1. Use of Services
2. Registering for and Using the Services
2.2 Your Employer. You represent and warrant that you have volunteered for training and are authorized by your employer (or at least not prohibited) to attend the training In addition, you agree that we may share your name and your individual training, testing and/or certification records with your employer. You further agree that we have no liability to you or any other third party (including your employer) for any actions your employer may take as a result of your registering for or using the Services and/or as a result of our disclosure of your records to them. If you change employers, please let us know by sending a message to [email protected] and we will update your records. Please note that, if you do not notify us then your profile may be “locked” if we get a returned email or if your employer notifies its MobileIron account manager.
2.3 Service Availability. We may change, suspend or end the Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. After we have changed, suspended or ended a Service, we will have no obligation to store, maintain or provide you a copy of any test materials, test results, certifications or information about you or that that you or others provide, except to the extent required by applicable law.
2.4 Access to Records. While you are actively registered for the Service, you can access your student profile for informational purposes or to update and/or manage your account or profile. If you are having trouble accessing your account, please email [email protected] As noted above, your account may be locked if you fail to keep your record current. In such event, please email [email protected].
2.5 Deactivating Records. You can de-activate your account by sending a request to [email protected] However, please be aware that we must retain copies of your profile for audit and certification purposes (e.g., if we are asked to verify that you have completed certain courses or exams).
2.6 Your Credentials and Your Account Are Personal to You. Your credentials, your profile and your account are personal to you and should not be shared with others. For example, you cannot register a group alias as an account for sharing with friend and/or co-workers.
3. Intellectual Property Matters
3.1 Your Right to Use the Services. Subject to your compliance with the terms of this Agreement, we grant you a personal, non-exclusive, non-transferable and non-sublicenseable right to access MobileIron University and the training resources or other services made available through MobileIron University. If you are a competitor of MobileIron, you have no right to access, use, copy, distribute, perform or display the training resources or services. If you are an enrolled student, you are not authorized to access or use the training resources for any purpose other than personal instruction or to copy, distribute, perform or display the training resources or services to or for third parties. If you engage in any of the prohibited acts described above, you will be in breach of this Agreement and in violation of copyright law and we will have a right to take legal action against you.
3.3 Ownership. MobileIron and/or our suppliers own all title, copyright, and other intellectual property rights in the training resources (including the training materials, the tests, the test results and any other information that we make available to you). You have no right in the training resources except the right to use those resources in accordance with the terms and conditions of this Agreement. MobileIron will be the sole owner of any feedback on or make any suggestions that you may make about the training resources and you hereby assign ownership to such feedback or suggestions to MobileIron.
4. Disclaimer of Warranty, Exclusion of Damages and Limitation of Liability
4.1 No Warranty. TO THE EXTENT ALLOWED UNDER LAW, MOBILEIRON (AND OUR SUPPLIERS AND SERVICE PROVIDERS) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT; (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING ALL TRAINING RESOURCES) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT THAT CERTAIN LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY.
4.2 Exclusion of Damages. TO THE EXTENT ALLOWED UNDER LAW, MOBILEIRON (AND OUR SUPPLIERS AND SERVICE PROVIDERS) SHALL HAVE NO LIABILITY TO YOU OR OTHERS FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (INCLUDING THE TRAINING RESOURCES).
5.1 Termination For Convenience. Either one of us may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. Section 3.3 (Ownership), Section 4 (Disclaimer of Warranty, Exclusion of Damages and Limitation of Liability) and Section 6 (General) shall survive termination. You can visit our Help Center or email [email protected] to learn how to close your MobileIron University account.
6.1 Choice of Law and Forum. You agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Santa Clara County, California, USA, and we each agree to personal jurisdiction in those courts.
6.2 Severability. If a court with authority over this Agreement finds any term of the Agreement to be unenforceable, the court shall modify that term to make it enforceable while still achieving its intent but if that cannot be done, the court shall delete the unenforceable term and still enforce the rest of this Agreement.
6.3 Waiver and Amendment. If you have breached this Agreement but we do not enforce our rights against you, our non-enforcement does not constitute a waiver of the breach. We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
6.4 Non-Assignment. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. In contrast, MobileIron may assign this Agreement to its affiliates or a party that buys MobileIron or the assets to which this Agreement applies without your consent.
6.5 Entire Agreement; No Third Party Beneficiaries. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. There are no third party beneficiaries to this Agreement.
6.6 Notice. We will use the contact information that you provide during registration to contact you regarding this Agreement. If you want to contact us, you should send an email to [email protected] or send notice to our offices at 401 E. Middlefield Road, Mountain View, CA 94043, Attn: Legal.