EXTEGRITY LICENSE AGREEMENT FOR INSTRUCTORS, ACADEMIC INSTITUTIONS, PROFESSIONAL LICENSING BODIES AND OTHER EXAMINERS
By installing Extegrity Exam2™, Exam4™ (whether labeled "Exam4" or "Exam 4.0™"), ExamOpener™, ExamReceiver™, and/or any other Extegrity branded software (collectively or separately "Extegrity software"), as executed by an instructor, administrator, or any other authorized representative of the institution, body or other organization on behalf of the institution, including by any affiliate, person, partnership, joint venture, corporation, or other form of enterprise, domestic or foreign, including but not limited to subsidiaries, that directly or indirectly, control, are controlled by, or are under common control with the institution ("Customer"), Customer agrees to be bound by these terms:
LICENSE — Extegrity Inc. ("Extegrity") grants Customer the right to install and use Extegrity software for internal evaluation purposes only, or, upon acceptance of both this Agreement and a separate licensing offer, for academic/professional examinations or coursework. Distribution of Exam2 or Exam4 examinee software components is under a separate license between examinees and Extegrity, and may be seen on the exam4.com website or a separate EXTEGRITY LICENSE AND CONFIDENTIALITY AGREEMENT. Release of Extegrity software to any other party is prohibited. Copies of Extegrity software marked "evaluation" or otherwise provided expressly as an evaluation version, may not be used except for evaluation purposes and expressly not for real exams, without the written consent of Extegrity.
COPYRIGHT AND COPYING — Extegrity software is owned by Extegrity and protected by United States copyright law. Customer may not decompile, disassemble, translate or create any derivative work based on Extegrity software, nor create any copy of it for any reason, nor transfer it to any other person or entity, without the written permission of Extegrity.
LIMITATION OF LIABILITY — In no event will Extegrity, its managers, members, partners, employees, or affiliates be liable to Customer, including its affiliated students, examinees or other end users, for any consequential, incidental or indirect damages arising out of loss of data, or the use or inability to use Extegrity software or accompanying documentation.
EXPORT RESTRICTION — Customer agrees to assure that neither Extegrity software nor any direct product thereof is exported, directly or indirectly, in violation of relevant export laws and regulations of the United States, and Customer agrees to comply fully with such laws.
VENUE — This license and any contract that includes the terms of this license shall be governed by the law of the State of California. Any legal action or proceeding relating to this license or any contract that includes the terms of this license shall be instituted in the State of California, County of San Francisco.
ENTIRE AGREEMENT; MODIFICATIONS — This Agreement supersedes all prior agreements, written or oral, between Extegrity and Customer, and shall constitute the entire Agreement and understanding between the parties with respect to the subject matter hereof. The Agreement and each of its provisions shall be binding upon the parties and may not be waived, modified, amended or altered except by a writing signed by both parties.
SEVERABILITY — If any provision of this license is held to be invalid or unenforceable, the remaining provisions will remain in full force.
EXTEGRITY LICENSE AGREEMENT FOR STUDENTS, PROFESSIONAL LICENSING EXAMINEES AND OTHER USERS
By installing Extegrity Exam2™, Exam4™, Exam4 DocumentViewer™, or any other Extegrity branded software (collectively or separately "Extegrity software"), as executed by a student, examinee, or any other user of Extegrity software ("User"), User agrees to be bound by these terms:
LICENSE — Extegrity Inc. ("Extegrity") grants a) students attending an academic institution currently evaluating Extegrity software under the terms of the EXTEGRITY LICENSE AGREEMENT FOR INSTRUCTORS, ACADEMIC INSTITUTIONS AND PROFESSIONAL LICENSING BODIES AND OTHER EXAMINERS on the exam4.com website or a separate EXTEGRITY LICENSE AND CONFIDENTIALITY AGREEMENT, the right to install and use Extegrity software for internal evaluation purposes only. Extegrity grants students attending an academic institution or examinees taking a professional licensing exam currently using Extegrity software under the terms of the EXTEGRITY LICENSE AGREEMENT FOR INSTRUCTORS, ACADEMIC INSTITUTIONS AND PROFESSIONAL LICENSING BODIES AND OTHER EXAMINERS on the exam4.com website or a separate EXTEGRITY LICENSE AND CONFIDENTIALITY AGREEMENT, the right to install and use Extegrity software for academic exams or professional licensing exams. Release of Extegrity software to any other party is prohibited. Copies of Extegrity software marked "evaluation" or otherwise provided expressly as an evaluation version, may not be used except for evaluation purposes and expressly not for real exams, without the written consent of Extegrity.
COPYRIGHT AND COPYING — Extegrity software is owned by Extegrity and protected by United States copyright law. You may not decompile, disassemble, translate or create any derivative work based on Extegrity software, nor create any copy of it for any reason, nor transfer it to any other person or entity, without the written permission of Extegrity.
LIMITATION OF LIABILITY — In no event will Extegrity, its managers, members, partners, employees, or affiliates be liable to User for any consequential, incidental or indirect damages arising out of loss of data, or the use or inability to use Extegrity software or accompanying documentation.
EXPORT RESTRICTION — User agrees to assure that neither Extegrity software nor any direct product thereof is exported, directly or indirectly, in violation of relevant export laws and regulations of the United States, and you agree to comply fully with such laws.
VENUE — This license and any contract that includes the terms of this license shall be governed by the law of the State of California. Any legal action or proceeding relating to this license or any contract that includes the terms of this license shall be instituted in the State of California, County of San Francisco.
ENTIRE AGREEMENT; MODIFICATIONS — This Agreement supersedes all prior agreements, written or oral, between Extegrity and User, and shall constitute the entire Agreement and understanding between the parties with respect to the subject matter hereof. The Agreement and each of its provisions shall be binding upon the parties and may not be waived, modified, amended or altered except by a writing signed by both parties.
SEVERABILITY — If any provision of this license is held to be invalid or unenforceable, the remaining provisions will remain in full force.