1.2 "Worthington University Certification" shall mean certification of attendance status for a particular Worthington University Program.

1.3 "Worthington University Program" shall mean one of the programs offered by Worthington University.

1.4 There are no exam materials to judge an attendees competence.

1.5 "Marks" shall mean any and all Worthington University titles, trademarks, service marks and/or logos which Worthington University may from time to time expressly designate for use corresponding to the Worthington University certification which you have attended. The term "Marks" shall not include any other titles, trademarks, service marks or logos of Worthington Group Limited.

2. WORTHINGTON UNIVERSITY CERTIFICATION
Your Worthington University certification is based upon your attending the full training schedule.

3. CONFIDENTIALITY OF MATERIALS
Materials are the proprietary, confidential and copyrighted materials of Worthington University or any of the Worthington Group Limited vendors. Any disclosure of the contents of any Worthington University materials is strictly prohibited. You agree to maintain the confidentiality of all materials. Violators of copyright law are subject to injunctions, civil liability, forfeiture of profits, punitive damages and other legal sanctions.

4. MARKS
Upon your Worthington University certification, Worthington University will grant you a non-exclusive, personal and non-transferable license to use Marks only on promotional, display and advertising materials to publicize your Worthington University certification or to promote your products or services corresponding to your Worthington University certification. Any other use of Marks by you is prohibited. You shall not misrepresent your Worthington University certification status or your qualifications or misrepresent, imply or suggest that Worthington University in any way endorses, sponsors or recommends you, or any of your products or services.

The license granted to you by this Section is conditioned upon and subject to your compliance with the terms of this Agreement. Any attempted assignment, transfer or sublicense of such license by you shall be null and void. Subject to the limited license granted to you by this Section, Worthington University reserves and retains all rights, titles and interests, including, without limitation, all trademark and other intellectual property rights, in and to Marks.

4.1 USING THE WORTHINGTON UNIVERSITY MARKS
Worthington University's certification and name are property of Worthington Group Limited. In order to help protect the integrity of our programs, Worthington University asks that those who make reference to our trademarks and use our logos adhere to the following guidelines:

Trademark Usage and Style Guide for use on the Web and in Print Materials

The parameters for use of any Worthington University trademark are as follows:
• Any Worthington University logo must be accurately shown in proportion and orientation. Distorting or rotating the logo is not permitted.
• Any Worthington University logo must not be incorporated into any other mark or symbol. It may not be used as a border on or around any item.
• You may not use a Worthington University logo as part of either your name or your company's name.
• No Worthington University Logo may be used as a domain name or as a part of a domain name.

4.2 WHO CAN USE WORTHINGTON UNIVERSITY LOGOS
How you use any Worthington University logo reflects both on our association and your organization. Use it proudly to show your commitment to quality service and excellence. We encourage you to involve your entire organization in helping Worthington University raise the profile and enhance the image of the industry. Only authorized users can use or display a Worthington University logo.

4.3 WHO IS AN AUTHORIZED USER?
To be considered an “authorized user” an individual must qualify under one or more of the following categories:
• Worthington University certified individuals
o An individual who has attended one of Worthington University's training events. Authorized users in this category may use the appropriate certified logo for personalized purposed. This includes business cards, correspondence, letterhead and resumes.

5. TERM AND TERMINATION
This Agreement shall commence upon your acceptance of its terms. Either party may terminate this Agreement, with or without cause, by giving at least thirty (30) days prior notice to the other party.

6. DISCLAIMER; LIMITATION OF LIABILITY
WORTHINGTON UNIVERSITY MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATED TO OR ARISING OUT OF ANY WORTHINGTON UNIVERSITY CERTIFICATION OR THIS AGREEMENT. WORTHINGTON UNIVERSITY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. WORTHINGTON UNIVERSITY SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO ANY WORTHINGTON UNIVERSITY CERTIFICATION, OR THIS AGREEMENT, OR OTHERWISE INCURRED, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WORTHINGTON UNIVERSITY'S LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNT OF TRAINING FEES ACTUALLY PAID BY YOU TO WORTHINGTON UNIVERSITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY. HOWEVER, SUCH EXCLUSION OR LIMITATION SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.

7. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Worthington University, and all Worthington Group Limited Employees and Agents, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising, in whole or in part, out of any breach of this Agreement by you or any personal injury, product liability, property damage or other claims which are caused, directly or indirectly, in whole or in part, by any act or omission by you.

8. OTHER PROVISIONS
8.1 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. You may not transfer or assign any Worthington University certification or any of your rights hereunder. Any such transfer or assignment shall be null and void.

8.2 Notices. Except as otherwise expressly provided in this Agreement, all notices hereunder shall be in writing or delivered via e-mail. Notice to you shall be sent to your last address known by Worthington University.

8.3 Governing Law. Any and all disputes arising hereunder shall be governed by and interpreted in accordance with the laws of the United States of America and the laws of the Commonwealth of Pennsylvania.

9. MARKETING
As an attendee the e-mail address used for registration will be added the Worthington Distribution e-mail list. The list is used for marketing dealer specials and industry updates to Worthington University students. The recipient does have the ability to remove their address from the distribution list after the 1st e-mail is sent.

Version 4-2010 Worthington University Training Agreement