1. "SMART TEST GADGETIUM" means the service provider offering test services (including, but not limited to, preparation test service, test assessment service, question evaluation service, question submission assistance service) .
2. "THE PRODUCT" means the widget application (including, but not limited to, source code, graphics, texts, and accompanying files) made available under and governed by this version of this license ("License"), as may be indicated by, but is not limited to, copyright notice(s) attached to or included in the work.
3. "THE SERVICE" means the test services (including, but not limited to, preparation test service, test assessment service, question evaluation service, question submission assistance service) provided by sole distributor SMART TEST GADGETIUM made available under and governed by this version of this license ("License"), as may be indicated by, but is not limited to, copyright notice(s) attached to or included in the work.
3. "THE CONTENT" means the work and/or dynamic data resulted (including, but not limited to, question material and its supporting files , statistical data) from operational activities of THE PRODUCT made available under and governed by this version of this license ("License"), as may be indicated by, but is not limited to, copyright notice(s) attached to or included in the work.
4. "You" means an individual or a legal entity (e.g., a non-profit organization, commercial organization, government agency, etc.) exercising permissions granted by this License.
5. "Personal Use" means using/copying/deploying THE PRODUCT for personal interest (including, but not limited to, personal computer as widget/gadget, personal website, personal blog) .
6. "Commercial Use" means using/copying/deploying THE PRODUCT in order to generate revenue directly (including, but not limited to, charging web visitor/students/test takers, for using THE PRODUCT) or indirectly (including, but not limited to, taking monetary benefit from advertising, packaging/bundling with other commercial product, packaging/bundling with other commercial service) .
TERM AND CONDITION
You expressly acknowledge and agree to the following:
1. ANYONE WHO USES AND/OR COPIES AND/OR MODIFIES AND/OR CREATES DERIVATIVE WORKS OF AND/OR (RE)DISTRIBUTES THIS PRODUCT, OR ANY PORTION(S) THEREOF, IS, BY SUCH ACTION(S), AGREEING TO BE BOUND BY AND ACCEPTING ALL TERMS AND CONDITIONS OF THIS LICENSE (AND THE RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN THIS LICENSE). IF YOU DO NOT ACCEPT (AND AGREE TO BE BOUND BY) ALL TERMS AND CONDITIONS OF THIS LICENSE, DO NOT USE, COPY, MODIFY, CREATE DERIVATIVE WORKS OF, NOR (RE)DISTRIBUTE THIS PRODUCT, NOR ANY PORTION(S) THEREOF.
2. THE PRODUCT is free for personal use and non-commercial use.
3. THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS PRODUCT IS WITH YOU. SHOULD THIS PRODUCT PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
4. You, as User of THE PRODUCT and/or THE SERVICE, SHALL NOT submit any question material (THE CONTENT) that violates copyright infringement. Any material violating copyright infringement will be removed by SMART TEST GADGETIUM once reported.
5. SMART TEST GADGETIUM USED specific/custom method of scoring calculation. The Scoring Method (including but not limited to, the score result, the calculation) might not reflect real test examination. SMART TEST GADGETIUM SHALL NOT TAKES RESPONSIBILITY for any DAMAGE (including, but not limited to, inaccurate result, mis-interpretation result) resulted from THIS EVENT (see Point 6).
6. IN NO EVENT WILL SMART TEST GADGETIUM, OR THE AUTHOR OF THE PRODUCT, OR ANY APPLICABLE COPYRIGHT/TRADEMARK OWNER, OR ANY OTHER PARTY WHO MAY COPY AND/OR (RE)DISTRIBUTE THIS PRODUCT OR PORTIONS THEREOF, AS MAY BE PERMITTED HEREIN, BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, INACCURATE RESULT, ANY LOSSES SUSTAINED BY YOU OR THIRD PARTIES, A FAILURE OF THIS PRODUCT TO OPERATE WITH ANY OTHER PRODUCT, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR BUSINESS INTERRUPTION), WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THE USE, COPYING, MODIFICATION, OR (RE)DISTRIBUTION OF THIS PRODUCT (OR A PORTION THEREOF) OR OF YOUR PRODUCT (OR A PORTION THEREOF), OR INABILITY TO USE THIS PRODUCT (OR A PORTION THEREOF), EVEN IF ANY (CO)AUTHOR, COPYRIGHT/TRADEMARK OWNER, OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.