Terms and Conditions聽

BY CLICKING 鈥淚 AGREE,鈥 YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE THAT THE FOLLOWING TERMS AND CONDITIONS GOVERN THE EXAMINATION, CERTIFICATION AND ANY SERVICES UNDER THIS APPLE CERTIFICATION AGREEMENT (鈥淎GREEMENT鈥). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK 鈥淚 AGREE鈥 AND DO NOT TAKE OR ACCESS THE EXAMINATION MATERIALS. THIS AGREEMENT WILL BE EFFECTIVE WHEN YOU CLICK ON 鈥淚 AGREE.鈥

This Agreement is entered into between You and 平博app下载, as described below. By entering into this Agreement, You acknowledge that You have read and agree to the terms of the 平博app下载 Identity Guidelines (the 鈥溒讲゛pp下载 Identity Guidelines鈥), available at , and the terms and conditions of the 平博app下载 Certification Policies (the 鈥淧olicies鈥), available at /legal/sales-support/certificationpolicies.html, all of which are incorporated into and made a part of this Agreement by reference.

  1. Definitions. The following terms shall have the meanings specified below: 
    • 1.1. 鈥淎greement" means, collectively, this 平博app下载 Certification Agreement, and all exhibits, documents, and any variation or amendments thereto, all of which are incorporated into and made part of the Agreement.
    • 1.2  鈥澠讲゛pp下载 Certification Examination" ("平博app下载 Certification Exam鈥 or "Exam")  means any examination established by 平博app下载 which an  individual must pass in order to attain or maintain Certification.
    • 1.3. "平博app下载 Certified Individual鈥 means an individual who has passed the required Exam(s) and met all Certification requirements for the Program, maintains the Certification by meeting any additional requirements and recertifications required by the Program, and may use the applicable 平博app下载 Certification Signature or 平博app下载 Digital Badge in accordance with this Agreement.
    • 1.4 鈥溒讲゛pp下载 Certification Signature鈥 means any of the Certification signatures established by 平博app下载 under the Program that an 平博app下载 Certified Individual may be authorized to use upon successful completion of the applicable 平博app下载 Certification Examination(s) and compliance with all Program requirements.
    • 1.5. 鈥溒讲゛pp下载 Digital Badge鈥 means an online representation established by 平博app下载 under the Program that You may be authorized to use upon successful completion of applicable 平博app下载 Certification Examination(s) and compliance with all Program requirements.
    • 1.6. 鈥溒讲゛pp下载 Confidential Information鈥 means any information in oral or written form that You know or have reason to know is confidential information and that is disclosed in connection with this Agreement or to which You may have access in connection with this Agreement, including but not limited to, any information that is disclosed in connection with the Program or an 平博app下载 Certification Exam (including the language and content of Exam questions and answers). 平博app下载 Confidential Information shall not include information that: (i) was rightfully in Your possession prior to disclosure without any obligation to maintain its confidentiality; (ii) was independently developed by You without the use of or reference to 平博app下载 Confidential Information; or (iii) is now, or hereafter becomes, publicly available other than through disclosure by You in breach of this Agreement.
    • 1.7.  "Certification" means passing the requisite 平博app下载 Certification Exam(s), and meeting and maintaining compliance with all other Program requirements for entitlement to use the applicable 平博app下载 Certification Signature or 平博app下载 Digital Badge.
    • 1.8. 鈥淧arty鈥 means either 平博app下载 or You, and 鈥淧arties鈥 means both of them. 
    • 1.9. "Program" means the 平博app下载 Certification Program which enables You, as an individual, to become an 平博app下载 Certified Individual upon completion of all Certification and Program requirements.

  2. Certification. 
    • 2.1. Certifications. Upon passing an 平博app下载 Certification Exam and completion of the Program requirements, as determined by 平博app下载 in its discretion, You are eligible for Certification by 平博app下载. Program requirements are outlined in the Policies, and include any additional requirements as may be communicated by 平博app下载.
    • 2.2. Continuing Certification Requirements. You must meet all continuing Certification requirements, as may be communicated by 平博app下载, in order to maintain Your status as an 平博app下载 Certified Individual.

  3. Your Obligations.   
    • 3.1 You will act and perform all activities under the Program, including any and all services You may provide and business You may conduct as an 平博app下载 Certified Individual, in a manner that maintains the good name, goodwill and reputation of 平博app下载, its employees, directors, affiliates and its products, the Program and the 平博app下载 brand. Without limitation, You: (i) will not engage in any illegal, false or deceptive acts or practices; (ii) will not make any representations, warranties, or guarantees to customers on behalf of 平博app下载; (iii) will comply with all applicable laws and regulations (including, but not limited to laws regulating Your professional status and licensing requirements and export regulations) and all other applicable governmental laws, statutes and regulations; (v) will comply with all intellectual property and proprietary rights protections for 平博app下载 software, development tools, and other products; and (vi) will not disassemble, decompile, reverse engineer, or otherwise reduce or seek to derive the object code for 平博app下载 software and/or tools to a human readable (source code) form.

  4. Authorization to use 平博app下载 Certification Signatures and 平博app下载 Digital Badges.
    • 4.1 Upon meeting the requirements for  Certification, and continuing so long as You meet and comply with all applicable continuing Certification requirements, 平博app下载 authorizes You to use the  applicable 平博app下载 Certification Signature or 平博app下载 Digital Badge for which You have been certified. Your use of any 平博app下载 Certification Signature or 平博app下载 Digital Badge must comply with the 平博app下载 Identity Guidelines. All rights not expressly granted herein are reserved by 平博app下载. 
    • 4.2 You acknowledge 平博app下载 has sole ownership of the 平博app下载 Certification Signatures and 平博app下载 Digital Badges, and that nothing in this Agreement, in Your performance as an 平博app下载 Certified Individual, or otherwise gives You any right, title, or ownership interest in the 平博app下载 Certification Signatures or  平博app下载 Digital Badges.
    • 4.3 You may not use or reproduce the 平博app下载 Certification Signatures or 平博app下载 Digital Badges in any manner other than as explicitly authorized herein, or in the  Identity Guidelines. You shall not use the 平博app下载 Certification Signatures or 平博app下载 Digital Badges in a manner that may interfere with or diminish the rights of 平博app下载 in the 平博app下载 Certification Signatures or 平博app下载 Digital Badges, whether during the term of this Agreement or after its termination or expiration. Nothing in this Agreement shall authorize You to use any 平博app下载 trademarks, service marks, or logos except as expressly specified in this Agreement.

  5. Disclaimer of Warranty. TO THE EXTENT PERMITTED BY APPLICABLE LAW, APPLE SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES RELATING TO THE PROGRAM INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  6. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, APPLE鈥橲 LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY YOU FOR THE CERTIFICATION EXAM. IN NO EVENT SHALL APPLE OR ANY AFFILIATE OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY LEGAL THEORY INCLUDING, BUT NOT LIMITED TO, LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, CORRUPTION OF, OR COMPROMISE OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE CAUSED, ARISING FROM OR RELATED TO YOUR CERTIFICATION, FAILURE TO ACHIEVE CERTIFICATION, OR USE OF OR INABILITY TO USE THE APPLE CERTIFICATION SIGNATURES OR APPLE DIGITAL BADGES,, OR ARISING FROM OR RELATED TO THE TERMINATION OR REVOCATION OF YOUR CERTIFICATION, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN YOUR COUNTRY OF PURCHASE, OR IF DIFFERENT, YOUR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.

  7. Indemnification. 
    • 7.1 You agree that 平博app下载 shall have no liability to You or any of Your employees, agents, clients or customers and that You shall defend, indemnify, and hold 平博app下载, its affiliates, subsidiary corporations and their respective officers, directors, employees, agents, successors and assigns harmless from and against any and all actions, demands, claims, and/or liabilities (including, but not limited to, personal injury or product liability claims) arising out of: (i) Your use of the 平博app下载 Certification Signatures and 平博app下载 Digital Badges in a manner which is in any way inconsistent with the terms of this Agreement; or, (ii) the performance, promotion, sale, or distribution of Your services as an 平博app下载 Certified Individual; or (iii) the termination of this Agreement by 平博app下载 or termination of Your status as an 平博app下载 Certified Individual, pursuant to the terms herein. 
    • 7.2 Some jurisdictions do not allow limitations of liability in certain circumstances (for instance, in the event of death, personal injuries, gross negligence or willful misconduct), so the foregoing indemnity may not apply to You. 
    • 7.3 In the event 平博app下载 seeks indemnification from You under this Section, 平博app下载 will promptly notify You in writing of the claim(s) brought against 平博app下载 for which it seeks indemnification. 平博app下载 reserves the right, at its option and sole discretion, to assume full control of the defense of such claim with legal counsel of its choice. In the event 平博app下载 assumes control of the defense of such claim, 平博app下载 shall not settle any such claim requiring payment from You without Your prior written approval. Upon 平博app下载鈥檚 request, You shall reimburse 平博app下载 for any expenses reasonably incurred by 平博app下载 in defending such a claim, including, without limitation, attorney's fees and costs, as well as any judgment on or settlement of the claim in respect to which the foregoing relates.
    • 7.4 You may not enter into any third party agreement which would, in any manner whatsoever, affect the rights of, or bind 平博app下载 in any manner, without the prior written consent of 平博app下载. 

  8. Confidentiality. 
    • 8.1 Anyone accessing an 平博app下载 Certification Exam or 平博app下载 Confidential Information must maintain the confidentiality of this information. An individual who violates the terms of this provision will be permanently ineligible from becoming an 平博app下载 Certified Individual, and will be decertified from the 平博app下载 Certification Program and any 平博app下载 Certification Signatures or 平博app下载 Digital Badges associated with it. 
    • 8.2 You agree to protect 平博app下载鈥檚 Confidential Information, using no less than a reasonable degree of care. You agree to use 平博app下载鈥檚 Confidential Information only in a manner consistent with the purpose of this Agreement. You will not disclose, publish, or disseminate Confidential Information. 
    • 8.3 If You are or may be required to disclose Confidential Information by law, You will make all reasonable efforts to give 平博app下载 notice of such requirement prior to any such disclosure and take reasonable steps to obtain protective treatment of the Confidential Information.
    • 8.4 Except as expressly set forth herein, no license or other rights to Confidential Information are granted or implied hereby, and 平博app下载 retains all of its rights therein. Notwithstanding any other provision in this Agreement, if You provide any ideas, suggestions or recommendations (鈥淔eedback鈥) to 平博app下载 regarding or in any way related to the 平博app下载 Certification Program, 平博app下载 Certification Exam, or 平博app下载鈥檚 Confidential Information, 平博app下载 is free to use and incorporate such Feedback in 平博app下载鈥檚 sole discretion, without payment of royalties or other consideration to You. Nothing in this Agreement shall be interpreted  to grant a license or waive any rights in either party鈥檚 patents, copyrights or trademarks.

  9. Term and Termination. 
    • 9.1 This Agreement may be terminated by either Party at any time without cause (i.e. for any or no reason), on thirty (30) days鈥 written notice to the other party. 
    • 9.2 平博app下载 may immediately terminate this Agreement, including termination and revocation of any Certifications and all rights to use 平博app下载 Signatures or 平博app下载 Digital Badges  if: (i) You fail to fully perform or comply with any obligation under this Agreement; (ii) You  use an 平博app下载 Certification Exam, 平博app下载 Certification Signature, or 平博app下载 Digital Badge, or disclose 平博app下载 Confidential Information for a purpose other than the stated purpose of this Agreement; or (iii) You infringe an intellectual property right of 平博app下载, or engage in an activity prohibited by law. 
    • 9.3 Immediately upon notice of termination of this Agreement by 平博app下载, You shall immediately cease all use of all 平博app下载 Certification Signatures or 平博app下载 Digital Badges corresponding to the Certification to which this Agreement relates. 
    • 9.4 Termination of this Agreement shall not prejudice or in any way compromise 平博app下载鈥檚 rights under this Agreement or in law, equity or otherwise Relationship of the Parties.

  10. Relationship of Parties.
    • 10.1 You acknowledge and agree that nothing in this Agreement or any other fact or circumstance shall create an employment relationship between You and 平博app下载, nor shall it create any partnership, joint venture, principal-agent or franchisor-franchisee relationship. You shall confirm the status of your relationship with 平博app下载 and Your lack of authority to act on 平博app下载鈥檚 behalf whenever necessary to avoid third party confusion.
    • 10.2 You shall not advertise, promote, or suggest in any manner that Your services are provided by, sponsored by, or associated in any way with 平博app下载, or that You are employed by, affiliated with, or sponsored by 平博app下载, except to display Your 平博app下载 Certification Signature(s) or 平博app下载 Digital Badge(s).

  11. 平博app下载; Governing Law. 鈥溒讲゛pp下载鈥 is identified in the table below according to Your country of residence.  IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE COUNTRY IN WHICH THE EXAMINATION IS TAKEN OR, IF DIFFERENT, THE COUNTRY OF RESIDENCE, AND THE COURTS OF THE RESPECTIVE COUNTRIES WILL HAVE JURISDICTION OVER THE MATTER. 

  12. Data Sharing and Protection.
    • 12.1 You agree and understand that it is necessary for 平博app下载 to collect, use and otherwise process Your data to process Your 平博app下载 Certification Examination, issue and maintain 平博app下载 Certification Signatures or 平博app下载 Digital Badges, otherwise support the services provided under this Agreement and confirm ongoing compliance with 平博app下载鈥檚 policies and applicable laws. 平博app下载 will retain Your data only so long as is necessary to fulfill these purposes. 
    • 12.2 In furtherance of the purposes of this Agreement 平博app下载 may, from time to time, share Your data with third parties including, but not necessarily limited to, third parties contracted with 平博app下载 to administer the 平博app下载 Certification Exam(s) and create and maintain 平博app下载 Certification Signatures or 平博app下载 Digital Badges signifying successful completion of the Exam(s). These third parties may contact You. The third parties are obligated to use Your data only to provide the services as directed by 平博app下载.
    • 12.3 At all times, Your data will be handled in accordance with the 平博app下载 Privacy Policy ().

  13. General. 
    • 13.1 You may not assign Your rights or obligations under this Agreement. Any unauthorized assignment is void. 
    • 13.2 平博app下载 is not liable for any performance or delays. 
    • 13.3 A waiver by 平博app下载 of any breach or default under these Terms and Conditions shall not constitute a waiver by 平博app下载 of any subsequent breach or default. 
    • 13.4 If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions will remain in full force and effect, and this Agreement will be adjusted if possible so as to give maximum effect to the original intent of the Parties consistent with the purpose of this Agreement. 
    • 13.5 This Agreement constitutes the entire agreement between 平博app下载 and You with regard to the 平博app下载 Certification Program, and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter. No modification of  this Agreement shall be binding upon 平博app下载 unless made in writing, and signed by an authorized representative of 平博app下载. 
    • 13.6 平博app下载 reserves the right to change this Agreement at any time. Notices of changes to the Agreement will be given by 平博app下载 posting the changes on the 平博app下载 Certification Records System (鈥淎CRS鈥) or the Training and Certification Agreement and Policies page, available at /legal/sales-support/certification/, and notice will be deemed to have been given when posted. You will have a commercially reasonable time to implement or adapt to such changes by 平博app下载, not to exceed thirty (30) days.

 

COUNTRY VARIATIONS

鈥溒讲゛pp下载鈥 shall mean entity listed in the table below, based upon Your country of purchase or residence.

Country/Region of Purchase or Residence

平博app下载

Address

Americas

Brazil

平博app下载 Computer Brasil Ltda.

Rua: Leopoldo Couto Magalh茫es J煤nior, n潞 700, 7潞 andar, S茫o Paulo, SP, Brasil 04542-000  

SAC: 0800-761-0880

 

Canada

平博app下载 Canada Inc.

120 Bremner Blvd., suite 1600, Toronto ON M5J 0A8 

Chile

平博app下载 Chile Comercial Limitada 

Cerro El Plomo 5630 , Torre 8 Piso 20, Oficina 2001/2002, Santiago, Las Condes, Chile

Colombia

平博app下载 Colombia S.A.S.

Calle 93, Edificio Lamy , 8th Floor, Bogot谩, Colombia

Mexico

平博app下载 Operations Mexico,
S.A. de C.V.

Av. Paseo de la Reforma 483, piso 41, Col. Cuauht茅moc, Ciudad de M茅xico, Cuauht茅moc, 06500, Mexico 

United States and Other Americas Countries

平博app下载

One 平博app下载 Park Way, Cupertino, CA 95014, U.S.A. 

Europe, Middle East and Africa

Saudi Arabia

平博app下载 Saudi Arabia LLC

Level 30, Faisaliah Tower, King Fahed Highway, Olayah District, P.O Box 54995, Riyadh, 11524, Saudi Arabia

罢眉谤办颈测别

平博app下载 Teknoloji ve Sat谋艧 Limited 艦irketi 

B眉y眉kdere Caddesi, No:199, Levent 199, Kat: 22 ve 23, 34394 艦i艧li, Mecidiyek枚y, 陌stanbul 

UAE

平博app下载 M E FZCO Dubai Branch 

Emaar Square, Building 4, Unit 302, PO Box 116977 

All other Countries

平博app下载 Distribution International Limited

Hollyhill Industrial Estate Hollyhill,
Cork,
Ireland

Asia Pacific

Australia; Fiji, Papua New Guinea; Vanuatu 

平博app下载 Pty Limited

Levels 2-8, 20 Martin Place, Sydney NSW 2000, Australia 

Tel: 133 622

Hong Kong

平博app下载 Asia Limited

Suites 2401-2412 , Tower One, Times Square, Causeway Bay; Hong Kong 

India

平博app下载 India Private Limited

19th Floor, Concorde Tower C,
UB City No 24,
Vittal Mallya Road,
Bengaluru, Karnataka, 560-001, India

Indonesia 

PT 平博app下载 Indonesia

Gd. World Trade Center 2, Lt. 19, Jl. Jend. Sudirman Kav. 29-31, Kel. Karet, Kec. Setiabudi, Jakarta, Selatan, 12920, Indonesia

Japan

平博app下载 Japan, Inc.

6-10-1 Roppongi, Minato-ku Tokyo 106-6140, Japan 

Korea

平博app下载 Korea Limited

3901 (ASEM Tower, Samsung-dong) 517 Yeongdong-daero, Gangnam-Gu; Seoul 06164, Republic of Korea 

Macau (or Macao)

平博app下载 Macau Limitada

Avenida da Praia Grande , No. 759, 5th Floor, Macau, China

Malaysia

平博app下载 Malaysia Sdn. Bhd. 

Level 11 MENARA CIMB, Jalan Stesen Sentral 2 Kuala Lumpur Sentral 50470, Kuala Lumpur, Malaysia 

New Zealand

平博app下载 Sales New Zealand 

58 Gaunt Street, Level 6, Auckland, 1010 , New Zealand

Afghanistan; Bangladesh; Bhutan; Brunei;
Cambodia; Guam; Singapore; Nepal; Philippines

平博app下载 South Asia Pte. Ltd.

7 Ang Mo Kio Street 64
Singapore 569086

People鈥檚 Republic of China

平博app下载 Computer Trading (Shanghai) Co. Ltd.

Building 6, Block C, 88 Maji Road (District C), China (Shanghai) Pilot Free Trade Zone 

Taiwan

平博app下载 Asia LLC

32F, No. 100, Songren Rd., Xinyi Dist., Taipei City, 11073, Taiwan 

Thailand

平博app下载 South Asia (Thailand) Limited 

44th Floor, Room No. HH4401-6, The Offices at Central World, 999/9 Rama 1 Road , Pathumwan, Pathumwan , Bangkok 10330 Thailand 

Vietnam

平博app下载 Vietnam Limited Liability Company

Unit 901, Deutsches Haus Ho Chi Minh City, No. 33, Le Duan Blv.,Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam

Other Asia Pacific Countries

平博app下载.

One 平博app下载 Park Way, Cupertino, CA 95014, U.S.A.