I am a representative of a graduate institution and or scholarship/fellowship program (the “GMAT™ Program”) authorized by the Graduate Management Admission Council
GMAC is the sole owner of, and shall retain the entire rights to, any copyrights, trademark, trade secret, and any other proprietary rights in the Score Report Data. GMAC reserves the right to monitor the access and use of the Score Report Data by any Licensee. Licensees shall not transmit any information to GMAC or Pearson VUE that contain viruses, worms, Trojan horses, or other disabling devices, or use spamming, flooding, or other means to interfere with the Score Report website or any GMAC or Pearson VUE user, host, or network.
2. Authorized Users of the Score Report website and Other Score Report Users: Only the Site Administrator and the other Score Report Users designated under the “Manage Users” tab (collectively, “Site Users”) shall have electronic access to GMAT™ score reports. All such Site Users must have been authorized by the GMAT™ Program to access the GMAT™ score reports. In the event that any Site User information changes, the Site Administrator can promptly change the user’s information through the “Manage Users” or “View My Profile” tab. Other Score Report Users may request changes to their profile information by contacting either the Site Administrator or the GMAT™ School Coordinator at email@example.com. The GMAT™ Program is responsible for promptly terminating the access of any Site User whose access to the Score Report website should be terminated for any reason.
For Licensees not receiving the Score Report Data through the Score Report website, the GMAT™ Program is responsible for notifying GMAC of any changes to any Authorized Users or other information contained in the Eligibility Form and ensuring compliance by all Licensees with this Agreement.
3. Protection of PII and Other Information: Authorized Users and other Licensees who have access to GMAT™ score reports are able to access personally identifiable information about prospective graduate management students who have consented to provide their contact information, background, and demographic information, program preferences, and GMAT™ scores to the GMAT™ Program (all such information collectively referred to as “PII”). The PII received or accessed in any form by the GMAT™ Program, its Authorized Users and any other Licensees is sensitive, confidential, and proprietary information. To protect such PII and the privacy of individuals, all Licensees shall comply with this Agreement and applicable laws and regulations related to PII. The GMAT™ Program agrees to download and store the PII and other Score Report Data using procedures that establish reasonable security safeguards to protect such information from unauthorized use, disclosure and misuse. Score Report Data may be disclosed pursuant to court or agency order, provided that the GMAT™ Program or other Licensee provides GMAC™ with prompt notice of the order and an opportunity to resist disclosure if GMAC™ elects to do so. The GMAT™ Program agrees to notify GMAC immediately of any unauthorized use, breach, loss, or disclosure of any Score Report Data by the GMAT™ Program, its Authorized Users, or any Contractor.
4. Compliance with Applicable Law and Policies: The GMAT™ Program and its Authorized Users agree that their access and any other Licensee’s access to and use of any Score Report Data will not violate any applicable laws or regulations, including those concerning privacy and data security. The GMAT™ Program also agrees that the Score Report Data will not be used to discriminate against potential applicants on the basis of race, color, national origin, religion, physical or mental disability, age, sex, or other criteria protected by law, provided that nothing in this Agreement shall prevent the GMAT™ Program from using Score Report Data in connection with a valid and legal affirmative action program that may take such criteria into account to further permissible institutional goals.
5. No Warranty/Limitation of Liability: The GMAT™ Program is solely responsible for all costs, expenses, and damages arising out of its, its Authorized User’s or any Licensee’s access to or use of Score Report Data, including PII, and/or any breach of this Agreement. GMAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. GMAC™ DOES NOT WARRANT THAT USE OF THE SCORE REPORT WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE CORRECT, ACCURATE OR RELIABLE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. GMAC shall not be liable to the GMAT™ Program or any other Licensee for direct, indirect, special, incidental, consequential, or punitive damages of any nature for any reason, whether such liability is asserted on the basis of contract, tort, or otherwise, even if GMAC has been warned of the possibility of such damages. The GMAT™ Program shall have sole responsibility and liability with respect to any and all third-party claims, suits, actions, judgments, liabilities, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable fees for attorneys and other professionals) arising out of, resulting from, or based upon its, its Authorized Users’ or any Licensee’s access to or use of any Score Report Data in violation of this Agreement. The GMAT™ Program shall have sole responsibility for managing the security of all Score Report Data accessed by individuals at or through that GMAT™ Program and notifying GMAC of any unauthorized uses or users.
6. Enforcement: The GMAT™ Program and its Authorized Users and Licensees agree that any use not authorized in this Agreement or any otherwise inappropriate use of Score Report Data is prohibited, and that any violation of this Agreement may, at the discretion of GMAC, result in termination of the right to access score reports.