Ericsson accelerates 5G for Enterprise with the acquisition of Cradlepoint Read More

August 8, 2018

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING OR USING CRADLEPOINT UNIVERSITY (THE “SITE”), YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL OTHER TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CRADLEPOINT, INC. (“CRADLEPOINT”). BY USING THE SITE AND PROCEEDING WITH THE CERTIFICATION PROCESS, YOU HEREBY AGREE THAT THE FOLLOWING TERMS AND CONDITIONS SHALL GOVERN YOUR PARTICIPATION IN CRADLEPOINT UNIVERSITY AND THE CERTIFICATION PROGRAM (“CERTIFICATION PROGRAM”). IF YOU DONOT OR CANNOT AGREE TO THE TERMS CONTAINED HEREIN, THEN DO NOT ACCESS OR USETHE SITE OR THE CERTIFICATION PROGRAM.

Cradlepoint University (“CPU”) is an educational website that offers training materials and resources to qualified individuals employed by Authorized Cradlepoint Partners and is designed to equip you with the tools required to effectively sell and support Cradlepoint products and services. Additionally, CPU offers a certification program to certify those individuals who have successfully completed the training programs and validates to customers that you have achieved a level of expertise regarding Cradlepoint products and services. By agreeing to the terms and conditions set forth in this Agreement, you warrant that you are employed by an Authorized Cradlepoint Partner and are eligible to participate in CPU and the Certification Program (“Eligible Participant” or “you”).


1. Use of the Site

As an Eligible Participant, Cradlepoint grants you a non-exclusive, non-transferable, limited right to access and use the Site solely for the purpose of selling and supporting Cradlepoint products and services (“Purpose”). The Site contains copyrighted materials owned by Cradlepoint, and/or its licensors, which may not be copied, distributed or reused, in whole or in part, for any reason other than the Purpose. All rights not expressly granted to you in this Agreement are reserved by Cradlepoint, Inc.


2. Program Description

2.1 Enrollment

a. CPU is available to employees of Authorized Cradlepoint Partners only.

b. Cradlepoint may limit overall access, or access to specific courses by Partner level, or by individual role within the Partner.

2.2 Certification

a. Certifications are earned by passing the Final Exam for the applicable level of certification.

b. Certifications are good for two (2) years from the date issued.

c. Cradlepoint reserves the right to revoke a certification at any time for any reason.

2.3 Renewals

a. Certification holders must renew their certification every two (2) years.

b. “Renewal” requires that you retake and pass the Final Exam.

c. If a certification is renewed after the specified expiration date, certificate holders are required to review all course material and then retake and pass the Final Exam.

2.4 Certification Ownership

a. Certifications are granted to you, not to your employer.

b. If a certificate holder is no longer employed by an Authorized Partner, the certification stays with the individual.

2.5 Exam Structure

a. Final Exams

i. Courses must be completed in order – Associate > Professional > Expert.

ii. Score of 80% or better on the Final Exam is required to complete a course and earn the applicable certification.

2.6 Notifications

a. Cradlepoint will make reasonable efforts to notify you when your certification is approaching its expiration date.

2.7 Digital Badge Usage

a. Once certified, you may add the Cradlepoint University digital badge to your business card, email signatures, and business correspondence.


3. Suggestions and Feedback

If you submit ideas, documents, suggestions and/or proposals (“Contributions”), you hereby grant to Cradlepoint a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate any Contributions provided by you.


4. Program Modifications

Cradlepoint reserves the right, in its sole discretion, to modify, alter and or discontinue, whether temporarily or permanently, the Site and/or the Certification Program, or any part thereof, at any time with or without prior notice.


5. Termination

You may cancel or terminate your access to the Site and the associated email address to your account by submitting a cancellation or termination request to cpu@cradlepoint.com.

You agree that Cradlepoint may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and your access to the Site in the event you are in breach of any of the terms of this Agreement.


6. Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

THIS CERTIFICATION PROGRAM AND THE SITE ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. CRADLEPOINT MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE CERTIFICATION PROGRAM OR THE SITE, INCLUDING BUT NOT LMITED TO THE ACCURACY, COMPLETENESS OR PERFORMANCE THEREOF. CRADLEPOINT SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.


7. Indemnity

You agree to indemnify, hold harmless and, at our option, defend Cradlepoint, and its officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, butnot limited to, reasonable attorney’s fees and expenses) arising from your improper use of the Site, the Certification Program, or any violation of this Agreement.


8. Limitation of Liability

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT WILL CRADLEPOINT BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE OR THE CERTIFICATION PROGRAM (INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE), INCURRED OR SUFFERED BY EITHER PARTY OR TO ANY THIRD PARTY, EVEN IF THE OTHER PARTY OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CRADLEPOINT’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED $100.


9. Processing of Program Data

During the term of this Agreement, you will supply Cradlepoint with contact details for you, your employees, contractors and/or representatives (“Program Data”) in order for Cradlepoint to carry out its obligations under this Agreement (for example, to accomplish the training services, allow you to participate in educational services of CPU, and to provide you with access to and/or receive any of the benefits of the certification program). Cradlepoint hereby agrees to process the Program Data in accordance with applicable laws, rules and regulations and in compliance with the Cradlepoint Privacy Policy at https://cradlepoint.com/privacy-policy. You represent and warrant that (a) you have notified the relevant data subjects that Cradlepoint will be given such information and informed them of Cradlepoint’s Privacy Policy; and (b) if necessary, you have obtained all necessary consents in order to transfer the Program Data to Cradlepoint. You shall notify Cradlepoint as soon as reasonably practicable of any amendments required to the Program Data via email at privacy@cradlepoint.com.


10. General Provisions

10.1    Governing Law. This Agreement shall be governed by the laws of the State of Idaho and the parties irrevocably submit to the exclusive jurisdiction of the courts of Ada County, Idaho for any dispute arising out of this Agreement.

10.2    Severability. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

10.3    Injunctive Relief. You agree that Cradlepoint will be entitled to a restraining order, injunction or other equitable relief if you breach your obligations under this Agreement, in addition to any other   remedies and damages that would be available at law or equity.

10.4    Attorney Fees. Relating to the subject matter of this Agreement, you agree that if Cradlepoint is required to engage in any proceeding, legal or otherwise, to enforce its rights under this Agreement, Cradlepoint shall be entitled to recover from you, in addition to any other sums due, reasonable attorney’s fees, costs and disbursements.

YOU AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CRADLEPOINT AND YOU, AND THIS AGREEMENT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT EITHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US. 

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