Unity Certification Program Terms and Conditions
Last Updated: November 20, 2017
1. Participation in the Program
1.1. To participate in the Program, you must meet the Eligibility Criteria.
1.2. To use Unity Certification Logos and Appellations, you must complete a Unity Certification Examination (“Exam”) and obtain a passing score on that Exam, as determined by Unity in its sole discretion. You agree to fully abide by all instructions, guidelines and procedures associated with the Exam and its administration.
1.3. You agree that you will not engage in any misconduct in connection with the Exam, including receiving or providing unauthorized assistance, submitting work that is not your own, and possessing or using unauthorized materials. 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. Examination Materials
2.1. Unity reserves the right entirely at our discretion to terminate your access to Exams and related materials ("Materials") without refund or reimbursement in the event that Unity believes you to be in breach of these Certification Terms.
2.2. Access to Materials is licensed not sold. Unity and/or its licensors retain ownership of all Materials, including all intellectual property rights therein. Materials are protected by copyright law and international treaties. Unity reserves all rights to Materials not expressly granted to you in these Certification Terms.
2.3. Subject to early termination as otherwise provided for in these Certification Terms, your access right(s) to Materials will terminate completion of the Exam; you do not have the right to view, access or use Materials beyond then.
2.4. You will not use for any purpose other than taking the Exam, nor share, distribute, disclose or copy, any Materials (including questions, answers, worksheets, computations, drawings, diagrams, length and number of Exam segments and/or questions, and any communications from proctors related to the Exam) in whole or in part in any form or by any means in any way without the prior written consent of Unity.
3. Use of Unity Certification Logos and Appellations
3.1. Subject to these Certification Terms, upon your passing of an Exam, we grant you the right to use Unity Certification Logos and Appellations, as appropriate to the type and level of certification you have achieved, to identify yourself as a person who has attained such certification for a period of two years from your passing of that Exam, but for no other purposes without the prior written consent of Unity. In this connection, you will abide by any manner of use instructions or guidelines concerning the Unity Certification Logos and Appellations that Unity may provide to you separately, whether by means of a posting on the Site or in a written communication (including email) to any address provided by you. Further, unless otherwise instructed or agreed in writing by Unity, you will not use the Unity Certification Logos and Appellations in a manner that is inconsistent with the “Unity Brand Usage Guidelines” at the Site or its successor guidelines.
3.2. Unity reserves the right entirely at our discretion to exclude you from the Program and require you to cease using Unity Certification Logos and Appellations, without refund or reimbursement, in the event that Unity believes you to be in breach of these Certification Terms.
3.3. You understand and agree that passing any Exam signifies only that you have passed that Exam and that you may use the Unity Certification Logos and Appellations as permitted by these Certification Terms. Neither your use, nor your right to use, Unity Certification Logos and Appellations provides or implies any guarantee whatsoever from Unity of the quality of any work you may perform. Nor is Unity liable in any way for any deficiencies in said work.
3.4. You understand and agree that (a) you are not an agent of the Unity Group, 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 the Unity Group.
4.3. You agree that in addition to providing you with the Program Certifications, we may make your Program Certifications available to the public (including via the Site) for so long as the Program remains in effect, subject to options made available to you via the Site.
5. Disclaimer of Warranty
THE Materials and the Program are provided ON AN “as is” AND "AS AVAILABLE" BASIS, without warranty of any kind. THE Unity GROUP disclaim all warranties and conditions, express or implied, including but not limited to any implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties and conditions arising out of course of dealing or usage of trade. No advice or information, whether oral or written, obtained from Unity or elsewhere will create any warranty or condition not expressly stated in these Certification Terms.
6. Limitation of Liability
6.1. You understand and agree that the delivery and administration of Exams, and certain display or provision of Program Certifications, is performed by Unity Certification Partners. The Unity Group will have no liability to you in connection with acquisition of Materials, fees or payments in respect of the Materials or of the delivery or administration of any Exam or of display or provision of Program Certifications via Unity Certification Partners, any registrations with any Unity Certification Partners, the delivery or administration of any Exam, or any display or provision of Program Certifications via Unity Certification Partners.
6.2. THE Unity GROUP’S total liability to you from all causes of action and under all theories of liability will be limited to the greater of the amounts paid by you TO UNITY for PARTICIPATION IN THE PROGRAM or one hundred U.S. dollars (US$100). In no event will ANY MEMBER OF THE UNITY GROUP be liable to you for any special, incidental, exemplary, punitive or consequential damages (including loss of data, business, profits or ability to execute) or for the cost of procuring substitute products arising out of or in connection with the PROGRAM OR THE MATERIALS, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not unity or unity partners have been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if any limited remedy specified herein is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. Changes to Program
7.1. You understand and agree that Unity reserves the right to make changes to and/or discontinue or terminate the Program or Materials, including changing certification requirements, changing passing score requirements, or changing or discontinuing Program benefits, at any time without prior notice and at its sole discretion. You may discontinue participation in the Program at any time by ceasing to use any Materials or Unity Certification Logos and Appellations.
7.2. Any rights and licenses granted to you under these Certification Terms shall terminate upon any discontinuation or termination of the Program or any exercise by Unity of any remedies under these Certification Terms; however, your obligations under these Certification Terms shall continue to apply.
8. Choice of Law; Class Action Waiver; Dispute Resolution
8.1. These Certification Terms will be governed by and construed in accordance with the laws of Denmark, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
8.2. Except as set forth below in Section 8.5, any dispute arising out of or in connection with these Certification Terms, including any disputes regarding the existence, validity or termination hereof, shall be settled by arbitration.
8.3. You and Unity agree to arbitrate all disputes by simplified arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced.
8.4. You and Unity further agree that any arbitration shall be conducted in each’s individual capacity only and not as a class action or other representative action, and each expressly waives the right to file a class action or seek relief on a class basis. You and Unity agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
8.5. Notwithstanding your and Unity’s agreement to resolve all disputes through arbitration, either may bring an action in court (a) to enforce its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), including to seek injunctive relief; or (b) in cases that do not involve intellectual property rights, to seek temporary, preliminary or other expedited or provisional injunctive relief (but not money damages). If you reside (or your principal place of business is) within the United States and you and Unity have an intellectual property rights dispute, you and Unity agree to submit to the personal and exclusive jurisdiction of and venue in the state and federal courts located in San Francisco County, California. If you reside (or your principal place of business is) outside of the United States and you and Unity have an intellectual property rights dispute, you and Unity agree to submit to the personal and exclusive jurisdiction of and venue in the courts located in Copenhagen, Denmark. You and Unity agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
9.1. These Certification Terms constitute the whole legal agreement between you and Unity and govern your participation in the Program, and completely replace any prior agreements between you and Unity in relation to the Program.
9.2. If Unity does not exercise or enforce any legal right or remedy which is contained in these Certification Terms, this will not be taken to be a formal waiver of Unity’s rights and those rights or remedies will still be available to Unity.
9.3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Certification Terms is invalid, then that provision will be removed from these Certification Terms without affecting the rest of the Certification Terms. The remaining provisions of these Certification Terms will continue to be valid and enforceable.
9.4. These Certification Terms may not be assigned by you without the prior written approval of Unity Technologies.
“Eligibility Criteria ” means (a) being an individual of at least 16[DM7] [Office8] years of age[DM9] ; (b) if you are between the ages of 16 and the age of legal majority where you access this site, you represent that your parent or legal guardian has reviewed and agreed to these Certification Terms; (c) not being a citizen or resident of a country subject to any United States embargo; (d) not otherwise prevented from participating under applicable law; and (e) such other criteria as Unity may determine in its sole discretion from time to time.
"Program Certifications" means (a) your name; (b) what, if any, Program certifications, results, evaluations, or the like are held by or concern you; and (c) any conditions or limitations (including time periods) to any such certifications, results, evaluations, or the like.[DM10] [Office11]
"Site" means means unity3d.com and its sub domains, and any successor site subsequently designated by us.
“Unity”, “ our ”, or “ we ” means Unity Technologies ApS (company no. 30 71 99 13), Lovstraede 5, DK-1152 Copenhagen K, Denmark.
“Unity Certification Examination ” means any of the tiered series of certification exams administered by Unity or Unity Certification Partners, passing of which permits use of Unity Certification Logos and Appellations in accordance with these Certification Terms.
“Unity Certification Logos and Appellations ” means those titles or logos concerning the Program or Unity as separately identified by Unity to participants in the Program who have passed any Exam(s) as titles and/or logos that those participants may use to make known such qualification in accordance with these Certification Terms.
“Unity Certification Partners” means those third- party organizations appointed and licensed by Unity to delivery and administer Exams and to facilitate and administer the display and or provision of Program Certifications.
“Unity Group” means Unity and its affiliates.