End User License Agreement

Acceptance

You agree to accept and bound by the terms and conditions of this agreement by opting any of the following options:

  • clicking the “Accept” button
  • downloading the product/application
  • installing the product/application
  • copying the product
  • opening the package
  • any other act which would be considered as usage of the Product/Application

If you are agree with all the terms & conditions of this Agreement then click “Accept”/download/copy/install/use/open the Product/Application. Else, if you do not agree to any/all of the terms & conditions of this Agreement, kindly click “decline” button/ do not download/copy/install/use/open the Product/Application or do not conduct any such act which will amounts to be considered as usage of the Product/Application. By downloading, installing, copying, accessing or using the Product/Application, You agree to this Agreement and in the event You are accepting this Agreement on behalf of another person or other legal entity, You represent and warrant that You have full authority to bind that person or legal entity to this Agreement.

Definitions

  1. “Agreement” means this End User License Agreement and includes the recitals, schedules, annexure or exhibits annexed.
  2. “Application/Product” means an online product which can be accessed by a user at myinsights.in.pearson.com. The user will be given access code which will be used to create a Login ID and Password. MyInsights is an adaptive assessment engine that adapts to each learner’s level of knowledge to bring them to where they need to be
  3. “Company” means Pearson India Education Services Pvt. Ltd., a company incorporated under the Companies Act, 1956 (CIN - U72200TN2005PTC057128), having its registered office at 4th fFloor, Software Block, Elnet Software City, TS-140, Block 2 & 9, Rajiv Gandhi Salai, Taramani, Chennai- 600113 Tamil Nadu, India and corporate office at 15th floor, Tower B, ‘World Trade Tower’, Plot No. 1, Block C, Sector 16, Noida.
  4. “Confidential Information” means and includes any information disclosed by one Party to the other that is written, graphic, machine readable or other tangible form irrespective of whether the same is marked “confidential”, “proprietary” or in some other manner to indicate its confidential nature.

Not withstanding the foregoing, the term Confidential Information does not include information that is:

  • Becomes known to the receiving Party, without restriction, from a source other than the disclosing Party without breach by the receiving Party or otherwise in violation of the disclosing Party’s rights;
  • Disclosed under operation of law, except that the receiving Party will disclose only such information as is legally required and will use reasonable efforts to obtain confidential treatment for any Confidential Information that is so disclosed;
  • Independently developed by the receiving Party without any use of the Confidential Information and by the employees or other agents of the receiving Party who have not been exposed to the Confidential Information, provided that the receiving Party can demonstrate such independent development with adequate evidence;
  • Known publicly at the time it was disclosed or becomes publicly known through no fault or action of the receiving Party or any breach of any confidentiality obligation;
  • Known to the receiving Party, without restriction, at the time of disclosure, provided the receiving Party can demonstrate such prior knowledge with adequate evidence;

Confidential Information shall also include; (i) Proprietary Information and (ii) Intellectual Property provided by one Party to the other for performance of the obligations under this Agreement.

  1. “End User or You” mean person using the Product/Application for the permitted use hereunder
  2. “Force Majeure Event” in respect of a Party here to shall mean any event or circumstance or combination of events and circumstances that prevents performance by a Party of its obligations under this Agreement, but only if and to the extent that such events or circumstances are not within the control and not due to fault or negligence of a Party (“Affected Party”) and could not have been prevented, avoided or overcome even if the Affected Party had taken reasonable care and shall include, without limitation, acts of God, government or military expropriation, acts of the public enemy, war, riots, civil disturbances, insurrections, accidents, fire, exclusions, earthquakes, floods, the elements, strikes, labour disputes, shortages of labour or transportation or any causes beyond the reasonable control of such Party.
  3. “Governmental Authority” shall mean and include the Government of India, any governmental, semi-governmental, administrative, fiscal, judicial, or quasi-judicial body, board, department, commission, authority, instrumentality, tribunal, court, agency or other authority exercising powers conferred by Laws.
  4. “Intellectual Property” means all patents, copyrights, inventions, trade and service marks, brand names, software and any other intellectual properties owned by, used by, permitted to be used by or licensed by or to the Company in the course of provision of the services.
  5. “Law” means all applicable national, foreign, provincial, local or other law including all applicable provisions of all:
  • laws (including common law), bye-laws, statutes, acts of state legislature or parliament, rules, regulations, ordinances, notifications, constitutions, decrees, treaties, codes, enactments, guidelines, policies, circulars, notices, directions, directives or orders of any Governmental Authority, statutory authority, court, tribunal having jurisdiction over the parties;
  • administrative interpretation, directors, directives, injunctions, judgements, decrees, arbitral award, orders or other requirements or official directive of any Governmental Authority or person acting under the authority of any Governmental Authority and / or of any statutory authority, court, tribunal having jurisdiction over the Parties;
  • international treaties, conventions and protocols; as may be in force from time to time.
  1. “Term” shall mean the period for the license shall be valid and the End User shall be able to access the Product/Application.