KNIME Certification Program Terms and Conditions

Version 1: February 2019

1. Scope

KNIME offers the KNIME Certification Program designed to test your knowledge of KNIME Software (and related fields). The following Terms and Conditions ("Ts&Cs") shall exclusively apply to the services provided by KNIME AG, Technoparkstrasse 1, 8005 Zurich, Switzerland ("KNIME") to the KNIME Certification Program applicant ("you").

2. Conclusion of a Contract

With your application to the KNIME Certification Program, you agree to the following Ts&Cs in the version in effect at the time of your application. With your application, a contract is concluded between you and KNIME. You will receive a confirmation of your application.

3. Application for the KNIME Certification Program

Only natural persons can apply for the KNIME Certification Program. In order to receive a certificate, you must pass an online multiple-choice examination and, in some cases, a practical data science project. With your application you guarantee that you will perform the examination and any practical project alone and without the use of any unfair practices, e.g. support of any person or any reference sources or tools. To enforce this provision, we may require the use of identification and proctoring tools.

4. Payments

In order to be able to sit the examination for a certificate, you will be required to pay an examination fee. The fee is non-refundable, even if you do not complete or pass the examination for any reason. The fee will generally be payable by credit card and the terms and conditions of your credit card issuer will apply. If KNIME issues an invoice to you for the examination fee, the invoice will be payable within 10 days of receipt.

5. Examinations

There are various examinations within the KNIME Certification Program. The detailed description of each examination is available at https://www.knime.com/certification-program. You may choose which examination you wish to apply for.
In your application you can choose to perform the examination online or at an event as offered by KNIME. If you apply online for an online examination, you will receive detailed instructions electronically for the examination (and any practical project, where applicable).
KNIME may update the examinations from time to time. KNIME may decide at its sole discretion on the criteria for passing each examination. The current criteria are outlined in Appendix A to these Ts&Cs.

6. Repetition of the Examination

If you fail an examination for a certificate within the KNIME Certification Program, you are allowed to repeat the examination within a certain timeframe and no additional fee shall be due. If you fail the examination a second time you may reapply for the examination only after a certain time period by paying the fee. The detailed terms for the repetition of an examination are described in Appendix A to these Ts&Cs.

7. Cancellation of the Examination

KNIME has the right to suspend or cancel an examination at any time with or without any cause. If you have already paid the fee at the time of the cancellation, KNIME will refund the fee. If you cancel your participation in an examination, the fee is not refunded. You will be considered to have cancelled an examination if you do not take the examination within 90 days of your application (or reapplication).

8. Certificates

KNIME will provide you with the examination results within five (5) working days of completion of the examination (or of both, the examination and project, where applicable). If you have successfully completed an examination, you will receive the respective certificate by email.

9. Validity of Certificates

A certificate will be valid and may be used only for a certain time period as outlined in Appendix A to these Ts&Cs. You may receive the same certificate again by applying online, paying the fee, and successfully participating in the examination for that certificate.

10. Use of Certificates

You may use certificates from the KNIME Certification Program and the KNIME logo during the certificate's period of validity (see section 9 above) in your own business communications, including on your webpage and in your correspondence (e.g. in your e-mail signature).
The use of the certificate is personal to you. You may not transfer the certificate to any third party.
You are not allowed to use the certificate for purposes other than as described herein. You are not permitted to give the impression that you are an employee of KNIME or that you have entered into a sponsorship, partnership, joint venture, or any other collaboration with KNIME.

11. Withdrawal of Certificates

Should KNIME become aware that you have used unfair practices during an examination (or project, where applicable), KNIME reserves the right to withdraw your certificate at any time with immediate effect. On withdrawal of your certificate, you must immediately stop use of the certificate and the KNIME logo.

12. Intellectual Property Rights

KNIME retains ownership of all intellectual property rights related to the services provided by KNIME under these Ts&Cs, including the examination, any project tasks, and the certificate. You may not use the examination for any purpose other than for applying for the certificate, and in particular, you may not copy, disclose or transfer the examination or any project task, or parts thereof to any other person.

13. Disclaimer of Warranties and No Licenses

KNIME makes no warranty or representation regarding the certificate and its use including that it would lead to an increase of your skills, turnover, goodwill or reputation. The right to use the certificate does not constitute a license under any trademarks of KNIME.

14. Indemnification

You shall indemnify KNIME from and against any claims, damages, costs, expenses or liabilities arising out of or connected with the performance of the services under these Ts&Cs or use of the certificate, except to the extent such claims, damages, costs, expenses or liabilities are due to the gross negligence or willful misconduct of KNIME.

15. Liability

KNIME shall not be liable for any direct, indirect or consequential damages, including lost profits, arising from a breach of these Ts&Cs by KNIME, irrespective of whether based on contract, tort or any other legal theory, except to the extent such damages or lost profits are due to the gross negligence or willful misconduct of KNIME.

16. Privacy

We need to process your personal data for the performance of the contract. In processing your personal data for the performance of the contract, your personal data may be transferred to a group company of KNIME or a subcontractor not based in Switzerland or the EU/EEA. In this case, we ensure prior to any disclosure of your personal data an adequate level of data protection.
In addition, the Privacy Notice found on https://www.knime.com/privacy will apply to the performance of these Ts&Cs.

17. Unenforceable Provisions and Severability

In case any provision of these Ts&Cs should be or become legally invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a valid and enforceable one that is as close as possible to the original clause and intention of these Ts&Cs.

18. Amendments

KNIME reserves the right to amend these Ts&Cs, including Appendix A, from time to time. Any amendments will be posted on https://www.knime.com/certification-program-terms-conditions.

19. Governing Law and Jurisdiction

These Ts&Cs shall be governed by Swiss law. The competent courts of Zurich will have exclusive jurisdiction.

Appendix A

Detailed Terms for Certificates

Successful Examination

For each examination, you will receive the respective certificate if you correctly answer 70% of the questions and pass any practical project.

Repetition of Examination

If you fail an examination, you are allowed to repeat the examination within three (3) months of first completing the examination and no additional fee shall be due.
If you fail the examination a second time you may reapply for the examination only after three (3) months and on payment of the fee.

Valid Time Period of Certificates

Each certificate from the KNIME Certification Program will be valid for twenty four (24) months.

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