Terms
and Conditions
Scope
of Agreement
Under
this Agreement, NHSI makes available SWcaliber.com to software
companies, and educational and training institutes. You have ordered
a Fast/Full subscription and designated a prospective employee,
current employee, your student or yourself as a user. As a designated
user, you are eligible for an Individual Subscription to the Service.
By using the Service, you agree to accept your Individual Subscription
and be bound by this Agreement.
We may change this Agreement at any time. We will e-mail you the
notification of changes on the Service. If any of the changes
mentioned are not acceptable, to you, you may terminate your subscription
as described below. Your continued use of the Service, after posting
of any changes, will mean you accept those changes.
Subscription Information
When
you register with SWcaliber.com, you will provide us with accurate
and complete registration information and advise us promptly of
any changes. If you don't, you will be in breach of this Agreement
allowing us to immediately terminate your subscription and use
of the Test. When you register, you will have your own user name
(if the same is not taken by someone already) and password.
Rights
and Responsibilities
Everything
available on this site is referred to as "Materials."
We reserve all rights over the Materials. You may not use any
"Material", except as permitted under this Agreement. You may
not do anything with the Materials except in accordance with the
instructions on the Service. Unless we explicitly give you permission
at the time you access the Materials, you may use and access,
download and copy our Materials (and print out one copy) for your
personal use only. In any event, you must keep all our copyright
and other notices on the Materials. Your subscription and the
privilege that we grant you under this Agreement to use the Materials
are non-transferable and non-assignable.
The software, including any file, image incorporated in or generated
by the software, and data accompanying the software (collectively,
the "Software") are licensed to you by us. You own the
medium on which you record the Software, but we retain full and
complete title to the Software, and all intellectual property
rights therein.
You may not permit another person, except another authorized user
of your subscription, to use your subscription, username, password,
or the Service, directly or indirectly. The Primary Subscriber
is responsible for all use, activities and charges associated
with or arising from your subscription and use of the Service,
including any unauthorized use under the subscription, user name
and/or password. You also may not use, nor allow others to use,
your subscription, user name, password or the Service, directly
or indirectly, to attempt to or actually disrupt, impair or interfere
with, alter or modify the Service or any Material act in a way
that affects or reflects negatively on us, transmit or communicate
any advertising, promotion or application, collect or attempt
to collect any information of others, including passwords, account
or other information.
Trademarks
The
ÒSWcaliberÓ ÒSWcaliberÓ logo, ÒSWcaliber.comÓ, ÒTescaliberÓ, ÒTescaliberÓ
logo, Òtescaliber.com,Ó ÒSATcaliberÓ and ÒACTcaliberÓ are trademarks
of New Horizons Incorporation Limited and its affiliates. All
other trademarks are held by their respective holders.
Communication
services
By
communication services we mean the services provided to you to
get in touch with any other related sites or us.
You shall not upload to, distribute through, or otherwise
publish through the site any content that is derogatory, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity
rights, abusive, illegal or otherwise objectionable or that would
constitute or encourage a criminal offense, violate the rights
of any party, or otherwise give rise to liability or violate any
law. You shall not, without our express approval, distribute or
otherwise publish any material containing any solicitation of
funds, promotion, advertising or solicitation for goods or services.
You hereby indemnify us and our affiliated companies and persons
against any liabilities arising out of a breach of your representations,
including reasonable attorneys' fees.
By uploading materials to any of our services or submitting any
materials to us, you automatically grant to us a perpetual, royalty-free,
irrevocable, nonexclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from
and distribute such materials or incorporate such materials into
any form, media or technology now known or later developed throughout
the world.
We do not represent or endorse the accuracy or reliability of
any advice, opinion, statement or other information displayed,
uploaded or distributed through the services by an subscriber,
information provider or any other person or entity. You acknowledge
that any reliance upon such opinion, advice, statement or information
shall be at your own risk.
Services
We may change, modify, suspend or discontinue any aspect of the
Service at any time, including, without limitation, the availability
of any Service feature, content, hours of availability or equipment
needed to access the Service. We may also impose limits on certain
features or restrict your access to parts or all of the Service
without notice or liability.
Information
about You
SWcaliber.comÕs
Privacy Policy describes our collection and use of personal information.
Disclaimer
We
make an effort to provide you with access to the Test and other
services at all times, but we do not warrant that it will be uninterrupted,
shall be error-free or the server that makes it available are
free of viruses or other harmful components.
Further, we disclaim any responsibility for the accuracy, content
or availability of information found on a site that links to or
from the Service (a "third-party site"). We may offer
links to, or incorporate into the Service, third-party sites that
offer you various products and/or services. We do not guarantee
that you will be satisfied with the services of a third-party
site, and all the transactions you make with them are at your
risk.
Our
Limited Liability
Our
obligation to pay damages in case of any miscommunication or any
kind of damage will be in any event limited to the individual
company subscription.
Governing Law and Interpretation
All
the legal issues pertaining to the site SWcaliber.com would be
dealt in the courts of the United States of America.