We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by posting the revised Terms to the Talend website and/or by sending an email notification or posting additional notice on the Talend website. Your continued use of the Exam Services following our notice of the amended Terms will confirm your acceptance of the amended Terms. If you do not agree to the amended Terms, you may not continue accessing or using the Exam Services.
Any breach by you of these Terms may result in termination of your use of the Exam Services, loss of your credential certification and/or denial of your ability to use any of the Exam Services in the future. In addition, Talend reserves the right to pursue any and all remedies in law or equity for any breach of these Terms.
You represent and warrant that you (a) are at least 18 years old, (b) have not previously been suspended from using the Exam Services, and (c) have full power and authority to agree to the Terms, and that doing so will not violate any other agreement to which you are a party.
2. Purchase of Exams
Each purchase of an exam from this web site permits you to take that exam one time (an “Exam Attempt”). Retaking an exam requires a separate purchase. Also see “Retaking Exams” below.
You represent and warrant that you will individually take the Exam on your own, without aid or assistance of any kind or from any person or resource and in compliance with the Terms.
3. Exam Access
Once you purchase an Exam Attempt, access to the exam is valid for 12 months from date of purchase. Any Exam Attempt not completed prior to the end of this period will expire, and no refund will be provided for expired Exam Attempts.
4. Exam Conduct
You agree that you individually will take the exam, on your own, without aid or assistance of any kind or from any person or resource, and in compliance with the Terms. During the Exam Attempt, you will not reference or research any web site, application, written materials, or any other resource outside the Exam Services.
5. Limited License
You are granted a limited, non-transferable, non-exclusive, revocable license to access and use the Exam Services solely for your own personal or business purposes; provided, however, that, unless otherwise expressly permitted via the Exam Services, you may not: (a) resell, lease, rent, or sublicense any Exam Services or any access to the Exam Services; (b) distribute, publicly perform or publicly display any Exam Services; (c) post the contents of any exam or Exam Services to any “brain dump” websites or other information blogs or forums; (d) modify or otherwise make any derivative uses of any Exam Services; (e) download any Exam Services, except as expressly permitted by the Exam Services; or (f) use the Exam Services other than for their intended purposes. Except as explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Please note: these Terms prohibit you from copying exam content, by taking screenshots or by any other method. You may not share, post, or otherwise distribute exam content anywhere, to anyone, in any way.
6. Exam Certification and Scoring
Talend reserves the right to retire a certification in its sole discretion. Prior to retiring a certification, Talend will provide 60 (sixty) days’ notice to any users who have purchased an Exam Attempt, but not yet taken it.
Talend reserves the right to update certification requirements, e.g. in the case of a major new release of the Talend software, in its sole discretion. In the event Talend updates certification requirements, some credentials may require updating to be considered active and to continue to receive the benefits of certification.
In addition, passing exam scores may change over time, as new versions of an exam are published. A change to a passing score will not affect users who previously passed an exam.
7. Retaking Exams
If you do not successfully pass an exam, you must wait a minimum of 10 (ten) calendar days before taking the exam again. You are limited to 4 (four) attempts to pass an exam in any 12-month period. Each Exam Attempt requires a separate purchase.
Once you have successfully passed an exam, you are not permitted to re-take the same exam under any circumstances.
TALEND DOES NOT REPRESENT OR WARRANT THAT (A) THE EXAM SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR (B) THE EXAM SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE EXAM SERVICES.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TALEND, THE EXAM SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TALEND DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree to defend, indemnify and hold harmless Talend SA and its affiliates, and their respective directors, officers, employees and agents (collectively, “the Talend Parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Exam Services, (b) your breach of any of these Terms, or (c) your violation of the rights of any third party.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE TALEND PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING AS A RESULT OF TALEND’S NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE EXAM SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TALEND PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF TALEND’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE EXAM SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TALEND FOR ACCESS TO OR USE OF THE EXAM SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT TALEND HAS OFFERED THE EXAM SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TALEND. TALEND WOULD NOT BE ABLE TO PROVIDE THE EXAM SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
11. No Third-Party Beneficiaries.
These Terms are for the benefit of, and will be enforceable by, Talend and you only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party.
12. Governing Law.
Any dispute between the parties regarding the subject matter of these Terms will be governed by these Terms and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.