Please carefully read all of this information. Download of the exam testing software constitutes your agreement and acceptance of the terms below.
General Information, Instructions, and Release of Liability
All Applicants for the Tennessee Bar Examination agree by making application for examination to test by laptop unless an Applicant elects to HANDWRITE the exam. All applicants will be sent an email from the Software provider (ExamSoft) to register for laptop testing. If you wish to handwrite the exam, do not respond and do not download the Software.
FEBRUARY 2017 LAPTOP REGISTRATION DATES OPENS AT 9:00 A.M.CENTRAL TIME, ON JANUARY 23, 2017 AND CLOSES AT NOON, CENTRAL TIME, JANUARY 30, 2017.
Taking the exam on a laptop requires an additional fee for the Software, payable at the time of on-line registration and download of the Software (See d. below). Laptop testing Software is provided by ExamSoft. The licensing/registration fee is $100.00, payable to ExamSoft at the time of registration. The Software registration fee is a NON-REFUNDABLE fee. If you fail to register and pay your registration fee by the deadline, you will not be allowed to test by laptop and must handwrite the exam. IMPORTANT: You must apply for laptop testing and pay the registration fee each time you take the exam. The license is a one-time test license.
If you are requesting non-standard testing, you are required to complete the laptop forms and download the Software unless you elect to handwrite the exam.
In order to test by laptop, you must:
a. Review the Instructions to Applicants Participating in Laptop Testing for the Tennessee bar examination;
b. Review and agree to the terms in the Release of Liability stated below; and
c. Download the required Software during the open registration dates and pay the required fee. If you fail to download and pay for the Software during the registration period, you will be required to handwrite the exam. If you withdraw from the examination after downloading the Software, you will not receive a refund of the fees.
INSTRUCTIONS TO APPLICANTS PARTICIPATING IN LAPTOP TESTING FOR THE TENNESSEE BAR EXAMINATION
NOTE: Previously installed versions of laptop testing Software used during law school or on prior bar examinations will not be permitted - you must pay for and install the current bar exam version approved for the Tennessee Board of Law Examiners (TNBLE). By downloading the Software, you certify that you have read, understand and agree to the following:
• System Requirements: please see the ExamSoft website at http://support.examsoft.com/link/portal/15157/15194/Article/162/What-are-the-minimum-system-requirements-to-run-SofTest. It is your responsibility to make sure you have installed the Software during the specified dates, and can run it on your laptop prior to the exam. You must test the Software by following the vendor’s instructions for taking a practice exam to test the Software’s compatibility with your computer, to make sure your computer passes the security check and to familiarize yourself with the Software and keyboard functions. Limited technical support will be provided at the bar exam test site immediately prior to the start of the exam but your Software must be downloaded prior to entering the testing area. There will be tech support during the exam and at the end of the exam.
• You are NOT allowed to use an external keyboard or external mouse whether wired or wireless; nor is use of a iPad or other tablet-type device permitted. If you are found with these items during the exam, you will be dismissed from the exam.
• If you do not own the laptop you intend to use, you should make sure that there are no restrictions in place (for that laptop) which will prevent you from downloading the Software for the Tennessee bar examination.
• Electrical hookups will be provided in the laptop testing area. You are not permitted to take the bar exam using your laptop battery, although it must be fully charged on the day of the exam.
• You will only use your laptop to take the essay portion of the Tennessee bar examination. Should your laptop malfunction on the day of the examination, you will be required to handwrite your examination answers in answer booklets for the remainder of the exam. In the event of a laptop malfunction, every effort will be made to retrieve your essay answers from the laptop to the point of malfunction. Such attempts are usually successful; however, in the case of a catastrophic failure of the laptop, you understand that your answers will not be recovered and this information might not be available until a week or more following the examination.
• You are required to be experienced working with your laptop computer, including the process of saving a file to a USB drive or uploading a file via the web. You will need to find access to an internet connection after the examination on the day of the essay portion of the examination in order to upload answers to the TNBLE.
• The Software limits access to anything other than the word processing function provided by the Software, and facilitates essential administrative functions. Be sure to take the practice exam to become familiar with the operations of the Software. The TNBLE will not search for your answers or make changes to incorrectly formatted or numbered essay questions resulting from failure to follow the laptop testing instructions, including typing an answer in the wrong space or deleting, adding, editing or renumbering the preloaded dividers. The answer, as printed after the examination, will be given to the grader assigned to grade the question indicated on the cover sheet of the answer. If your answer does not match the question or is blank, you will receive a zero.
• You will not receive a printed copy of your essay answers. All editing will be done on your computer screen. Your answers will be uploaded to a USB drive provided by the Software vendor or uploaded to a website, printed by staff, and provided to the TNBLE for grading.
• Computer bags, cases, backpacks, sleeves, and other carrying cases must be stored at the designated place in the examination room after unpacking and may not be accessed during any testing session. Laptops MUST be left in the testing room during the lunch break. The testing room will be staffed or locked at all times but the TNBLE does not assume responsibility for any computer equipment.
- If you withdraw from taking the essay by laptop computer and wish to write the exam, please notify the TNBLE in writing no later than the 15th day of the month of the exam (February 15 or July 15). If you withdraw from laptop testing, you will not receive a refund of the registration fee.
RELEASE OF LIABILITY
By downloading the Software, I request permission from the Tennessee Board of Bar Examiners (“TNBLE”) to take the essay portion of the bar examination by laptop computer (“computer”) in lieu of handwriting my answers and I acknowledge that the use of my computer is subject to the following terms, conditions, and warnings, which I accept:
1. I certify that I have carefully read the TNBLE’s Instructions to Applicants Participating in Laptop Testing (“Instructions”), above, and that I fully understand its contents, which I accept.
2. I understand and accept that the TNBLE has exclusive authority to determine my eligibility to use a computer to answer the exam and that download of the Software does not constitute a TNBLE authorization to use a computer during the exam and that, at any point, the TNBLE can require that I handwrite the examination.
3. I certify that I am aware that the TNBLE offers the alternative of taking the essay portion of the exam by computer or by handwriting, and that I have voluntarily chosen to use a computer.
4. I understand and accept that the authorization to use a computer during the exam implies that I will have to use a computer provided by me, and I certify that it will be available before, during, and after the administration of the bar examination. Further, I authorize the TNBLE staff to inspect my computer before, during, and after the examination.
6. I certify that my computer meets the requirements and the specifications set forth in the Laptop Instructions and on the website at www.examsoft.com/tnbar.
7. I agree to install on said computer the testing Software (“Software”). I understand and accept that the TNBLE does not guarantee the Software, its use or its proper functioning.
8. I understand and accept that the authorization to use my computer during the examination entails a Software license fee that I will pay to Software provided at the time and in the manner established by that company. I acknowledge and accept that said fee is nonrefundable and that it is separate from and additional to the bar examination application fee required by the TNBLE.
9. I understand and accept that it is my sole responsibility to correctly preinstall the Software to be used during the administration of the exam. Further, I assume the obligation to keep the Software installed on my computer until after I have been notified of the results of the bar examination.
10. I assume the obligation to ensure that my computer is in good working order to be used on the day of the examination.
11. I declare that I have sufficient experience and practice using the computer and agree to have sufficient experience and practice with the Software before taking the exam. . I understand that the TNBLE will not search for my answers or make changes to incorrectly formatted or numbered essay questions resulting from failure to follow the laptop testing instructions, including typing an answer in the wrong space or deleting, adding, editing or renumbering the preloaded dividers. The answer, as printed after the examination, will be given to the grader assigned to grade the question indicated on the cover sheet of the answer. If my answer does not match the question or is blank, I will receive a zero.
12. I agree to use the Software according to the instructions and under the terms and conditions imposed by the Software provider and in accordance with the instructions provided in the Laptop Instructions.
13. I acknowledge that the use of the computer carries with it certain technological risks such as computer or Software malfunction, power failures, etc. I accept that by requesting to use a computer to answer the exam, I am assuming all these risks.
14. I agree not to delay and/or prevent commencement of the exam because of any problem or difficulty arising from my lack of skill or preparedness or from technical problems resulting from computer or Software malfunction.
15. I accept that if there is a problem of any kind that would make it difficult or prevent me from using the computer to answer the exam, at the request of the TNBLE staff, I will begin and/or continue to handwrite my answers in the answer books to be provided by said staff, and that I will remain in the same seat. I understand and accept that the decision to handwrite the answers is final.
16. Should I experience any difficulty or problem with the use of the computer, I am required to immediately notify the TNBLE staff and to assist them in every way in an attempt to retrieve my answers, including placing the computer I used at their disposal. I understand and accept that there is no guarantee that such answers will be totally or partially recovered. I understand and accept that in the event that any or all of my answers are lost or irretrievable, only those portions retrieved, if any, will be graded. I understand and accept that there is a risk that my answers may be totally or partially lost and/or irretrievable due to problems related to the use of the computer. However, I have decided that the convenience of typing my answers on my computer outweighs these risks, which I accept without reservation of any kind.
17. I understand and accept that should I experience any difficulties and/or problems related to the use of the computer, I am not entitled to receive additional time or any other accommodation or consideration for that reason. In case I fail the bar examination, I understand and accept that I am not entitled to request or be granted any reconsideration or modification of results due to problems related to the use of the computer to answer the exam and that the only recourse available for a failed exam is re-examination.
18. I understand and accept that my computer must remain at my seat during the entire essay portion of the examination, including the lunch break, until the last essay question session is finished, even if I had to handwrite my answers. I understand and accept that I may not unplug my computer at any time, even if I have finished my exam before time is called by the TNBLE, unless authorized to do so by authorized TNBLE staff. I understand and accept that if I unplug, turn off, and/or remove my computer from the testing area before the end of essay testing without being duly authorized by the TNBLE staff, my answers to the essay questions will not be graded and, consequently, will be treated as blank answer books.
19. I understand and accept that the Software provider does not represent the TNBLE in matters related to TNBLE procedures and policies.
20. I understand and accept that I have an obligation to be in my assigned seat at the time noted in my Admission E-Mail for the morning session and at 1:15 p.m. for the afternoon session for the purpose of making the necessary arrangements to use my computer and the Software. I understand that if I am late, I may not be allowed to use my computer, and, if not allowed to use the computer, must handwrite my answers and must remain in the same seat assigned.
21. I understand and accept that after I finish my exam, I will follow the instructions of the authorized staff in order to upload the answers to a web address. I understand and accept that if I fail to do so by the deadline my answers will not be graded.
22. I understand and accept that I am not authorized to make any copy of my answers or to use any data storage device to record my answers. If I am found to have copied or stored my answers, none of my answers to the essay questions will be graded and I may not be allowed to continue the examination.
23. I understand and accept that once I enter the testing area that accessing the Internet and/or opening or examining any program, file or document other than the Software is a violation subject to penalties by the TNBLE. Upon suspicion that I have examined any unauthorized material in the testing area before or during the exam, my computer will be immediately confiscated and I will be required to handwrite my answers. I understand that my computer will not be returned until after the TNBLE has examined it, and under no circumstances will it be returned to me during the exam. If I am found to have examined any unauthorized material during the exam, my exam will not be graded and I will have to appear before the Board.
24. I understand and accept that the Supreme Court of Tennessee and the TNBLE, its members, representatives, agents, employees and staff, in their official and personal capacity, assume no liability for the difficulties, mishaps and/or problems that may arise from the use of a computer to take the bar examination.
25. I hereby release, discharge, and exonerate the Supreme Court of Tennessee and the TNBLE, its members, representatives, agents, employees and staff, in their official and personal capacity, from any and all contractual and/or noncontractual [tort] liabilities of every nature and kind arising from my decision to use my computer to take the bar examination, including, without being limited to, any damage caused to my computer by the installation and/or use of the Software.
26. I understand and accept that I may be dismissed from the exam for any violation of these terms, including using an external mouse or keyboard, whether wired or wireless, using an iPad or tablet, or having a computer case, sleeve or other bag at my examination table.
27. I understand and accept that I have no right to sue and/or file a claim and that I will not sue or file any claim against the Supreme Court, the TNBLE, its members, representatives, agents, employees and staff, in their official and personal capacity, for any difficulty, problem or event arising from my decision to use a computer during the exam, and that download of the Software constitutes acceptance of the terms and sufficient grounds for summarily dismissing with prejudice any claim that I may file in connection with my decision to use a computer to take the bar exam.
28. I agree to indemnify the Supreme Court, the TNBLE, its members, representatives, agents, employees and staff for the costs, expenses, and attorney’s fees, and for the damage resulting from any claim I may file against them in connection with my decision to use a computer to take the bar exam.