You will be presented, and must agree to, the Certification Candidate Agreement for every exam in Webassessor. For your reference, a copy of the Infor Certification Program is included here:
Certification Candidate Agreement
Please read these terms and conditions carefully. Your exam process to begin your candidacy of receiving an Infor Certification Designation cannot be completed until you provide your consent to the terms and conditions of this Agreement by clicking “I Agree” below. Otherwise, click “I disagree” below to cancel your exam attempt if you do not wish to be bound by the terms and conditions of this Agreement. This Agreement shall only be binding upon you in relation to the specific Certification Designation you choose when you consent to the terms and conditions of this Agreement. You will be required to enter into a new Certification Candidate Agreement with Infor for each Certification Designation you apply to attain. If you determine that you do not agree with the terms and conditions of this Agreement, you will not be able to re-schedule the dates of any Certification Exams you request to attend and no refunds or any other form of compensation (including, without limitation, any form of credit) will be available to you for any Certification Exams that you request to re-schedule or cancel.
The terms and conditions of this Agreement form a binding legal agreement between you and Infor (US), LLC on behalf of itself and its affiliated companies (“Infor”).
Purpose
Infor understands that its various infrastructure and software (collectively “Infor Products”) require a certain level of expertise to help ensure that a professional is proficient in helping others when they are installing, deploying, using, selling or training others to use these Infor Products. By complying with this Agreement and successfully completing a Certification Exam together with any other Certification Requirements, Infor grants you a personal, nonexclusive, non-transferable and revocable right to describe yourself as Infor Certified in addition to any other rights expressly granted to you by this Agreement. Any rights not expressly granted in this Agreement are expressly reserved. The Certification Requirements for each Certification Designation will be determined by Infor and, depending on which Certification Designation you have chosen and qualified for, you will be able to use a designated title that is related to your Certification Designation as specified herein.
Definitions
“Agreement” shall mean this Certification Candidate Agreement and all other documents incorporated by reference into this Agreement. Unless the context requires otherwise, the defined terms when used, and where the context so admits, the singular shall include the plural and vice versa.“
"Certification Designation” shall mean the specific Certification Program certification designation for the applicable product line, service or technology as specified on the Certification Program granted to you upon successful completion of and compliance with the Certification Requirements Website.
“Certification Exam” shall mean the applicable certification test for the particular Certification Designation, for which you have registered.
“Certification Materials” shall mean any materials supplied by Infor in relation to a Certification Designation.
“Certification Program” shall mean the specific rules and procedures as mandated and updated by Infor from time to time for acquiring, maintaining any Certification Designations. All such rules and procedures are on the Certification Program Website and are subject to change by Infor in its sole discretion and without notice.
“Certification Program Website” shall mean the web site located on the world wide web at www.infor.com/services/certification or any other web site designated by Infor from time to time.
“Certification Requirements” shall mean those requirements specified or referenced in this Agreement that you must meet in order to acquire, use and maintain the Certification Designation and use of the Logos in accordance with the terms of this Agreement.
“Infor Certified” shall mean both (i) an individual who has successfully completed the Certification Requirements for at least one Certification Designation, has received and continues to abide by all applicable Guidelines and Post Certification Materials, and continues to maintain such Certification Designations in good standing in accordance with the Certification Requirements; and (ii) the designation by which an individual who has complied with (i) may refer to herself/himself in accordance with the Post Certification Materials.
“Course Materials” shall mean any materials supplied by Infor and made available to participants either directly by Infor or by authorized third-party suppliers and which are provided to you for and during your participation in a training event related to the Certification Program.
“Guidelines” shall mean the guidelines provided by Infor regarding the use of the Logos.
“Logos” shall mean the specific Certification Program’s Trademarks designated for the Certification Program generally and for any of the Infor Certified Certification Designations. The use of Logos shall be subject to the requirements as detailed in the Guidelines.
“Personal Data” shall mean any information supplied by you to Infor or to one of its designated third-party providers, at either Infor's or the designated provider’s request or which you freely provide, that is information capable of identifying you or which is considered to be private information as defined by any applicable privacy legislation that binds Infor or its designated provider.
“Post Certification Materials” shall mean those materials that you receive and/or have made available to you upon your successful completion of the Certification Requirements in relation to each Certification Designation you receive, and which shall also include the Guidelines. Infor shall determine, at its sole discretion, in which manner you are able to receive the Post Certification Materials.
“Infor Trademarks” shall mean all Trademarks, excluding Logos.
“Third-Party Provider Website” shall mean any web site that is expressly referenced on the Certification Program Website but only to the extent that such websites are specifically referenced as being directly related to the Certification Program.
“Trademarks” shall mean all registered or unregistered trademarks, trade names, service marks or logos of Infor or its affiliates.
Term and Termination
This Agreement shall come into force upon your consent to the terms and conditions of this Agreement by clicking “I Agree” as specified above. Certification shall be only for the Certification Designation(s) for which you have met and continue to meet the Certification Requirements and for which you have passed the Certification Exam as more fully described in this Agreement. Such Certification Designation(s), once granted, shall remain in effect and in good standing until the earlier of being revoked by Infor, the requirements for the certification itself having expired or upon termination of this Agreement. Either you or Infor may terminate this Agreement, with or without cause, on one month’s written notice. However, if you repudiate this Agreement, materially breach any of its terms or make any misrepresentation to Infor or engage in any other inappropriate behavior as determined by Infor, Infor may terminate this Agreement at any time without notice to you. Further. this Agreement shall automatically terminate on the day that you have failed to meet the Certification Requirements for maintaining any of your Certification Designations. In addition to any other limitation of liability defined in this Agreement, Infor is not liable for any claims or losses where Infor has elected to pursue its rights under this section.
Upon termination of this Agreement, you shall no longer have any of the rights or privileges granted to you by this Agreement, including without limitation, the right to identify yourself as Infor Certified and to use any Logo or any credential acquired, nor to represent yourself in any fashion associated with being credentialed.
Additionally, upon termination of this Agreement, you agree to immediately cease using and promptly return to Infor all Certification Materials and Post Certification Materials and any other Infor Confidential Information, along with any copies or modifications thereto that are provided to you by Infor or its designated third-party providers or that are otherwise obtained hereunder, or provide Infor with written confirmation that all such materials and Infor Confidential Information, including all copies and modifications thereof, have been destroyed and/or permanently deleted.
This Agreement shall be considered to void ab initio if you do not meet the eligibility requirements as described below in the Eligibility section of this Agreement.
Certification
In order to obtain a Certification Designation, you must successfully complete the initial Certification Exam together with any other Certification Requirements for that Certification Designation (this may include successfully completing more than the initial Certification Exam). Any other certification requirements, including other certification requirements, based on your agreements with Infor, if applicable, that are required for you to complete your Certification requirements shall be detailed on the Certification Program Website or in any relevant Certification Materials or as otherwise specified by Infor.
Maintaining Certification
In order to maintain your Certification Designation, you must successfully complete any ongoing Certification Requirements as mandated by Infor. These Certification Requirements are as detailed on the Certification Program Website or as otherwise specified by Infor. You are solely responsible for keeping yourself informed of the continuing Certification Requirements and for maintaining your Certification Designation. If you do not complete the continuing Certification Requirements within the time frame specified by Infor on the Certification Program Website or otherwise, your Certification Designation will be revoked without further notice to you and the termination provisions shall apply to you in respect of that Certification Designation.
Certification Courses
Infor may offer, at its sole discretion, Certification Courses that relate to specific Certification Designations. Such courses shall only be required where the Certification Requirements specifically reference the course but shall otherwise be optional. Infor or its designated course delivery provider may administer and offer such courses. You may be provided with Course Materials for any such course.
Fees
Infor or any of its designated course delivery providers may require the payment of a fee by you for the enrollment in a certification course, the attainment of Certification Materials, for anything that you are required to complete or provide to Infor or any of its designated third-party providers in order to satisfy a Certification Requirement, to enroll in, attend, write and receive your results for the Certification Exam or additional fees that may be required for reattempts of any of the foregoing that are outside the permissible number of attempts allotted by Infor or that go beyond expiration timeframes. You cannot attain and maintain your Certification Designation unless all such fees have been paid in full, with proof of such payments, if necessary.
Any pricing discounts or coupon codes provided or made available to you by Infor are not to be shared by you with anyone else. If Infor learns or reasonably believes that the pricing discount or coupon code have been shared by you, then Infor may take certain actions, including without limitation, immediate termination of this Agreement, revoking access and certifications and charging additional fees which you agree to pay.
Rights Granted
Upon your payment of any fees and subject to the proper execution by you of any further required agreements and your satisfaction of any Certification Requirements and continued compliance with this Agreement, Infor grants to you a personal, non-exclusive, revocable and non-transferable license to use the Logos, Certification Materials, Course Materials and Post Certification Materials, as applicable, and the right to describe yourself as Infor Certified having the credentials related to your Certification Designation, where such aforementioned rights shall be subject to the terms and conditions contained in this Agreement and the Guidelines, as modified from time-to-time by Infor and made available to you, for the purposes of performing your obligations and rights pursuant to this Agreement and the Certification Program.
You acknowledge that your use of the Logos is limited to the use licensed in this Agreement and that you have not acquired, and will not acquire, any ownership rights therein. You agree not to use the Logos in any manner likely to cause confusion with, dilute or damage the goodwill, reputation or image of Infor Products. You agree not to use the Logos as a feature or design element of another logo or trademark. Upon request by Infor, you shall supply Infor with: (i) specimens of your use of any Logo and execute or obtain execution of, and (ii) the instruments that may be appropriate to register, maintain or renew the registration of any Logo in the market. The use of any Logo by you does not transfer to you any further right, title, or interest in or to the Logo and all such use and associated goodwill will inure to the benefit of Infor. You shall not register, attempt to register or lay a common law claim to any Logo or any mark confusingly similar with a Logo. You do hereby acknowledge that the maintenance of the reputation and quality associated with the Logos requires the highest quality and utmost uniformity with respect to Infor Products and services associated with the Infor Trademarks and Logos. Infor reserves the right to inspect your use or display of the Logos from time-to-time. You shall permit Infor or its authorized agent to inspect and monitor your goods and/or services to determine and verify that the Logos are being used in accordance with the terms of this Agreement.
Conditions of Rights Granted to You
In consideration of granting you the above rights in relation to a Certification Program, you agree to: (a) provide true, accurate, current and complete Personal Data and other information required hereunder; and (b) maintain and promptly update the Personal Data and any other information required hereunder to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Infor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Infor has the right to suspend or terminate this Agreement. Infor's use of such Personal Data, for which use you do hereby grant your consent, is subject to the Privacy Policy section of this Agreement.
Privacy Policy
Infor's Privacy Policy can be found at the following website: http://www.infor.com/company/privacy/. Where you intend to write a Certification Exam in order to become Infor Certified, you may be requested to provide Personal Data to Infor and/or to any of Infor’s third-party providers. Once you have provided your Personal Data to either Infor or Infor’s designated third-party provider, your Personal Data may be accessed by other third parties who have entered into agreements with Infor to provide services necessary to administer the Certification Program as contemplated under this Agreement.
You agree to provide such Personal Data and acknowledge that your Personal Data shall be used in a manner consistent with the information provided to you in this Agreement, the policies as provided to you upon your registration with Infor, registration with such designated third-party providers or as the designated third-party providers may otherwise advise you. All such Personal Data shall also be subject to the privacy policies provided to you at such time.
In order to have access to Course Materials, Certification Materials or Post Certification Materials on the Certification Program Website and/or the Third-Party Provider Websites, you will be required to create your own user account to which access will be restricted via a password. Additionally, to properly register for a Certification Exam or certification course, you may be required to create your own user account with either Infor or the designated third-party provider, as applicable. You are responsible for all activities that occur under your accounts or passwords related to the Certification Program Website and/or the Third-Party Provider Websites and agree to keep your passwords confidential. You will immediately notify Infor of any unauthorized use of your accounts or passwords or any other breach of security. You will not disrupt the functioning of the Certification Program Website or any Third-Party Provider Websites, solicit another user’s password or otherwise act in a manner that interferes with the use of the Certification Program Website or Third-Party Provider Websites including by other users.
You may not use the Certification Program Website or Third-Party Provider Websites in any manner which could damage, disable, overburden or impair the Certification Program Website, the Third-Party Provider Websites and/ or any Infor services (or the networks connected to any such site or services) or interfere with any other party’s use and enjoyment of the Certification Program Website, Third-Party Provider Websites and/or any Infor services (or the network connected to any such site or services). You may not attempt to gain unauthorized access to the Certification Program Website, Third-Party Provider Websites and/or any Infor service, other accounts, computer systems or networks connected to Infor’s systems, through hacking, password mining or any other means. You may not access, use or attempt to access or use any materials or information that you are not authorized by this Agreement to access or use.
Your access to the Certification Program Website will be governed by the applicable terms of use agreement as provided on the Certification Program Website. Additionally, your access to Third-Party Provider Websites shall be governed by the applicable terms of use agreements provided for on each of the respective Third-Party Provider Websites you access.
You acknowledge and agree to grant Infor and any of Infor’s designated third-party providers the right to collect, store, process, use, transmit, communicate, disclose and manage your Personal Data whether such data is received from you via the Certification Program Website, a Third-Party Provider Website or when you provide such Personal Data directly to Infor or the designated third-party provider. Your Personal Data shall be collected, stored, processed, used and managed in order to administer the Certification Exam to you, process and validate your answers, provide you with any Certification Materials, Course Materials and Post Certification Materials together with any relevant correspondence, and to contact you with any certification inquiries you might address to Infor or a designated third-party provider, or for Infor to otherwise comply with any notice provisions in this Agreement or as found on the Certification Program Website and Third-Party Provider Websites. Depending on where you live, Infor may be required to transmit your Personal Data to other countries or your Personal Data may be collected, stored, processed, used or managed in another country and you hereby give Infor and any of Infor’s designated third-party providers your permission to do so.
Business Conduct
You agree to conduct your business in a way that does not adversely affect Infor’s reputation or goodwill. Infor may, at its sole discretion, determine whether your services meet Infor’s standards. You agree to not use any misleading or unethical tactics.
You agree to not make any representations, warranties or guarantees either on behalf of Infor or about any Infor Product, your Certification Designation, the process by which you attained your Certification Designation or how anyone else can obtain a Certification Designation.
Infor’s Liability
In no event shall Infor or its affiliates be liable to you or to any third party for any damages of any kind relating to this agreement, including without limitation, courses, certification materials, post certification materials or course materials. In no event shall Infor or its affiliates be liable to you for, and you hereby waive your right to, any indirect, economic, special, commercial, incidential, exemplary, or consequential damages (including, without limitation, loss of profits, loss of business revenue or earnings, loss of employment, lost data, damages caused by delays, or a failure to realize expected savings) directly or indirectly arising out of or in connection with this agreement, whether or not such damages could reasonably be foreseen or their likelihood has been disclosed to Infor the limitations, exclusions and disclaimers set out in this agreement shall apply: (a) whether an action, claim or demand arises from a breach of warranty or condition, breach of contract, tort (including negligence), strict liability or any other kind of civil or statutory liability connected with or arising out of this agreement; (b) to Infor and its affiliates, as well as to Infor’s or its affiliates’ directors, officers, employees, and independent contractors. Some jurisdictions do not allow limitation or exclusions of certain types of damages and/or of implied conditions or warranties. The limitations, exclusions, and disclaimers set forth in this agreement shall not apply only if and to the extent that the laws of a competent jurisdiction requires liabilities beyond and despite these limitations, exclusions, and disclaimers.
Your Liability
In addition to damages for which you are liable under law and the terms of this Agreement, you will indemnify, defend and hold Infor and its affiliates and their respective officers, employees and assigns (“Infor Indemnities”) harmless for claims and expenses (including attorneys’ fees and court costs) by others made against Infor Indemnities (including, without limitation, regarding statements, representations, or warranties not authorized by Infor) arising out of your conduct under this Agreement however arising, in whole or in part, which may be brought or made against Infor Indemnities, 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 or misuse of a Certification Designation and/or the Logos; (iii) your use or misuse of Confidential Information (as defined below); (iv) your relations with anyone else that are related to the Certification Program; and/or (v) your breach of any obligations or warranties under this Agreement.
Infor’s Representations and Warranties
Infor assumes no responsibility for any typographical, technical, substantive or other inaccuracies in the Course Materials, Certification Materials or Post Certification Materials or any modifications thereto or to any webpage located on the Certification Program Website. Infor reserves the right to periodically change information that is contained in Course Materials, Certification Materials, Post Certification Materials or in a course; however, Infor makes no commitment to provide any such changes, updates, enhancements or other additions to you in a timely manner or at all. Infor provides to you all Course Materials, Certification Materials and Post Certifications Materials “AS IS” and without any warranty or representation, whether implied or express, of any kind.
Your Representations and Warranties
In addition to any other representations or warranties that you provide in this Agreement, you represent and warrant that (i) you will refrain from any conduct that could reflect unfavorably on or may harm the goodwill and reputation of Infor or its products and (ii) you shall not make any representation, warranty or promise on behalf of or binding upon Infor.
Agreement Modifications
In order to maintain flexibility in the Certification Program Infor reserves the right, except to the extent that Infor is expressly precluded by applicable law, to make changes to this Agreement either to reflect changes in business practices, or to reflect changes in or required by law, by posting notice of the change at http://www.infor.com/services/certification.
General Provisions
Each of us agrees that:
- Any terms of this Agreement, which by their nature extend beyond the date this Agreement ends, remain in effect until fulfilled.
- This Agreement will be governed by and construed under the laws of the State of Delaware, as applicable to agreements executed and wholly performed therein, but without regard to any conflict of laws provisions thereof.
- Both parties agree the appropriate, exclusive and convenient forum (the “Forum”) for any disputes in connection with this Agreement will be in the Court of Chancery in the City of Wilmington, New Castle County, Delaware, except where such court lacks subject matter jurisdiction. In such event, the Forum will be in the federal district court sitting in Wilmington, New Castle County, Delaware or, in the event such federal district court lacks subject matter jurisdiction, then in the Superior Court in the City of Wilmington, New Castle County, Delaware. Each party hereby irrevocably waives any and all right to trial by jury in any proceeding arising out of or relating to this Agreement.
- If any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, any such provision shall be severable from this Agreement, in which event this Agreement shall be construed as if such provision had never been contained herein.
- Either Infor or one of its affiliates and you may provide any document and sign any document in an electronic version, and that the acceptance of such a document shall be binding upon that party as if such document were in writing. Both parties agree that this clause meets the requirements of any applicable laws within their jurisdiction that may apply to the use of and/or acceptance of electronic documents.
You agree:
- That certification does not ensure that you will qualify for any particular employment.
- That your rights under this Agreement are not property rights and, therefore, you cannot transfer them to anyone else or encumber them in any way.
- Not to assign, or otherwise transfer, this Agreement or your rights or obligations under this Agreement, without Infor’s prior written consent. Any attempt to do so is void.
- That any failure by Infor to insist on strict performance or to exercise a right when entitled, does not prevent Infor from doing so at a later time, either in relation to that default or any subsequent one.
- That any acceptance or other communications of any kind from you that contain any additional terms with respect to this Agreement, such additional terms shall be null and void ab initio and of no force and effect.
- That Infor retains all rights, title and interest in and to all information, content and data contained in the Certification Exams, Certification Materials, Post Certification Materials and unless the contrary is indicated in the Course Materials, in the Course Materials and all copyrights, patent rights, trademark rights and other proprietary rights thereto provided under this Agreement.
- No waiver by Infor of a breach or omission by you under this Agreement shall be binding on Infor unless it is expressly made in writing and signed by a signatory of Infor. Any waiver by Infor of a particular breach or omission by you shall not affect or impair the rights of Infor in respect of any subsequent breach or omission of the same or different kind.
- This Agreement is the complete agreement between us regarding this transaction and replaces all prior oral and written agreements relating to the transaction and shall include (and you agree that you are responsible for viewing and abiding by) the terms of use that governs your use of this site.
Confidentiality
The Certification Exam (including without limitation, questions, answers, worksheets, computations, drawings, diagrams, length and number of exam segments and/or questions, or any communication related to the Certification Exam), Certification Materials, Post Certification Materials and Course Materials, or any other information designated by Infor as confidential or proprietary or that would be understood to be confidential or proprietary by a reasonable person, are the confidential property of Infor (“Confidential Information”) and are made available to you solely for the purpose of testing your knowledge in the technical area referenced in the title of the applicable Certification Exam in order to grant you a Certification Designation and to further describe the rights of your Certification Designation.
You agree to hold such Confidential Information in strict confidence and to take all reasonable precautions to protect it; not to use Confidential Information at any time during the term or after the termination of this Agreement in any way not expressly authorized by this Agreement and that, except as otherwise provided for in this Agreement; you will not communicate, disclose, publish, reproduce or transmit any Confidential Information to any third-party in any form.
The Course Materials, Certification Materials, Certification Exams, Post Certification Materials and other Infor Confidential Information will at all times remain the exclusive property of Infor or its affiliates. You do not acquire any intellectual property rights in or to the Course Materials, Certification Materials, Certification Exams, Post Certification Materials or other Infor Confidential Information or to any modifications, improvements or enhancements thereto, howsoever developed, including patents, designs, Logos, Infor Trademarks, copyright or trade-secrets under this Agreement, except the limited rights granted under this Agreement. Any unauthorized copying or distribution of the Course Materials, Certification Materials, Certification Exams, Post Certification Materials or other Infor Confidential Information without the express written consent of Infor is strictly prohibited.
Eligibility
At the time you register for a Certification Exam you must be of the age of majority in all of the jurisdictions in which you will be Infor Certified in order to be eligible for the Certification Program. Those who are not of the age of majority as described in this section are not eligible to complete any Certification Exams under the Certification Program and Certification Exams completed by such individuals are void and invalid.