Unity Certification Program Additional Terms
Last Updated July 30, 2020
These Unity Certification Program Terms (“Certification Program Terms”), which supplement and incorporate the Unity Terms of Service, govern your participation in any Certification Program developed by Unity, as well as your use of related Certification Materials and Certification Logos and Appellations.
By participating in a Unity Certification Program, you represent and affirm that you have read, understand and agree to be legally bound by and comply with these Certification Program Terms. If you do not agree with these Certification Program Terms, you are not authorized to participate in the Unity Certification Program and you may not take an Exam or use the Certification Materials in any manner.
1. Participation in Unity Certification Programs
1.1. To participate in a Unity Certification Program, you represent and warrant that: (a) you are an individual of at least 16 years of age; (b) if you are between the ages of 16 and the age of legal majority where you access the Certification Materials, your parent or legal guardian has reviewed and agreed to these Certification Program Terms; (c) you are not a citizen or resident of a country subject to any United States embargo; and (d) you are not otherwise prevented from participating in a Unity Certification Program under applicable law.
1.2. To use the Certification Logos and Appellations: you must (a) complete an Exam and (b) obtain a passing score on that Exam, as determined by Unity in its sole discretion.
1.3. You may discontinue participation in a Unity Certification Program at any time, subject to your obligations in respect of the Certification Materials and Certification Logos and Appellations as set out in Section 8.
2. Your Obligations
2.1. You agree that you will not engage in any misconduct in connection with a Unity Certification Program, including receiving or providing unauthorized assistance during an Exam, submitting work that is not your own, or possessing or using unauthorized materials during an Exam. Further, you will not make any form of false representation concerning your identity or misuse any testing identification number, username, or other credentials that have been provided to you.
2.2. You agree to fully abide by all instructions, guidelines and procedures associated with the Unity Certification Program that Unity or any Unity Partner provides to you. These instructions, guidelines and procedures may be presented to you via publication on a website to which you are directed during your participation in the Unity Certification Program or through other written communication (including email) delivered to the address you provide to Unity or a Unity Partner.
2.3. You agree that you will not, directly yourself or indirectly through any other party, without prior written consent of Unity: (a) copy, modify or create derivative works of all or any portion of the Certification Materials or Certification Logos and Appellations; (b) license, distribute, transfer or otherwise provide access to any of the Certification Materials or Certification Logos and Appellations to any third party; (c) disassemble, decompile or reverse engineer the Certification Materials; (d) make the Certification Materials available to multiple users or third parties; (e) use the Certification Materials for competitive analysis or to develop a competing product or service; (f) delete or alter any proprietary rights notices or markings appearing in any Certification Materials, or (g) otherwise make use of the Certification Materials or Certification Logos and Appellations, except for the purposes identified in these Certification Program Terms. Unless AND UNTIL you have received prior written consent of Unity, You are restricted from using any Training Materials, whether in their original form or a modified state, in the production of any commercial content. This Section 2.3 supersedes any other contrary terms presented by Unity or a Unity Partner.
2.4. You agree that, unless otherwise instructed or agreed in writing by Unity, you will not use the Certification Logos and Appellations in a manner that is inconsistent with the Unity’s Trademark Guidelines.
2.5. You understand and agree that (a) you are not an agent of Unity or its licensors, and will not hold yourself out as such; and (b) you are not permitted to make, and will not make, any representations, warranties or guarantees to third parties with respect to Unity or Unity Partners.
3. Intellectual Property Rights
3.1. Subject to these Certification Program Terms, Unity grants you a non-exclusive, revocable, non-transferable, non-sublicenseable, royalty-free license to use the Certification Materials during an Exam. The foregoing license does not permit you to download, install or copy any Certification Materials, except as otherwise expressly agreed by Unity in a separate writing.
3.2. Upon your passing of an Exam, Unity grants you a non-exclusive, revocable, non-transferable, non-sublicenseable, royalty-free license to use the Certification Logos and Appellations, as appropriate to the type and level of Certification you have achieved, for a period of two (2) years from your passing of the Exam to identify yourself as a person who has attained such Certification.
4. Reservations & Limitations
4.1. Certification Materials are protected by copyright law and international treaties and are licensed, not sold, hereunder. Unity and the Unity Partners retain ownership of all Certification Materials and Certification Logos and Appellations, including all intellectual property rights therein.
4.2. Unity reserves the right to make changes to and/or discontinue or terminate any Unity Certification Program or related Exams and Certification Materials, including changing requirements, changing passing score requirements, or changing or discontinuing Unity Certification Program benefits, at any time without prior notice and at its sole discretion.
4.3. Unity reserves the right, at our discretion, to terminate your access to Certification Materials, without refund or reimbursement, and require you to cease using and permanently destroy all Certification Materials and Certification Logos and Appellations in your possession, including assets or copies thereof, in the event that Unity believes you to be in breach of these Certification Program Terms.
4.4. Your right use of the Certification Materials or the Certification Logos and Appellations in no way provides or implies any guarantee from Unity of the quality of any work you may perform, nor is Unity liable in any way for any deficiencies in said work.
4.5. Unity reserves all rights not expressly granted to you in these Certification Program Terms.
5. Certification Status
5.1. You agree that Unity or a Unity Partner may make your Unity Certification Program status available to the public for so long as such Unity Certification Program remains in effect. Your “Certification status” means (a) your name; (b) what, if any, certifications, evaluations, or the like are held by or concern you; and (c) any conditions or limitations (including time periods) of your Certifications.
5.2. You may revoke your consent given in Section 5.1 by formal written request to Unity. You acknowledge and agree that any such affirmative revocation by you will result in the permanent termination and removal of your Certification status from Unity and Unity Partner systems and that you will be required to immediately cease all use of related Certification Materials and Certification Logos and Appellations.
6. Rescheduling, Costs & Expenses
6.1. All requests for rescheduling and refunds and any other inquires concerning administration of the Exams will be handled directly by the Unity Partner and at the Unity Partner’s discretion. In the event you are prevented from attending an Exam or have other scheduling questions, please contact the Unity Partner providing your Exam for further information.
6.2. You will be responsible for your own costs and expenses in connection with taking any Exam or participating in a Unity Certification Program, and no reimbursements or refunds will be offered or available from Unity or any Unity Partner for any costs or expenses incurred by you, including travel and accommodation.
7. Release and Indemnity
7.1. Except as expressly provided in these Certification Program Terms, you agree to release, indemnify, defend and hold Unity and Unity Partners, and their respective directors, officers, employees, agents, and assigns, and any other organizations related to the Unity Certification Program, harmless from any and all claims, injuries, damages, expenses (including reasonable legal fees), or losses to person or property and/or liabilities of any nature that in any way arise from your participation or attempted participation in a Unity Certification Program, including (a) any condition caused by events beyond Unity or Unity Partners’ control that may cause administration of the Unity Certification Program (including Exams, Certification Materials and Certification Logos and Appellations) to be disrupted; (b) damage to your computer or wireless device, or inability to access any website or other Internet presence or wireless service; (c) any printing or typographical errors in any Certification Materials; and (d) any breach by you of these Certification Program Terms.
7.2. In the case of any Exam taken outside an authorized Pearson center, Unity makes no representations or guarantees on behalf of the organization or facility where the Exam occurs.
7.3 Unity Partners shall be third party beneficiaries to these Certification Program Terms and are entitled to directly enforce and rely upon any provision of these Certification Program Terms that confer a benefit on (or rights in favor of) Unity Partners.
8. Term and Termination.
8.1. These Certification Program Terms will remain in full force and effect, binding between you and Unity until the earlier of (i) your discontinuance of an on-going Exam, provided you give reasonable notice to the Exam proctor; (ii) your completion of an Exam in the case that no passing result is achieved; (iii) your revocation under Section 5.2 of all rights to any Certification Logos and Appellations previously granted by Unity, provided you have ceased use of and destroyed all copies of the Certification Logos and Appellations in our possession; (iv) termination by Unity of the applicable Exam or Certification in which you participated or (v) Unity’s exercise of its remedies or reserved rights under these Certification Program Terms.
8.2. All rights and licenses granted to you under these Certification Program Terms shall immediately cease upon any termination described in Section 8.1. The rights and obligations set out in Sections 4 and 7 will survive any termination of these Certification Program Terms.
9. U.S. Government Rights.
The Certification Materials and related documentation (“Documentation”) are “commercial items” as that term is defined in the Federal Acquisition Regulation (“FAR”) 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If acquired by or on behalf of a civilian agency, the U.S. Government acquires or will acquire the Certification Materials and/or Documentation and other technical data subject to the terms of this Agreement as required in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the FAR and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires or will acquire the Certification Materials and/or Documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFARS”) and its successors. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software or technical data.
10. Export Law.
You agree to comply fully with all export laws and regulations to ensure that neither the Certification Materials nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
11. Defined Terms.
11.1. “Certification Logos and Appellations” means those titles, logos, badges and other designations and materials, as identified by Unity on the Site, intended to be used under these Certification Program Terms to identify individuals who have passed the applicable Exam(s) associated with such title, logo, badge or designation.
11.2. “Certification Materials” means the content made available to you during an Exam and any other physical or electronic materials provided to you in connection with a Unity Certification Program.
11.3. “Certification Program” means any one (1) or more tiered series of certification examinations as developed by Unity or its licensors and administered by the Unity Partners, the passage of which entitles a participate to hold a Unity certification.
11.4. “Exam” means a proctored question and answer session(s), passing of which entitles an individual to hold a Unity certification on the topic(s) covered in such session(s).
11.5. “Unity Partners” means any third-party licensors of the Certification Materials, together with third-party organizations appointed and licensed by Unity to host, administer or provide goods or services connected to the Unity Certification Program, as applicable.