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Security and Confidentiality

All examinations, examination materials, answer sheets, grading materials, and clinical
materials used in the COMLEX-USA examinations or other examinations of NBOME are the
sole and exclusive property of the NBOME. All examinations of NBOME are protected by the
copyright laws of the United States. Candidates have no right, title, or interest in or access to
any examination of the NBOME, or to NBOME’s means and methods for test development or
its methodology of testing and scoring, or to any data or information relating to any
examination of NBOME. All rights are reserved by NBOME. Only authorized test center
professional staff or other authorized agents or employees of NBOME shall have custody or
control of the examination and the examination materials.

NBOME is not affiliated with, does not sanction, and does not endorse any commercial
enterprise that purportedly offers COMLEX-USA test preparation courses or materials. For
self-assessment purposes, NBOME publishes and makes available to candidates its
COMSAE practice examinations, tutorials, and sample COMLEX-USA Level 2-PE encounters.

Candidates may have access to the examination only while it is being administered and only
under the supervision of authorized test center professional staff. Post-examination access to,
discussion of, or review by candidates, or any person on behalf of the candidates, of the
examination or examination material is strictly prohibited.

Any discussion or disclosure of any aspect of the test items or the clinical cases or
standardized patients either during the examination or after the examination is strictly
prohibited. Candidates shall not discuss, disclose, paraphrase, publish, or otherwise make
known to anyone, including another professional student, any test item, or information relating
to any NBOME examination or other confidential property belonging to NBOME. Any violation
by a candidate of this confidentiality agreement will be considered Irregular Conduct and be
dealt with as prescribed in “Irregular Conduct” and/or as otherwise determined by NBOME.
NBOME shall also be entitled to recover from the candidate all its damages and losses,
including reasonable attorneys’ fees and costs, caused by any Irregular Conduct of the
candidate. Every candidate also agrees and acknowledges that NBOME may have no
adequate remedy at law and in its sole discretion is entitled to injunctive and/or other relief to
prevent or limit any disclosure of test items or other confidential property of NBOME, in
addition to its damages or losses, including its reasonable attorneys’ fees and costs incurred
by NBOME as a result of any action taken to defend or protect its confidential property. See
also Sections 2 and 5 of the Terms and Conditions.