SOFTWARE LICENSE AGREEMENT
Copyright © 2006-2016 All rights reserved. NCS Pearson, Inc., 5601 Green Valley Drive, Bloomington, Minnesota 55437 www.pearsonvue.com
Copyright © 2012-2016 All rights reserved. GED Testing Service LLC., 5601 Green Valley Drive, Bloomington, Minnesota 55437
PLEASE Read THIS SOFTWARE LICENSE AGREEMENT carefully before downloading the software linked hereto. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
This Software License Agreement (“Agreement”) establishes the terms and conditions under which NCS Pearson, Inc. will provide the software necessary to allow you to acquaint yourself with how a NCS Pearson, Inc. computer-based test will be administered (“Software”). This Software is the exclusive property of the NCS Pearson, Inc., affiliates, subsidiaries, or any entity under control of NCS Pearson, Inc. (“NCS Pearson, Inc.”), including, but not limited to, the structure, organization and code of the Software. Your use of the Software is strictly conditioned upon your explicit acceptance of the terms and conditions of this Agreement and your use of this Software will be deemed your acceptance of the terms and conditions set forth herein and your agreement to be bound by them (“License”). NCS Pearson, Inc. grants you a non-exclusive License to use the Software for the purpose described above.
If you do not agree to these terms and conditions stated herein, select the “I do not accept the terms of this Agreement” option and click on the “No” button. If you have been provided with a CD ROM, remove the CD ROM from your system, delete any and all copies of the Software executable (e.g. .EXE file) that you have downloaded or copied to your system and contact NCS Pearson, Inc. regarding directions for returning or destroying such Software. This License is granted in consideration of, and subject to, the mutual rights and obligations set forth in this Agreement, the sufficiency of which you acknowledge by using this Software.
THIS SOFTWARE IS PROVIDED BY NCS PEARSON, INC. “AS IS” AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE. THE SOFTWARE IS NEITHER WARRANTED NOR EXPECTED TO BE FREE FROM ERRORS. IN NO EVENT SHALL NCS PEARSON, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Use of Software
You agree to the following restrictions on your use of the Software:
- To use the Software for personal use only and for the sole purpose of acquainting yourself with how a NCS Pearson, Inc. computer-based test will be administered.
- You may not copy this Software. You also agree to not reverse engineer, decompile, disassemble, create derivative works from, change, alter, modify or otherwise vary the Software without the express, written consent of NCS Pearson, Inc..
- To not sell, duplicate, transfer, assign, or lend the Software, or any portion thereof, to any person or entity.
If you use the Software in any way inconsistent with this License or violate any of the above-referenced restrictions your rights under this License shall terminate automatically.
You understand and agree that you shall be responsible for the use, operation, and storage of the Software. You assume the risk and sole responsibility for any and all damage to equipment or to the Software, or CD ROM, if any, by your use of such Software. In addition, you agree to indemnify and hold harmless NCS Pearson, Inc. and its employees, officers, agents, and assigns against all third party claims, damages, law suits, or settlements arising from your use of the Software. NCS Pearson, Inc. shall have no liability of any kind under this Agreement.
- If any one of the provisions in this Agreement, for any reason, is held or deemed invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision hereof.
- This Agreement is governed by and construed under the laws of the State of Minnesota, United States of America.
I acknowledge that I may view, download, and use the Software accessible through this site, or via a CD ROM, only for the purpose of acquainting myself with on how a NCS Pearson, Inc. computer-based test will be administered under the terms set forth in this Agreement. I also acknowledge that I may only view, download and use the Software pursuant to this Agreement. Furthermore, I understand that no license is granted to me hereunder for any other purpose.