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 Test or Exam only if you agree to these terms and conditions. Your consent will be indicated by clicking on the “Start Quiz” button on the Test or Exam. If you are unwilling or unable to accept these terms, select “Cancel” and you will not be permitted to take the Test or the Exam.
“SAI” means Scaled Agile, Inc.
“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 passing a particular Exam in accordance with the terms of this Agreement. A Certification is earned and held by an individual, not a corporation or other entity.
“Exam” means a SAFe examination that is taken to achieve a SAFe Certification.
“Materials” means the Test, Exam, and all other preparatory and study materials, instructions, responses, answers, worksheets, drawings, graphics, and information related to them.
“SAFe” is the acronym for the Scaled Agile Framework® methodology which is trademarked, copyrighted, and owned exclusively by SAI.
“Test” means the practice materials provided by SAI directly to the Candidate for the purposes of assessment and Exam preparation.
“Trademarks” means, without limitation, Scaled Agile Framework®, SAFe®, Scaled Agile®, design marks, brand names, logos (including SAI logos), domain names and other designations of source, sponsorship, association, or origin, whether registered or unregistered owned 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 achieve specific accomplishments as described on the specific Exam webpages for courses on the SAI website.
- Initiation of the Exam. To initiate an SAI Exam, a Candidate must accept the terms of this Agreement, pay any applicable fee, 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 misrepresentation or violation of these terms may result in the loss of SAI certifications, suspension from the SAFe Professional Certification Program and SAFe Community Platform, and other legal consequences.
COMPLIANCE WITH EXAM REQUIREMENTS
A SAFe® certification is valuable and requires investment of time and money to achieve and maintain. This Agreement protects Your and SAI’s investment as well as the integrity, validity, and security of SAFe Certifications. SAI expends great effort to ensure 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. You shall therefore adhere to the following Requirements 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:
- You must take each Exam independently, without assistance from another person, and without written notes, published materials, testing aids, or any other material.
- You must not falsify your identity or impersonate another individual.
- You must not solicit or allow another person to take an Exam on Your behalf.
- You must not reproduce, use, or disclose any Exam or Test content in any form (digital, print, verbal) to anyone before, during, or after testing.
- You must not seek or use any materials or information containing actual Exam questions or answers other than Test materials provided directly to You by SAI in preparation for the Exam.
- You must not talk to or otherwise communicate with other Candidates or trainers live or virtually during an Exam.
- You must not look at the screens of others who are taking an Exam.
- You must not give, seek, or receive unauthorized assistance during an Exam.
- You must not exploit any external equipment or internet assistance during an Exam, by way of example but not limitation, mobile devices, laptop computers, tablets, removable drives, cameras, recording devices, internet searches, books, notes, paper, or documents while taking an Exam.
- You must not use any SAI materials, regardless of source, during an Exam.
- You must not alter any document provided during the certification process including the certificate or digital badge.
- You must not 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 manner.
- You must not create derivative works from any part of any Exam or Test content or Materials.
- You must not engage in any conduct that is intended to, or results in, assisting or providing unfair advantage to others.
- You must not 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.
- You must not engage in any conduct that compromises the integrity, security, and confidentiality of an Exam or the SAI Professional Certification Program.
EXAM ATTEMPTS AND RETAKE FEES
You may retake an Exam You previously failed by doing the following: You may attempt the Exam a second time (Your first “retake”) immediately after Your first failed Exam attempt. You may attempt the Exam a third time (Your second retake) 10 days after your first retake. You may attempt the Exam a fourth time 30 days after your second retake. All subsequent Exam attempts will also require a 30-day wait.
The cost of Your first Exam attempt is included with Your course registration fees provided You take the Exam within 30 days of course completion. Additional Exam attempts will incur a fee.
You are prohibited from retaking an Exam You have already passed.
PROPRIETARY RIGHTS; CONFIDENTIALITY
All Materials are the copyrighted intellectual property of Scaled Agile, Inc. With the exception of certain Materials that SAI makes publicly available, all Materials are, and will at all times remain, confidential. You agree that You will not, nor permit others to, reproduce, use, transmit, publish, or disclose any Materials in any form for any purpose.
USE OF SAFe® CERTIFICATIONS
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 Certified SAFe professional. You will be granted no other right, title, or license to the Certification. Your use of a Certification 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 available in the SAFe Community Platform. Once You attempt an Exam, You must conduct yourself according to the Scaled Agile, Inc. Code of Conduct.
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 membership is active.
- By You. You may terminate your Certification at any time upon request to SAI.
- By SAI. SAI reserves the right to terminate this Agreement for cause and revoke your Certification at any time upon written notice to You. Cause for termination shall include, without limitation: (i) Your 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.
- Effect of Termination or Expiration. Upon termination or expiration of this Agreement or Your Certification, all rights related to Your Certification, including all rights to use Your Certification will immediately terminate, and You must immediately cease to represent Yourself as a Certified SAFe professional. Except as provided herein, You will have no further rights under this Agreement after its termination or expiration and You will not be entitled to a refund of any fees previously paid.
VERIFICATION OF CANDIDATES
SAI ACTION FOR NONCOMPLIANCE
Your violation of this Agreement may result in the loss of Your SAI Certification(s), a suspension or permanent ban from the Certification Program and SAFe Community Platform, and additional legal ramifications.
DISCLAIMER OF WARRANTY
All Materials are provided “AS IS” and without warranty of any kind, express or implied.
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 claims which are caused, directly or indirectly by any negligent act, omission, illegal or willful misconduct by You; (ii) Your misuse of a Certification; or (iii) Your use or misuse of SAI confidential information.
LIMITATION OF LIABILITY
- No Liability for Third Party Exam Providers. 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.
- Limitation of Liability. Under no circumstances will SAI be liable for any consequential, special, incidental, exemplary, or in direct 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.
SAI may, in its sole discretion, change the SAI Professional Certification Program without notice to You. 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, test objectives, outlines and exams, including how and when exam scores are issued. You agree to meet the continuing SAI Professional Certification Program requirements as a condition of obtaining and maintaining your Certification.
- Waiver. The failure to enforce or the waiver by SAI of a default or breach by You shall not be considered a waiver of any subsequent default or breach.
- Governing Law. This Agreement is governed by the laws of the State of Colorado, excluding its conflicts of laws provisions. The exclusive jurisdiction of any suit 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.
- 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.