Unity Certification Program Additional Terms
Last Updated July 17, 2017
These Unity Certification Program Additional Terms (“Certification Terms”), which supplement and incorporate the Unity Terms of Service, govern your participation in the Unity Certification Program as described on the Site (“Program”). These Certification Terms also apply to your use of any materials concerning the Program made available to you by Unity Technologies or Unity Partners, including but not limited to any examinations, courseware, and instructional content (“Materials”), subject to terms of the Unity Terms of Service applicable to purchases of access to Materials.
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.
2.1. Unity reserves the right entirely at our discretion to terminate your access to Materials without refund or reimbursement and require you to cease using and permanently destroy all Materials, including assets or copies thereof whether in their original form or a modified state, in the event that Unity believes you to be in breach of these Certification Terms.
2.2. Materials are 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. You will not delete or in any manner alter any Unity , Unity licensors, or third-party copyright, trademark or other proprietary rights notices or markings appearing on or in any Materials.
2.3. Subject to early termination as otherwise provided for in these Certification Terms, your access right(s) to Materials will terminate upon the earlier of (a) completion of the Materials (where applicable); (b) completion of the term for which access to those Materials was acquired; or (c) termination of the Program; you do not have the right to view, access or use Materials beyond then.
2.4. You will not share, distribute, disclose or copy any Materials in whole or in part by any form or by any means, nor will you modify the Materials in any way without the prior written consent of Unity. You are further restricted from using any Materials whether in their original form or a modified state in the production of any commercial content or for any commercial purposes whatsoever 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 Unity or Unity Partners, 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.
Subject to availability, if you do not pass the Exam you may retake it by accessing a further purchase provided that you are not deemed by Unity to be in breach of these Certification Terms. Access to one Exam entitles you only to sit for that Exam once.
5. Certification Status
6. Exam Rescheduling and Refund Requests; Costs and Expenses
6.1. Exams administered by Unity
6.1.1. In the event that you are prevented from attending an Exam administered by Unity , you may be permitted to reschedule the Exam (subject to availability). No guarantee is given or implied that it will be possible to reschedule the Exam at a particular location or time. All applications to reschedule must be received within one week of the scheduled date on which the Exam is to take place.
6.1.2. In the event that you are prevented from attending an Exam and you are the purchaser of that Exam, you may apply to Unity for a refund of your Exam purchase. All refund applications must be received by Unity, including any documentation that is required of you to support your claim, at email@example.com within a week from the date on which the Exam was scheduled to take place.
6.1.3. The decision of whether to grant a refund will be at the sole discretion of Unity . We suggest that purchaser contact firstname.lastname@example.org to understand what documentation may be required to support a refund claim prior to lodging any claim.
6.1.4. In the event that Unity is prevented from providing an Exam at the scheduled date and time, we will do our utmost to contact you prior thereto to offer you alternative arrangements. Should this not be possible or acceptable and you are the purchaser of the Exam, a full refund will be offered for your Exam purchase.
6.2. Exams administered by Unity Certification Partners
In the event that you are prevented from attending an Exam administered by a Unity Certification Partner, all requests for rescheduling and refunds and any other inquires concerning administration of the Exams will be handled directly by the partner organization and at the relevant partner’s discretion. Please contact the partner providing the Exam directly for further information.
6.3. Costs and expenses
Except only as expressly otherwise provided in these Certification Terms, you will be responsible for your own costs and expenses in connection with taking any Exam or participating in the Program, and no reimbursements or refunds will be offered or available for any costs or expenses incurred by you, including travel and accommodation expenses.
7. No Transfer of Rights or Licenses
Any rights and licenses granted to you under these Certification Terms are non-exclusive and non-transferable.
8. Release and Indemnity
Except only as expressly otherwise provided in these Certification 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 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 the Program, including (a) any condition caused by events beyond Unity or Unity Partners’ control that may cause administration of the Program 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 Materials or Program Certificates; and (d) any breach by you of these Certification Terms.
9. Changes to Program
9.1. 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.
9.2. 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 Sections 2.1 or 3.2 of these Certification Terms; however, your obligations under these Certification Terms shall continue to apply.
You acknowledge and agree that any Unity Partners shall be third party beneficiaries to these Certification Terms and that such any of the Unity Partners shall be entitled to directly enforce, and rely upon, any provision of these Certification Terms that confer a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to these Certification Terms. (whether pursuant to the contract, law or otherwise).
11.1. “Eligibility Criteria” means (a) being an individual of at least 13 years of age, unless you are participating as a student through your School; (b) if you are between the ages of 13 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.
11.2. “School” means any secondary and below school or school district.
11.3. “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.
11.4. “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.
11.5. “Unity Certification Partners” means those third- party organizations appointed and licensed by Unity to administer Exams.
11.6. “Unity Partners” means: (a) subsidiaries, holding companies, and other affiliated entities of Unity (“Unity Group”); (b) licensors/ees of the Unity Group; and (c) Unity Certification Partners.