CompTIA Candidate Agreement

THE COMPUTING TECHNOLOGY INDUSTRY ASSOCIATION, INC. CANDIDATE AGREEMENT

1. DEFINITIONS
For purposes of this Agreement, the terms defined in this Section shall have the meanings set forth below:

1.1 "Candidate Information" shall mean all information related to you collected by CompTIA or any CompTIA Agent, including, without limitation, registration information, examination results and scores, and all other information you submit for purposes of participating in any CompTIA Program.

1.2 "CompTIA Agents" shall mean all testing facilities, vendors and other service providers authorized by and under contract with CompTIA to provide certain services related to any CompTIA Program.

1.3 "CompTIA certification" shall mean achievement of certification status for a particular CompTIA Program in accordance with CompTIA requirements and acceptance of the terms of this Agreement.

1.4 "CompTIA Program" shall mean one of the certification programs offered by CompTIA.

1.5 "Examination Materials" shall mean CompTIA certification examination(s) and any questions, instructions, responses, answers, worksheets, drawings, or diagrams related to such examination(s) and any accompanying materials.

1.6 "Marks" shall mean any and all CompTIA titles, trademarks, service marks and/or logos which CompTIA may from time to time expressly designate for use corresponding to the CompTIA certification which you have achieved. The term "Marks" shall not include any other titles, trademarks, service marks or logos of CompTIA.

2. COMPTIA CERTIFICATION
Your CompTIA certification is based upon your successful passing of the requisite CompTIA certification examination(s) and your compliance with the terms of this Agreement. In order to achieve the right to use any Marks, you will also be required to enter into a separate logo agreement with CompTIA following your successful passing of the requisite CompTIA certification examination(s), which agreement contains guidelines for the use of Marks.

CompTIA may modify any examination, test objective or the requirements for obtaining or maintaining any CompTIA certification at any time. It is your responsibility to keep informed of any such modifications and for maintaining your CompTIA certification. If any CompTIA certification requirements are modified, this Agreement and your CompTIA certification may be terminated by CompTIA without further notice, unless you complete any applicable continuing CompTIA certification requirements.

3. CONFIDENTIALITY OF EXAMINATION MATERIALS
Examination Materials are the proprietary, confidential and copyrighted materials of CompTIA. Any disclosure of the contents of any CompTIA certification examination is strictly prohibited. You agree to maintain the confidentiality of all Examination Materials and you agree not to disclose, publish, reproduce, distribute, post or remove from the examination room, any portion of the Examination Materials. Violators of copyright law are subject to injunctions, civil liability, forfeiture of profits, punitive damages and other legal sanctions. CompTIA will take appropriate legal action against you to protect CompTIA's rights if you breach the provisions of this Section.

4. CANDIDATE INFORMATION
CompTIA and all CompTIA Agents may collect, save, transmit, transfer, use, deliver and otherwise process Candidate Information for analysis, research, certificate fulfillment, marketing or other purposes deemed necessary or appropriate by CompTIA in connection with any CompTIA Program. Candidate Information may be transmitted or otherwise transferred outside of the country or geographic region in which you reside or in which you took any CompTIA certification examination. You are aware that data protection regulations in other countries, including, without limitation, the United States of America, may not fully correspond with data protection regulations in your region and may provide less effective protection.

5. CANDIDATE CONDUCT POLICY
You will not participate in any cheating incident, breach of security, misconduct or any other behavior that could be considered a compromise of the integrity or confidentiality of any CompTIA certification examination or any CompTIA certification. Such behaviors will include, but are not limited to, the following: (a) giving any other candidate, or receiving from any other candidate, assistance of any kind related to any CompTIA certification examination during such examination; (b) using any aids, notes, equipment or other materials, except those expressly allowed by CompTIA, during any CompTIA certification examination; (c) attempting to take any CompTIA certification examination for someone else; (d) failing to follow test regulations or instructions of a testing facility administrator or otherwise violating any testing facility regulations or policies; (e) causing a disturbance of any kind in a testing facility; (f) removing or attempting to remove questions and/or responses (in any format) or notes, note board or scratch paper from the testing room; (g) tampering with the operation of the testing facility computer or attempting to use it for any function other than taking a CompTIA certification examination during such examination; (h) talking in the testing area; and (i) otherwise violating the terms of this Agreement or CompTIA's Retake Policy referred to below. If it is determined that you have violated CompTIA's Candidate Conduct Policy, then CompTIA will send you a written notice of violations and applicable sanctions and a copy of CompTIA's Candidate Appeals Process, a copy of which is available for inspection on CompTIA's web site at www.CompTIA.org.

6. RETAKE POLICY
In the event that you fail your first (1st) attempt to pass any CompTIA certification examination, CompTIA does not require any waiting period between the first (1st) and second (2nd) attempt to pass such examination. However, before your third (3rd) attempt or any subsequent attempt to pass such examination, you shall be required to wait for a period of at least thirty (30) calendar days from the date of your last attempt to pass such examination. In the event that you pass any CompTIA certification examination, you shall be required to wait for a period of twelve (12) calendar months before retaking the same examination, unless CompTIA has changed the test objectives for such examination. CompTIA beta certification examinations may only be taken one (1) time by each candidate.

7. VIOLATIONS
Any candidate determined by CompTIA to have violated the terms of this Agreement shall, if determined necessary or appropriate by CompTIA based upon the seriousness of the incident or violation: (a) be denied CompTIA certification for the applicable examination for a minimum period of twelve (12) calendar months from the date of such determination; (b) have the CompTIA certification for the applicable examination revoked, if such certification was previously granted by CompTIA; (c) have all other CompTIA certifications previously granted to such candidate revoked; (d) not be eligible to register and/or schedule any CompTIA certification examination, or receive any CompTIA certification, for a minimum period of twelve (12) calendar months from the date of such determination; and/or (e) be subject to any and all other appropriate action, including legal remedies, that CompTIA deems necessary or appropriate to enforce the terms of this Agreement.

8. CANDIDATE APPEALS PROCESS
After a candidate has received a written notice of violations and applicable sanctions from CompTIA, such candidate will have thirty (30) calendar days to file a written request for appeal pursuant to CompTIA's Candidate Appeals Process, a copy of which is available for inspection on CompTIA's web site at www.CompTIA.org. The candidate is required to file a written request for appeal, along with a statement describing the grounds for the appeal, why the appeal should be granted and all supporting evidence, with CompTIA's Security Manager, via registered or certified mail, within thirty (30) calendar days of receipt of the notice of violations and applicable sanctions from CompTIA. A candidate's appeal will not be considered after such thirty (30) calendar day period has expired.

If CompTIA's Security Manager determines that a written request for appeal is filed in a timely manner and upholds CompTIA's original decision, such appeal and the information submitted by the candidate will be submitted for binding arbitration to the Candidate Appeals Committee, which consists of voluntary industry peers. Five (5) members of the Candidate Appeals Committee will be appointed to act as an arbitration panel for the appeal. This appeals process shall not address any failures to pass any CompTIA certification examination, nor include any challenges to individual examination questions, answers or failing scores.

The arbitration panel will deliberate and decide the appeal. The decision of the majority of the members of the arbitration panel present at the hearing for the appeal, at which a quorum is present, will be the decision of such panel. The decision of the arbitration panel is final and binding as to all matters related to the appeal.

9. MARKS
Upon your CompTIA certification, CompTIA will grant you a non-exclusive, personal and non-transferable license to use Marks only on promotional, display and advertising materials to publicize your CompTIA certification or to promote your products or services corresponding to your CompTIA certification. Any other use of Marks by you is prohibited. You may not use Marks of any CompTIA Program unless you have completed the CompTIA Program certification requirements and have been notified by CompTIA in writing that you achieved CompTIA certification for that particular CompTIA Program. Any and all uses of Marks by you must be in compliance with any and all CompTIA requirements, guidelines and quality control standards, as established or amended from time to time by CompTIA. Furthermore, CompTIA may, from time to time, amend the Marks, or designate new or different Marks for your use. You agree not to incorporate any Marks, or potentially confusing variations of Marks, as part of your name or the name of any product or service offered by you or as part of any logo, name, trademark, service mark or other commercial or product designation used by you. You agree not to file any application to register or claim any interest in any Mark or any other logo, name, trademark, service mark or commercial or product designation confusingly similar to any or all Marks. You shall not misrepresent your CompTIA certification status or your qualifications or misrepresent, imply or suggest that CompTIA in any way endorses, sponsors or recommends you, or any of your products or services.

The license granted to you by this Section is conditioned upon and subject to your compliance with the terms of this Agreement. Any attempted assignment, transfer or sublicense of such license by you shall be null and void. Subject to the limited license granted to you by this Section, CompTIA reserves and retains all rights, titles and interests, including, without limitation, all trademark and other intellectual property rights, in and to Marks.

10. TERM AND TERMINATION
This Agreement shall commence upon your acceptance of its terms. Either party may terminate this Agreement, with or without cause, by giving at least thirty (30) days' prior notice to the other party. CompTIA may terminate this Agreement: (a) upon thirty (30) days' prior notice if you breach any term of this Agreement and fail to cure said breach within such thirty (30) day period; (b) if you fail to comply with any applicable continuing CompTIA certification requirements specified by CompTIA from time to time; (c) by CompTIA, if publicity or other information about you, your products or services, or your use of Marks harms or adversely affects CompTIA or its reputation or goodwill or otherwise damages or diminishes the value of Marks; or (d) upon determination by CompTIA that you have otherwise violated any rule, regulation or policy of CompTIA or of any CompTIA authorized testing facility related to any CompTIA certification examination. Upon termination of this Agreement, CompTIA may revoke your CompTIA certification(s) and terminate the licenses and rights granted hereunder. This Section and Sections 3, 4, 5, 6, 7, 8, 11, 12 and 13.4 hereof shall survive any termination of this Agreement.

11. DISCLAIMER; LIMITATION OF LIABILITY
COMPTIA MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATED TO OR ARISING OUT OF ANY COMPTIA CERTIFICATION OR THIS AGREEMENT. COMPTIA DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. COMPTIA SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO ANY COMPTIA CERTIFICATION, OR THIS AGREEMENT, OR OTHERWISE INCURRED, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPTIA'S LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNT OF EXAMINATION FEES ACTUALLY PAID BY YOU TO COMPTIA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY. HOWEVER, SUCH EXCLUSION OR LIMITATION SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.

12. INDEMNIFICATION
You agree to indemnify, defend and hold harmless CompTIA, and all CompTIA Agents, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising, in whole or in part, out of any breach of this Agreement by you or any personal injury, product liability, property damage or other claims which are caused, directly or indirectly, in whole or in part, by any act or omission by you.

13. OTHER PROVISIONS
13.1 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. You may not transfer or assign any CompTIA certification or any of your rights hereunder. Any such transfer or assignment shall be null and void.

13.2 Amendments. CompTIA may revise the terms of this Agreement from time to time. In the event of a revision, your assent to a new agreement may be a condition of your continued CompTIA certification.

13.3 Waiver and Severability. No waiver of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach. If any term of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such term shall be modified or deleted in such a manner so as to make this Agreement, as modified, legal and enforceable to the fullest extent permitted under applicable laws.

13.4 Equitable Relief. CompTIA shall be entitled to injunctive and other equitable relief to prevent or curtail any actual or threatened breach of the provisions of this Agreement and to recovery of reasonable attorneys' fees incurred in any such action.

13.5 Notices. Except as otherwise expressly provided in this Agreement, all notices hereunder shall be in writing or delivered via e-mail. Notice to you shall be sent to your last address known by CompTIA.

13.6 Governing Law. Any and all disputes arising hereunder shall be governed by and interpreted in accordance with the laws of the United States of America and the laws of the State of Illinois.

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