Supplemental Terms and Conditions for Spanish ACT® WorkKeys® Internet Based Assessment System
The Spanish WorkKeys system includes a suite of assessments that link to workplace skills and certain scoring and
reporting services that are associated with such assessments. Customers who purchase access to the Spanish
WorkKeys Internet based assessment system receive the following (collectively the “Internet Based Assessment
System”):
 Access to the following Internet-delivered Spanish WorkKeys assessments (only those checked will be
available to the Customer):
All Available
If only specific tests are included, indicate the authorized tests below:
Foundational Skills Assessments:
Reading for Information
Locating Information
Applied Mathematics
Applied Mathematics - Metric
Applied Technology
 access (via the Internet) to the scoring data for each Authorized Examinee tested by Customer, and
 access (via the Internet) to the following reports:
o
o
o
o
Pending Registrations Report – A report that shows the names of the examinees who have been
registered by the Customer, but who do not have any assessments assigned to them.
Examinee Roster Report – A report that shows the names of the examinees and their login
credentials.
Test Attempt Data Report – A report that shows examinees’ WorkKeys scores and the number of
assessments launched by the Customer over a specified time period.
Individual Results Report – An individual score report for each examinee tested by the Customer.
Note: ACT reserves the right to add, delete, and modify reports from time to time in its sole and absolute
discretion.
Customer desires to purchase access to the Internet Based Assessment System. Therefore, the parties agree as follows:
1.
Definitions. As used in this Supplement, (a) the term “Assessments” shall refer to ACT’s Spanish WorkKeys
internet based assessments indicated above, and (b) the term “Materials” shall mean the Assessments and the
accompanying materials, written or electronic, including without limitation the Supervisor’s Manual or other
similar manuals published from time to time by ACT. The term “Authorized Examinees” means individuals who
are employees or prospective employees of the Customer. If the Customer is a school, the term also includes the
individuals who are prospective or registered students of that school. If the Customer is a non-profit government
funded agency, such as a Workforce Investment Board or a One Stop Center, the term also includes individuals
whose Assessments have either been paid for directly by the individual, or whose Assessments have been paid for by
such government funding or by a educational institution. The term “individual” means a human being and does not
include a partnership, corporation, association, cooperative, or other legal entity.
2.
Grant and Scope of License. Subject to the terms and conditions of this Agreement, ACT hereby grants to the
Customer a non-exclusive and non-transferable right during the Term of this Agreement to (a) access the Internet
Based Assessment System for the purpose of assessing the Authorized Examinees, (b) administer the Assessments
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to the Authorized Examinees, and (c) use the Materials in connection with the authorized administration of the
Assessments.
3.
Restrictions. Except as expressly permitted in this Supplement or otherwise permitted in the Agreement,
including, without limitation, in Supplemental Terms and Conditions for ACT Career Solutions Provider License,
as and to the extent made a part of the Agreement, Customer may not (a) use the Materials for any other purpose,
(b) assign, license, sell, loan, lease, or otherwise transfer the Internet Based Assessment System or the Materials in
whole or in part, (c) authorize or allow a third party to use the Internet Based Assessment System or Materials, (d)
copy, or allow anyone else to copy, in whole or in part, the Materials, (e) modify, reverse engineer, decompile, or
disassemble the Internet Based Assessment System or Materials, or (f) store the Materials at any location other
than the Authorized Customer Location(s). Customer is permitted to charge its Authorized Examinees for the cost
of the Assessment.
4.
ACT’s Responsibilities. Subject to any contrary terms in any other Supplement, ACT will (a) permit the Customer
access to the Internet Based Assessment System during the Term of this Agreement, (b) set up the primary
administrator upon receipt of the signed Agreement, (c) provide reasonable training if requested upon
commencement of this Agreement in the form of a self-paced online training session, (d) provide the Customer
reasonable technical support for the Internet Based Assessment System via telephone and electronic mail, (e)
score the Assessments and provide score reports through the Internet Based Assessment System, and (f) make
available the results data associated with the Customer’s account during the terms of the Agreement for access by
Customer, subject to ACT’s archival schedule as published from time to time.
5.
Customer’s Responsibilities. Customer shall (a) appoint an administrator who shall have the sole authority to
distribute passwords, and to set up additional administrators, proctors and customer accounts, (b) assure proper
machine configuration, a compatible Internet browser, and Internet access, (c) install the prescribed secure
browser prior to the administration of any Assessments, (d) administer the Assessments in conformance with the
Supervisor’s Manual and other similar manuals as published and updated from time to time, including
administering the Assessments in a proctored environment, (e) restrict access to the Materials to those employees or
individuals who have a “need to know”, (f) control the use of the Internet Based Assessment System, and assure that
only Authorized Examinees are provided passwords and are tested, (g) comply with all other terms and conditions of
this Agreement, including, but not limited to, paying, when due, all fees owed ACT, and (h) assume full
responsibility for the selection of the Internet Based Assessment System and Assessments to achieve its intended
purpose.
6.
Test Security. Customer shall fully cooperate, and shall cause those individuals involved in the administration of or
preparation for the Assessments (“Administration Staff”), to fully cooperate with ACT in the event of a test security
incident. The Materials (including without limitation the Assessments) are ACT’s Confidential Information.
Customer acknowledges that its failure to maintain the confidentiality of the Assessments will result in damages to
ACT and may require ACT to develop a replacement form. Accordingly if through the fault of Customer or the
Administration Staff, the security of an Assessment is compromised, Customer agrees to pay ACT the costs of
developing a new form in addition to any other remedies under the law. ACT may, in its sole and absolute
discretion, cancel scores in cases of testing irregularities, which may include without limitation, use of a
compromised test form, falsification by an examinee of his/her identity, impersonation of another examinee
(surrogate testing), unusual similarities in the answers of examinees at the same test center, or other indicators that
the test scores may not accurately reflect the examinee’s level of educational development.
7.
Data. The parties acknowledge and agree that ACT may use and disclose the data collected from the
administration of the Assessments, as set forth in ACT’s data usage policies, as amended from time to time.
8.
Use After Termination. Upon termination of this Agreement for any reason, Customer shall immediately
discontinue use of the Internet Based Assessment System and shall immediately destroy, or if requested by ACT,
return, all copies of the Materials in its possession. Customer shall certify in writing its compliance with these
requirements.
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9.
Maintenance. ACT has established recurring maintenance windows during which ACT may take down servers
and conduct routine maintenance checks. ACT publishes the times of the maintenance windows periodically. ACT
also reserves the right to provide unscheduled maintenance periodically. ACT shall not be responsible for any
damages or costs incurred by Customer, if any, for such down time.
10.
Updates and Modifications. The Internet Based Assessment System may be modified or updated from time to time
at ACT's sole discretion. ACT shall make such modifications and updates available to Customer as they are
developed; provided however, that: (1) ACT reserves the right to charge a fee for any new functionalities available
through the Internet Based Assessment System; and (2) to the extent that modifications or updates require revised
computer configuration, Customer shall provide such hardware or software that meets the revised computer
configuration requirements for the updated Internet Based Assessment System within the time frame set forth in a
written (including electronic) notice from ACT detailing the timeframe of such modification or update and the
revised computer configuration requirements.
11.
Ownership. ACT owns the WorkKeys system and all component parts, modifications, and updates thereto. ACT
owns the copyrights on the Materials, and ACT owns the trademark “WorkKeys.” Except as specifically granted
in this Agreement, Customer does not acquire any right, title, or interest in or to the WorkKeys system, including
the Internet Based Assessment System and Materials, any rights in patents and copyrights applicable thereto, or
any right, title or interest in or to the trademark “WorkKeys.” Use of ACT trademarks is governed by Section 6 of
the Standard Agreement Form, and the Trademark Guidelines.
12.
U.S. Government Licensees. The Internet Based Assessment System is a "commercial item," as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer
software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the
Internet Based Assessment System with only those rights set forth herein.
13.
Computer Requirements. Customer acknowledges and agrees that the following computer configuration
requirements are required to properly access and use the Internet Based Assessment System and that ACT shall
have no liability for matters relating to the failure to comply with these computer requirements. ACT may revise
these configuration requirements from time to time in its sole discretion.
Customers must use one of the following Supported Browsers:

Internet Explorer 7 and above

Firefox- latest version recommended

Chrome - latest version recommended

Safari- latest version recommended
14.
Use of Third Parties. In the event that a third party is listed among the Authorized Customer Location(s) (“Third
Party”), the Customer enters into this Agreement on its own behalf and on behalf of the Third Party. The
Customer represents and warrants that it has the authority to bind the Third Party to this Agreement and that such
Third Party is hereby bound by the terms and conditions of this Agreement as if it were the Customer. The
Customer agrees that it shall be jointly and severally liable for all obligations of the Third Party.
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