In return for the use of the software associated with any of the SEAL measures (the “Software”), you hereby acknowledge, and agree to abide by, the following for as long as you utilize the Software or undertake a SEAL measure:
In consideration for your adherence to the provisions of this Agreement, iRT grants you a personal, non-exclusive, non-transferable license to access and use one (1) or more of iRT’s SEAL measures for the sole purpose of accessing and/or completing the SEAL measures.
The Software will be used only by you and/or your employees, agents, assigns, representatives or independent contractors (the “Authorized Users”) as part of overseeing SEAL measures on your behalf and as part of their work duties.
The license granted hereunder is personal to you. Any attempt by you to transfer any of the rights, duties, or obligations hereunder shall be void and shall terminate this Agreement.
You agree to maintain the privacy and security of testing materials before and after testing and to comply with HIPAA, FERPA and SAMHSA as they may be applicable as well as all other applicable federal, state and/or local laws including, among others, those addressing disclosure of health, educational or substance abuse records or requirements for consent to disclose records.
You agree to identify, and provide to iRT upon request, the names of all Authorized Users that access the Software. You agree to use reasonable care in selecting such individuals and shall place appropriate privacy and security restrictions on your Authorized Users.
The information provided in the SEAL measures may be used by iRT to refine the SEAL measures and any reports provided as part of them. For example, information received by iRT may be used to determine the appropriate range of responses and to continue development of norms. For this reason, you agree that any information provided to iRT will either: (i) relate to an actual assessment undertaken by an appropriate individual as part of an appropriate test setting; or (ii) be marked correctly as data relating to a test administered for training purposes. You agree that the information that you disclose in the SEAL measure will be accurate and complete and reflect a test administered and scored exactly as specified in the directions.
Any information disclosed to iRT may be used by iRT to refine its assessments or SEAL measures, to conduct psychometric statistical analyses, for its internal operations or for any other purpose whatsoever that complies with applicable law. iRT shall have no ongoing obligation to you with regard to such information beyond the furnishing of any purchased reports.
To the extent that a SEAL measure refers to any third-party product or service, iRT does not recommend, warrant, or guarantee such product or service. To the extent that a SEAL measure refers to any example company, organization, product, contact information, person, place, or event, such reference is fictional, and no association with any real company, organization, product, contact information, person, place, or event should be inferred.
You agree that iRT is not in any way responsible for any treatment decisions or actions taken or not taken relating to counseling, patient care, utilization management or quality management for any subject of an assessment or other person. You acknowledge that the seal measure is solely provided as an aid to you, and that there is no patient-provider or other relationship of any sort between any subject of any assessment and iRT.
You expressly acknowledge that your use of the software is at your sole risk and that the seal measures are provided “as is” and “as available.” iRT shall not be responsible for any damage to your computer system or loss of data resulting from your use of the software.
iRT, to include its third party service providers, expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
iRT, to include its third party service providers, does not warrant that the software will meet your requirements; that your access to the seal measures will be uninterrupted, timely, secure, or error free; or that the information obtained through the seal measures is reliable or accurate. iRT makes no warranty regarding the results obtained from the use of the software.
iRT, to include its third party service providers, shall not be liable for any indirect, incidental, special, or consequential damages resulting from your use, or inability to use, the software or seal measures; for the cost of obtaining substitute goods and services; or for any damages or loss of profits, use, data, or other intangibles even if iRT has been advised of the possibility of such damages.
You agree that you will use the Software and SEAL measures at all times in compliance with applicable law including, without limitation, copyright law. In no event will you photocopy or otherwise reproduce videotaped or photographic stimuli, response scales, manuals or other materials within, or that are part of, the Software.
You will avoid labeling an individual based on a single test score.
You will administer and score tests exactly as specified in the directions.
You will release results only to authorized persons and in a form in keeping with accepted principles of test interpretation.