- Authorised Uses and Users of Score Report Data: GMAC is granting the Institution and its
“Authorised Users”, as designated by Institution and recognised by GMAC, a nonexclusive, revocable
license to receive, access, and use NMAT by GMAC™ score reports. (The score reports and information
accessed through the Score Report Website shall be referred to collectively as the “Score Report Data”).
The Score Report Data is for use only by the following “Licensees”: (a) the Institution and its Authorised
Users, and (b) employees and contractors of the Institution who have a need to know the information in
order to perform services for the Institution, who are subject to nondisclosure obligations, and who
shall use Score Report Data only for purposes of evaluating applicants for the Institution’s
educational, financial aid and/or scholarship and fellowship programs. Licensees shall not use Score
Report Data for any other purpose, and shall not copy, modify, publish, release, lend, sell, rent, provide
access to, create derivative works from, or otherwise disclose Score Report Data to anyone other than
another Licensee without the express prior written consent of GMAC.
GMAC is the sole owner of, and shall retain the entire rights to, any copyrights, trademark, trade secret, and any other proprietary rights in the Score Report Data. GMAC reserves the right to monitor the access and use of the Score Report Data by any Licensee. Licensees shall not transmit any information to GMAC or its contractors that contain viruses, worms, Trojan horses, or other disabling devices, or use spamming, flooding, or other means to interfere with the Score Report website or any user, host, or network of GMAC or its contractors.
- Responsibility for Licensees. Institution shall be responsible for all acts and omissions of the
Licensees. If any Licensee information changes, the Institution can promptly change the user’s
information by contacting GMAC at firstname.lastname@example.org or as otherwise instructed by GMAC. The
Institution is responsible for promptly terminating the access of any Licensee whose access to the Score
Report Website should be terminated for any reason.
- Protection of PII and Other Information: Licensees who have access to the Score Report Data are able to access personally identifiable information about prospective graduate management students who have consented to provide their contact information, background, and demographic information, program preferences, and NMAT by GMAC™ scores to the Institution (all such information collectively referred to as “PII”). The PII received or accessed in any form by the Institution and other Licensees is sensitive, confidential, and proprietary information. To protect such PII and the privacy of individuals, all Licensees shall comply with this Agreement and applicable laws and regulations related to PII. The Institution agrees to download and store the PII and other Score Report Data using procedures that establish reasonable security safeguards to protect such information from unauthorized use, disclosure and misuse. Score Report Data may be disclosed pursuant to court or agency order, provided that the Institution or other Licensee provides GMAC with prompt notice of the order and an opportunity to resist disclosure if GMAC elects to do so. The Institution agrees to notify GMAC immediately of any unauthorized use, breach, loss, or disclosure of any Score Report Data by any Licensee.
- Trademark License: Licensee hereby grants GMAC the right to use Licensee’s trademarks and logos to designate Licensee as an institution that accepts NMAT by GMAC™ scores.
- Compliance with Applicable Law and Policies: The Licensees agree that their access to and use of any Score Report Data will not violate any applicable laws or regulations, including those concerning privacy and data security. The Institution also agrees that the Score Report Data will not be used to discriminate against potential applicants on the basis of race, caste, color, national origin, religion, physical or mental disability, age, sex, or other criteria protected by law, provided that nothing in this Agreement shall prevent the Institution from using Score Report Data in connection with a valid special provisions or reservation program that may take such criteria into account to further permissible institutional goals.
- No Warranty/Limitation of Liability: The Institution is solely responsible for all costs, expenses, and damages arising out of its and any other Licensee’s access to or use of Score Report Data, including PII, and/or any breach of this Agreement. GMAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. GMAC DOES NOT WARRANT THAT USE OF THE SCORE REPORT WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE CORRECT, ACCURATE OR RELIABLE. USE OF THE SITE IS AT INSTITUTION’S SOLE RISK. GMAC and its affiliates shall not be liable to the Institution or any other Licensee for indirect, special, incidental, consequential, notional or punitive damages of any nature for any reason, whether such liability is asserted on the basis of contract, tort, or otherwise, even if GMAC has been warned of the possibility of such damages. The Institution shall have sole responsibility and liability with respect to any and all thirdparty claims, suits, actions, judgments, liabilities, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable fees for attorneys and other professionals) arising out of, resulting from, or based upon its or any other Licensee’s access to or use of any Score Report Data in violation of this Agreement. The Institution shall have sole responsibility for managing the security of all Score Report Data accessed by individuals at or through the Institution and notifying GMAC of any unauthorized uses or users.
- Enforcement: The Institution and other Licensees agree that any use not authorized in this Agreement or any otherwise inappropriate use of Score Report Data is prohibited, and that any violation of this Agreement may, at the discretion of GMAC, result in termination of the right to access score reports.
- Governing Law: This Agreement and all disputes arising out of or in connection with this Agreement shall be governed by and construed in accordance with the Indian laws and the courts of Gurgaon shall have exclusive jurisdiction to adjudicate any and all disputes arising out of or in relation to this Agreement.
- Minimum Eligibility Requirements: Licensee hereby certifies that it meets all of the following
minimum eligibility requirements:
- Is a degree-granting institution that offers graduate-level programs in business and/or management. Management programs are not limited to schools of business. For example, a health management program in a school of public health or an arts management program in a school of arts and sciences may be eligible to receive NMAT by GMAC™ scores.
- Is accredited or approved by an authorizing body for which your institution is authorized to provide higher education like a governmental body or ministry/department of education that authorizes your institution to grant degrees or diplomas.
- Agrees to accept the NMAT by GMAC™ exam as an admission criterion.