Perspective™ 06/01/07

YOU ARE REQUIRED TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you (referred to as "You" or "Your") agree to the terms and conditions listed on this page. If You do not agree to these terms and conditions of use, You are prohibited from using this site. Pearson Educational Measurement, a business of NCS Pearson, Inc., reserves the right, at its discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Your continued use of the PERSPECTIVE™ WEBSITE following the posting of changes to these terms and conditions (including the Privacy Policy below) will constitute Your acceptance of those changes.

RESTRICTIONS ON USE OF MATERIALS
This site is operated by Pearson Educational Measurement, a business of NCS Pearson, Inc. (collectively referred to as "Pearson Educational Measurement," "Pearson," "we," "us," or "our" herein). No material from PERSPECTIVE WEBSITE or any website owned, operated, licensed, or controlled by Pearson may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that You may download one copy of the materials on any single computer for Your internal organizational use only, provided that (i) You keep intact all copyright and other proprietary notices, and (ii) You make no modifications to the materials. All trademarks, service marks, and trade names are proprietary to Pearson Educational Measurement or the third party owner of such mark or name and in any case must not be copied or replicated unless with the permission of and subject to the requirements of the owner.

In the event You download software (including any files, images incorporated in or generated by the software, and data accompanying the software), information, or materials from this site (collectively, the "Materials") the Materials are thereby licensed to You by Pearson. Pearson does NOT transfer title to the Materials to You. You retain the rights You may have to the medium on which the Materials are recorded, but Pearson retains full and complete title to the Materials, and all intellectual property rights therein. You may not, and You agree not to, redistribute, disclose, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Materials to a human-readable form.

SUBMISSIONS
Pearson welcomes Your comments regarding Pearson products, including Pearson online services. However, Pearson does not want to receive confidential or proprietary information from You through its website or otherwise. You agree and confirm that any information that Pearson receives through its website, other than Your personally identifiable information, as explained in Pearson's Privacy Policy, will be deemed to be and is intended by You to be NON-CONFIDENTIAL. It is the intent of this policy to avoid the possibility of future misunderstandings. We do value Your non-confidential feedback on our services and products, but we require and You agree You will be specific in Your comments on those services and products, and You will not submit any creative ideas, suggestions, materials, or any information that You consider to be confidential or proprietary.

If at our request You send certain specific submissions (e.g., pre-ID files) or, despite our request that You not send us any other creative materials, You send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), You unconditionally agree that the Submissions shall be deemed, and shall remain, the property of Pearson. None of the Submissions shall be subject to any obligation of confidence on the part of Pearson, and Pearson shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Pearson shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PEARSON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEARSON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEARSON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PEARSON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

INDEMNIFICATION
SOME PARTS OF THIS SITE MAY REQUIRE A PASSWORD AND/OR USERNAME FOR ACCESS. IN THAT EVENT, YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT AND AGREE TO INDEMNIFY, DEFEND, AND HOLD PEARSON HARMLESS FOR ANY LIABILITY OR EXPENSE ARISING FROM SUCH USE OR MISUSE. YOU AGREE TO IMMEDIATELY NOTIFY PEARSON OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR INJURIES CAUSED BY: NEGLIGENCE, ANY FAILURE OF PERFORMANCE, ERROR, OMISSIONS, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, SHALL PEARSON, ITS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE INCLUDING SPECIFICALLY, BUT NOT EXCLUSIVELY, ANY AND ALL LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF PEARSON OR A PEARSON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PEARSON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. YOU ASSUME ALL RESPONSIBILITY FOR DATA BACK UP AND VIRUS PROTECTION AS YOU DEEM APPROPRIATE.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent immediately to NCS Pearson, Inc., Office of General Counsel, 5601 Green Valley Drive, Bloomington, Minnesota 55437. See NON-INFRINGEMENT.

LINKING
This website may from time to time contain links to third-party websites. It may also be linked with other websites, either with or without the consent of Pearson. In either case, the linked (or linking) websites are not under the control of Pearson and Pearson is not responsible for the content of any linked website or any link contained in a linked website. Pearson reserves the right to terminate any link or linking program at any time. Pearson does not endorse companies, institutions, organizations, or products to which it links (or is linked). If You decide to access any of the third-party websites linked to this website, or if You link to this website from some other website, You do this entirely at Your own risk.

If You link to another website, You are leaving the Pearson website. By providing this linking service Pearson is not undertaking any responsibility or liability for the information or publications of third parties on the internet even if You access them through these pages.

TERMINATION
These terms and conditions are effective so long as You use this site or until terminated by Pearson, either with or without cause. You may terminate Your use of this site at any time by ceasing to use this site. Your use of this site may also be terminated immediately by Pearson, if in Pearson's sole determination You fail to comply with any term or provision of these terms and conditions. Upon any termination, You must destroy all materials obtained from this site and any and all other Pearson site(s) and all related documentation, copies, and installations thereof, whether obtained or made under these terms or otherwise.

Pearson reserves the right, at its discretion, to change, modify, or remove portions of these Terms and Conditions of use at any time. The effective date and time of these terms and conditions is July 1, 2007 at 12:01 A.M. Your continued use of this website following the posting of changes to these Terms and Conditions of Use will constitute Your acceptance to those changes.

OTHER
These pages are controlled and operated by Pearson in the United States and intended for use within the United States. Pearson makes no representations that materials on these pages are appropriate for use in other locations. Those who choose to access these pages from other locations do so on their own initiative and are responsible for compliance with local laws.

These terms shall be governed by and construed in accordance with the laws of the United States of America and the State of Minnesota, without giving effect to any principles of conflicts of law. The language in these Terms and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in MINNESOTA and You hereby consent and submit to the personal jurisdiction of such courts and extra-territorial service of process for the purposes of litigating any such action.

If any provision of these terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except by Pearson as provided for above or in a written understanding signed by both parties.

The headings of each of the Terms and Conditions of Use are for convenient reference only. They are not a part of the Terms and Conditions of Use themselves; they do not necessarily reflect the entire subject matter of each provision; and they are not intended to be used for the purpose of modifying, interpreting, or construing any of these Terms and Conditions of Use.

NON-INFRINGEMENT
Pearson warrants that the products in their standard form will not infringe any valid United States patents or copyrights existing at the time of product delivery, provided, however, that this warranty does not extend to any infringement arising out of the use of the products in combination with systems, software, or equipment not supplied by Pearson or any use of the products outside the United States. If You promptly notify Pearson of any such infringement claim of which You have knowledge or notice, and accord Pearson the right, at its sole option and expense, to handle the defense of the infringement claim, Pearson will indemnify and hold You harmless from and against the amount finally awarded in such infringement claim. If such an infringement claim arises and Pearson becomes aware of such a claim, Pearson may, in its discretion, furnish You with non-infringing replacement products.

Perspective is a trademark, in the U.S. and/or in other countries, of Pearson Education, Inc or its affiliate(s).
Copyright © 2007 Pearson Education, Inc. or its affiliate(s). All rights reserved.