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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.


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