PM FASTrack® – Support

PM FASTrack® Exam Simulation Software for the PMI-RMP® exam Demo License

Application Demo License Agreement.

RMC Publications, Inc.
DEMONSTRATION VERSION
PM FASTrack® Exam Simulation Software for the PMI-RMP® exam

This demonstration version of RMC's PM FASTrack® for the PMI-RMP® Exam Simulation Software is provided as an opportunity for you to preview the Software at no cost. Whether you obtained this demonstration version of the product from RMC or from a person or entity other than RMC, authorization for you to use the Software is subject to the terms of the agreement below ("License Agreement"). For purposes of this License Agreement, the PM FASTrack® Exam Simulation Software for the PMI-RMP® Exam shall hereinafter be referred to as "PM FASTrack® Exam Simulation Software" or "PM FASTrack®".

LICENSE AGREEMENT

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THIS PM FASTRACK® EXAM SIMULATION SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING, INSTALLING OR USING THE SOFTWARE, AND RETURN THE SOFTWARE AND USER DOCUMENTATION TO RMC.

PLEASE INDICATE YOUR ACCEPTANCE OR DECLINATION OF THIS LICENSE AGREEMENT BY CLICKING THE APPROPRIATE BOX BELOW.

License

In this License Agreement, you are referred to as "You" or "Licensee." In accordance with the terms and conditions of this License Agreement, RMC Publications, Inc. ("RMC") grants You a nonexclusive license to use the accompanying demonstration version of the PM FASTrack® Exam Simulation Software and any accompanying documentation (together, the "Licensed Demonstration Software") as permitted by the terms of this Agreement. All rights to and in the Licensed Demonstration Software, including, but not limited to, copyrights and trade secret rights, are held by RMC, and RMC holds title to each copy of the Licensed Demonstration Software. RMC reserves all rights not expressly granted to you.

Permitted Use

You, individually, may use the Licensed Demonstration Software for your personal, non-commercial use only. You may transfer this copy of the Licensed Demonstration Software, provided that you transfer it in its entire original form as provided by RMC (including this License Agreement) and do not transfer or share incomplete or modified copies of the Licensed Demonstration Software. In no event may you remove, copy, share or otherwise use, reproduce or transfer any of the Licensed Demonstration Software's content (including any sample questions) in any form independent of the Licensed Demonstration Software in its entire original form.

Restrictions

• Except as specifically authorized above, You may not transfer or distribute the Licensed Demonstration Software to others, copy the Licensed Demonstration Software or its content in any form or by any means, or install the Licensed Demonstration Software on a network accessible by others, and this License Agreement shall automatically terminate in the event of such a transfer, distribution, copying or installation.
• You may not remove any copyright or other proprietary notice from the Licensed Demonstration Software, including but not limited to this License Agreement.
• You may not reverse engineer, disassemble, decompile, merge the Licensed Demonstration Software with other software, or attempt to discover the source code or database of the Licensed Demonstration Software. You may not modify, adapt, translate, incorporate or create derivative works based on the Licensed Demonstration Software or its content.
• The above license and this License Agreement shall automatically terminate if you breach any of the above restrictions or otherwise breach the terms of this License Agreement.

Data and Tracking Information Collected, Violations

By using the PM FASTrack® Exam Simulation Software, You hereby agree to the following terms governing data and tracking information RMC may collect and use:

You may be required to provide personally identifiable information to RMC during your registration of PM FASTrack® Exam Simulation Software. RMC uses the information You provide to respond to Your customer service requests and to keep a record of registered licensees of PM FASTrack® Exam Simulation Software. RMC keeps this information on file and may use this information to contact You in the future. Users purchasing RMC products online are also required to provide personally identifying information, including credit card information. RMC uses this financial information to process and identify each user's order.

RMC may collect non-personally identifiable information including but not limited to hardware identifiers, date and time stamps, file sizes, check sums, encryption keys, signatures and other metadata on software files purporting to be the PM FASTrack® Exam Simulation Software for the purpose of detecting License violations and violations of RMC's intellectual property rights. RMC reserves the right to link this non-personally identifiable information to personally identifiable information to track and prosecute violations of this License Agreement or its Intellectual Property Rights. If RMC reasonably believes that you are in violation of this License Agreement or its Intellectual Property Rights, RMC reserves the right to withhold support, take actions to prevent circumvention of anti-piracy measures, or otherwise take action to prevent such violations.

RMC may also collect non-personally identifiable information when You use the PM FASTrack® Exam Simulation Software, update Your PM FASTrack® Exam Simulation Software, and submit testing information to RMC for analysis. Usage information can include, but is not limited to, Your date, time, length and frequency of use of the PM FASTrack® Exam Simulation Software, Your answers to questions posed in the PM FASTrack® Exam Simulation Software, your score on test exams in the PM FASTrack® Exam Simulation Software and other psychometric data. RMC does not link this anonymous information to personally identifiable information. RMC uses this non-personally identifiable information in individual and aggregated form for the purpose of improving its products and services.

Information collected by RMC may be stored by RMC indefinitely and may be cleared from RMC's storage at any time by RMC, including but not limited to when the Submitted Information is communicated to RMC.

RMC does not sell, rent, or otherwise distribute personally identifiable user information collected about or from our users to third parties. In the event that RMC sells or acquires business assets or concerns, in whole or in part, RMC may transfer user information in conjunction with such sale or acquisition.

RMC reserves the right to access and disclose to third parties personally identifiable information collected from You as RMC deems necessary to protect its intellectual property, in any civil action against any party, as required by law or court order, and at the request of law enforcement personnel or agencies.

Copyright

All intellectual property rights in the Licensed Software are owned by RMC Publications, Inc. and RMC Project Management International LLC and protected by United States Copyright laws, international copyright treaty provisions, and trademark and trade secret laws.

Term

This License Agreement is effective until terminated by you or RMC. You may reject or terminate this License Agreement at any time by uninstalling the Licensed Demonstration Software. This License Agreement will terminate if you fail to comply with any term or condition of this License Agreement. Upon termination of this License Agreement for any reason, you agree to promptly cease use of the Licensed Demonstration Software and to uninstall all copies of the Licensed Demonstration Software in your possession. All provisions of this License Agreement relating to disclaimers of warranties, limitation of liability, remedies, and damages, and RMC's proprietary rights shall survive termination.

No Transfer

Except as specifically authorized above, you may not copy, sublicense, rent, assign, lend, sell or otherwise transfer to any other party the license, your rights under this License Agreement, or the Licensed Demonstration Software or its content, and any such attempt to copy, sublicense, rent, assign, lend, sell or transfer any of your rights, duties, or obligations under this License Agreement is null and void.

Disclaimer; Limitation of Liability

THE LICENSED DEMONSTRATION SOFTWARE IS FURNISHED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED SOFTWARE IS WITH LICENSEE. IN NO EVENT SHALL RMC BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INDIRECT, INCIDENTAL, OR PUNITIVE, EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES, ARISING OUT OF USE OF OR INABILITY TO USE THE LICENSED DEMONSTRATION SOFTWARE, EVEN IF RMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Governing Law

This License Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the State of Minnesota, without regard to its conflict of laws provisions. You agree that the venue for any dispute be located in, and that you are subject to personal jurisdiction of, state or federal courts located in Hennepin County, Minnesota.

U.S. Government Restricted Rights

The Licensed Software and any related documentation are deemed "commercial computer software" and "commercial computer software documentation" within the meaning of the applicable civilian and military Federal acquisition regulations and any supplement thereto. If the user of the Licensed Software is an agency, department, employee, or other entity of the United States Government, or a contractor of the Government, then the use, duplication, reproduction, release, modification, disclosure, or transfer of the Licensed Software, including technical data or manuals, is restricted by the terms, conditions and covenants contained in this License Agreement. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202-1 to 227.7202-4 for military agencies, use of the Licensed Software is further restricted by this License Agreement.

If the above section is adjudicated so as to not apply to the Licensed Software or documentation, in whole or in part, in no event will the Buyer, the Government, or Government contractor receive rights greater than "Restricted rights" regarding computer software or "Limited rights" regarding data as defined in Federal Acquisition Regulation 52.227-14 or Defense Federal Acquisition Regulation Supplement 252.227-7013 and 252.227-7014.

Contractor/manufacturer is RMC Publications, Inc., 10953 Bren Road East, Minnetonka, Minnesota 55343.

Entire Agreement

This License Agreement is the complete and exclusive statement of the agreement between You and RMC with respect to the subject hereof, and it supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this License Agreement. If any provision of this License Agreement is found void or unenforceable, the provision shall be enforced to the maximum extent possible and the balance of the License Agreement shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in this License Agreement shall remain in full force and effect.

IF YOU ARE IN VIOLATION OF THIS LICENSE AGREEMENT OR RMC'S INTELLECTUAL PROPERTY RIGHTS, RMC RESERVES THE RIGHT TO TAKE ANY AND ALL APPROPRIATE ACTION INCLUDING BUT NOT LIMITED TO DISABLING YOUR USE OF THE PM FASTRACK® EXAM SIMULATION SOFTWARE AND DENYING YOU ACCESS TO UPDATES OR OTHER FEATURES OF OR RELATED TO THE SOFTWARE.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.

For questions concerning this License Agreement or additional information, please send an e-mail to info@rmcproject.com or contact RMC Project Management, Inc., RMC Project Management, Inc., 10953 Bren Road East, Minnetonka, Minnesota 55343.

Copyright 1997-2010 RMC Publications, Inc. and RMC Project Management International LLC. All rights reserved.

PM FASTrack® is a registered trademark of RMC Publications, Inc. and RMC Project Management International LLC.

PMBOK®, PMI®, and PMI-RMP® are registered trademarks of the Project Management Institute, Inc. ("PMI"), which did not participate in the development of this product, has not reviewed its content for accuracy, does not endorse or otherwise sponsor this product, and makes no warranty, guarantee, or representation, expressed or implied, as to its accuracy or content. PMI does not have any financial interest in this product and has not contributed any financial resources for its development or publication.