PM FASTrack® – Support

PM FASTrack for the CAPM Exam version 2 License

This agreement appears during the software installation process for version 2.0, and must be accepted by the user in order to continue installation.

RMC Publications, Inc.
PM FASTrack® Exam Simulation Software for the CAPM® Exam

Whether you obtained this PM FASTrack® Exam Simulation Software for the CAPM® Exam 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 License Agreement below.

LICENSE AGREEMENT

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THIS PM FASTrack® Exam Simulation Software for the CAPM® Exam. 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, ALONG WITH YOUR REGISTRATION CODE, TO RMC FOR A REFUND OF THE PURCHASE PRICE. PROOF OF PURCHASE, INCLUDING PLACE AND DATE OF PURCHASE, AND PROOF OF PAYMENT MUST ACCOMPANY ANY SUCH RETURN.

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

Grant of One (1) Year License to Registered Users

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, non-transferable license to use the accompanying version of the PM FASTrack® Exam Simulation Software for the CAPM® Exam and any accompanying documentation (together, the "Licensed Software") for a period of one (1) year for your personal, non-commercial use only. All rights to and in the Licensed Software, including, but not limited to, copyrights and trade secret rights, are owned by RMC or its licensor, and RMC holds title to each copy of the Licensed Software. RMC reserves all rights not expressly granted to you.

Permitted Use

• You, individually, may use the Licensed Software for your personal, non-commercial use only.
• You may install the Licensed Software on one home computer and one work computer, provided that You use the Licensed Software on only one computer at one time. You may not install the Licensed Software on more than one home computer and one work computer at one time.

Restrictions

• You may not share, transfer or distribute the Licensed Software to others, and this License Agreement shall automatically terminate in the event of such sharing, transfer or distribution.
• You may not install the Licensed Software on a network in such a way that it may be accessible by others. You may not copy the Licensed Software or its content in any form or by any means.
• You may not remove any copyright or other proprietary notice from the Licensed Software.
• You may not reverse engineer, disassemble, decompile, merge the Licensed Software with other software, or attempt to discover the source code or database of the Licensed Software. You may not modify, adapt, translate, incorporate or create derivative works based on the Licensed Software or its content.

Data and Tracking Information Collected

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 for the CAPM® Exam. 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 for the CAPM® Exam. 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 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.
• RMC may also collect non-personally identifiable information when You use the PM FASTrack® Exam Simulation Software, update Your PM FASTrack® Exam Simulation Software for the CAPM® Exam, 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 for the CAPM® Exam, Your answers to questions posed in the PM FASTrack® Exam Simulation Software for the CAPM® Exam, your score on test exams in the PM FASTrack® Exam Simulation Software for the CAPM® Exam 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 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 shall commence on the date of purchase and shall continue for a term of one (1) year, unless this License Agreement is earlier terminated in accordance herewith. You may reject or terminate this License Agreement at any time by uninstalling the Licensed Software. This License Agreement will terminate if you fail to comply with any term or condition of this License Agreement. Upon expiration or termination of this License Agreement for any reason, you agree to promptly cease use of the Licensed Software and to uninstall all copies of the Licensed 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

In the event You obtained the Licensed Software from RMC on portable media, RMC warrants such media to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by your proof of purchase. This warranty is limited to the original purchaser and is not transferable. To make a warranty claim, you must return the Licensed Software to RMC, along with proof of purchase, within such ninety (90) day period. RMC's entire liability and your exclusive remedy shall be, at RMC's option, either the replacement of the defective media or the return of the purchase price that you paid for the Licensed Software. THE FOREGOING WARRANTY DOES NOT EXTEND TO ANY MEDIA THAT HAS BEEN DAMAGED AS A RESULT OF ACCIDENT, MISUSE, ABUSE, OR AS A RESULT OF SERVICE OR MODIFICATION BY ANYONE OTHER THAN RMC.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE LICENSED 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.

YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE LICENSED SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE USE AND RESULTS OBTAINED FROM THE LICENSED SOFTWARE. NEITHER RMC OR ITS SUPPLIERS OR RESELLERS WARRANTS OR GUARANTIES THAT THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT IT IS THE ONLY TOOL NEEDED TO PREPARE TO PASS THE CAPM® EXAM OR THAT BY USING THE LICENSED SOFTWARE YOU ARE GUARANTEED TO PASS THE CAPM® EXAM. YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED SOFTWARE PROGRAM AND THE USER DOCUMENTATION.

LIMITATION OF LIABILITY

YOUR SOLE REMEDY AND THE ENTIRE LIABILITY OF RMC, ITS SUPPLIERS AND RESELLERS ARE SET FORTH ABOVE. IN NO EVENT SHALL RMC'S LIABILITY TO YOU, WHETHER BASED IN CONTRACT OR TORT, EXCEED THE PURCHASE PRICE OF THE LICENSED SOFTWARE PAID BY YOU TO RMC. IN NO EVENT WILL RMC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INDIRECT, INCIDENTAL, OR PUNITIVE, EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF THE USE, OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF RMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

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.

U.S. Government Restricted Rights

The Licensed Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) in The Rights in Technical Data and Computer Software Clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable. 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 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 warranty service, questions concerning this License Agreement, or additional information, please send an e-mail to info@rmcproject.com or contact RMC Project Management, Inc., 10953 Bren Road East, Minnetonka, MN 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®, CAPM®, and CAPM® are trademarks of the Project Management Institute, Inc. ("PMI") which are registered in the United States of America and other nations. PMI 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. Additionally, PMI makes no warranty, guarantee, or representation, express or implied, that the successful completion of any activity or program, or the use of any product or publication, designed to prepare candidates for the CAPM® Certification Examination, will result in the completion or satisfaction of any CAPM® Certification eligibility requirement or standard.