Paragon™ Testing Enterprises
1. Eligibility: You may use the SIVS and Test Taker Data only if you have been authorized to do so by an organization, institution or other person (the “Authorizing Organization”) that has been authorized by Paragon to access and use the SIVS and Test Taker Data pursuant to a valid and subsisting written agreement between the Authorizing Organization and Paragon (the “Access Agreement”). Your permission to use the SIVS is subject to expiration, termination or suspension by either of the Authorizing Organization and Paragon as they consider appropriate in their sole discretion without any notice or liability to you.
4. Registration Numbers: Access to certain Applicant Data through the SIVS requires the use of an alphanumeric code provided by the relevant Applicant to the Authorizing Organization for use by the Authorizing Organization (a “Registration Number”) or by entering a First Name, Last Name and Date of Birth to access the Applicant’s Applicant Data through the SIVS. You acknowledge that each Applicant’s Registration Number is the confidential information of the Applicant. You will keep each Registration Number secure and confidential at all times, not permit any other person to use a Registration Number, and immediately notify the Authorizing Organization and Paragon if you know or suspect that any Registration Number has become known to or used by any other person.
5. Credentials: To use the SIVS, you will be required to use a unique user name, password and other authentication information (collectively “Credentials”). Your Credentials are specific to you and may not be shared with or transferred to any other person. You will keep your Credentials secure and confidential at all times. You will not permit any other person to use your Credentials, and you will immediately notify the Authorizing Organization and Paragon if you know or suspect that your Credentials have been used by any other person. Paragon may act upon any communication that is given using your Credentials. Paragon is not required to verify the actual identity or authority of a person using your Credentials, but Paragon in its discretion may at any time require verification of your identity when you seek to access and use the SIVS and may deny access to and use of the SIVS if Paragon is not satisfied with the verification. If Paragon in its discretion considers your Credentials to be unsecure or to have been used inappropriately, then Paragon may immediately cancel your Credentials without any notice to you. You may be required to change your Credentials from time to time.
7. Disclaimers/Liability Exclusion/Indemnity: All of the disclaimers and liability exclusions set out in the Access Agreement apply to you and your use of the SIVS and Test Taker Data as if all references in those provisions to the Authorizing Organization were references to you. You may obtain a copy of those provisions from the Authorizing Organization.
8. Ownership/Proprietary Rights: Paragon and its suppliers and licensors will at all times solely own and retain all rights, title and interests (including all intellectual property rights) throughout the world in, to and associated with the SIVS and all related technologies and infrastructure and all Test Taker Data. You will not acquire any right, title or interest in, to or associated with the SIVS or any related technologies or infrastructure or any Test Taker Data.
10. Feedback: If you give to Paragon or any of Paragon’s personnel any feedback (including ideas or suggestions for enhancements or improvements) about the SIVS or Test Taker Data, then Paragon and its licensors and their respective successors, assigns and licensees may use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person.