SOFTWARE LICENSE AGREEMENT

Copyright (C) 2016 All rights reserved. NCS Pearson, Inc., 5601 Green Valley Drive, Bloomington, Minnesota 55437 www.pearsonvue.com

IMPORTANT NOTICE

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 Pearson VUE will provide the software ("Software") in connection with the services provided by or to Pearson VUE ("Purpose").  This Software is the exclusive property of Pearson VUE, a business of NCS Pearson, Inc. ("Pearson VUE"), 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.  Pearson VUE grants to you and you accept a personal, non-transferable, revocable, non-assignable, non-exclusive, limited license to use the Software for the Purpose ("License"). By using the Software, you acknowledge that you may only view, download and use the Software pursuant to this
Agreement. Furthermore, you understand that no license is granted to you hereunder for any other purpose. Once you have accepted this Agreement it will remain in effect so long as the Software is on your computer or otherwise within your possession, provided, however, that Pearson VUE may terminate this Agreement at any time without notice.

Acceptance of Terms

You may exit the installation process at any time. If you do not agree to the terms and conditions stated herein, complete the "I do not accept the terms of this Agreement" option set forth below and click on the button. 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 the Software.

You must close all other applications before launching and using the Software. The Software will not start unless all applications are closed.  When the Software launches you will be unable to access any other applications until such time as you end your test session ends.

Limitation of Warranty

THE SOFTWARE IS PROVIDED BY PEARSON VUE "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 PEARSON VUE 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 only use the Software for your personal and private use consistent with the License, Purpose and the terms of this Agreement.  Under this License, you are not allowed to (i) rent, sell, lease, lend, license, sublicense, distribute, assign, or otherwise transfer in whole or in part the Software to any person; or (ii) reverse engineer, decompile, disassemble, create derivative works from, change, alter, modify or otherwise vary in whole or in part the Software without the express,
written consent of Pearson VUE.

If you use the Software in any way inconsistent with this License or violate any of its terms or restrictions, your rights under this License shall terminate immediately and automatically.

Liability

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 by your use of the Software.  In addition, you agree to indemnify and hold harmless Pearson VUE and its employees, officers, agents, and assigns against all third party claims, damages, lawsuits, or settlements arising from your use of the Software.  Pearson VUE shall have no liability of any kind under this Agreement.

Support

Pearson VUE may provide support for the Software from time to time, but has no obligation to do so.

General

This Agreement will be deemed executed in and pursuant to the internal laws of the state of Minnesota, U.S.A without giving effect to the principles of conflicts law thereof.  You and Pearson VUE consent to the jurisdiction and venue of the state and federal courts of Minnesota, Hennepin County.  If any provision of this Agreement or the application thereof to any party or circumstances shall be declared invalid, illegal or unenforceable, the
remainder of this Agreement shall be valid, legal and enforceable to the extent permitted by applicable law.  In such event, the parties shall use their best efforts to replace the invalid, illegal or unenforceable provision by a provision that, to the extent permitted by applicable law, achieves the purposes intended under the invalid, illegal or unenforceable provision.  No failure of either party to exercise any power or right given either party
hereunder or to insist upon strict compliance by either party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.  You agree and warrant that you will not export or re-export the Software in violation of any export control laws of the United States or of any other country, and agree to indemnify Pearson VUE for any breach of this warranty.
