| forbesl 2004-06-12, 9:58 am |
| Lexy, I hope you don't mind, but
I'm posting Cisco's Confidentiality Agreement in full for everyone to see.
For those of you that don't know, this is what you agree to when you take any type of Cisco certification exam.
CISCO SYSTEMS, INC.
CISCO CAREER CERTIFICATION AND CONFIDENTIALITY
AGREEMENT
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU
ACCEPT ALL OF THE TERMS CONTAINED IN THIS CERTIFICATION
AGREEMENT, PLEASE INDICATE THIS BY SELECTING THE “ACCEPT” BUTTON
AT THE BOTTOM OF THIS AGREEMENT. SELECT “DECLINE” IF YOU DO NOT
ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT
ACCEPT THE TERMS OF THIS CERTIFICATION AGREEMENT YOU WILL NOT
BE PERMITTED TO SIT FOR THE CERTIFICATION EXAM.
This Cisco Career Certification and Confidentiality Agreement (the “Agreement”) is
entered into as of the date of your acceptance (the “Effective Date”) by and between you and
Cisco Systems, Inc. (“Cisco”).
In consideration of the mutual covenants and promises contained herein, you and Cisco
agree as follows:
1 DEFINITIONS
1.1 “Certification(s)” means any in the set of professional certification programs offered by
Cisco.
1.2 “Cisco Certified” means an individual who has successfully met the requirements for
certification as set forth in Section 2.
1.3 “Program(s)” means the Certification programs offered by Cisco under this Agreement.
2 CERTIFICATION
2.1 Certification Requirements. To become Cisco Certified, you must meet the minimum
requirements of the relevant Program, including achieving passing scores on required
examinations. If you meet these requirements you will receive a certificate from Cisco
signifying your accomplishment. Program requirements, including pre-requisites for
Certification, training recommendations, and testing, continuing education, candidate
conduct policies, and recertification requirements, are available on the Cisco website at
www.cisco.com/go/certifications. Cisco reserves the right to change the Program without
cause or notice. Such changes may include, without limitation: adding or deleting
available Certifications and modifying certification requirements, recommended training
courses, testing objectives, outlines and exams. You agree to meet the Program
requirements, as changed, as a condition of obtaining and maintaining your Certification.
2.2 Certification Revocation. Cisco may at its sole discretion revoke any and all Certifications
you may have earned, and permanently ban you from earning future Certifications, under
any of the following circumstances:
a) If you fail to comply with any continuing education or recertification
requirements;
b) If you breach of the terms and conditions of this Agreement; or
c) If Cisco determines, in its sole discretion, that you have undertaken or participated
in any action that compromises the integrity and confidentiality of an examination or the
Program.
2.3 Employer Notification. Some of Cisco’s partner programs require that such partners
employ a minimum number of Cisco Certified employees . For this reason, the revocation
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Cisco Career Certifications and Confidentiality Agreement - Version 9
of any Certification may result in loss of partner benefits to such employers. You agree
that if Cisco revokes your Certification pursuant to Section 2.2, Cisco shall have the right
to notify your employer and respond to any inquiry by your employer about changes in
your Certification status.
2.4 Certification of Minors. If you are a minor, you must have this Agreement countersigned
by your parent or legal guardian. You must deliver one copy of the original signed
Agreement to Cisco personally or by first class mail at the address provided below.
Minors under the age of 13 are not eligible for Certification.
3 CONFIDENTIALITY AND INTELLECTUAL PROPERTY OWNERSHIP
3.1 Confidentiality. You agree that the contents of the exam are confidential and that the
disclosure of that information could compromise the integrity of the Program and of
Certifications. Cisco makes exams available to you solely to test your knowledge of the
exam subject matter for which you seek Certification. You are expressly prohibited from
disclosing, publishing, reproducing, or transmitting any exam and any related information
including, without limitation, questions, answers, worksheets, computations, drawings,
diagrams, length or number of exam segments or questions, or any communication,
including oral communication regarding or related to the exam (known collectively as
“Proprietary Information”), in whole or in part, in any form or by any means, oral or
written, electronic or mechanical, for any purpose, without the prior express written
permission of Cisco.
3.2 Intellectual Property Ownership. Cisco retains all rights, title and interest in and to all
Program and related information, content, data, exams, materials, and all copyrights, patent
rights, trademark rights and other proprietary rights therein. All rights not expressly
granted by Cisco to you are expressly reserved to Cisco.
4 TERM AND TERMINATION
4.1 Term. The term of this Agreement is perpetual.
4.2 Termination for Convenience. Either you or Cisco may terminate this Agreement at any
time, with or without cause, upon thirty (30) days written notice to the other.
4.3 Termination By Cisco. Cisco may, in its sole discretion, terminate this Agreement at any
time if you breach any of the material terms of this Agreement, or if you violate or fail to
meet any Program requirements. ;
4.4 Notice. Cisco will provide you written notice of termination at your last known address.
Termination shall be effective as of the date set forth in the notice. Cisco, without waiving
its right to immediately terminate this Agreement, may provide you with thirty (30) days to
correct any default. If Cisco permits such a cure period, your failure to cure any default
within the cure period shall automatically cause the termination of this Agreement without
further notice.
4.5 Effect of Termination. Upon the termination of this Agreement, you shall immediately
cease to represent yourself as Cisco Certified.
5 LIMITATION OF LIABILITY
IN NO EVENT SHALL CISCO BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OF
ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF
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Cisco Career Certifications and Confidentiality Agreement - Version 9
CISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
6 PRIVACY AND DELIVERY OF CERTIFICATION INFORMATION TO THIRD
PARTIES
Cisco is a global company and may share your personal information with other Cisco offices
or affiliates in the country in which you reside and in other countries. To share your
personal information, Cisco may transfer your information outside the European Union. All
parties with which Cisco shares your personal information are governed by this Agreement
or are bound by appropriate confidentiality and data transfer agreements.
Your personal information is never shared outside Cisco without your permission, except
under the following conditions :
Cisco often receives requests from third parties, particularly employers, to verify an
individual’s Certification status. Cisco may, but has no obligation to, provide such
information about your Certification status to others. In such situations, Cisco will provide
the information in its possession and will depend on you to periodically verify that such
information is correct. Cisco shall have no liability for providing incorrect information to
third parties in response to a proper request to verify your Certification status. Such
processing may include transfer of information outside the European Union.
7 ASSIGNMENTS
You may not assign any rights, licenses or obligations received under this Agreement to
anyone. Any attempted assignment in violation of this Agreement shall be null and void and
without effect.
8 MISCELLANEOUS
8.1 Waiver and Modification. You waive any right to challenge the validity and enforceability
of this Agreement on the grounds that it was transmitted and entered into electronically.
You agree that entering into the Agreement electronically is equivalent to signing the
Agreement. Failure by either of us to enforce any provision of this Agreement will not be
deemed a waiver of future enforcement of that or any other provision. Any waiver,
amendment or other modification of any provision of this Agreement will be effective only
if in writing and signed by both you and Cisco.
8.2 Severability. If a court of competent jurisdiction finds any provision of this Agreement to
be unenforceable, that provision of the Agreement will be enforced to the maximum extent
permissible so as to effect the intent of the provision, and the remainder of this Agreement
will continue in full force and effect.
8.3 Survival. Sections 3 and 5 shall survive termination of this Agreement.
8.4 Controlling Law and Jurisdiction.
(a) If you reside in a country other that is not a member of the European Union, this
Agreement and any action related thereto shall be governed, controlled, interpreted and
defined by and under the laws of the State of California and the United States, without
regard to its conflicts of laws provisions. Unless otherwise waived by Cisco at its sole
discretion, the exclusive jurisdiction and venue of any action arising out of or relating to
this Agreement shall be the Superior Court of California for the County of Santa Clara or
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Cisco Career Certifications and Confidentiality Agreement - Version 9
the United States District Court for the Northern District of California. Both you and
Cisco submit to the exclusive jurisdiction and venue of such courts for the purpose of any
such action, and specifically disclaim the United Nations Convention on Contracts for the
International Sale of Goods.
(b) If you reside in a country that is a member of the European Union, this Agreement and
any action related thereto shall be governed, controlled, interpreted and defined by and
under the laws of England. Both you and Cisco accept the exclusive jurisdiction of the
English courts, provided that Cisco shall at all times have the right to commence
proceedings in any other court or arbitral tribunal of its choice within the European Union
or otherwise appropriate jurisdiction for interim injunctive relief for protection of
intellectual property rights. Both you and Cisco specifically disclaim the United Nations
Convention on Contracts for the International Sale of Goods.
8.5 Entire Agreement. This Agreement constitutes the entire agreement between you and
Cisco with respect to the subject matter hereof, and supersedes all prior and
contemporaneous understandings or agreements, written or oral, regarding such subject
matter.
8.6 Notices. All notices sent or required to be sent shall be in writing or by e- mail to the other
party at address for the other party set forth below, or such other address as is provided in
writing or via e- mail to the other. It shall be your sole responsibility to ensure that Cisco
has a current address for you.
Cisco Career Certifications Agreement - signature page by minor and his or her legal guardian
PLEASE NOTE: You only need to fax the last page of this agreement, but by doing so you
acknowledge that you are bound by the terms and conditions of the entire agreement.
Cisco reserves the right to use any all technologies and methods for verifying the identity of
candidates. Such technology may include, without limitation, personally identifiable
information, challenge questions, identification numbers, photographic information, and other
measures to protect against fraud and abuse.
YOU HEREBY REPRESENT TO CISCO THAT YOU: (1) HAVE READ AND
UNDERSTOOD THE TERMS OF THIS AGREEMENT; AND (2) ARE THIRTEEN (13)
YEARS OF AGE OR OLDER AND ACKNOWLEDGE THAT CISCO IS RELYING UPON
SUCH REPRESENTATIONS IN GRANTING CERTIFICATION..
FOR USE BY CERTIFICATION CANDIDATES NOT DELIVERING THIS
AGREEMENTELECTRONICALLY. CERTIFICATION CANDIDATES SUBMITTING THIS
AGREEMENT VIA FACSIMILE TRANSMISSION OR MAIL SHOULD SIGN BELOW AS
INDICATED.
Signature: Date:
Please Print Clearly. Illegible Agreements will delay your certification.
Print Legal Name: E-mail:
Address: City, Stat e:
ăCopyright 2003, Cisco Systems, Inc.
Cisco Career Certifications and Confidentiality Agreement - Version 9
Country: Postal Code:
Phone: ( ) Fax: ( )
CSCO Number:
Parent or Legal Guardian Printed
Name:
Parent or Legal Guardian
Signature: Date:
The addresses/fax numbers below are provided for those individuals who are minors and those
with limited access to the World Wide Web. Please note that any mailed/faxed agreements
require special handling and are manually entered into the database. Manual entry may take up
to 15 business days to process. Cisco is not responsible for any errors resulting from illegible
submissions.
If the last exam you took was a:
CCIE exam, mail to: Any other exam, mail to:
Cisco Systems, Inc. Cisco Systems, Inc.
Attn: CCIE Program Attn: Cisco Career Certifications
170 West Tasman Drive 170 West Tasman Drive
San Jose, Ca. USA 95134 San Jose, Ca. USA 95134
Fax: 408.527.8588 Fax: 408.525.5105
!!!!! |
