Carefully read these Terms of Use for online assessment Takers (this “Agreement”), which constitute a binding agreement between you and IRIS Invigilation with respect to your use of IRIS Invigilation software (“Software”). You consent and agree to be bound by this Agreement (including the disclaimers and limitations of liability below) by using any Software, whether accessed online or downloaded to a computer. If you object to any part of this Agreement, do not download, install or access the Software, immediately discontinue all use of the Software, and notify your system administrator. Please note that some students may be required by their school/course/instructor/online assessment service to use the IRIS Invigilation software while taking online assessments remotely, so that your refusal to accept these terms may result in a requirement that you must travel to take one or more online assessments in a monitored location.
You may not use, copy, modify, transfer or export the Software, except as, and if, expressly provided in this Agreement.
1. Right of Use. The Software is intended for use solely in conjunction with the online assessment or online assessment(s) (each a “Online assessment”) your online assessment administrator (e.g., educational institution, employer or online assessment service) has arranged for you to take on one computer that you own or otherwise have the right to use (the “Hardware”). Subject to the terms and conditions of this Agreement, IRIS Invigilation hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable right to use the Software solely for purposes of taking the online assessment on the Hardware. This right of use granted to you under this Section 1 will automatically terminate if you fail to comply with the terms and conditions of this Agreement. IRIS Invigilation reserves the right to require you to create an account or otherwise sign up and authenticate your identity prior to allowing you to access the Software. You agree to secure and protect any account or other personal log-in information from use by any other person.
2. Data Collected. You acknowledge and agree that the Software is intended to monitor your performance on the online assessment you are taking (the “Service”) via the camera, microphone, keyboard, mouse and other features of the Hardware to deter prohibited behaviour and provide a invigilation report (collectively, “Invigilation Results”). You understand and agree that to be able to provide the Service, we need to collect and use the invigilation information and certain technical and related information regarding your Hardware (“Hardware Identification Data”). By downloading or otherwise accessing the Software, you grant us a license and permission to retrieve, store and use related data for the sole purposed of invigilation an online examination. Refer to IRIS Invigilation Privacy Policy – https://www.irisinvigilation.com/privacy-policy/
3. Use Restrictions. You may not use the Software except as permitted under Section 1 (Right of Use), or for any purpose that is unlawful or violates this Agreement. Additionally, you may not (a) authorize or permit use of the Software by anyone other than yourself; (b) copy, market or distribute the Software; (c) assign, sublicense, sell, lease or otherwise transfer or convey, or pledge as security or otherwise encumber, your rights under Section 1 above; (d) use the Software in any time-sharing or service bureau arrangement, including, without limitation, any use to provide services for the benefit of, or on behalf of, any third party; (e) modify or create any derivative works of the Software (or any component thereof); (f) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Software is compiled or interpreted, and you hereby acknowledge that nothing in this Agreement shall be construed to grant you any right to obtain or use such source code; or (g) upload or transmit any form of virus, worm, Trojan horse, or other malicious code through the Software, or interfere with or disrupt any servers or networks connected to the Software or used to provide the Service; or (g) disclose the contents of the Software unless authorized to do so by IRIS Invigilation in writing. You may not use IRIS Invigilation’s name or other trademarks without the prior written approval of IRIS Invigilation. You may not cover your face during the use of this software, and covering your face during an online assessment will lead IRIS Invigilation to report you as a low trust online assessment taker.
4. No Tampering. You may not tamper with any features or functions of the Software or the Hardware, including, without limitation, the camera, microphone, keyboard, or mouse of the Hardware, to obstruct or otherwise interfere with the Service, or distort, impair or modify Performance Data. If any such tampering is suspected, whether intentional or due merely to a malfunction of the Hardware, IRIS Invigilation will report you as a low trust online assessment taker to your online assessment administrator. The online assessment administrator will determine in its discretion whether your online assessment results will be accepted and take any other action deemed appropriate by such online assessment administrator (by way of example and not limitation, re-online assessment).
5. IRIS Invigilation’s Role. The Service is provided for the benefit of your online assessment administrator, to provide the online assessment administrator with objective Performance Data that can be used to evaluate the reliability of your online assessment results. Use of the invigilation data is entirely within the discretion of the online assessment administrator, and you should direct any questions or concerns regarding such use to your online assessment administrator. IRIS Invigilation has no responsibility or liability with respect to the use of any invigilation data.
6. Privacy. This Agreement incorporates the terms of our Privacy Policy posted at: www.irisinvigilation.com/privacy-policy/ Please read the policy carefully so you understand how we use may your personal information.
7. Ownership. Subject to the limited right granted to you in Section 1, IRIS Invigilation retains all right, title and interest in and to the Software and all associated intellectual property rights, including without limitation any related patents, patent applications, copyrights, trademarks or trade secrets. You acknowledge that you neither own nor acquire any other rights in the Software or any associated intellectual property rights. IRIS Invigilation reserves all rights in the Software not expressly granted to you in this Agreement.
8. Disclaimers. THE SOFTWARE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IRIS INVIGILATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. NO WARRANTY IS MADE BY IRIS INVIGILATION ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CERTAIN COUNTRIES/STATES MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IRIS INVIGILATION DOES NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH SOFTWARE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR ANY LINKED COMPUTER SYSTEM, OR ANY LOSS OF DATA THAT MAY RESULT.
9. Limitations on Liability. To the fullest extent permitted by applicable law, in no event shall Examify or its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation damages for lost profits, data, or other intangibles, arising from or relating to your use of or inability to use the Service.
10. Indemnification. You agree to indemnify, hold harmless and, at IRIS Invigilation’s option, defend IRIS Invigilation (including its affiliates and their officers, directors, employees, agents, licensors and vendors) and the online assessment administrator from and against all damages, liabilities, and expenses, including reasonable attorneys’ fees, resulting from any violation of this Agreement.
11. Applicable Law. This Agreement will be governed by the laws of Western Australia, AUSTRALIA, without reference to conflicts of laws principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. For purposes of all claims brought under this Agreement, each of you and IRIS Invigilation hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts located in Perth, Western Australia AUSTRALIA.
12. Export Controls. The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported into any country to which Australia has embargoed goods. By downloading or using the Software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
13. General Terms. You may not transfer, assign or delegate your rights or obligations under this Agreement. Any attempt to do so shall be null and void. You acknowledge that IRIS Invigilation will have the right to seek an injunction if necessary to prevent a breach of your obligations under this Agreement. In the event that IRIS Invigilation prevails in any proceeding or lawsuit brought by either you or IRIS Invigilation in connection with this Agreement, IRIS Invigilation will be entitled to receive its costs, expert witness fees and reasonable legal fees, including costs and fees on appeal. Except as expressly provided in this Agreement, waiver of a breach of or right hereunder will not constitute a waiver of any other or subsequent breach or right. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement and the Privacy Policy incorporated into this Agreement constitute the entire agreement, understanding and representations, expressed or implied, between you and IRIS Invigilation with respect to the subject matter described in this Agreement. This Agreement may not be amended or modified without IRIS Invigilation’s written consent.