Friday, October 23, 2009

B.13 MySQL AB Certification NDA and LUA











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B.13 MySQL AB Certification NDA and LUA



Before taking any test for the certification program, you are required to accept the combined MySQL AB Certification Non-Disclosure Agreement (NDA) and Certification Logo Usage Agreement (LUA).



Below is a copy of the text, which you'll be required to accept at the test center as the first action after the test has been starteB.



We strongly suggest that you read through and make sure that you understand the document now, so that you do not spend valuable time on this after the test has begun.



B.13.1 MySQL AB Certification Non-Disclosure and Logo Usage Agreement



B.13.1.1 Introduction


Before taking any test under the MySQL AB Certification Program (a "Certification Exam"), you will be required to accept the terms of this MySQL AB Certification Non-Disclosure and Logo Usage Agreement (this "Agreement").



In addition, before using any Certification Logo (as defined below), you will be required to pass a Certification Exam, and you must receive electronic or written notice from MySQL AB stating that you may use that particular Certification Logo.



This Agreement is created to protect your certification. By adhering to this Agreement (that is, keeping questions, answers and other information related to the Certification Exams confidential and by ensuring that the Certification Logos are used only by you), you help maintain the integrity of the MySQL AB Certification Program. This helps maintain the value of your Certification(s).



By clicking the NEXT button below, you agree that the terms and conditions of this Agreement shall be valid and binding upon you.



B.13.2 Agreement



B.13.2.1 1 Non-Disclosure Agreement


I understand that the MySQL AB Certification Program and Certification Exam(s) are proprietary to MySQL AB. Therefore, I agree to the following terms and conditions:



  1. I will not copy, disclose, publish or transmit to any person or entity any details of any Certification Exam, or information pertaining to it, in any form or by any means.

  2. I alone must complete in full all the requirements for MySQL AB certification and/or assessment.

  3. All work submitted in connection with the MySQL AB Certification Program will be my own, and not the work of any other individual, group or entity.

  4. All MySQL AB certification information, including (without limitation) exams, questions, answers and related information, is made available to me strictly for the purpose of certification. All such information is proprietary material that is wholly owned by MySQL AB and protected under copyright, trade secret and other laws.



B.13.2.2 2 Logo Usage Agreement


I understand that MySQL AB may, from time to time, develop a logo for limited use by those individuals who have passed a particular Certification Exam (a "Certification Logo"). Therefore, I agree to the following terms and conditions:



  1. This Agreement permits me to use only the Certification Logos expressly identified in an electronic or written notice provided to me by MySQL AB, and only in the manner described herein.

  2. I may only use a Certification Logo that pertains to a Certification level that I, as an individual, have achieved, and only on printed, personal business cards, printed, personal letterheads and printed, personal resumes. I may not use a Certification Logo, or any imitation thereof, in any other place, such as on product packaging or a Web site. My certification is personal and does not apply to or benefit any company or organization that I may own, or for whom I may work or otherwise be associateB.

  3. I may not alter a Certification Logo in any way, including (without limitation) by resizing, translating, or altering the colors used in, the Certification Logo. A Certification Logo may be scaled proportionally in order to adhere to the conditions of this Agreement.

  4. My certification will expire as published by MySQL AB from time to time. In the event that my certification expires or is otherwise terminated, I will immediately discontinue my usage of the applicable Certification Logo.

  5. I may not display or use the Certification Logo in a manner that suggests that I am an employee or other representative of MySQL AB, or that either my company or I are affiliated with, or endorsed by, MySQL AB. Moreover, everywhere I use a Certification Logo, my name, or the name of my company, must appear more prominently than, and clearly distinguished from, the Certification Logo.

  6. My use of any and all Certification Logos shall further be restricted by, and subject to, the MySQL Trademark Policy ("The Trademark Policy") posted on the MySQL AB Web site (www.mysql.com, the "Web site"). MySQL AB may from time to time change the Trademark Policy, and I agree to check the Web site for changes to the Trademark Policy on a periodic basis. I shall be deemed to have knowledge of any changes to the Trademark Policy as soon as they are posted on the Web site. MySQL AB reserves any and all rights not expressly granted herein. I agree that any and all goodwill pertaining to my use of a Certification Logo shall inure to the exclusive benefit of MySQL AB.



B.13.2.3 3 Miscellaneous


  1. I hereby declare that: (a) I am the individual registered and authorized to complete the Certification Exam, identified by such unique information as my MySQL AB Certification user id and password, electronic mail address, given and family names, or such other means used by MySQL AB to uniquely identify an individual; and (b) I am at least eighteen (18) years old and competent to sign this Agreement.

  2. I understand that violation of any of the terms of this Agreement will result in: (a) the immediate revocation of any existing MySQL AB certification; (b) my permanent ineligibility to obtain any MySQL certification; and/or (c) other punitive or legal action deemed appropriate by MySQL AB.

  3. If the test center at which I am accepting this Agreement is located in the United States of America, then this Agreement shall be deemed to have been executed in the United States of America and shall be governed by the laws of the State of Delaware, without regard to the conflict of laws provisions thereof. If the test center at which I am signing this Agreement is located anywhere other than the United States of America, then this Agreement shall be deemed to have been executed in Sweden and shall be governed by the laws of Sweden, without regard to the conflict of laws provisions thereof. I have agreed to execute this Agreement in the English language. In the event of any dispute in connection with this Agreement, the English language version of the Agreement will control for all purposes. Any action brought under this Agreement shall be conducted in the English language.

  4. By clicking the "NEXT" button displayed below, I am confirming that I understand and accept all of the terms and conditions of this Agreement. I understand that I am under no obligation to accept these terms, but that my acceptance is required to proceed with this Certification Exam.



You must accept the above terms and click "NEXT" in order to proceed with the exam.



If you do not accept the above terms, click "END EXAM". You will not be able to proceed with the exam.













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