in order to participate in the Program.You agree to comply with all instructions, policies, processes, procedures, and guidelines relating to the Program and any Examination Tool. You also agree to provide truthful information about your identity, documentation, and profession in response to any Pure request related to the Program. You agree to follow all proctoring requirements and take the Exam without any assistance from another person or take any actions which may be reasonably considered as plagiarizing, cheating or untruthful. You agree not to share or compromise any Program content, questions, or answers related to any certification attempts. You agree to report anyone who you know has intentionally stolen, shared, colluded or otherwise undermined Pure’s Certification Program. You agree to uphold yourself to the highest standards of professional conduct while participating in the Program.You warrant and represent that you shall; (i) not currently be an employee, agent, contractor or other individual that is associated with a direct competitor of Pure, whereby Your access to the Confidential Information can be used to benefit the direct competitor or any third party not affiliated with Pure; (ii) not harm the reputation of Pure or its products; (iii) not employ deceptive, misleading, or unethical practices; (iv) not make any representations, warranties, or guarantees on behalf of Pure; (v) comply with all applicable federal and local laws and regulations (including, but not limited to laws regulating your professional status and licensing requirements and U.S. export regulations) and all other applicable governmental laws, statutes and regulations; (vi) comply with all intellectual property and proprietary rights protections for Pure software, development tools, and other products; (vii) not disassemble, decompile, reverse engineer, or otherwise reduce or seek to derive the object code for Pure software and/or tools to a human readable (source code) form; and (viii) not share any Pure Confidential Information that you learn from the Pure Certification Program with any third party, including but not limited to, Pure’s competitors. Certification Details. Registration. To become a Pure Certified Individual and obtain a Certification and Badge, you must register to take the Pure Certification Exam for the corresponding Certification you are applying for. Examination registration can be found at a site which is managed by Zoomorphix (“Registration Administrator”). By using the registration website, you agree to Registration Administrator and Pure’s Terms and Conditions and Privacy policies as well as Pure’s. Examinations. General. All virtual Pure Certification Exams are administered and proctored by ProctorU (“Exam Administrator”). By taking the Exam, you agree to the Exam Administrator’s Terms and Conditions, instructions requirements and Privacy Policy. Examination Details. Pure may require that the Exam be taken in a “closed book” setting. If you are taking an Exam in such a setting, you agree not to consult or view any books, print outs, screenshots, materials, notes, persons or other materials that would be considered an aide, are prohibited during the Exam. To ensure your compliance with the Exam’s testing requirements, ProctorU may monitor you and/or use monitoring software to record you while you are taking the Exam, in which monitoring data may be collected and stored, per Exam Administrator’s privacy policy. Results. Exam results will be provided to you within 2-4 business days from the date you complete the Exam, although this is not a guarantee. *For the first 100 people to take the exam, exam results should not be expected for 3-5 weeks. Retakes. In the event that you do not pass an exam, you must wait 14 days before you retake the exam. In the event that you have attempted and failed an exam three or more times, you must wait 60 days before scheduling an additional exam attempt. However, you must pay the full registration fee for each exam attempt. Certifications and Badges. General. To become a Pure Certified Individual, Pure may require you to complete and successfully pass one or more Corresponding Exams. Upon satisfactorily passing the applicable Exam(s), you will be identified as a Pure Certified Individual for that corresponding Certification for a specific term of time (see Certification requirements as described on the Certification page on Pure’s public website). You will also have access to the corresponding Pure Certification Badge for your use while the Certification is valid. Details of the Pure Certifications and Badges can be found here.Term. Certifications are valid for 36 months from the date of successful completion of the Exam (“Certification Term”). You will then be required to take and successfully pass a Recertification Exam for that particular Certification within three (3) months of the ending of the Certificate Term (“Recertification Deadline”). Any failure to comply with all applicable continuing certification requirements or changed continuing certification requirements will result in your Certificate becoming expired. Pure is under no obligation to remind you of the Recertification Deadline for the particular Certification that is expiring.Pure may, from time to time and in its sole discretion, change or modify certification requirements of the Certification, the format of the Exam, and/or Pure Certification Badges. Pure will use commercially reasonable efforts to notify you by email to the email address provided to Pure of any changes to the certification requirements for any certifications you currently hold. You must comply with the changed requirements within the period of time set forth in the applicable Policies to stay in compliance with any modified compliance requirements. Term and Termination. Either party may terminate this Agreement at any time, with or without cause, by giving thirty (30) calendar days’ prior written notice to the other party. Pure may terminate this Agreement immediately, including terminating your registration account, cancelling any scheduled exams without a refund, revoking any or all Certifications to which this Agreement relates, and termination of your use of the corresponding Pure Certification Badges, upon the occurrence of any one of the following events (“Cause”): (i) you fail to comply with any of the terms of this Agreement, including, without limitation, the terms governing the use of the Pure Certification Badges; (ii) you misappropriate or disclose any trade secret or Confidential Information of Pure (including, but not limited to, any Pure Certification Exam questions and answers or other Confidential Information), or otherwise infringe any other intellectual property right of Pure, or engage in any other activities prohibited by law; or (iii) you fail to comply with Exam taking instructions or conduct yourself in an unprofessional manner. In the event any of the above occurs, Pure may provide you with written notice of termination of this Agreement. Immediately upon termination of this Agreement, you shall immediately cease all use of any Pure Certification Badges corresponding to the Certification to which this Agreement relates. Pure’s termination under this section shall not prejudice any rights Pure may have under this Agreement or in law, equity or otherwise. Sections 8, 9 and 11 shall survive termination of the Terms and Conditions for any reason.Disclaimer of Warranty. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PURE SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES RELATING TO THE CERTIFICATION EXAM, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, PURE’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY YOU FOR THE CERTIFICATION EXAM. IN NO EVENT SHALL PURE OR ANY AFFILIATE OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, CORRUPTION OF, OR COMPROMISE OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE CAUSED, ARISING FROM OR RELATED TO YOUR CERTIFICATION, FAILURE TO ACHIEVE CERTIFICATION, OR USE OF OR INABILITY TO USE THE PURE CERTIFICATION BADGES, OR ARISING FROM OR RELATED TO THE TERMINATION OR REVOCATION OF YOUR CERTIFICATION, EVEN IF PURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN YOUR COUNTRY OF PURCHASE, OR IF DIFFERENT, YOUR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.Indemnification. You agree that Pure shall have no liability to you or any of your employees, agents, clients or customers and that you shall defend, indemnify, and hold Pure, its affiliates, subsidiary corporations and their respective officers, directors, employees, agents, successors and assigns harmless from and against any and all actions, demands, claims, and/or liabilities (including, but not limited to, personal injury or product liability claims) arising out of: (i) your involvement in the Pure Certification Program in a manner which is in any way inconsistent with the terms of this Agreement; or, (ii) your conduct resulting in the termination of this Agreement by Pure, pursuant to the terms herein. Some jurisdictions do not allow limitations of liability in certain circumstances (for instance, in the event of death, personal injuries, gross negligence or willful misconduct) so the foregoing indemnity may not apply to you. In the event Pure seeks indemnification from you under this provision, Pure will promptly notify you in writing of the claim(s) brought against Pure for which it seeks indemnification. Pure reserves the right, at its option and sole discretion, to assume full control of the defense of such claim with legal counsel of its choice. You may not enter into any third party agreement which would, in any manner whatsoever, affect the rights of, or bind Pure in any manner, without the prior written consent of Pure. In the event Pure assumes control of the defense of such claim, Pure shall not settle any such claim requiring payment from you without your prior written approval. Upon Pure’s request, you shall reimburse Pure for any expenses reasonably incurred by Pure in defending such a claim, including, without limitation, attorney’s fees and costs, as well as any judgment on or settlement of the claim in respect to which the foregoing relates.Confidentiality. Anyone obtaining access to Pure Certification Exams or Confidential Information is obligated to maintain the confidentiality of this information. An individual caught violating the terms of this provision will be permanently ineligible for any Pure Certification and shall be decertified from the Pure Certification program and all current certifications associated with it. You agree to protect Pure’s Confidential Information, using at least the same degree of care that you use to protect your own confidential and proprietary information of similar importance, but no less than a reasonable degree of care. Recipient agrees to use Pure’s Confidential Information for the sole purpose of evaluation in connection with the purpose of this Agreement. You will not disclose, publish, or disseminate Confidential Information. You may disclose Confidential Information to the extent required by law, provided you make reasonable efforts to give Pure notice of such requirement prior to any such disclosure and take reasonable steps to obtain protective treatment of the Confidential Information. Except as expressly set forth herein, no license or other rights to Confidential Information are granted or implied hereby and Pure retains all of its rights therein. Nothing in this Agreement is intended to grant a license or waive any rights in either party’s patents, copyrights or trademarks.Governing Law. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.Data Protection. You agree and understand that it is necessary for Pure to collect, process and use your data in order to process Certifications and Exam scores and confirm compliance with Pure’s policies and applicable laws. Pure will protect your information in accordance with the Pure Privacy Policy www.purestorage.com/privacy. Agency and Compensation. Participating in the Program or receiving Certifications or Badges from Pure are neither endorsements of Your employability, nor guarantees your current or future work or performance. There is no partnership, employer-employee, agency, or joint venture relationship between you and Pure. You will not be entitled to any compensation, stock, or other rights or benefits by being a Pure Certified Individual. Computerized Translation Service: Certification Examinations are offered by Pure in the English language only. All examination materials, instructions, questions, answers, and related communication are provided in English only. Upon request and based on availability, and at Pure’s sole and absolute discretion, a computerized translation service may be activated for use to translate exam questions and answers from a language other than English to English, and vice versa. This computerized translation service is incorporated into the examination system, and it is provided as a courtesy without any warranties or representations regarding its accuracy and effectiveness. If you request use of the computerized translation service, you acknowledge your comprehension of exam questions and exam results may be negatively affected. Any errors and misunderstandings resulting from your use of this service, which may result in inaccurate translations, shall not serve as a basis for disqualifying any part of the exam process. Future Communications. By accepting these Terms and Conditions, you agree that Pure may, from time to time, contact you regarding updates, news, offers, promotions, feedback surveys, and other information about our products and services that may be of interest to you. This may include information about our latest technology advancements, features, exclusive offers, and events. General. You may not assign your rights or obligations under these Terms and Conditions. Any unauthorized assignment will be void. Pure will not be liable for performance or delays beyond its reasonable control. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default. If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and the economic effect of the Terms and Conditions. These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between Pure and you with regard to Pure Certification and supersede all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon Pure unless made in writing and signed by an authorized representative of Pure. Any term or condition on any other document submitted by you shall be of no force or effect whatsoever, and is specifically rejected. Pure reserves the right to change this Agreement at any time and without notice.