EDUCATIONAL TESTING SERVICE-2016

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