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DIGICERT COURSE ENROLLMENT TERMS AND CONDITIONS

DigiCert is a trusted third-party certification authority and experienced provider of digital certificates (“Certificates”) and other related products, software, and services, including public key infrastructure (“PKI”). DigiCert has agreed to provide a course of study on Certificates and PKI to You in accordance with the terms and conditions described in this agreement (this “Agreement”).  

Please read this Agreement carefully before participating in any of the services offered under this Agreement. This Agreement contains important terms and conditions under which DigiCert will provide the services to You, whether these services are courses, curriculum, instruction, training, exams, modules, digital content, or any associated service related to the items just described (collectively the “Courses”). The Courses may be offered in-person or through DigiCert’s website at digicert.com and any applicable subdomain thereof, or through any applications, materials, or other online services provided by DigiCert (collectively, the “Platform”).

By electronically accepting this Agreement or by participating in the Courses in any way, You are acknowledging that You accept the terms and conditions set out below.

1.           Background on the Courses. DigiCert has developed the Courses based on DigiCert’s expertise in Certificates and PKI and will provide the Courses using its own discretion. However, the way in which You receive the Courses is Your responsibility. Accordingly, Your participation in the Courses may not accurately reflect Your knowledge of Certificates or ability to perform PKI operations, and DigiCert is not responsible for conclusions derived or actions taken by third-parties (including Your employer) based on Your participation in the Courses.

2.           The definition of “You”. “You” as used in this Agreement is understood as the individual who electronically accepts this Agreement, or who participates in the Courses in any manner.

3.           Term of this Agreement.  This Agreement comes into effect on the day: (a) You sign this Agreement; or (b) if You accept it electronically, on the day You accept the Agreement electronically. If neither (a) nor (b) takes place, then this Agreement comes into effect on the first day that DigiCert provides the Courses to You. Unless earlier terminated, the Agreement will remain in effect until You cease receiving and using the Courses. DigiCert may terminate this Agreement, and terminate or suspend your right to access the Courses or the Platform, at any time in its sole discretion, with or without notice.

4.           Additional Policies and Rules. Your Use of the Courses and the Platform is subject to the DigiCert Acceptable Use Policy available at https://www.digicert.com/legal-repository/, which is incorporated into this Agreement. DigiCert may provide You with additional policies and rules regarding the Courses, including rules on how exams will be administered. If You fail to abide by any of these additional policies or rules, DigiCert may suspend or terminate Your right to access the Courses.   

5.           Materials. DigiCert does not provide, and You are responsible to bring, any materials You may need to participate in the Courses, including a PC or laptop.

6.           Confidential Information. DigiCert may provide You with Confidential Information while You participate in the Courses. “Confidential Information” mean information, documentation, or processes disclosed by DigiCert to You that is designated as confidential (or a similar designation). Confidential Information does not include information that: (i) You lawfully knew prior to DigiCert’s disclosure; (ii) was lawfully disclosed to You by a third-party; (iii) is a part of the public domain (other than as a result of a breach of this Agreement); or (iv) is independently developed by You. You are obligated to keep all Confidential Information confidential and not disclose such Confidential Information except as allowed by DigiCert in a written agreement.  

7.           Intellectual Property.

a.       The Courses contain copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of DigiCert and licensors of DigiCert (collectively, “Proprietary Materials”), including without limitation video, text, software, photos, graphics, images, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Proprietary Materials may only be accessed through the Platform, and not by or from any other site or means. The right of access to the Platform does not grant to You any right to download or store any Proprietary Materials in any medium, other than (i) that downloadable content that may be provided for certain training courses, (ii) files that are automatically cached by Your web browser for display purposes, and (iii) if DigiCert provides desktop, mobile, or other applications for download, a single copy of such application for Your computer or mobile device solely for Your own, personal use, provided You agree to be bound by this Agreement (collectively, the “Authorized Downloadable Materials”). Authorized Downloadable Materials are held by You pursuant to a limited revocable license only, and are subject to all restrictions described herein, including the prohibition on further transfer, sale, creation of derivative works, or exploitation in any manner. All Proprietary Materials owned by DigiCert and used to provide the Courses or in any other materials provided to You by DigiCert as a part of the Courses belong to and remain the property of DigiCert. There is nothing in this Agreement that transfers any ownership rights to You and You agree not to obtain or claim any title, interest, or ownership rights in and of DigiCert’s product or services. You may use applicable materials solely in a personal capacity in order to study for the Course. That permission will end when this Agreement ends. You agree that You will only use any study material and/or digital content as allowed in this Agreement and You will not copy, make available, transmit, reproduce, sell, license, distribute, publish, broadcast or otherwise circulate, or decompile, disassemble, reverse engineer or otherwise reproduce, store, transmit, modify or commercially exploit any DigiCert-provided material, including any Proprietary Materials, in any form or by any means, for any purpose, without the express written permission of DigiCert.

b.       DigiCert grants to You a non-exclusive license for the use and installation of any Authorized Downloadable Materials subject to all the terms and conditions as set forth in this Agreement. This license governs any and all software upgrades or additional features provided by DigiCert that would replace or supplement the original installed version of the Authorized Downloadable Materials, unless those other upgrades or features are covered under a separate license, in which case those terms govern.

8.           Changes to the Courses, the Platform, and this Agreement. DigiCert may, at any time, make changes to the Courses, the Platform, and this Agreement, without notice or liability, in its sole discretion, including to: (a) reflect changes in technology, industry standards, and relevant laws; (b) implement adjustments and improvements that will not materially affect the delivery of the Courses; and (c) correct errors. Your continued use of the Courses or Platform will be deemed your conclusive acceptance of all such changed or modified terms and conditions. If You wish to make a change to the Courses or this Agreement, please contact DigiCert and DigiCert will let You know if such a change is possible. DigiCert will not be liable if or any reason all or part of the Courses or the Platform is unavailable at any time or for any reason.

9.           DigiCert is Not Liable for Anything Under this Agreement and No Warranties are Made. DIGICERT WILL NOT BE LIABLE FOR ANY DAMAGES THAT ARISE OUT OF OR RELATE TO THE COURSES, THE PLATFORM OR THIS AGREEMENT, INCLUDING ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. DIGICERT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. IN PARTICULAR, DIGICERT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO WHETHER THE COURSES WILL ENHANCE YOUR EMPLOYMENT OPPORTUNITIES. DIGICERT SHALL NOT IN ANY WAY BE LIABLE FOR ACTIONS TAKEN OR CONCLUSIONS DERIVED BY YOUR EMPLOYER AS A RESULT OF YOUR PARTICPATION IN THE COURSES.

10.       User Content and Feedback.

a.       User Content. The Platform may provide You with the ability to upload, post, submit, publish, or transmit information to the Platform, other users, or to third parties (“User Content”). To the extent that You provide any User Content, You represent and warrant that (i) You have all necessary rights, licenses and/or clearances to provide such User Content as provided above, (ii) such User Content is accurate and reasonably complete, (iii) as between You and DigiCert, You are responsible for the payment of third-party fees, if any, related to the provision and use of such User Content, (iv) such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices, (v) You are responsible for any User Content You upload or provide to the Platform and for complying with applicable laws relating thereto, including export control regulations, and (vi) You agree to comply with all applicable rules regarding online conduct and acceptable content DigiCert may post on the Platform from time to time, including those set forth in Section 4. User Content that is submitted within certain areas of the Platform, such publicly-available channels or blog posts, will be considered non-confidential and non-proprietary, and by so doing, You hereby grant DigiCert and its affiliates and service providers, and each other and their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

b.       Monitoring and Enforcement. DigiCert has the right to (i) remove or refuse to post any User Content for any or no reason in its sole discretion; (ii) take any action with respect to any User Content that DigiCert deems necessary or appropriate in its sole discretion, including if DigiCert believes that such User Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create risk or liability for DigiCert; (iii) disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation referral to law enforcement for any illegal or unauthorized use of the Platform; and (v) terminate or suspend Your access to all or part of the Platform for any violation of this Agreement. Notwithstanding anything to the contrary, DigiCert has no obligation to review any User Content or materials before they are posted on the Platform, and DigiCert cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, DigiCert assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, and DigiCert has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 10.

c.        Feedback. DigiCert welcomes and encourages You to provide feedback, comments, and suggestions for improvements to the Platform and the Courses. You acknowledge and agree that any and all feedback provided by way of the Platform or otherwise will be the sole and exclusive property of DigiCert, and You hereby irrevocably assign to DigiCert and agree to irrevocably assign to DigiCert all of Your right, title, and interest in and to all feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At DigiCert’s request and expense, You will execute documents and take such further acts as DigiCert may reasonably request to assist DigiCert to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback.

11.       How DigiCert Will Use Your Personal Information. In order to participate in the course, You will be required to submit certain personal information, including name and email address. DigiCert will store and process this  personal information (and information regarding Your participation in this course) in accordance with its Privacy Policy, available at https://www.digicert.com/digicert-privacy-policy. As provided in the Privacy Policy, You can refer any questions or objections about use of Your personal information to DigiCert’s Data Privacy Officer at dpo@digicert.com.

12.       Export Controls. The Platform, the Courses and their respective features are subject to United States export control and economic trade sanction laws and regulations. No Platform content or materials may be downloaded or exported (a) into (or to a resident of) Cuba, North Korea, Iran, Syria, the Crimea region of the Ukraine or any other country subject to an applicable embargo or other trade restriction by any government regulatory agency having jurisdiction, or ( n ) by or to any person or entity on the United States Treasury Department’s list of Specially Designated Nationals (SDN) or the United States Commerce Department’s Bureau of Industry and Security’s Entity List or Denied Persons List or such other applicable lists. By accessing or using the Platform or the Courses, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or region or on any such list. Although the Platform may be accessible worldwide, DigiCert makes no representation that the Platform is appropriate or available for use in locations outside the United States, and accessing the Platform from territories where its contents or materials are illegal, is prohibited. Those who choose to access the Platform from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Platform is void where prohibited.

13.       How We May Contact Each Other. You may contact DigiCert by telephone at 1-801-701-9600. You must send DigiCert any legal notices via first class mail addressed to the following: DigiCert, Inc. ATTN: General Counsel, 2801 North Thanksgiving Way Suite 500 Lehi, Utah 84043 USA. Any such mailed notice will be effective upon DigiCert’s receipt of the notice. DigiCert may contact You by telephone or writing to You using any reasonable methods, including using an email address or telephone number provided to us by Your employer, if applicable.

14.       Assignment and Transferability. DigiCert may assign or delegate any of its rights and obligations under this Agreement. As Courses are not transferable, You may not assign or delegate any of Your rights or obligations under this Agreement. You may not share any content with nor make any content (including online passwords, if any) available to anyone else, including other participants in the Courses. DigiCert may restrict Your access to the Course or the Platform if DigiCert believes You have violated the terms in this Section 14.  

15.       Provisions that Survive the End of the Agreement. Certain terms of this Agreement are intended to survive (continue) even after the Agreement itself terminates or expires. These terms include, but are not limited to, the obligations under Sections 1 (Background on the Courses), 6 (Confidential Information), 7 (Intellectual Property), 9 (DigiCert is Not Liable for Anything Under this Agreement and No Warranties are Made), 10 (User Content and Feedback), 11 (How DigiCert Will Use Your Personal Information), and 12 (Export Controls) survive termination or expiration of this Agreement.

16.       Which Laws Govern this Agreement? This Agreement is governed by Utah law, excluding its conflicts of laws rules. DigiCert and You agree to use the state and federal courts located in Salt Lake County, Utah as the exclusive jurisdiction and venue for any legal issues that may arise out of this Agreement.

 

Version 10/13/2020