Professional Certification Program Candidate Agreement
Scaled Agile, Inc.
Professional Certification Program Candidate Agreement
PLEASE READ THIS PROFESSIONAL CERTIFICATION PROGRAM CANDIDATE AGREEMENT (“AGREEMENT”) CAREFULLY. YOU MAY PROCEED TO TAKE A SAFe® CERTIFICATION EXAM ONLY IF YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS WHICH WILL BE INDICATED BY YOUR CLICKING ON THE “START” BUTTON OF THE EXAM. IF YOU ARE NOT WILLING OR ABLE TO ACCEPT EACH TERM AND CONDITION, SELECT “CANCEL” AND YOU WILL NOT BE PERMITTED TO TAKE THE CERTIFICATION EXAM.
Scaled Agile, Inc. (“SAI”) and You, the Candidate, hereby agree that the following terms and conditions that govern your participation in the SAI Professional Certification Program and the taking of all SAFe® Certification Exams.
“Candidate” or “You” or “Your” means the person attempting to take an Exam.
“Certification” means a specific achievement of status granted to You by SAI upon your passing a particular Exam in accordance with the terms of this Agreement. A Certification is earned and held by an individual, not a corporate or other entity.
“Exam” means a SAFe examination that is taken to achieve a SAFe Certification.
“Materials” means the SAFe Exam and all preparatory and study materials, instructions, responses, answers, worksheets, drawings, graphics, and information related to and accompanying the Exam.
“SAFe” is the acronym for the Scaled Agile Framework® the scaled agile methodology trademarked, copyrighted, and owned exclusively by Scaled Agile, Inc. (“SAI”).
“Test” means Materials provided by SAI directly to the Candidate for the purposes of assessment and Exam preparation.
“Trademarks” means terms marked with the registered mark ® and includes “Scaled Agile Framework®” and “SAFe®”, design marks, brand names, logos (including SAI logos), domain names and other similar designations of source, sponsorship, association, or origin, whether registered or unregistered, provided by SAI.
- QUALIFICATION AND INITIATION OF THE EXAM
- Qualification to Take the Exam. To qualify to take an SAI Exam, a Candidate must attend and complete the related course, and may be required to possess certain skills and complete specific accomplishments as set forth on the specific Exam webpages on the SAI website at www.scaledagile.com.
- Initiation of the Exam. To initiate an SAI Exam, a Candidate must first accept the terms of this Agreement, pay any applicable fee, and represent that all registration information is accurate and that s/he is the person registered to take the Exam and is qualified to do so. Any misrepresentations or violations of these terms may result in the loss of SAI certifications, suspension from the SAFe Professional Certification Program and SAFe Community Platform, and may have other legal ramifications.
- COMPLIANCE WITH EXAM REQUIREMENTS AND PROHIBITIONS
A SAFe® certification is valued and requires investment in time and money to achieve and maintain. This Agreement protects Your and SAI’s investment and the integrity, validity, and security of all SAFe Certifications. SAI also makes great efforts to ensure SAFe Exams are fair and results are reliable. Toward these goals SAI has established rules to minimize any unfair advantage that may be gained by a Candidate’s misconduct related to the examination process, and requires the highest level of ethical and professional conduct. You shall adhere to the following rules and shall not at any time, whether for your benefit or the benefit of others, knowingly or unintentionally engage in any action to subvert, or attempt to subvert, the Exam process, including but not limited to:
Requirements. You must:
- Take each Exam independently, without assistance from another person, and without written notes, published materials, testing aids, or any other material during the Exam, with the exception of an Exam that is expressly listed as “open book” on the SAI Exam web page.
- Conduct yourself in an appropriate and civil manner at all times at public testing locations or events.
Prohibitions. You must not:
- Falsify your identity or impersonate another individual.
- Solicit or allow another person to take an Exam on Your behalf.
- Reproduce, use, or disclosure any Exam or Test content in any form (digital, print, verbal) to anyone before, during, or after testing.
- Seek or obtain or use any materials or information containing actual Exam questions or answers other than SAI practice Test materials provided directly to the Candidate by SAI in preparation for the Exam.
- Talk to or communicate in any other means with other Candidates live or virtually during an Exam.
- Look at the screens of others who are taking an Exam.
- Give, seek, or receive unauthorized assistance during an Exam.
- Possess, refer to, or otherwise use any materials or equipment including, but not limited to, cellular phones, hand- held computers, laptop computers, tablets, electronic devices, removable drives, cameras, any recording devices, watches, wallets, backpacks, briefcases, purses, hats, car keys, bags, vests, coats, books, notes, paper, documents, or any writing materials while taking an Exam.
- Use any SAI materials, regardless of source, during an Exam.
- Make notes of any kind if in a secure area of a test center except on the writing materials provided at the test center for this purpose.
- Alter any document provided during the certification process including the certification certificate.
- Remove or attempt to remove any Exam material, in any format, from the testing area.
- Offer to sell, publish, display, distribute, disclose, or reproduce any part of any Exam or Test content, by any means, including, but not limited to, web postings, formal or informal preparation or discussion groups including communities of practice, chat rooms, reconstruction through memorization, study guides, or by any other method or in any materials.
- Create derivative works form any part of any Exam or Test content or Materials.
- Engage in any conduct that is intended to, or results in, assisting or providing unfair advantage to others is prohibited.
- Engage in fraudulent conduct or misrepresent yourself as having a SAFe Certification when You have not successfully earned that status or if your status has expired.
- Engage in any conduct that compromises the integrity, security, and confidentiality of an Exam or the SAI Professional Certification Program.
You agree to comply with SAI’s Exam retake policy when retaking an Exam You previously failed. Retaking an Exam You have already passed is prohibited. The Retake Policy is posted on the SAI website at www.scaledagile.com.
- CONFIDENTIALITY AND OWNERSHIP
5.1 Intellectual Property. With the exception of the Exam and Test content and Materials that SAI makes publicly available, all Exam and Test content and Materials are, and will at all times remain, the confidential intellectual property of SAI. You agree that You will not, nor permit others to, reproduce, use, transmit, publish, or disclose any confidential information, in any form, including without limitation, verbal, written, electronic or any other means for any purpose. SAI will pursue all available remedies to protect its Exam Content and Materials, its intellectual property, its confidential information, its Trademarks, and all other proprietary information and materials, which may include prosecution to the maximum extent possible under applicable laws and to seek, to the fullest extent of applicable law, civil and criminal penalties.
5.2 Non-Disclosure Relating to Exam Content. All Exams are administered for the sole purpose of testing your knowledge in the area referenced in the title of the applicable Exam. Exam security, including secured exam content, is critical to the integrity and value of a certification. SAI uses industry best practices for the confidential development and delivery of low and high stakes certification testing including the protection of all exam content, and does not disclose Exam questions in any format other than in the testing environment. The content of each SAFe Exam and Test is the proprietary, confidential, and copyright-protected material of SAI and You agree that You will not, nor permit others to, reproduce, use, transmit, publish, or disclose any Exam content, in any form, including without limitation, verbal, written, electronic or any other means for any purpose.
5.3 Non-Disclosure Relating to Test Content. Diagnostic assessments such as practice Tests are provided as a tool to assist in preparing for an Exam and, therefore, questions and answers used in diagnostic assessments are also confidential. You agree that You will not, nor permit others to, reproduce, use, transmit, publish, or disclose any Test content, in any form, including without limitation, verbal, written, electronic or any other means for any purpose.
- USE OF SAFe® TRADEMARKS AND CERTIFICATIONS
SAI has exclusive rights to its Trademarks and Certifications. You may nominally refer to SAFe, but may only use the Trademarks and Certifications as permitted by SAI:
Permitted Use. Upon passing an Exam, SAI will grant You a non-exclusive, non-transferable, non-assignable, non-sublicensable, personal, revocable right to designate yourself with the applicable Certification and to use the same to market, advertise, and promote Your activities as a SAFe-certified professional. You are granted no other right, title, or license to the Certification or SAI Trademarks. Your use of the Certification and Trademarks is subject to the terms of this Agreement and SAI’s usage guidelines and restrictions set forth in the SAFe Certification Kit and Usage Guide to which You will be granted access on the SAFe Community Platform upon achieving Your SAI Professional Certification.
Prohibited Use. You agree You will not, nor permit others to:
- Delete, alter, or obscure any Trademark, copyright, or other proprietary notices appearing in any SAFe materials.
- Add or insert any other trademark or copyright into or on any SAFe materials.
- Use the Trademarks or Certification or other SAFe content or graphics (such as the Big Picture) in any manner that implies that any other products or services are “SAFe” or are endorsed, approved, or provided by SAI without a license granted by SAI in a formal written agreement or by other express written permission from SAI.
- Take any action that is adverse to, challenges, dilutes, or interferes with any of SAI’s rights in or to the Trademarks, Certifications, domain names, and other similar designations of source, sponsorship, association, or origin.
- Register or apply for registrations, anywhere in the world, for any trademark, trade name, service mark, brand name, certification mark, logo, or domain name that is similar to or incorporates the Trademarks or Certifications in whole or in confusingly similar part.
- Use any Trademarks, Certifications, or SAFe abbreviations or acronyms in any domain name, email address, or other social media identifier.
- Take any action or make any statement that is unfair, misleading, disparaging, or deceptive relating to SAI or SAFe materials, Trademarks, Certifications, products, services, methods, customers, or associates.
- Make any representations, warranties, guarantees, indemnities, similar claims or commitments, actually, apparently, or ostensibly on behalf of SAI, regarding the Trademarks, Certifications, or any ideas, techniques, or methodologies of SAI.
Required Conduct. Once You pass an Exam and are certified by SAI, You agree to:
- Conduct yourself according to a high standard of professional conduct and to be guided by the Scaled Agile, Inc. Code of Conduct on the SAI website at www.scaledagile.com.
- Ensure SAI has Your current postal address and email address.
- Inform SAI, without delay, of matters that can affect your capability to continue to fulfill the conditions of the Certification.
- Protect Your Certification against inappropriate or unauthorized use, including protecting against another person, or an organization in which You are not actively involved, to use Your Certification for any unauthorized purpose.
- Comply with all terms of this Agreement including Your obligations relating to non-disclosure, indemnity, and usage of Trademarks and Certification.
- CERTIFICATION TERM
The term during which You may use your applicable Certification shall commence upon receiving notification from SAI that you have passed the Exam, and shall continue for as long as your Certification is valid and in good standing (“Certification Term”). Good standing requirements are set forth on the SAI website at www.scaledagile.com. To maintain Your Certification You must comply with the designated continuing certification requirements prior to the end of your Certification Term or your Certification and all rights related to the use thereof shall terminate. SAI will publicly announce any changes to such requirements and set reasonable deadlines for achieving those requirements in order for You to maintain your Certification status.
8.1 You May Terminate at Any Time. You may terminate this Agreement at any time upon written notice to SAI.
8.2 SAI May Terminate For Cause. SAI reserves the right to terminate this Agreement for cause and revoke your Certification at any time upon written notice to You (sent to your last known mailing and/or email address). Cause for termination shall include, without limitation, (i) any breach of this Agreement, (ii) SAI’s determination, in its sole discretion, that You have cheated on any Exam, have aided in the cheating of an Exam or have disclosed Exam questions or answers to a third party, or (iii) Your misrepresentation of your Certification. If for any reason and at any time and in its sole discretion, SAI determines your Exam result does not accurately reflect Your true knowledge or mastery of the subject matter of the Exam, SAI has the right to revoke a Certification and all rights relating thereto.
8.3 Effect of Termination or Expiration. Upon termination or expiration of this Agreement or a Certification, all rights related to your Certification, including all rights to use your Certification and SAI Trademarks will immediately terminate, and You must immediately cease to represent yourself as SAFe-certified. Except as provided herein, You will have no further rights or obligations under this Agreement after its termination or expiration.
8.4 Employer Notification. SAI’s Partner Program requires that Partners employ a minimum number of SAFe-certified employees. Thus, the revocation or expiration of Your Certification may result in the loss of partner benefits to that Partner. In the event SAI, in its sole and reasonable discretion, has a basis to revoke your Certification as set forth in this Agreement, then SAI has the right to notify its Partner/Your employer and respond to any inquiry by the same about changes in Your Certification status.
- VERIFICATION OF CANDIDATES
SAI reserves the right to use any reasonable methods for the purpose of verifying the identity and certification status of a Candidate, including without limitation, the use of challenge questions, statistical assessment of exam results, identification numbers, photographic verification, and signature verification.
- SAI ACTION FOR NONCOMPLIANCE
Violations of this Agreement may result in the loss of SAI certifications, suspension, or a permanent ban from the Certification Program and SAFe Community Platform, and may have other legal ramifications.
All Materials are provided “as is” and without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability Or fitness For a particular purpose.
12.1 SAI Indemnity Obligations. SAI warrants that it has the right to disclose its proprietary information contained in the Exams, Tests, and Materials and that such disclosure does not violate the rights of any third parties. SAI shall indemnify, defend, and hold Licensee harmless from and against all claims, losses, damages, costs and expenses suffered, incurred, or sustained by Licensee to which the Licensee becomes subject, resulting from, arising out of, or relating to any actual third party claims of violations of intellectual property rights.
12.2 Candidate Indemnity Obligations. You agree to indemnify, defend and hold SAI harmless against any losses, liabilities, damages, claims and expenses (including attorneys’ fees and court costs) arising out of any claims or suits, whatever their nature and however arising, in whole or in part, which may be brought or made against SAI in connection with: (i) any personal injury, property damage or other claims which are caused, directly or indirectly by any negligent act, omission, illegal or willful misconduct by You, (ii) Your use of misuse of a Certification and/or SAI Trademarks; (iii) Your use or misuse of SAI confidential information; and/or (iv) Your breach of any terms of this Agreement.
- LIMITATION OF LIABILITY AND DAMAGES
13.1 Liability. In the event an Exam is administered by a party other than SAI, You acknowledge and agree that SAI shall have no liability to You for any claim in any way related to the Exam, including but not limited to registration, the testing environment, delivery of the Exam, Exam fees, and the accuracy, timeliness, or reporting of Exam results.
13.2 Damages. With the exception of the indemnity obligations set forth herein, under no circumstances will SAI be liable for any consequential, special, incidental, exemplary, or indirect damages arising from or relating to this Agreement even if SAI has been advised of the possibility of such damages. SAI’s liability for direct damages, whether in contract, tort or otherwise, shall be limited to the Exam fees paid by You to SAI under this Agreement.
- PROGRAM CHANGES
SAI may, in its sole discretion, change the SAI Professional Certification Program without notice. Such changes will be posted on the SAI website at www.scaledagile.com and may include, without limitation, adding or deleting available Certification(s) and modifying certification requirements, recommended training courses, testing objectives, outlines and exams, including how and when exam scores are issued. You agree to meet the SAI Professional Certification Program requirements, as changed, as a condition of obtaining and maintaining your Certification.
15.1 Entire Agreement. This Agreement and all exhibits and schedules attached hereto or referenced herein constitute the entire agreement between the parties with respect to the subject matter hereof and shall supersede all prior communications and agreements, either oral or written. All pre-printed terms of any Licensee order or other business-processing document shall have no effect.
15.2 No Partnership or Agency. Each party shall act only as an independent contractor, and not as an employee, agent, subcontractor, or representative of the other for all purposes under this Agreement. Nothing contained herein shall be deemed to constitute a joint venture or partnership for any purpose or create any employment or fiduciary relationship between the parties. Neither SAI nor Licensee will have any authority to create or assume, in the name or on behalf of the other, any obligation, expressed or implied.
15.3 Severability. If any provision in this Agreement is determined to be unenforceable by any court of competent jurisdiction, such provision shall be modified to be enforceable and consistent with the parties’ intent as closely as possible. Further, if the remainder of the Agreement is not materially affected by such determination and is capable of substantial performance, then the remainder will be enforced to the extent permitted by law.
15.4 Waiver. The failure to enforce or the waiver by either party of one default or breach of the other party shall not be considered a waiver of any subsequent default or breach.
15.5 Governing Law. This Agreement is governed by the laws of the State of Colorado, excluding its conflicts of laws provisions. The parties agree that the exclusive jurisdiction of any suits arising out of, relating to, or in any way connected with this Agreement shall be in the state or federal courts, as applicable, located in Denver, Colorado.
15.6 Dispute Resolution. In the event either party has a dispute related to this Agreement, the disputing party shall notify the other party in writing of the nature of the dispute, describing in reasonable detail the facts and other relevant information underlying the dispute. If corrective action is not agreed upon, the dispute shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having competent jurisdiction thereof. Notwithstanding the foregoing, either party may at any time seek interim or permanent relief in any court of competent jurisdiction for disputes relating to non-compliance with confidentiality obligations or any provisions of this Agreement involving intellectual property rights.
15.7 Amendments. Any amendment or change to this Agreement must be in writing and signed by both the Candidate and SAI to be binding.
15.8 Survival. Provisions that survive termination or expiration of this Agreement include those pertaining to limitation of liability, indemnification, nondisclosure, and others that by their nature are intended to survive.
End of Agreement