Envigilator Terms of Service
Acceptance of Terms
DelMar Software Development provides the Envigilator service ("Service") to you
subject to the following Terms of Service ("TOS"), which may be updated by us
from time to time without notice to you. You can review the most current version
of the TOS at any time on the Envigilator web site.
Description of Service
The service includes the software downloaded from www.Envigilator.com. The purpose
of this application is to aid in the proctoring of electronically-given assessment activities.
Abuse of the system outside of its intended use will result in the user being banned
from the system. This will be at the sole discretion of DelMar Software Development.
You also understand that the service may include certain communications from DelMar Software
Development, such as service announcements, administrative messages, etc., and
that these communications are considered part of the service and you will not be
able to opt out of receiving them.
Proprietary Rights
DelMar Software Development and/or its suppliers, as applicable, retain
ownership of all proprietary rights in the Service and in all trade names,
trademarks and service marks associated or displayed with the Service. You will
not remove, deface or obscure any of DelMar Software Development' or its
suppliers' copyright or trademark notices and/or legends or other proprietary
notices on, incorporated therein, or associated with the Service. You may not
reverse engineer, reverse compile or otherwise reduce to human readable form any
software associated with the Service. Envigilator and and Envigilator.com are Service Marks of
DelMar Software Development, LLC.
Deleting and Modification
We reserve the right in our sole discretion, without any obligation and without any notice
requirement to you, to edit or delete any documents, information or other content appearing
on the Site, including this Agreement.
Injuctive Relief
You acknowledge that any use of the Service contrary to this Agreement, or any
transfer, sublicensing, copying or disclosure of technical information or
materials related to the Service, may cause irreparable injury to DelMar
Software Development, its affiliates, suppliers and any other party
authorized by DelMar Software Development to resell, distribute, or promote
the Service ("Resellers"), and under such circumstances DelMar Information
Technologies, its affiliates, suppliers and Resellers will be entitled to
equitable relief, without posting bond or other security, including, but not
limited to, preliminary and permanent injunctive relief.
No Warranties or Guarantees
You understand and agree that the Service is provided "as is" and DelMar
Software Development, its affiliates, suppliers and Resellers expressly
disclaim all warranties and guarantees of any kind, express or implied,
including without limitation any warranty of merchantability, fitness for a
particular purpose or non-infringement. DelMar Software Development, its
affiliates, suppliers and Resellers make no warranty or representation regarding
the results that may be obtained from the use of the Service, or that the Service
will meet any user's requirements. Use of the Service is at Your sole risk. You will be solely
responsible for any damage to You resulting from the use of the Service. The
entire risk arising out of use or performance of the Service remains with You.
You agree to indemnify, defend and hold harmless DelMar Information
Technologies, its affiliates, officers, directors, employees, consultants,
agents, suppliers and Resellers from any and all third party claims, liability,
damages and/or costs (including, but not limited to, attorneys fees) arising
from Your use of the Service, Your violation of this Agreement or the
infringement or violation by You or any other user of Your account, of any
intellectual property or other right of any person or entity. Without limiting
the foregoing, the Service is not designed or licensed for use in hazardous
environments requiring fail-safe controls, including without limitation
operation of nuclear facilities, aircraft navigation/communication systems, air
traffic control, and life support or weapons systems. Without limiting the
generality of the foregoing, DelMar Software Development, its affiliates,
suppliers and Resellers specifically disclaim any express or implied warranty of
fitness for such purposes.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will DelMar
Software Development or its affiliates, suppliers or Resellers be liable for
any special, incidental, indirect, exemplary or consequential damages whatsoever
(including, without limitation, damages for loss of business profits, business
interruption, loss of business information, or any other pecuniary loss or
damage) arising out of the use of or inability to use the Service, or the
provision of or failure to provide technical or other support service, whether
arising in tort (including negligence) contract or any other legal theory, even
if DelMar Software Development, its affiliates, suppliers or Resellers have
been advised of the possibility of such damages. In any case, DelMar Information
Technologies, its affiliates', suppliers' and Resellers' maximum cumulative
liability and your exclusive remedy for any claims arising out of or related to
this Agreement will be limited to the amount actually paid by You for the
Service (if any) in the previous twelve (12) months. Because some states and
jurisdictions do not allow the exclusion or limitation of liability, the above
limitation may not apply to You.
Choice of Law and Forum
This Agreement shall be governed by and construed under the laws of the State of
Indiana, U.S.A., as applied to agreements entered into and to be performed in
Indiana by Indiana residents. The parties consent to the exclusive jurisdiction
and venue of the courts located in and serving West Lafayette, Indiana.
Waiver and Severability
Failure by either party to exercise any of its rights under, or to enforce any
provision of, this Agreement will not be deemed a waiver or forfeiture of such
rights or ability to enforce such provision. If any provision of this Agreement
is held by a court of competent jurisdiction to be illegal, invalid or
unenforceable, that provision will be amended to achieve as nearly as possible
the same economic effect of the original provision and the remainder of this
Agreement will remain in full force and effect.
Submissions
All suggestions, ideas, notes, concepts and other information you may send to us (collectively,
"Submissions") shall be deemed and shall remain our sole property and shall not be subject to any
obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own
all known and hereafter existing rights of every kind and nature regarding the Submissions and
shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to
the provider of the Submissions.
General Provisions
This Agreement embodies the entire understanding and agreement between the
parties respecting the subject matter of this Agreement and supersedes any and
all prior understandings and agreements between the parties respecting such
subject matter. DelMar Software Development may change the terms of this
Agreement at any time by posting modified terms on the Envigilator website. This Agreement
has been prepared in the English Language and such version shall be controlling
in all respects and any non-English version of this Agreement is solely for
accommodation purposes. All notices or other correspondence to DelMar
Software Development under this Agreement must be sent to following address
for such purpose:
DelMar Software Development, LLC
1281 Win Hentschel Blvd
West Lafayette, IN 47906
Privacy Policy
You agree to the DelMar Information Technology Privacy Policy provided at the Envigilator web
site. Any and all rights and remedies of DelMar Information Technology upon Your
breach or other default under this Agreement will be deemed cumulative and not
exclusive of any other right or remedy conferred by this Agreement or by law or
equity on DelMar Information Technology, and the exercise of any one remedy will
not preclude the exercise of any other. The captions and headings appearing in
this Agreement are for reference only and will not be considered in construing