End User License Agreement

2.1 License Grant

Subject to the terms of this Agreement, Licensor grants you a non-exclusive, non-transferable, revocable license to use the Software solely for your internal business or educational purposes.

2.2 Permitted Uses

• Install and use the Software on devices you own or control
• Use the Software for proctoring examinations and assessments
• Create backup copies for archival purposes
• Use the Software in accordance with its documentation

2.3 License Restrictions

You may NOT:

• Distribute, sell, lease, rent, or sublicense the Software
• Reverse engineer, decompile or disassemble the Software
• Remove or modify any proprietary notices or labels
• Use the Software for illegal or unauthorized purposes
• Share your license with third parties
• Create derivative works based on the Software

2.4 Reservation of Rights

All rights not expressly granted to you in this Agreement are hereby reserved by Licensor. No other licenses, whether express or implied, are granted by implication, estoppel, or otherwise.

3.1 Installation

You may install the Software by following the instructions provided at the download link. After installation, the Software will integrate with your Moodle^TM LMS.

3.2 Support Period

Your purchase includes twelve (12) months of technical support from the date of purchase.

3.3 Updates and Maintenance

• Free software updates and patches during the support period
• Bug fixes
• Access to updated documentation

4.1. Your Data

You retain full ownership of all data collected, processed, or stored using the Software including but not limited to:

• Examination recordings and images
• Student information and assessment data
• Proctoring reports and analytics
• Configuration settings and preferences

4.2. Data Processing

The Software processes data locally on your system. The Software does not access, collect, or store your proctoring data unless explicitly authorised by you for support purposes.

4.3. Data Security

You are responsible for implementing appropriate security measures to protect data processed by the Software.

5.1. Ownership

Licensor retains all rights, title, and interest in and to the Software, including copyrights, trademark, and other intellectual property rights. This Agreement does not transfer ownership of the Software to you.

5.2. Logos

ProctorLink, ProctorLink Lite, and associated logos are property of Take2 Technologies. You may not use these without prior written consent.

5.3. Feedback

If you provide any ideas, improvements, enhancements, or suggestions (“Feedback”) concerning the Software, Licensor may use or incorporate such Feedback without obligation to you. You hereby assign (or agree to assign) to Licensor all right, title, and interest in any Feedback you provide.

6.1. "AS IS” Basis

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR ARISING BY CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

6.2. No Guarantee

Licensor does not guarantee that the Software will be error-free, uninterrupted, or fully compatible with all hardware and software configurations. You assume full responsibility for selecting the Software to achieve your intended results.

7.1. Exclusion of Certain Damages

IN NO EVENT SHALL LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2. Cap on Direct Damages

LICENSOR’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE SOFTWARE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

8.1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Bhilwara, Rajasthan, India, without regard to its conflict of law principles.

8.2. Dispute Resolution

Any dispute arising out of or relating to this Agreement or the Software shall be resolved through the courts of Bhilwara, Rajasthan, India.

Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us. If we are unable to resolve the dispute within thirty (30) days, either party may proceed with formal resolution methods.

9.1. Legal Compliance

You agree to use the Software in compliance with all the applicable laws, regulations and institutional policies.

9.2. Prohibited Uses

You may not use the Software:

• To violate any person’s privacy or other rights
• For discriminatory or harassing purposes
• To collect data from minors without proper consent
• In any manner that could damage Licensor’s reputation

10.1. Term

This Agreement is effective upon the date you install or use the Software and continues until terminated as provided herein.

10.2. Termination by Licensor

Licensor may terminate this Agreement immediately if:

• You breach any term of this Agreement and fail to cure such breach within thirty (30) days of Licensor’s written notice.
• You become subject to any bankruptcy, insolvency, or similar proceeding.

10.3. Termination by You

You may terminate this Agreement at any time by permanently deleting all copies of the Software and any associated documentation from your system.

10.4. Effect of Termination

Upon termination, all rights granted to you under this Agreement immediately cease, and you must uninstall and delete all copies of the Software.

12.1. Severability

If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect, and such invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it enforceable.

12.2. Entire Agreement

This Agreement constitutes the entire agreement between you and Licensor concerning the Software, superseding all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software.

12.3. Amendments

Licensor may modify this Agreement at any time by posting a revised version at www.proctorlink.com. The revised Agreement becomes effective on the date it is posted. Your continued use of the Software after any such changes constitutes your acceptance of the new Agreement.

12.4. Assignment

You may not assign or transfer your rights or obligations under this Agreement without Licensor’s prior written consent. Licensor may assign this Agreement in whole or in part without restriction.

12.5. No Waiver

No failure or delay by Licensor in exercising any right hereunder shall operate as a waiver of such right or any other rights under this Agreement.

12.6. Notices

All notices under this Agreement must be in writing and sent via email to support@proctorlink.com (for Licensor) or to the email address you provided at the time of purchase (for notices to you).