License Agreement

Welcome to Performance Assessment Network Inc's Internet-based test and survey system. Please review the following License Agreement. You must agree to its terms and conditions before you can use Performance Assessment Network Inc's Internet-based test and survey system. Once you have done so, you will not be shown this agreement again; we encourage you to print a copy of this while viewing.


License Agreement, Terms, and Conditions

  1. License Agreement.

    Performance Assessment Network, Inc. grants to qualified individuals ("You") a non-transferable and non-exclusive license to use the Performance Assessment Network Inc Internet-based test and survey system. The granting of this license is active upon issuance by Performance Assessment Network, Inc. a Performance Assessment Network Inc authorized administrator Username.

  2. Term.

    The term of this license agreement begins on the date on which the Username is issued, and will be continued until terminated by either party. You agree that all registration information is accurate and truthful. You also agree to immediately inform Performance Assessment Network, Inc. of any changes in the status of your Registration Information that may affect your eligibility as a Performance Assessment Network Inc authorized administrator.

  3. Orders and Payment.

    Orders for test and survey products during the term of this agreement are subject to acceptance by Performance Assessment Network, Inc. and will be fulfilled subject to the terms and conditions of this agreement. You agree to accept billing for all applicable charges for Performance Assessment Network Inc products at the time of order, together with any applicable taxes. Charges are due and payable in full within fifteen (15) days of order placement. Interest will be assessed on all delinquent payments at the rate of 1.5% per month (18% A.P.R.) together with any court costs, attorney's fees, and costs of collection Performance Assessment Network, Inc. may incur enforcing the terms of this agreement. Performance Assessment Network, Inc. reserves the right to suspend ordering privileges and/or to terminate this license agreement in the event of sustained or multiple failures to pay charges in a timely fashion. Unused and unassigned instruments may be returned within 12 months from the date of purchase and refunds will be issued and will be subject to a 25 percent restocking fee. Returns will not be accepted after 12 months.

  4. Proper Administrator of Products.

    You agree to use Performance Assessment Network Inc products within the scope of your training and professional competence and in a manner consistent with their intended use. Your accessing clinical instruments certifies that you have the necessary clinical certification and training to do so. Your use of Performance Assessment Network Inc products for human resource and pre-employment screening implies that you have full and current knowledge of the Equal Employment Opportunity Commission (EEOC) Uniform Guidelines on Employee Selection Procedures and employment law. You also agree that any tests or surveys you purchase from Performance Assessment Network, Inc. will be used by you or under your direct supervision in a manner consistent with all professional, ethical, and regulatory guidelines and standards.

  5. Protection of Test and Survey Products.

    Tests, surveys, reports, and delivery mechanisms on Performance Assessment Network Inc's Internet-based test and survey system are the proprietary property of Performance Assessment Network, Inc., and title to the products and all intellectual property rights protecting the products remains with Performance Assessment Network, Inc. You agree to take diligent and reasonable steps to keep the products and processes confidential and free from unauthorized access or use, and not to divulge, provide, or make the products available to a third person, unless said person is under your direct professional supervision. Further, you may not assign, convey, sublicense, or otherwise transfer this agreement or any right, license, or privilege to the products to another party.

    You agree not to copy, duplicate, download, or otherwise disseminate test or survey products without the explicit written permission of Performance Assessment Network, Inc. You further agree not to modify or alter the physical or electronic characteristics of Performance Assessment Network Inc tests, surveys, reports, or any aspect of the Performance Assessment Network Inc electronic environment, and to not be party to any attempt to dismantle, reverse engineer, or electronically intrude into Performance Assessment Network Inc proprietary systems.

    Except as provided in section 6 of this agreement, you agree to indemnify and hold Performance Assessment Network, Inc. and its testing content suppliers harmless against claims, liabilities, demands, damages, costs, or expenses, including attorney’s fees and expenses, arising from or in connection with your use of Performance Assessment Network Inc products and/or your failure to perform the other terms of this agreement.

  6. Warranty.

    Performance Assessment Network, Inc. warrants that neither the products nor the Performance Assessment Network Inc proprietary system in their standardized form, nor their normal professional use will infringe upon any United States patent, copyrights, or trademarks existing at the time of the product delivery. You agree to promptly inform Performance Assessment Network, Inc. of any such potential infringement claim, including any arising outside of the U.S. Performance Assessment Network, Inc. agrees to indemnify and hold you harmless from and against such claims provided you have met the other terms and conditions of this agreement. If such an infringement claim arises, Performance Assessment Network, Inc. will furnish you with non-infringing replacement products or terminate this agreement in whole or part by crediting any ordered but unused products relative to the potential claim. Performance Assessment Network, Inc. makes no other warranties with respect to Performance Assessment Network Inc products.

    With respect to any goods provided to you under this agreement, Performance Assessment Network, Inc. disclaims any and all warranties, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. If the goods sold pursuant to this agreement are defective, your sole and exclusive remedy shall be the replacement or repair, at the option of Performance Assessment Network, Inc., of the defective goods.

    Each assessment product purchased on Performance Assessment Network Inc entitles you to one test session. The test session enables one administration and report for the product ordered and is valid for a period of twenty-four months from the time of purchase.

  7. Termination.

    Either party will have the right to terminate this agreement if the other party breaches any of its obligations and fails to remedy same within 15 days after receipt of notification of breach, except that there is no remedy period for breach of Performance Assessment Network, Inc. rights under sections 4 and 5 of this agreement.

  8. Liability.

    Liability of Performance Assessment Network, Inc. for loss or damage relating to this agreement or your use or inability to use Performance Assessment Network Inc and its products shall be limited to the charges paid by you for the products involved. In no event will Performance Assessment Network, Inc. be liable to you for any claim made against you by any party or for any claim made by you for lost business or profits, or for indirect, special, or consequential damages.

  9. General.

    This agreement is governed by the laws of the State of Indiana. It constitutes the complete agreement between you and Performance Assessment Network, Inc. regarding your status as an authorized administrator and Test Administrator of Performance Assessment Network Inc. The parties further agree that any suit brought by either party arising out of or relating to this agreement or use of any Performance Assessment Network Inc test or survey shall only be brought in a court located in Marion County, Indiana.

    Submitted by agreement to these terms and conditions for acceptance by Performance Assessment Network, Inc.