2015-125-E ES - Law Enforcement Services, Inc. (LESI) for online personal history questionaire and post offer psychological evaluations

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DocuSign Envelope ID:68F4D2C0-E330-423E-BCO2-F830CC1A8435 LESI, and nothing in this Agreement should or will be construed as transferring any aspects of such rights to Client (other than the License on the terms of the Agreement) or any third party. Client will take no action inconsistent with LESI's ownership rights as stated above. 7.2 Distribution. Except as otherwise expressly provided herein, Client shall not: (1) make available or distribute all or part of any onlinePHQ®, LESI forms or test booklets, or other LESI material to any third party by assignment, sublicense or by any other means; (2) copy, adapt, reverse engineer, decompile, disassemble, or modify, in whole or in part, any of onlinePHQ 8; (3) use onlinePHQO to operate in or as a time-sharing service venture, or in any way allow third party access to onlinePHQ®; or (4) copy or distribute all or any part of any Report or any Applicant data except in accordance with applicable local, state and federal law and any applicable policies or procedures of Client. 8. Client Responsibility 8.1 Administration of onlinePHQO and post-offer Comprehensive Psychological Evaluation. Client will notify LESI of any Applicant(s) for whom Client wishes LESI to conduct a Comprehensive Psychological Evaluation. Any such Applicant(s) shall have been offered employment by Client on such terms as Client may determine in its sole discretion. LESI shall have no involvement in any offer or employment decision by Client. LESI will be responsible for the administration of the post-offer Comprehensive Psychological Evaluation, and all such Comprehensive Psychological Evaluations will be conducted at LESI's facility. Any test booklets that might be received by Client shall be returned to LESI, and Client shall not copy (in any media or format) any test booklet or any other testing materials. Client acknowledges that it is solely responsible for verifying Applicant identification. Client acknowledges that LESI cannot provide any onlinePHQO reports unless and until Applicant has completed the onlinePHQO questionnaire and completed any online or written verifications of information to LESI. Client acknowledges that LESI cannot provide any reports for the Comprehensive Psychological Evaluation until Applicant has completed post-offer testing and face-to-face interview with an LESI-provided psychologist. 8.2 Security of Certified Computers & Passwords. Client hereby acknowledges and agrees that it will provide security and control over the Certified Computers and passwords to ensure that (a) no unauthorized access is permitted to the Reports or related data, and (b)that all transfer and storage of the Reports and related data is maintained in a secure environment with access granted only to authorized persons. Client will immediately notify LESI by telephone, with written notice to follow, in the event that any Certified Computer or password is lost, stolen, replaced or damaged (if such damage is reasonably believed to compromise the security of the computer), or if Client has reason to believe that secure access to the onlinePHQO or any of the Reports or data, or any Certified Computer has been compromised. Upon receiving such notice, LESI will promptly take action to terminate access to the affected Certified Computer. 8.3 Client Responsibility for Hiring; Decisions. Client acknowledges and agrees that it retains sole and exclusive responsibility and liability for any and all decisions regarding any Applicant, including without limitation, all decisions to evaluate, process, hire or not hire, and retain any Applicant, and all fitness for duty evaluations and aptitude determinations of any Applicant for any position with Client. By providing the Services, data, Reports and other 5 WCSR 332891830 WCSR 332891830