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Test Administration Agreement, page 2 <br />City of Santa Ana MOU <br />in the United States or any other country; (iii) trade secrets or any data or information which <br />provides value or a competitive advantage to its holder by not being publicly known; and (iv) <br />patents, patent applications, continuations, divisionals, reexaminations, reissues, continuations - <br />in -part, and foreign equivalents of the foregoing, in the United States or any other country. <br />1.9 "PBT" is an acronym for paper-based testing or the delivery of a HiSET test via paper format. <br />1.10 "Returnable Test Materials" shall mean the paper version of all used and unused test booklets <br />and answer sheets for the HiSET . <br />1.11 "Sales Tax" shall mean State and local sales, use or similar tax. <br />1.12 "Term" shall have the meaning specified in Section 8.1 hereof. <br />1.13 "Test(s)" shall mean the ETS-owned and copyrighted HiSET, developed and provided by ETS in <br />paper and/or electronic format for use in the high school equivalency testing program in the <br />State. <br />1.14 "Test Administrator" shall mean any staff member responsible for administering the Test at the <br />Test Center. <br />1.15 "Test Materials" shall mean all HiSET test materials, including test booklets, test items, reports, <br />data, answer sheets, and related materials including administration instruction manuals and <br />directions provided to the Test Center by ETS in print, electronic, or other format. <br />1.16 "Test Taker(s)" shall mean the individual(s) sitting for a HiSET at the Test Center. Other titles <br />for the Test Taker may be examinee or candidate. <br />1.17 "Test Taker Data" shall mean any and all information obtained/accessed by, or disclosed to the <br />Test Center about the Test Taker, including (i) information regarding a Test Taker's name, <br />addresses, or other personally identifiable information (e.g., passport or social security numbers); <br />(ii) any list or grouping of Test Takers, regardless of whether such list also includes publicly <br />available information, and (iii) test scores. <br />2. Grant of Rights; Restrictions on Use. <br />ETS hereby grants to Test Center a nonexclusive, nontransferable, limited right to use the Test Materials <br />made available to it by ETS in PBT and/or CBT formats, solely for the administration and delivery of the <br />Test to Test Takers in the state. Test Center is granted the right to provide access to the Test Materials to <br />Test Administrators for the sole purpose of administering the Test. Except as otherwise expressly set forth <br />in this Section 2, Test Center shall not copy, reproduce, share, distribute, disclose, or create derivative <br />works from any of the Test Materials provided to the Test Center under this Agreement, or otherwise <br />provide access to, or use of such Test Materials to any third party for any purpose. Test Center <br />acknowledges that except for the right to use the Test Materials in accordance with the terms of this <br />Agreement, no proprietary rights in or to the Test Materials is granted to the Test Center under this <br />Agreement. Test Center acknowledges that access to the Test Materials is granted for a limited time <br />period, which shall end immediately after the Test Taker's scheduled testing period, at which time all used <br />answer sheets must be immediately shipped to ETS in New Jersey using the pre-printed shipping materials <br />and pre -paid return labels. Test Center has one full year to utilize the test booklets/forms for that year. <br />Test Center must return all used and unused test booklets to ETS at the conclusion of the testing year. All <br />Test Materials provided under this Agreement are owned and copyrighted by ETS. Test Center will <br />adhere to all security guidelines provided in Section 9, and all obligations regarding the receipt, <br />monitoring and return of Test Materials as specified in Section 4 and in the RUET Program Guide. <br />3. Test Center Obligations. <br />3.1 Test Center warrants and represents that it has been approved by the State to administer and <br />deliver the Test and will: <br />a. Meet or exceed the State's minimum qualifications for a state -approved test center; <br />b. Meet ETS's qualifications for offering oomputer-based testing (if the site is offering <br />oomputer-based testing); <br />c. Have access to the ETS HiSET web -based portal to schedule and view Test Takers; <br />it. Store and administer the ETS-owned and proprietary paper-based Test in a secure testing <br />environment; <br />