EDUCATIONAL TESTING SERVICE-2016

Home Browse Search

Test Administration Agreement, page S City of Santa Ana MOU Agreement shall continue in effect and be duly observed and complied with by both Parties until the effective date of termination of the Agreement. 9. Test Security and Verification The Test Center agrees that it will return all used and unused test booklets and other designated Test Materials marked as "SECURE" to ETS at the conclusion of each testing year. Used paper-based answer sheets will be returned to ETS within 24 hours of a Test Taker's completion of the Test. The Test Center agrees to abide by all ETS security measures that are part of the HiSET Program, including control of electronic devices such as cameras and smart phones. All Test Materials must be handled in strict accordance with the instructions in the HiSETProgram Guide and the statements in the HiSETAgreement and Affidavit. The Test Center warrants that every person at the Test Center who has access to the Test Materials shall maintain the security and confidentiality of the Test Materials. The Test Center further acknowledges said agrees that it will not copy or reproduce Test Materials. 10. Compliance with Laws The Test Center agrees that, throughout the Term of this Agreement, it will abide by all applicable district, local, state, Federal, and/or community laws, including without limitation laws applicable to Test Takers with disabilities, and will obtain and maintain in effect any and all necessary authorizations, licenses, and permits for the provision of services hereunder. 11. Confidentiality, 11.1 All financial, statistical, personal, technical, and other data developed or used by the Parties in carrying out the services ander this Agreement will be protected from unauthorized use and disclosure. The Parties agree to protect each other's Confidential Information using the same degree of care, but no less than a reasonable degree of care, that it would when protecting its own Confidential Information of a like nature. 11.2 The Test Center agrees to protect the privacy of the confidential personally identifiable information contained in the Test Taker Data such as, but not limited to, names, addresses, telephone numbers, dates of birth, test scores, and any other information provided by the Test Takers in strictest confidence, in accordance with the requirements of the Family Educational Rights and Privacy Act (FERPA) (20 U.S,C. § 1232g; 34 CFR Part 99), the Federal law that protects the privacy of student education records. 2. Owners h p. 12.1 The Test Center understands and acknowledges that ETS retains ownership of all right, title and interest in and to the ETS Proprietary Materials and the ETS-owned Technologies, including all associated Intellectuai Property Rights therein. 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 are granted to the Test Center under this Agreement. The Test Center acknowledges that access to the Test Materials is granted for a limited time ending five (5) days after the close of the Test Center's designated test date, at which time all materials must be returned to Inbound Processing Center, 200 Ludlow Drive, Ewing, NJ 08638, All Test Materials provided under this Agreement are owned and copyrighted by ETS. The Test Center will adhere to all security guidelines provided in Section 9 herein, 12.2 The Test Center understands and acknowledges that the State retains ownership of all right, title and interest in and to the Test Taker Data. 12. No Modifications.