Terms of Service

Preliminary Notice

The short version: this is a free entertainment quiz, not a diagnosis. We store your answers and result anonymously, with no name, email address or IP address, and we never sell anything. The rest of this document says the same thing at considerable length.

The paragraph immediately preceding (hereinafter the "Plain Paragraph") is the sole passage of this Agreement composed in the vernacular and in the second person; and the Licensor, having considered whether a second such paragraph might be permitted, has resolved that one is sufficient and that two would establish a precedent. The Plain Paragraph is accurate. Nothing in the remainder of this Agreement shall be construed so as to take from the Licensee anything which the Plain Paragraph, fairly read, leaves with the Licensee, and any inconsistency between them shall be resolved in the sense more favourable to the Licensee (Clause 1.2 and Schedule B).

This Agreement is Version 1.0, effective from 6 November 2026. It binds upon a single Act of Agreement (Clause 2.3) whether or not it has been read, and the Licensor has for that reason confined it to terms which would surprise no reasonable person (Clause 2.7), their number alone excepted.

Recitals

THIS AGREEMENT is made on the date and at the moment of the Act of Agreement

BETWEEN:

• (1) Burns and Short Holdings, a series limited liability company (hereinafter the "Licensor", which expression includes its successors and permitted assigns); and
• (2) THE NATURAL PERSON who performs the Act of Agreement (hereinafter the "Licensee", which expression shall not include that person's Reflection, howsoever closely it may resemble the Licensee and howsoever readily it may appear to assent).

WHEREAS:

• (A) The Licensor operates the Site, at which it offers without charge, account or login the questionnaire known as "The Mirror Protocol" (the Instrument).
• (B) The Instrument comprises fifteen Items, each answered by one of three Responses, from which the Site computes three Dials, a Total, a Band and an Archetype, for entertainment and self-reflection only.
• (C) Patrick, Fowles and Krueger proposed in 2009 that psychopathy may be conceived as a configuration of three constructs, which they named boldness, meanness and disinhibition; and the Licensor has borrowed those names for the Dials, and nothing else of theirs but the idea, without their endorsement (Article XIII).
• (D) Cleckley described in 1941, under the title The Mask of Sanity, persons whose outward presentation is wholly convincing; Hare published in 2003 the second edition of the PCL-R, which only a trained rater may properly complete, and then only with an interview and collateral records; and psychopathy is not a diagnosis recognised by DSM-5, the nearest so recognised being antisocial personality disorder. The Instrument is neither a mask, nor a checklist, nor a diagnosis (Article VIII).
• (E) Edens, Marcus, Lilienfeld and Poythress found in 2006 taxometric evidence that psychopathy is dimensional rather than categorical; and the Instrument accordingly reports positions upon three Dials and does not sort the Licensee into a kind, an Archetype being a label for a region of the Dials and not a species of person.
• (F) Lilienfeld and others considered in 2012 fearless dominance and the presidency of the United States, and Babiak, Neumann and Hare considered in 2010 psychopathy in corporations; and the Licensor recites those works so that it may be known that it has read them, and not so that any Licensee scoring highly upon Boldness may be thought presidential, or upon Meanness, ready for promotion.
• (G) Miller and Lynam examined in 2012 the nomological network of the Psychopathic Personality Inventory, and Ray and others found in 2013 that high scorers upon self-report measures of psychopathic traits answer them fairly candidly; and the Licensor has had regard to the latter finding in framing Article VI, and to the former in claiming for the Instrument no nomological network at all.
• (H) Meffert and others observed in 2013, in persons with psychopathy, reduced spontaneous but relatively normal deliberate vicarious representation; which the Licensor recites only to note that a reflection, too, is relatively normal when sought in a looking-glass and reduced when merely encountered in a shop window.
• (I) Sanz-García, Gesteira, Sanz and García-Vera reviewed in 2021 the prevalence of psychopathy in the general adult population; and the Licensor draws from that work no inference concerning the Licensee, or anyone with whom the Licensee shares Mirror Output.
• (J) Mirrors exist, and have existed since the first person leaned over still water and declined to look away; and the Licensee is presumed to have encountered at least one Reflective Surface before the Act of Agreement.
• (K) A mirror returns to the person consulting it an image apparently reversed from left to right (in point of optics, from front to back), which that person remains free to dislike; and the Instrument, considered as a figurative mirror, returns instead a Band, an Archetype and three Dials, which the Licensee is equally free to dislike, and as to which the Licensor gives the warranties in Article XIV, being substantially none.
• (L) No mirror has, to the knowledge of the Licensor, ever required of the person consulting it any prior assent to terms; and the Licensor, conscious that in requiring such assent it departs from a practice of considerable antiquity, has resolved to depart from it thoroughly.
• (M) The Licensor has placed nothing in this Agreement which the Plain Paragraph would be embarrassed to summarise: nothing which charges any sum, sells or shares data for advertising, consents to marketing, obliges anyone to arbitrate, or removes a right which Applicable Law does not permit to be removed.
• (N) The Licensor has arranged its affairs so as not to learn who the Licensee is (Clause 10.3), so that the Licensee's only evidence of this contract will be a Result Identifier and a flag in the Licensee's own Browser Storage; which condition the parties accept as natural to a contract concluded through a mirror.
• (O) The Licensee's Reflection was invited to become a party to this Agreement and has, by persistent imitation of the Licensee in place of any independent reply, declined; which the parties record without rancour, and in consequence whereof the Reflection takes no benefit and bears no burden hereunder (Article XXIV).
• (P) No money passes between the parties; and the parties, advised that a peppercorn would be excessive, agree that their mutual promises, the provision of the Instrument and the attention of the Licensee (howsoever brief, and as measured under Clause 2.5) are the whole consideration for this Agreement.
• (Q) The Licensor wishes to license the Instrument, and to receive in return the Countenance Licence described in Article IV and nothing more; and the Licensee wishes to look.

NOW THEREFORE the parties agree as follows:

Article I. Definitions and Interpretation

1.1 Definitions. In this Agreement (including the Preliminary Notice, the Recitals and the Schedules, but not the Plain Paragraph), unless the context otherwise requires, the following expressions bear the following meanings, which extend to every grammatical variation of them and apply howsoever perceived, Left-Right Inversion included:

• (a) "Act of Agreement" means the Licensee pressing, tapping, clicking or otherwise activating the Agree Control in the Licence Dialog, by any means available upon the Device, with the consequences set out in Clause 2.3; an apparent activation by the Licensee's Reflection being the Licensee's own, observed from the other side of the glass;

• (b) "Aggregate Statistics" means the figures displayed upon the Site recording the number of completions of the Instrument, the share of each Archetype and the number of Diligent Readers, in which each Licensee is counted once for each completion and named never;

• (c) "Agree Control" means the control in the Licence Dialog labelled "Agree", or bearing words to like effect, but not any control for closing the Licence Dialog, nor any button of similar appearance elsewhere in the Licensee's surroundings;

• (d) "Agreement" means this End-User Licence Agreement, comprising the Preliminary Notice, the Recitals, Articles I to XXV and Schedules A to F, as amended from time to time under Article XXIII, and includes this definition of "Agreement", which forms part of the Agreement so defined and is accordingly defined by itself, the reflexive character of which is governed by Clause 1.5;

• (e) "Agreement Interval" means the time measured by the Site between the display of the Licence Dialog and the Act of Agreement, expressed in milliseconds, and recorded and displayed under Clause 2.5;

• (f) "Applicable Law" means any law, regulation, judgment or other binding rule which applies to the Licensee or to the Licensor in connection with this Agreement, including every provision for the protection of consumers which the law of the Licensee's habitual residence does not permit to be excluded or restricted by agreement (Clause 1.2(o));

• (g) "Archetype" means each of the five descriptive labels known as Charismatic Operator, Cold Calculator, Reckless Spark, Full Spectrum and Empathic Anchor, assigned to a completed set of Responses as follows, and in no other manner:

  • (i) where the Total is seven or below, the Archetype is Empathic Anchor, and no further inquiry is made;
  • (ii) where the Total exceeds seven and two or more Dials are High, the Archetype is Full Spectrum; and
  • (iii) in every other case, the Archetype is that associated with the Dial bearing the highest score, namely:
    • (A) Charismatic Operator, where that Dial is Boldness;
    • (B) Cold Calculator, where that Dial is Meanness; and
    • (C) Reckless Spark, where that Dial is Disinhibition;

  and where two or three Dials share the highest score under sub-paragraph (iii), the corresponding Archetypes are reported jointly, and the Licensee holds them as joint tenants and not as tenants in common, neither having any distinct share;

• (h) "Article" means an article of this Agreement, numbered I to XXV; "Clause" means a numbered provision of an Article, so that Clause 10.2 is the second Clause of Article X and not ten and one fifth of anything, and Clause 10.10 follows Clause 10.9 and is not Clause 10.1, whatever arithmetic may suggest; "paragraph" means a numbered provision of a Schedule; and "Schedule" means a schedule to this Agreement, lettered A to F;

• (i) "Badge" means any annotation printed upon Mirror Output, including the record of the Agreement Interval; and a Badge records what it states and attests to nothing beyond it (Article IX);

• (j) "Band" means each of the four ranges of the Total known as Low (0 to 7), Moderate (8 to 15), Elevated (16 to 22) and High (23 to 30), which ranges are exhaustive and mutually exclusive; and the Elevated Band, comprising seven possible Totals where each other Band comprises eight, is narrower than its neighbours, from which the Licensee whose Total falls within it shall draw no inference;

• (k) "Browser Storage" means the local storage and session storage of the browser upon the Device, holding the matters described in Article X (a flag recording acceptance of this Agreement, Responses in progress, and a list of the Licensee's own Result Identifiers), all of which remain upon the Device and may be erased by the Licensee at will;

• (l) "Business Day" means any day other than a Saturday, a Sunday or a public holiday in the jurisdiction of the system of law which governs this Agreement under Clause 22.1, that system being the law of the State of Oklahoma; and a day spent in Introspection remains a Business Day;

• (m) "Campaign Tag" means the value of any "utm_source" parameter in the address by which the Licensee reached the Site, recorded in the Retained Record if present, which describes the route a link travelled and not the person who followed it;

• (n) "Cited Literature" means the works listed in Schedule E, which are cited for commentary and impose no obligation, so that no Licensee is bound by a footnote and no author by a citation (Article XIII);

• (o) "Countenance" means the appearance, reflection or apparent likeness of the Licensee as perceived by the Licensee in or upon any Reflective Surface, including the Instrument considered as a figurative mirror; a likeness as perceived by anyone else being merely that person's view;

• (p) "Countenance Licence" means the licence of Countenance granted by the Licensee under Clause 4.1, the character, limits and practical effect of which (that effect being none) are set out in Article IV;

• (q) "Country Code" means the two-letter code derived by the hosting provider from the request and recorded in the Retained Record, which identifies a territory and not a person, and which, where the request has travelled by an indirect route, may record the Licensee as having been somewhere else;

• (r) "Device" means the apparatus by which the Licensee accesses the Site, which, when its screen is unlit, is itself a Reflective Surface (Schedule A); and the Licensor accepts no responsibility for any Countenance appearing in it while a page loads;

• (s) "Dial" means each of Boldness, Meanness and Disinhibition, being a score from 0 to 10 inclusive computed by adding together the points awarded under the Scoring Rules for the five Items assigned to that Dial, namely:

  • (i) for Boldness, Items 1, 4, 7, 10 and 13;
  • (ii) for Meanness, Items 2, 5, 8, 11 and 14; and
  • (iii) for Disinhibition, Items 3, 6, 9, 12 and 15;

  and a Dial is a figure and not a knob, and cannot be turned by the Licensee otherwise than by the giving of different Responses;

• (t) "Diligent Reader" means a Licensee who has read this Agreement in its entirety before the Act of Agreement; and since this Agreement includes the present definition, every Licensee who has read it has to that extent, but to no greater extent, begun to become one; "read" meaning taken in by the eyes, the ears or the fingertips, and not merely scrolled past; and the satisfaction of the condition is recorded in the Retained Record and has no bearing upon formation (Clause 2.8);

• (u) "Effective Date" means 6 November 2026, being the date from which this Version has effect;

• (v) "Fogging" means the deposit of condensation upon a Reflective Surface whereby the Countenance is rendered temporarily indistinct, as befalls a bathroom mirror during a hot bath, being a Reflective Contingency under Clause 17.2; and "defogging" means its removal by sleeve, towel or the passage of time, none of which the Licensor supplies;

• (w) "Force Majeure Event" has the meaning given in Article XVII;

• (x) "High", in relation to a Dial, means a score of seven or more, and in relation to the Total, a Total within the High Band; and a Dial which is not High is not thereby Low, the space between being served by the ordinary word "middling" and by no defined term;

• (y) "Instrument" means the questionnaire known as "The Mirror Protocol", comprising its fifteen Items, the Response options, the Scoring Rules, the Archetypes, the Bands and the explanatory text, as presented on the Site; which is not a test, a diagnosis or a medical device (Clause 8.1);

• (z) "Introspection" means the Licensee's consideration of the Licensee's own conduct and inclinations for the purpose of giving a Response (Article V), which is complete for the purposes of this Agreement when a Response is given, whether or not it is complete in any other sense;

• (aa) "Item" means each of the fifteen numbered statements in the Instrument; and the number "15", perceived in Left-Right Inversion, shall be read as "15", there being no Item 51, and no Response to an Item 51 shall be recorded, scored or regretted;

• (bb) "Left-Right Inversion" means the apparent exchange of left for right in an image returned by a plane Reflective Surface, which the parties acknowledge to be in point of optics an inversion from front to back, and call by its customary name, the name being shorter and the optics not in dispute;

• (cc) "Licence" means the licence to use the Instrument granted by the Licensor under Clause 3.1;

• (dd) "Licence Dialog" means the dialog displayed on the Site before the Instrument begins, presenting this Agreement together with the Agree Control, which is displayed when the Site presents it and not when the Licensee first looks at it (Clause 2.5);

• (ee) "Licensee" means the natural person who performs the Act of Agreement, being one person only; and excludes that person's Reflection, household, employer and therapist, and anyone reading over that person's shoulder, each of whom is a stranger to this Agreement until performing an Act of Agreement of their own;

• (ff) "Licensor" means Burns and Short Holdings, a series limited liability company, together with its successors and permitted assigns;

• (gg) "Losses" means losses, damages, costs, expenses and liabilities of every kind, howsoever arising; and includes a loss of composure but not a loss of face, a face being incapable of loss so long as any Reflective Surface remains available to confirm its presence;

• (hh) "Low", in relation to a Dial, means a score of three or less, and in relation to the Total, a Total within the Low Band; and the dual employment of this word, and of the word "High", is resolved by Clause 1.4(b);

• (ii) "Mirror" means any Reflective Surface, and "the mirror", unqualified, means the Instrument considered as a figurative mirror; and the Licensor takes no interest in any physical mirror belonging to the Licensee, which may be hung, covered, turned to the wall or consulted as the Licensee thinks fit;

• (jj) "Mirror Output" means everything generated from the Licensee's Responses, namely the Result Page, the Result Card, the Share Image, the Story Image, the Share Text and the Badges, in whatever medium reproduced; and Mirror Output reflects the Licensee only so far as the Responses do;

• (kk) "Mirror-Writing" means writing executed in Left-Right Inversion so as to be legible only in a Reflective Surface, the validity of Notices so written being governed by Article XX; and the parties record that Leonardo da Vinci kept his notebooks in Mirror-Writing and was not, so far as the Licensor is aware, party to any licence of this kind;

• (ll) "Notice" means a notice given under Article XX in the manner provided in Clause 20.2;

• (mm) "Order of Reflection" means the degree of removal of a Reflection from its original, such that:

  • (i) a Reflection of the Licensee in a single Reflective Surface is of the first order;
  • (ii) a Reflection of a Reflection of the first order, in a further Reflective Surface, is of the second order;
  • (iii) a Reflection of a Reflection of the second order is of the third order; and
  • (iv) any Reflection of an order higher than the third is a "Remote Reflection";

  the parties having agreed that an infinite regress, though optically available to anyone standing between two parallel mirrors, is contractually unmanageable, and that Article IV takes cognisance of nothing beyond the third order;

• (nn) "Party" means the Licensor or the Licensee, and "parties" means both; and nothing becomes a party by standing behind the Licensee at the Act of Agreement or by appearing in the Device when its screen is unlit;

• (oo) "Person" includes any natural person, body corporate, partnership, association or state, but not a Reflection, an Archetype or the Instrument, none of which has legal personality, whatever any of them may appear to say;

• (pp) "Plain Paragraph" means the first paragraph of the Preliminary Notice, which is construed without the assistance of this Article, having been composed so as to need none;

• (qq) "Referring Identifier" means the Result Identifier of a shared result through which the Licensee arrived at the Site, if any, recorded in the Retained Record; which establishes that a link was followed, but not who shared it, nor whether the Licensee was grateful;

• (rr) "Reflection" means the image of any person or thing returned by a Reflective Surface, of whatever Order of Reflection, including the Countenance; and a Reflection is not a person, has no capacity to contract, and shall not be taken to have assented to anything by reason that it nodded when the Licensee nodded;

• (ss) "Reflective Contingency" has the meaning given in Article XVII, and in particular in Clause 17.2;

• (tt) "Reflective Surface" means any surface listed in Schedule A, paragraph 1, or having the properties described in Schedule A; and, for the purposes of the definition of "Countenance" and of Article IV only, includes the Instrument considered as a figurative mirror;

• (uu) "Remote Reflection" has the meaning given in paragraph (mm)(iv) of this Clause 1.1;

• (vv) "Response" means the selection by the Licensee, in respect of an Item, of one of the following options and no other:

  • (i) A, "rarely or never true of me";
  • (ii) B, "sometimes true"; or
  • (iii) C, "usually true";

  and a Response is the option selected, and not the hesitation preceding it, which the Site does not record;

• (ww) "Result Card" means the card or panel summarising Mirror Output which is displayed upon the Result Page;

• (xx) "Result Identifier" means the random string in the address of a Result Page, which is unguessable but ceases to be secret once shared, and which is the only key by which the Licensor can locate a Retained Record (Clause 10.6);

• (yy) "Result Page" means the page of the Site at an address containing a Result Identifier, upon which Mirror Output is displayed, and which may be viewed by any person who has that address (Article IX);

• (zz) "Retained Record" means the data described in Clause 10.2 and no other data, Clause 10.2 prevailing over any summary of it elsewhere;

• (aaa) "Reverse-Keyed Item" means each of Items 5, 7 and 12, being one for each Dial, in respect of which A scores 2, B scores 1 and C scores 0, every other Item scoring A at 0, B at 1 and C at 2; the reason for and legal status of which inversion are set out in Article VII;

• (bbb) "Scoring Rules" means the rules stated in this Clause 1.1 under "Reverse-Keyed Item", "Dial", "Total", "Band" and "Archetype"; and the Licensor represents that the Site applies those rules and no others, with no weighting or concealed coefficient, so that a Licensee equipped with a pencil may reproduce the result unaided;

• (ccc) "Share Image" means any image generated by the Site from Mirror Output for the purpose of being shared by the Licensee;

• (ddd) "Share Text" means any text generated by the Site to accompany Mirror Output when shared;

• (eee) "Site" means the website at areyouapsychopath.com, its subdomains, and every page, image and file served from them;

• (fff) "Small Print" means the explanatory notes published on the Site under the heading "The small print" and at the address ending "/science", which are informative only and form no part of this Agreement;

• (ggg) "Story Image" means a Share Image prepared in a format suited to publication as a "story" upon a social media service;

• (hhh) "Tain" means the layer of metal applied to the reverse of a sheet of glass whereby it becomes a looking-glass; upon the detachment of which (Clause 17.2) the looking-glass reverts to a window, and the Licensor accepts no responsibility for what the Licensee then sees through it;

• (iii) "Telemetry" means the data described in Article XI, and in particular in Clause 11.1;

• (jjj) "Third-Party Processor" means Vercel Inc. (hosting, Web Analytics, Speed Insights and bot detection) and Neon (the database in which the Retained Record is held), and any successor provider; none of which is a party to this Agreement, nor a Vampire, save so far as Clause 17.2 may contemplate;

• (kkk) "Total" means the sum of the three Dials, being a whole number from 0 to 30 inclusive;

• (lll) "Vampire" means any person, natural or otherwise, who casts no Reflection, whether by reason of folklore, affliction or poor lighting, and "vampirism" shall be construed accordingly (Clause 17.2); provided that no person is a Vampire merely because that person's Reflection could not be found in a Reflective Surface subject to Fogging;

• (mmm) "Version" means the identifier of this Agreement, presently 1.0, and each later identifier published under Article XXIII, the Version accepted by the Licensee being recorded in the Retained Record; and

• (nnn) "Writing" and "in writing" include email and any other legible and durable means of reproducing words, but exclude words traced with a finger upon a Reflective Surface subject to Fogging, which, though they reappear at the next Fogging, are not durable in the requisite sense and are legible only at the wrong moment.

1.2 Rules of interpretation. In this Agreement, save where the context otherwise requires:

• (a) headings are for convenience of reference only and do not affect construction, save that a heading may be consulted to ascertain which Article the reader is in;
• (b) the singular includes the plural and vice versa; words importing one gender include every gender and none; and a reference to the Licensee includes the Licensee as at the commencement of the Instrument and as at its conclusion, any difference between the two being governed by Article V;
• (c) the words "include", "including" and "in particular" are illustrative and do not limit the generality of the words preceding them; and the ejusdem generis rule shall not confine general words to the class of any specific words preceding them, save where so confining them favours the Licensee;
• (d) a reference to a statute, or to Applicable Law, is to it as amended, re-enacted and in force from time to time, including subordinate legislation made under it;
• (e) a word, figure or Clause number perceived in Left-Right Inversion shall be read as the word, figure or number of which it is the reflection, so that the reflection of "Agree" is "Agree", and the reflection of an obligation is the same obligation and not its opposite; provided always that:
  • (i) the capital letters A, H, I, M, O, T, U, V, W, X and Y, the numerals 0 and 8, and any palindrome, being unaltered by such inversion, shall be read alike in either orientation without recourse to this paragraph; and
  • (ii) this paragraph applies to the words of this Agreement and not to the Countenance, the left and right of which are governed by Article IV;
• (f) a reference to an Article, Clause, paragraph or Schedule is to that of this Agreement; a reference to a Clause includes its sub-clauses to whatever depth; and the Schedules form part of this Agreement as if set out in its body, subject to the order of precedence in Article XXV;
• (g) a paragraph of Clause 1.1 whose letter can be read as a Roman numeral is lettered and not numbered, so that paragraph (ii) defines "Mirror" and paragraph (iii) defines "Telemetry", and neither is the second or third of anything; and whether a given label is a letter or a numeral shall be determined by its position, its neighbours and, failing those, by counting;
• (h) "the said", preceding any noun, refers to the thing last mentioned which answers to that noun, and, if nothing answers to it, to nothing;
• (i) an obligation upon the Licensee not to do a thing includes an obligation not to procure or knowingly permit it to be done, but not an obligation to prevent the Licensee's Reflection from appearing to do it, the Reflection having no conduct of its own;
• (j) any right, power or discretion conferred upon the Licensor shall be exercised reasonably and in good faith, the Licensor having no wish to be thought otherwise and no Archetype which would excuse it;
• (k) where any provision is ambiguous, the meaning more favourable to the Licensee shall be preferred, in accordance with the rule known as contra proferentem and as further provided in Schedule B, the Licensor having drafted this Agreement and the Licensee having merely agreed to it; and that rule prevails over any rule of construction in Schedule B with which it conflicts;
• (l) the archaic and Latin expressions used in this Agreement bear the meanings given in Schedule D; and where the meaning there given is less intelligible than the expression it purports to explain, the expression bears its ordinary legal meaning, and Schedule D shall be admired rather than relied upon;
• (m) the Small Print may be consulted to understand the Instrument but not to construe this Agreement;
• (n) where a number is expressed both in words and in figures and the two differ, the words prevail, save in the case of the Agreement Interval, which the Site measures in figures and which is ordinarily too brief to be expressed in words by anyone within the time it records;
• (o) nothing in this Agreement excludes, restricts or waives any right or remedy which Applicable Law does not permit to be excluded, restricted or waived; every provision which might otherwise bear such a construction shall be read as subject to that limitation as though it had been expressly stated in that provision; and the parties agree that it has been; and
• (p) the Plain Paragraph is read in the ordinary way, and nothing in this Clause 1.2 applies to it.

1.3 Definitions elsewhere. Expressions defined elsewhere in this Agreement bear the meaning there given throughout this Agreement. Where a term is defined both in Clause 1.1 and elsewhere, the two definitions shall be read together so far as they can be; and so far as they cannot, Clause 1.1 prevails, unless the other definition is more favourable to the Licensee, in which case the other prevails.

1.4 Capitalisation and homonyms.

• (a) A defined term bears its defined meaning only where it begins with a capital letter, and written without one bears its ordinary meaning. Accordingly a reference to an agreement is not a reference to this Agreement, and a reference to a band is not a reference to a Band, so that a Licensee whose Total falls within the Elevated Band has not by that circumstance joined one.
• (b) The words "High" and "Low" denote both Bands and conditions of a Dial, and the sense shall be gathered from whether the word qualifies a Band, a Dial or the Total. The parties record for the avoidance of doubt that:
  • (i) a Licensee whose Band is High cannot have every Dial Low, three Low Dials summing to no more than 9 and the High Band beginning at 23;
  • (ii) a Licensee whose Band is Low may have one Dial which is High, but only where that Dial stands at exactly 7 and each other Dial at 0, in which case the Archetype is Empathic Anchor by operation of sub-paragraph (i) of the definition of "Archetype", and the High Dial shall be taken to have been overruled; and
  • (iii) a Dial at 4, 5 or 6 is neither High nor Low, and is not by that circumstance in breach of anything.
• (c) The name of each Archetype is a proper name and not a description, so that a Licensee assigned Cold Calculator is not thereby found to be either cold or a calculator, and a Licensee assigned Empathic Anchor is not thereby certified to be empathic, nor of any use in the mooring of a vessel.

1.5 Reflexive provisions. A provision which refers to itself, as do the definitions of "Agreement" and "Diligent Reader", shall be applied once, and the result shall not be applied to itself more than three times; upon the third application the provision shall be taken to have arrived at a stable meaning and the inquiry shall stop, by analogy with the limit upon Orders of Reflection in Clause 1.1. Neither party shall contend that by reason of any such provision this Agreement is of infinite length, incapable of being read in its entirety, or void for want of a beginning, this Agreement having been published with a beginning, which is the Preliminary Notice, and an end, which is Schedule F.

1.6 Licence and license. "Licence", with a "c", is a noun, and "license", with an "s", is a verb. A reader accustomed to another convention shall read this Agreement as though spelt according to it, and acquires by so reading no licence additional to the Licence; and "colour", "behaviour" and "judgement" bear the meanings of their counterparts in any other English orthography, the letter "u" conferring no additional obligation.

1.7 Time not of the essence. Time is not of the essence of any obligation under this Agreement; save that the Agreement Interval is of the essence of the Badge which records it, in the limited sense that it is the whole of that Badge's content.

1.8 The Instrument as described and as displayed. The descriptions of the Instrument in this Agreement, and in particular the Scoring Rules, are intended to correspond exactly with the Instrument as presented upon the Site. Should they not so correspond, the Licensee's Mirror Output shall be as the Site generated it; the Licensee may give Notice of the discrepancy to legal@areyouapsychopath.com under Article XX; and the Licensor shall correct whichever of the two is in error, and shall not resolve the discrepancy by correcting the Licensee.

Article II. Formation, Acceptance and the Act of Agreement

2.1 Scope. This Article applies to the formation and acceptance of this Agreement, the consequences of declining it, the recording of the Agreement Interval and the renewal of acceptance upon a change of Version.

2.2 Offer. The presentation of the Licence Dialog upon the Site constitutes an offer by the Licensor, upon the terms of this Agreement and no others, and not a mere invitation to treat; the Licensor having considered, and put to one side, the line of authority concerning goods displayed in shop windows, a shop window at night being in any event a Reflective Surface (Schedule A) and an unreliable guide to what lies behind it. The said offer:

• (a) is capable of acceptance only by the Act of Agreement, and by no other conduct, word or gesture;
• (b) remains open while the Licence Dialog is displayed, and lapses when it is closed, when the page is left or reloaded, or when the Device ceases for any reason to display it; and
• (c) may be made again by the Site presenting the Licence Dialog afresh, each presentation being a new offer upon the Version then current.

2.3 The Act of Agreement.

• (a) This Agreement is formed, and becomes binding upon the Licensor and the Licensee, at the moment of the Act of Agreement, and not before. The Act of Agreement accepts the offer in Clause 2.2 in its entirety, there being no means of accepting part of it and declining the remainder.
• (b) The Licensor has presented the Agree Control within the Licence Dialog, together with this Agreement, in a form which a reasonable person would recognise as signifying assent; and the Licensee acknowledges having had, before the Act of Agreement, the opportunity to read the whole of this Agreement, to decline it, and to leave.
• (c) By performing the Act of Agreement the Licensee:
  • (i) accepts this Agreement and agrees to be bound by it;
  • (ii) confirms that the Licensee satisfies the conditions in Article V, and in particular is at least 13 years of age, or such higher age as Applicable Law may require for an agreement of this kind;
  • (iii) acknowledges that the Instrument is offered for entertainment and self-reflection and is not a diagnosis (Clause 8.1); and
  • (iv) consents to the measurement, recording and display of the Agreement Interval under Clause 2.5.
• (d) The Act of Agreement is the Licensee's electronic signature of, and assent to, this Agreement for the purposes of any Applicable Law concerning electronic contracts; and no witness, seal or ink is required, the Licensor having found no means of affixing a seal to a touchscreen without damage to the touchscreen.
• (e) The Act of Agreement may be performed by keyboard, switch or other assistive technology, with equal effect to one performed by a finger.
• (f) An activation of the Agree Control which the Licensee did not intend (as by a cat, a sleeve or a falling object) expresses the assent of no person; and since the Site cannot distinguish it from an intended one, a Licensee who did not intend to agree may give effect to that absence of intention by ceasing to use the Site (Clause 2.13), and no Act of Agreement so disowned shall be held against that Licensee.

2.4 No agreement without the Act of Agreement.

• (a) Where a person closes the Licence Dialog, leaves or reloads the page, permits the Device to sleep, or contemplates the Licence Dialog for any period however long without performing the Act of Agreement, no Agreement is formed.

• (b) In that event:

  • (i) that person incurs no obligation under this Agreement and acquires no Licence;
  • (ii) the Licensor acquires no right against that person, and no Countenance Licence; and
  • (iii) no Retained Record is created, a Retained Record arising only upon completion of the Instrument, which cannot be begun without the Act of Agreement;

  provided always that the aggregated Telemetry described in Article XI, which attends the loading of pages of the Site and does not depend upon the Act of Agreement, is unaffected by this Clause.

• (c) Silence, inertia, prolonged or partial reading, and approval of this Agreement expressed otherwise than by the Act of Agreement (including admiration of its length) shall not constitute acceptance.

2.5 Recording of the Agreement Interval.

• (a) The Site measures the Agreement Interval, being the time elapsed between the display of the Licence Dialog and the Act of Agreement, and expresses it in milliseconds.
• (b) The Agreement Interval, together with the Version accepted, is recorded in the Retained Record described in Clause 10.2 upon completion of the Instrument, and not otherwise.
• (c) The Agreement Interval is printed upon Mirror Output as a Badge, in words to the effect of "Agreed to 49,004 words in 1.4 seconds", the figure in this example being illustrative and not a target.
• (d) The Licensee consents to the display of the Agreement Interval as a Badge upon Mirror Output, and acknowledges that the Result Page may be viewed by anyone who has its address (Article IX), so that the speed of the Licensee's assent may become known to whomever the Licensee tells, and to whomever they tell.
• (e) A Licensee who would prefer the Agreement Interval not to be displayed has the following courses open, and the Licensor regrets that it can offer no others:
  • (i) to refrain from sharing the Result Page or any other Mirror Output;
  • (ii) to request deletion of the result under Clause 10.6, by sending its Result Identifier or address to legal@areyouapsychopath.com; or
  • (iii) to agree more slowly upon a future occasion, which will alter the figure but not its display.
• (f) The Agreement Interval runs from the display of the Licence Dialog and not from the moment at which the Licensee first looked at it, the Licensor having no means of determining the latter and no wish to acquire one.
• (g) The Agreement Interval is subject to the latency of the Device, the suspension of inactive tabs and the ordinary imprecision of clocks, and is warranted no further than those conditions allow; and the Licensor will entertain no contention that the Licensee was in truth faster.

2.6 Speed, slowness and comprehension.

• (a) The speed of the Act of Agreement is no evidence of comprehension, and its slowness is no evidence of reading. A Licensee who agrees in under one second is bound to the same extent, and no greater, as one who agrees after an hour; and the Licensor shall not contend that a slow Licensee read anything, the slow Licensee having perhaps been making tea, nor that a fast Licensee read nothing, the fast Licensee having perhaps read this Agreement upon a previous occasion.
• (b) The Agreement Interval forms no part of the Scoring Rules and affects no Dial, Total, Band or Archetype. A brief Agreement Interval is not evidence of Disinhibition, and a long one is not evidence of anything.
• (c) Neither party shall adduce the Agreement Interval as evidence of anything but the occurrence of the Act of Agreement.

2.7 Absence of surprising terms. The Licensor has confined this Agreement to terms which would not surprise a reasonable person who had read only the Plain Paragraph, their length excepted. The Licensor accordingly represents that this Agreement contains no charge, subscription or renewal; no sale or sharing of data for advertising; no consent to marketing; no agreement to arbitrate; no waiver of collective proceedings or of trial by jury; and no assignment or licence to the Licensor of anything the Licensee owns or creates, save the Countenance Licence, to the extent (none in practice) set out in Article IV. Any term which would nonetheless surprise such a person shall be construed in the sense least surprising to the Licensee, and, if no such sense is available, shall not bind the Licensee.

2.8 The Diligent Reader. Whether the Licensee is a Diligent Reader has no bearing upon formation, this Agreement binding the Diligent Reader and the expeditious Licensee upon identical terms; and the satisfaction of that condition is recorded in the Retained Record under Clause 10.2 as a matter of fact and not of merit.

2.9 Fresh acceptance upon change of Version.

• (a) Where the Licensor publishes a Version succeeding Version 1.0 which, under Article XXIII, requires fresh acceptance, the Licence Dialog shall be presented again, and the Instrument shall not be available to the Licensee until the Licensee has performed a fresh Act of Agreement.
• (b) Each Act of Agreement forms an agreement upon the Version then displayed. Mirror Output generated earlier remains governed by the Version under which it was generated, and nothing in a later Version has retrospective effect upon it (Article XXIII).

2.10 Repeated acceptance of the same Version. Where the Licence Dialog is presented again under the same Version (as where Browser Storage has been cleared, or another browser or Device is used), a further Act of Agreement confirms the existing agreement and does not form a second one, and the Licensee does not thereby become two Licensees. The Site, having no means of recognising the Licensee, will nevertheless measure the Agreement Interval afresh, and the Licensee may in this manner improve upon a previous figure without any change in the Licensee's legal position.

2.11 Age and capacity at formation. A person under the age of 13, or under such higher age as Applicable Law prescribes for agreements of this kind, must not perform the Act of Agreement and should close the Licence Dialog. A purported Act of Agreement by such a person binds that person to nothing beyond what Applicable Law permits; and the Licensor, having no means of knowing anyone's age, relies upon the confirmation given under Clause 2.3(c)(ii).

2.12 Evidence of formation. The Licensor keeps no record identifying any Licensee as a party to this Agreement. Formation is evidenced only by the flag held in Browser Storage and, upon completion of the Instrument, by the Version and Agreement Interval held in the Retained Record against a Result Identifier; and neither party shall take a point against the other upon the resulting difficulty of proving which natural person performed any Act of Agreement.

2.13 Withdrawal. The Licensee may cease to use the Site at any time, without Notice, reason or ceremony, and Article XVIII governs the consequences; and the Licensor shall not construe the Licensee's departure as a comment upon the Instrument, upon this Agreement or upon the Licensor.

Article III. Grant of Licence to the Instrument

3.1 Grant. Subject to the terms and conditions of this Agreement, and with effect from the moment of the Act of Agreement under Clause 2.3 (and not from any earlier moment at which a finger merely hovered above the control labelled "Agree"), the Licensor hereby grants to the Licensee a limited, personal, non-exclusive, non-transferable, revocable and royalty-free licence (hereinafter "the Licence") to access, view and use the Instrument, by means of the Site and not otherwise, solely for the Licensee's personal, non-commercial entertainment and self-reflection, and for no purpose which is neither entertainment nor self-reflection.

3.2 Permitted acts. Without prejudice to the generality of Clause 3.1, and subject always to Article V and Article XII, the Licence extends to the following acts and to such further acts as are reasonably incidental to them:

• (a) reading each Item, in the order presented or, where the Licensee's eye wanders, in any other order;
• (b) selecting one Response for each Item and, so far as the Site permits, changing a selected Response before the Instrument is completed, as often as the Licensee's resolve requires;
• (c) leaving the Instrument part-way through and, where the Licensee's browser has preserved the in-progress Responses (Article X), returning to it;
• (d) receiving, viewing and keeping the Mirror Output generated from the Licensee's own Responses, and sharing it so far as Article IX permits;
• (e) completing the Instrument again on any later occasion, each completion being a separate exercise of the Licence and giving rise to a separate Retained Record under Clause 10.2; and
• (f) reading this Agreement, in whole or in part, at any speed, the Licensor giving no warranty that any speed is the correct one.

3.3 Consideration. The Licence is granted free of charge. No fee, subscription or gratuity is payable for it at any time, and none shall fall due upon renewal, there being no renewal. The consideration for the Licence consists only of the mutual promises contained in this Agreement and the reciprocal licence granted by Clause 4.1, together with one peppercorn, which the Licensor hereby waives, and which the Licensee need not tender, carry about the person, or own.

3.4 Personal character of the Licence. The Licence is personal to the natural person who performed the Act of Agreement and is exercisable by that person alone. In particular:

• (a) it may not be exercised by any agent, attorney or proxy of the Licensee, nor by the Licensee's Countenance acting or purporting to act on the Licensee's behalf;
• (b) a person who reads the Items aloud to the Licensee, or operates the device at the Licensee's direction, by reason of the Licensee's disability, injury or temporary separation from the Licensee's spectacles, acts as the Licensee's amanuensis and not as a licensee, and the Responses so given are the Licensee's own, provided always that the Licensee chose them; and
• (c) where two or more persons confer over a single device and select Responses by agreement, show of hands or argument, the Licence is exercised by whichever of them performed the Act of Agreement, and the resulting Mirror Output describes a committee.

3.5 Non-exclusivity. The Licence is non-exclusive. The Licensor may grant licences in like terms to any number of other persons, simultaneously and without Notice to the Licensee, including persons whom the Licensee would prefer not to know and persons completing the Instrument in the same room at the same moment. The Licence confers no exclusive right to any Archetype, Band or Dial score, and a Licensee whose Mirror Output names a given Archetype holds that Archetype in common with every other person to whom the Instrument has assigned it, without any right of survivorship, partition or precedence by date of completion.

3.6 Non-transferability. The Licensee shall not assign, transfer, sublicense, charge, bequeath or otherwise deal with the Licence or any interest in it, whether at law or in equity. The Licence forms no part of the Licensee's estate and passes neither by will nor upon intestacy, the parties being agreed that it has no realisable value. Any purported dealing in breach of this Clause is void ab initio and shall be treated as though it had been written with a fingertip on a mirror misted by breath. Without prejudice to the foregoing:

• (a) a person to whom the Licensee sends the address of a result page receives thereby the ability to view that page, as described in Article IX, and receives no part of the Licence; and
• (b) such a person who wishes to use the Instrument must first perform an Act of Agreement of that person's own, and the Licensee's Agreement Interval shall not be credited to that person, nor that person's Agreement Interval debited to the Licensee.

3.7 Revocability. The Licence is revocable by the Licensor, and shall be treated as revoked:

• (a) upon termination in accordance with Article XVIII;
• (b) pro tanto, upon the withdrawal of the Instrument from the Site, in whole or in part, for any reason; and
• (c) in respect of any version of this Agreement superseded under Clause 23.1, upon the Licensee being invited to perform a fresh Act of Agreement, whereupon the old Licence yields to the new without interval and without ceremony.

3.8 Limits upon revocation. Provided always that:

• (a) the Licensor shall not revoke the Licence by reason of, or with reference to, the Archetype, Band or Dial scores obtained by the Licensee, all of which the Licensor regards with equal indifference;
• (b) revocation has no retroactive effect upon Mirror Output already generated, and does not of itself delete any Retained Record;
• (c) revocation does not prejudice the Licensee's right to request the deletion of a result under Clause 10.6, nor any right conferred upon the Licensee by Applicable Law; and
• (d) the Licensor, having no means of contacting the Licensee, need give notice of revocation only as Article XX provides, and the Licensee may discover a revocation by the simple experience of finding the Instrument absent.

3.9 Territory. The Licence is granted for use in every territory, so far as Applicable Law there permits its exercise, and extends to use aboard any vessel or spacecraft, and within any lift whose walls are mirrored on two or more opposing sides (in which last case Clause 4.9 applies). The Licensor makes no representation that the Site is available or lawful in any particular place, and a Licensee who uses it from a place where such use is unlawful does so outside the Licence.

3.10 Duration. The Licence commences at the Act of Agreement and continues until it ends under Clause 3.7 or Article XVIII, whichever first occurs. It is not granted for any fixed term; it does not renew, because it does not expire; and it does not lapse merely because the Licensee has not visited the Site for some considerable time, the Instrument being content to wait.

3.11 Reservation of rights. All rights in and to the Instrument and the Site which are not expressly granted to the Licensee by this Article are reserved to the Licensor or, as the case may be, to the third parties identified in Article XIII. Without prejudice to the generality of the foregoing, the Licensor reserves:

• (a) the right to amend, reword, reorder, add to or remove any Item, Response option, scoring rule, Archetype, Band or explanatory text, subject to Clause 23.1 and without retroactive effect upon any Retained Record already made;
• (b) such rights as subsist in the expression of the Instrument and the Archetypes, in the design of the Mirror Output, and in the wording of this Agreement, this sub-clause included; and
• (c) the right to decline to explain any Archetype further than the Site already explains it.

3.12 Matters not reserved. The Licensor claims no monopoly over:

• (a) the ordinary English words of which the names of the Archetypes are composed, which the Licensee may use in conversation, in self-description and in the introductions customary at social gatherings, without attribution;
• (b) the Triarchic model of psychopathy, its three constructs, or any other idea or finding, all of which belong, so far as ideas belong to anyone, to the scientific community; or
• (c) the act of self-reflection generally, which the Licensee may perform at any time and without any licence whatever, before any Reflective Surface listed in Schedule A, paragraph 1, or before none.

3.13 No implied licence. No licence or right is granted by implication, estoppel, acquiescence, course of dealing or custom, nor by reason of the Licensee having looked at the Site for a long time or having felt, while looking at it, that it was looking back. The last of these is answered by Clause 4.10.

3.14 Nature of the Licence. The Licence is a licence and not a sale. No copy of the Instrument passes into the Licensee's ownership, save for the transient copies made by the Licensee's browser in the ordinary course of displaying the Site, which the browser may retain in its cache for so long as it sees fit. The Licensee is under no obligation to purge or certify the destruction of any such cached copy upon the ending of the Licence, and the Licensor shall not ask.

3.15 Restrictions. Save as Applicable Law otherwise permits, the Licence does not extend to any commercial use of the Instrument or of Mirror Output, to the presentation of the Instrument as part of any website or service other than the Site, to its use to assess, screen or make decisions concerning any person (an office for which Clause 8.1 explains its unfitness), or to any act prohibited by Article XII.

3.16 Assistive technology. Nothing in Clause 3.15 or Article XII restricts the Licensee's use of a screen reader, magnifier, voice control, browser translation or any comparable technology by which a person perceives or operates a website, and all such use is within the Licence. A browser's translation of this Agreement is a convenience only and not an authorised version, save that where a discrepancy arises because the English text is unclear, the rule in Schedule B by which ambiguity is resolved in the Licensee's favour applies.

3.17 The Licensee's own things. Nothing in this Article, nor in any other provision of this Agreement, grants to the Licensor any right, title, interest or licence in or over anything which the Licensee owns or creates, the Licensee's thoughts, opinions or character, or the Licensee's actual face, as distinct from the figurative Countenance with which Article IV is concerned and which Clause 4.1 confines to the Instrument. The recording and handling of Responses are governed exclusively by Article X, and nothing in this Article enlarges what the Licensor collects or retains beyond the matters listed in Clause 10.2.

3.18 Availability. The Licence is a licence to use the Instrument as and when the Site makes it available. It confers no right to any particular availability or speed, as to which Clause 14.1 applies, nor to the continued existence of the Site, the Instrument, or any Archetype of which the Licensee has grown fond.

Article IV. Reciprocal Licence of Countenance

4.1 Grant of Countenance Licence. In reciprocity for the Licence granted by Clause 3.1, the Licensee hereby grants to the Licensor a non-exclusive, non-commercial licence, revocable at the will of the Licensee at any time, without cause and without Notice (hereinafter "the Countenance Licence"), to regard the Licensee's Countenance as it appears within the Instrument considered as a figurative mirror, and for no other purpose whatever, which Countenance Licence:

• (a) is confined to the Instrument, and does not extend to any physical Reflective Surface, including those listed in Schedule A, paragraph 1;
• (b) is incapable of sublicence or transfer, and any purported dealing with it is void;
• (c) has no effect outside the figurative mirror, and confers upon the Licensor no right exercisable in the physical world; and
• (d) carries with it no right to any photograph, image, recording, name, voice, biometric identifier or other likeness of the Licensee, none of which the Licensor collects, as Clause 10.3 confirms.

4.2 Figurative character. The Instrument shows the Licensee a description composed entirely of the Licensee's own Responses; the Licensee, regarding that description, may perceive in it something resembling the Licensee; and that perception, so far as it exists at all, is the Countenance, which exists in the Licensee and nowhere else. The Instrument does not look at the Licensee. The Licensee looks at the Instrument. No image of the Licensee forms part of the Retained Record described in Clause 10.2, and the Countenance is not, and cannot become, data held by the Licensor or by any Third-Party Processor.

4.3 Purpose and exclusion of use. The sole purpose of the Countenance Licence is to regularise the mirror-like operation of the Instrument, the Licensor having been unable to satisfy itself that a figurative reflection may properly be shown to a person without that person's leave. The Countenance Licence shall accordingly not be construed as consent to photography, recording, biometric processing or facial recognition, nor to any use of the Licensee's likeness or name in advertising or publicity (the Site carrying none), nor as the grant of any right in anything which the Licensee owns or creates; each of these would require a separate and express agreement, which this Agreement does not contain and the Licensor does not seek.

4.4 Non-commercial covenant. The Licensor shall not sell, license or otherwise turn the Countenance to account, a covenant whose performance is secured by the Licensor holding no Countenance to turn.

4.5 Revocation. The Licensee may revoke the Countenance Licence at will. Revocation takes effect at the moment it is formed in the Licensee's mind, the Licensor hereby waiving any requirement that it be communicated, witnessed or reduced to writing, and may be effected by any means, including closing the tab in which the Instrument is displayed, looking away from the device, a Notice under Clause 20.2, or a mental reservation formed and not expressed.

4.6 Effect of revocation. Upon revocation of the Countenance Licence:

• (a) the Licensor shall cease to regard the Countenance, which obligation the Licensor shall discharge by continuing to do precisely what it was doing before; and
• (b) the Licence granted by Clause 3.1 continues unaffected, and the Licensee may complete the Instrument unreflected, the Mirror Output being in every particular the same.

4.7 Disagreement of the reflection. Where the Countenance appears to disagree with the Licensee in any respect, including as to whether the Licensee agreed to this Agreement or as to the correctness of an Archetype:

• (a) the view of the Licensee prevails, and the Countenance has no casting vote;
• (b) the Countenance is not a party to this Agreement nor a beneficiary of it (as Article XXIV records), and has no standing to enforce, vary or revoke it, whether on its own account or as next friend of the Licensee; and
• (c) any notice purporting to be given by the Countenance is of no effect, whether or not written in mirror-writing and accompanied by a mirror; and a Countenance that proceeds from disagreement to independent action constitutes a Reflective Contingency within Clause 17.2.

4.8 Left-right inversion. The Countenance may present the Licensee with left and right transposed. The parties acknowledge the view, respectable in optics, that a plane mirror in truth reverses neither left nor right but front and back, and they adopt the conventional description for the purposes of this Agreement without prejudice to that view, which either of them may continue to hold in private. It is agreed that:

• (a) any right, obligation or attribute of the Licensee which attaches to the Licensee's left side attaches, mutatis mutandis, to the right side of the Countenance, and vice versa, and no provision of this Agreement shall be construed as applying to the wrong hand;
• (b) the inversion does not extend to top and bottom, the Licensor having found no surface in ordinary domestic use which inverts them, save the concave face of a polished spoon, which Schedule A treats separately;
• (c) the text of the Instrument and of this Agreement is presented the right way round, the Licensor having elected not to apply the inversion to typography; and
• (d) a Licensee who parts the hair on one side and perceives the Countenance to part it on the other has suffered no breach, misdescription or Losses.

4.9 Reflections of reflections. Where the Countenance is perceived in a Reflective Surface which is itself reflected in another, as between the opposed mirrors of a lift or a barber's shop:

• (a) orders of reflection are counted from the Licensee, who is of the zeroth order and is not a reflection, each successive reflection being of the next order;
• (b) the Countenance Licence extends to reflections of the first, second and third orders, and to none higher, the infinite regress being capped at the third order;
• (c) in respect of reflections of the fourth and every higher order no licence is granted and no obligation arises, those reflections being too small and too numerous to be the subject of contract;
• (d) where the order of a reflection cannot be determined, as where the succession of images recedes into the green obscurity characteristic of facing mirrors (attributable, the Licensor is advised, to the faint tint of ordinary glass), the reflection shall be presumed to be of the fourth order or higher, and the Licensor shall claim nothing in respect of it; and
• (e) each order is inverted relative to the order before it under Clause 4.8, so that reflections of even order are the right way round, a result for which the Licensor claims no credit.

4.10 Undertaking never to look back. The Licensor undertakes, in perpetuity, that it shall never look back at the Licensee through the Instrument, save that it may look at aggregate statistics, which have no face. Without prejudice to the generality of that undertaking, the Licensor shall not:

• (a) return the gaze of the Licensee, whether by stare, glance, wink or other ocular act;
• (b) use the Retained Record, or any Telemetry, to ascertain who the Licensee is, a task for which the Licensor, holding no name, email address or IP address of the Licensee (Clause 10.3), is in any event unequipped; or
• (c) form, hold or express any opinion of the Licensee's character, the Archetype being the arithmetical product of the scoring rules and not the Licensor's opinion of anybody.

4.11 Obscuration. Where the Countenance is obscured, wholly or in part, by fogging, condensation or any other Reflective Contingency within Clause 17.2, the Countenance Licence is suspended pro tanto for the duration of the obscuration and revives upon its clearing without further formality. A Licensee who clears the obscuration with a sleeve makes no fresh grant thereby, and is not answerable for the condition of the sleeve.

4.12 Persons and animals in the background. No licence is granted over the countenance of any person or animal appearing behind the Licensee in any Reflective Surface (including a cat, a portrait in oils, and a person reading the Instrument over the Licensee's shoulder). The Licensor shall avert its figurative gaze from each of them, and none of them is a party.

4.13 Absent reflection. A Licensee who casts no reflection, whether by reason of a Reflective Contingency under Clause 17.2 or otherwise, nonetheless grants the Countenance Licence, over a null Countenance. The Countenance Licence so granted is valid and binding and has precisely the effect it would otherwise have had, namely none, and no such Licensee shall be required to account for the absence.

4.14 Relationship with Article III. The Licence granted by Clause 3.1 and the Countenance Licence are reciprocal but independent. The revocation of the Countenance Licence does not affect the Licence, as Clause 4.6(b) provides; the ending of the Licence, however, ends the Countenance Licence at the same instant, there being thereafter no mirror in which the Countenance could appear. In the event of any conflict between this Article and any other provision of this Agreement, the construction more favourable to the Licensee shall prevail, and Clause 15.5 prevails over both.

Article V. Conditions Precedent to Introspection

5.1 Application. This Article applies to every use of the Instrument. Each of the conditions in Clauses 5.2 to 5.8 (hereinafter "the Conditions Precedent") is a condition precedent to the exercise of the Licence granted by Clause 3.1, and not a promise by the Licensee; the non-satisfaction of any of them accordingly gives the Licensor no claim in damages against the Licensee, and has only the consequences stated in Clause 5.11.

5.2 Age. The Licensee must have attained the age of thirteen years or, where Applicable Law requires a higher age before a person may enter into an agreement of this kind, that higher age. In respect of this condition:

• (a) the Site is not directed at children under the age of thirteen, and children under that age must not use it;
• (b) age shall be reckoned in whole years from the date of birth, and not from conception, nor from the date on which the Licensee first recognised the Licensee's own reflection, an accomplishment which human infants commonly achieve in the second year of life and which does not of itself confer capacity to contract;
• (c) the Licensor asks for no date of birth, conducts no verification of age, and holds no data by which age could be verified, and accordingly relies upon the Licensee to observe this condition honestly; and
• (d) a parent or guardian who learns that a child under the age of thirteen has completed the Instrument may send the Result Identifier, or the address of the result page, to legal@areyouapsychopath.com, whereupon that result shall be deleted in accordance with Clause 10.6.

5.3 Capacity. The Licensee must have legal capacity to enter into this Agreement and must enter into it as a natural person on the Licensee's own account. Accordingly:

• (a) no body corporate, partnership, trust or committee may be a Licensee;
• (b) a natural person who completes the Instrument with a view to describing an organisation, by answering the Items as that organisation would answer them if it were able, does so in a personal capacity, and the Mirror Output so generated describes that person's opinion of the organisation and not the organisation; and
• (c) the parties note that the Cited Literature on corporate psychopathy (Babiak, Neumann and Hare, 2010) concerns persons employed by corporations and not the corporations themselves, which have no Countenance and are therefore incapable of granting the licence required by Clause 4.1.

5.4 Device and connection. The Licensee must have access to a device capable of displaying the Site and to a connection by which to reach it, each at the Licensee's own expense and responsibility. The Licensor supplies neither and charges for neither. The device need not itself be reflective. The Licensee is reminded, however, that the screen of a telephone or other device, when dark, is a Reflective Surface within Schedule A, paragraph 1, and that the Licensee may accordingly encounter the Licensee's actual reflection in the moments before the Site has loaded, which encounter forms no part of the Instrument and falls outside Clause 4.1.

5.5 Undivided attention. The Licensee shall not use the Instrument while driving or operating any vehicle, while operating heavy or dangerous machinery, while conducting an orchestra, while carrying a laden tray down a staircase, or while engaged in any other activity in which a lapse of attention may cause injury or loss, introspection being a recognised distraction. Without prejudice to the generality of the foregoing:

• (a) a passenger in a vehicle is not operating it, provided that the passenger is not at the same time giving directions;
• (b) shaving, the application of cosmetics and the use of tweezers before a looking-glass are not the operation of heavy machinery, but a Licensee who undertakes any of them while completing the Instrument does so at the Licensee's own risk, and the Licensor recommends that the Licensee finish the one before beginning the other; and
• (c) a Licensee who becomes absorbed in the Instrument while walking shall stop walking.

5.6 Continuity of identity. The Licensee who gives the Response to Item 1 must be the same natural person who gives the Response to Item 15, or substantially so. For the purposes of this condition:

• (a) a person remains substantially the same notwithstanding any change, between Item 1 and Item 15, in mood, opinion, posture, hairstyle, blood sugar, the cells of the body (the turnover of which over fifteen Items the Licensor considers immaterial), or that person's estimate of that person's own character;
• (b) an insight, revelation or change of heart occurring at any Item, including one occasioned by the Item itself, is not a change of identity, and a Licensee who experiences one may complete the Instrument as the person the Licensee has become, amending earlier Responses so far as Clause 3.2(b) allows;
• (c) the question whether a vessel whose every plank has been replaced remains the same vessel is not determined by this Agreement and shall not be raised under it; and
• (d) where the device passes from one natural person to another part-way through the Instrument, this condition is not satisfied, and the Mirror Output describes a composite of two persons in the proportions in which they answered, as to which Clause 3.4(c) applies by analogy.

5.7 Purpose. The Licensee must approach the Instrument for entertainment or self-reflection, and not as a substitute for the assessment of a qualified professional, which the Instrument is not and cannot be, as Clause 8.1 records. A Licensee who is in distress, or who is concerned for the Licensee's own safety or that of another person, should set the Instrument aside and seek help from a qualified professional or, in an emergency, from local emergency services. The Instrument will keep.

5.8 Light. No condition as to ambient light is imposed. The Instrument, being a figurative mirror, functions in darkness, and in that respect differs from every looking-glass contemplated by Schedule A; the Licensee may complete it at any hour, beneath bedclothes or during a failure of the electricity supply, provided that the device retains sufficient charge, as to which the Licensor gives no assurance.

5.9 No further conditions. The Licensor shall impose no condition upon the use of the Instrument other than the Conditions Precedent and the Act of Agreement. In particular, the Licensee is not required to create an account, to log in, to supply a name or email address, to make any payment, to subscribe to anything, to consent to marketing, to permit the Site to use the device's camera, microphone or location, or to answer any question other than the fifteen Items.

5.10 Waiver. The Licensor may waive the condition in Clause 5.4, 5.6 or 5.8, by any conduct, including by continuing to serve the Site to a Licensee who does not satisfy the condition, a circumstance of which the Licensor is unaware and must remain so. The Licensor may not waive the condition in Clause 5.2, 5.3, 5.5 or 5.7, and no conduct of the Licensor shall be construed as such a waiver.

5.11 Consequences of non-satisfaction. Where any Condition Precedent is not satisfied:

• (a) the Licence does not arise or, having arisen, is suspended for so long as the condition remains unsatisfied, and the Licensee should cease to use the Instrument until it is satisfied, if ever;
• (b) the Licensor shall have no claim against the Licensee in damages, debt or otherwise, and shall impose no penalty, the sole consequence being that stated in paragraph (a);
• (c) any Mirror Output generated in the meantime stands as generated and may be deleted on request in accordance with Clause 10.6; and
• (d) in the case of Clause 5.2, no provision of this Agreement shall be enforced against a child so far as Applicable Law protects that child, and nothing in this Article diminishes any protection which Applicable Law affords to children.

5.12 Deemed satisfaction. Upon the Act of Agreement the Conditions Precedent shall be deemed satisfied, save where the Licensee knows that any of them is not. The Licensor shall not rely upon this deeming against any person below the age stated in Clause 5.2, nor to establish that a person was the same at Item 15 as at Item 1 where the device is shown to have changed hands in the interval.

Article VI. Candour of Responses

6.1 Application. This Article applies to every Response given by the Licensee to any Item, and to the frame of mind in which it is given, so far as a frame of mind is capable of being the subject of contract, which the parties doubt.

6.2 Request for candour. The Licensor requests, and does not require, that the Licensee select for each Item the Response which describes the Licensee as the Licensee actually is, and not:

• (a) as the Licensee would wish to appear, whether to others or to the Licensee;
• (b) as the Licensee appeared on the single most creditable, or the single least creditable, day of the Licensee's life;
• (c) as the Licensee would present before an interview panel, on a first meeting of romantic purpose, in a court of law, to a parent, or to any person from whom the Licensee hopes presently to borrow money; or
• (d) as the Licensee supposes a person of the Licensee's preferred Archetype would answer.

6.3 Frame of reference. For the purposes of Clause 6.2, and unless an Item expressly provides otherwise:

• (a) the expressions "rarely or never true of me", "sometimes true" and "usually true", which constitute Responses A, B and C respectively, refer to the Licensee's ordinary course of conduct and experience over a period of years, and not to the morning on which the Instrument is completed, the preceding fortnight, or the Licensee's conduct while on holiday;
• (b) an Item shall be answered by reference to the Licensee as the Licensee in fact is, and not by reference to a hypothetical situation in which the Licensee is a spy, a monarch, a castaway or the last person alive;
• (c) the word "me", where it appears in a Response, refers to the Licensee and not to the Countenance, which Article IV establishes has no standing to answer anything; and
• (d) any ambiguity in an Item shall be resolved by the Licensee, in whichever sense the Licensee first understands it, and that resolution is final and binds the Licensor, the Item having had its opportunity to be clear.

6.4 No warranty of candour. Notwithstanding Clause 6.2:

• (a) the Licensee gives no warranty, representation or undertaking as to the truth, accuracy or sincerity of any Response, and the Licensor neither demands one nor would have any means of enforcing one;
• (b) no Response shall constitute a misrepresentation inducing this Agreement, nor found any claim, set-off, counterclaim, termination or rescission at the instance of the Licensor;
• (c) the Licensor shall not investigate, test, audit or challenge the candour of any Response, and possesses no method of doing so which it would be prepared to describe as reliable; and
• (d) the sole consequence of an inaccurate Response is inaccurate Mirror Output, for which the Licensee bears no liability to the Licensor, and as to which the Licensor's position is stated in Clause 14.1, subject always to Clause 15.5.

6.5 Candour of high scorers. The parties note, as a matter of record and not of obligation, the meta-analytic review of Ray, Hall, Rivera-Hudson, Poythress, Lilienfeld and Morano (2013), which is among the Cited Literature, and which reports that persons who score highly on self-reported psychopathic traits tend, on the whole, to answer such questionnaires fairly candidly, and do not, as a class, dress up their answers in order to appear better than they are. It follows that the Licensor does not regard a high Total as presumptively the product of mischief, nor a low Total as presumptively the product of modesty, and no Licensee shall be treated as having answered otherwise than in good faith by reason only of the Band obtained.

6.6 Aspirational Coldness. The parties further acknowledge that the greater threat to the accuracy of Mirror Output arises not from those who score highly but from those who, without scoring highly, shade their Responses toward the Cold Calculator Archetype because it sounds better at parties (such shading being hereinafter "Aspirational Coldness"). In respect of Aspirational Coldness:

• (a) it is not a breach of this Agreement, and the Licensor shall take no action in respect of it;
• (b) Mirror Output obtained by Aspirational Coldness accurately reflects the Licensee's taste in Archetypes, and reflects the Licensee only so far as that taste forms part of the Licensee's character;
• (c) the Licensor gives no warranty that the Cold Calculator Archetype sounds better at parties, or anywhere, and draws the Licensee's attention to Article VIII, which records that the Instrument diagnoses nothing, and to Article IX, which records that a shared result page may be seen by anyone who has its address; and
• (d) the converse practice, of shading Responses toward the Empathic Anchor Archetype from modesty, caution or the presence of a parent in the room (hereinafter "Defensive Warmth"), is governed by paragraphs (a) to (c), mutatis mutandis.

6.7 Indifference of the Licensor. The Licensor is indifferent as to which Response the Licensee selects for any Item and as to which Archetype, Band or Dial score results. In particular:

• (a) no Item has a right answer, no Band is a pass mark, and no Archetype is a prize;
• (b) the Licensor will think no less of the Licensee by reason of any Response, the Licensor holding no information by which it could know of whom to think less (Clause 10.3); and
• (c) the aggregate statistics described in Article X record the share of each Archetype among completions of the Instrument and do not constitute a league table, and no Licensee shall be ranked against another by reason of them.

6.8 Repetition. The Licensee may complete the Instrument as often as the Licensee wishes. Each completion gives rise to its own Retained Record under Clause 10.2, and a later completion neither revokes, amends nor supersedes an earlier one, which may be removed only by a request for deletion under Clause 10.6. A Licensee who completes the Instrument repeatedly until obtaining a preferred Archetype has, by that process, answered a different question from the one the Instrument asks, namely which Archetype the Licensee prefers, and the Mirror Output answers that question with complete accuracy.

6.9 The middle Response. Response B ("sometimes true") is a full and proper Response, and not an abstention, an evasion or a failure to decide, and no adverse inference shall be drawn from its frequent selection. The parties record, for completeness, that a Licensee who selects Response B for all fifteen Items obtains five on each Dial, a Total of fifteen falling within the Moderate Band, and three Dials in exact equipoise, which the scoring rules resolve by reporting the tie jointly; and that this outcome is unaffected by the Reverse-Keyed Items, for the reason given in Article VII.

6.10 Observation by others. The Licensor recommends, without requiring, that the Licensee complete the Instrument where no other person can read the screen, the presence of an observer being apt to induce Aspirational Coldness, Defensive Warmth or performance. A person reading over the Licensee's shoulder is not a party to this Agreement, has performed no Act of Agreement, acquires no right under it, and shall not be heard on the accuracy of any Response, however firmly that person holds a view about what the Licensee is really like.

6.11 Disclosure of purpose. The Licensee is under no obligation to disclose to the Licensor the reason for which the Licensee uses the Instrument, including whether the Licensee answers in earnest, in jest, under a dare, or for the purpose of comparing results with a sibling; and the Licensor, which does not ask and could not record an answer, no free text being retained (Clause 10.3), shall not infer one.

6.12 Reciprocal candour of the Licensor. In return for the Licensee's candour, if given, the Licensor discloses in this Agreement the scoring of every Item (Clause 1.1 and Article VII) and the Band into which every possible Total falls, so that the Licensee may, if so minded, compute the Mirror Output for any combination of Responses before giving any of them. The Licensor regards that exercise as permitted, and as defeating the purpose of a mirror in the manner of a person who arranges the face before looking.

6.13 Effect of this Article. Nothing in this Article makes the accuracy of Mirror Output a term of this Agreement, enlarges any warranty, or qualifies Article VIII, Clause 8.1 or Clause 14.1. The request in Clause 6.2 is a request. The Licensee may decline it silently, and the Licensor will never know.

Article VII. Reverse-Keyed Items

7.1 Designation. Items 5, 7 and 12 are designated Reverse-Keyed Items. Each is assigned to a different Dial (Item 5 to Meanness, Item 7 to Boldness and Item 12 to Disinhibition), so that every Dial contains exactly one Reverse-Keyed Item among its five Items, and no Dial is more or less inverted than any other.

7.2 Scoring. Each Reverse-Keyed Item is scored A = 2, B = 1, C = 0. Every other Item is scored A = 0, B = 1, C = 2. The points so obtained are added within each Dial to produce the score for that Dial, and the three Dial scores are added to produce the Total, without weighting, rounding or adjustment of any kind.

7.3 Status. A Reverse-Keyed Item is an Item for every purpose of this Agreement. It is of equal weight and dignity with every other Item, and is in no way marked out from its neighbours by typeface, colour, position or warning. It is worded so that agreement with it indicates less, rather than more, of the trait measured by its Dial. It is not a misrepresentation, a trap or a test of the Licensee's attention, although it may incidentally operate as the last of these, and the Licensor accepts no liability for any attention so tested.

7.4 Purpose. The Reverse-Keyed Items exist to counteract acquiescent responding, being the tendency of some respondents to agree with statements irrespective of their content, whether from politeness or haste or from the momentum of having just agreed to this Agreement. Were every Item scored alike, a Licensee who selected Response C throughout would obtain ten on every Dial and a Total of thirty, and would be presented with the most extreme Mirror Output of which the Instrument is capable on the strength of nothing more than a consistent thumb. The device is known, without disparagement, as the cheapest trick in psychometrics: it costs nothing, and it works even upon those who know of it.

7.5 Arithmetic. For the avoidance of doubt, and by way of illustration only:

• (a) a Licensee who selects Response C for every Item obtains eight on each Dial and a Total of twenty-four, which falls within the High Band and, with all three Dials at seven or above, yields the Full Spectrum Archetype; but that Total falls short of the maximum by exactly the six points which the Reverse-Keyed Items withhold, and the Mirror Output so generated records a person who has, on each Dial, affirmed both the trait and its opposite;
• (b) a Licensee who selects Response A for every Item obtains two on each Dial and a Total of six, which falls within the Low Band and, being seven or below, yields the Empathic Anchor Archetype; and
• (c) a Licensee who selects Response B for every Item obtains the result described in Clause 6.9, Response B being scored 1 under either rule and therefore invariant under reverse-keying, as a point lying in the plane of a mirror is unmoved by it.

7.6 Inversion as reflection. A Reverse-Keyed Item is, in its scoring, the reflection of an ordinary Item, the values of the Responses being transposed about Response B as left and right are conventionally transposed about the vertical axis of a looking-glass. The inversion applies to the scoring and to nothing else: the text of the Item, its Response options and their order upon the screen are presented as for every other Item, the right way round.

7.7 No counter-inversion. The inversion is applied once, by the Site, at the time of scoring. The Licensee is requested to answer each Reverse-Keyed Item in its plain sense, as it applies to the Licensee, and to do no inverting of the Licensee's own. A Licensee who, having identified a Reverse-Keyed Item, deliberately selects the Response opposite to the true one in order to correct for the inversion, superimposes a second reflection upon the first; two reflections restore the original orientation; and the points so produced record the opposite of the Licensee's true position on that Item, to which Clause 6.4 applies as it applies to any other inaccurate Response.

7.8 Disclosure. The Licensor discloses the identity of the Reverse-Keyed Items in Clause 1.1 and in Clause 7.1, and has no objection to the Licensee knowing it before beginning the Instrument. No Licensee who has acquired that knowledge, whether as a Diligent Reader or by any other route, shall be disqualified, penalised or have any Response adjusted by reason of it.

7.9 Moral standing. A Reverse-Keyed Item has no moral standing. It is neither kinder nor more severe than any other Item; a low score upon it is not a reproach and a high score upon it is not a compliment; and a Response of C to a Reverse-Keyed Item is not, by reason of scoring nil, a low Response in any sense other than the arithmetical. The parties acknowledge the temptation to regard Items 5, 7 and 12 as dissenters, or as the awkward members of an otherwise agreeable group, and agree that the Reverse-Keyed Items shall not be personified for any purpose of this Agreement, this Clause excepted.

7.10 Disputes concerning reverse-keying. Any disagreement as to whether an Item is, or ought to be, reverse-keyed, or as to the propriety of reverse-keying generally:

• (a) is a disagreement about the Instrument and not about the Licensee's character, a Licensee who considers Item 7 to be, for that Licensee personally, scored the wrong way round being entitled to hold that view without inference;
• (b) may be raised with the Licensor by Notice given in accordance with Clause 20.2 and, if pursued further, shall be dealt with under Article XXI, the Licensor recording its expectation that no court will be detained long by it; and
• (c) shall give rise to no adjustment of any Dial score, Total, Band or Archetype already generated, and shall not be referred to the Licensee's Countenance, which Clause 4.7 deprives of any casting vote.

7.11 Amendment. The identity and number of the Reverse-Keyed Items may be changed in a later version of the Instrument in accordance with Clause 23.1. Any such change is without retroactive effect: each Retained Record under Clause 10.2 stands scored under the rules in force when it was made, and no Licensee's Archetype shall be recalculated, improved or worsened by reason of a later decision to invert, or to cease to invert, any Item.

7.12 Uniformity. The inversion described in this Article is applied identically to every Licensee and to every completion of the Instrument. The Licensor shall not apply it selectively or extend it to any Item not designated in Clause 7.1, and no Licensee may elect to have the Reverse-Keyed Items scored as ordinary Items, however strongly the Licensee prefers the arithmetic of Clause 7.4.

Article VIII. No Diagnosis and No Clinical Relationship

8.1 No diagnosis. The Instrument is not a diagnosis, and no Mirror Output is a diagnosis. Without prejudice to the generality of the foregoing, and for the avoidance of every doubt that the remainder of this Agreement might otherwise be thought to raise:

• (a) the Instrument is not a medical device, a clinical test, a psychological assessment administered by a qualified person, or a screening tool for any condition, disorder or illness, and it has not been approved, cleared, registered or validated as any of those things by any regulator, professional body or court in any jurisdiction;
• (b) no Archetype, Band, Dial score or Total, and no Badge, share text or other part of the Mirror Output, states, implies or is evidence that the Licensee or any other person has, or does not have, psychopathy, antisocial personality disorder or any other mental health condition, personality disorder or diagnosable state whatsoever;
• (c) the Instrument is provided for entertainment and self-reflection only, and the Licensee shall treat the Mirror Output accordingly, that is to say as a reflection offered for interest and not as a finding made for any purpose; and
• (d) the Instrument is no substitute for the advice of a qualified professional, which Clause 8.7 commends to any Licensee who is concerned.

8.2 Psychopathy not a diagnostic category. The Licensee acknowledges, and the Licensor records, that "psychopathy" is not a diagnosis listed in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), and that the nearest diagnosis that manual does contain is antisocial personality disorder, which is a distinct construct with criteria of its own and which overlaps with psychopathy in part only. The Instrument measures neither the one nor the other. It presents fifteen Items arranged upon three Dials drawn from the triarchic model described in the Cited Literature (Patrick, Fowles & Krueger, 2009), and the said model is a framework for describing traits as they vary between persons, not a schedule of illnesses from which a person may be found to suffer.

8.3 The clinical standard. The clinical and forensic standard for the assessment of psychopathy is the Hare Psychopathy Checklist-Revised (the "PCL-R") described in the Cited Literature (Hare, 2003), the proper administration of which requires, inter alia:

• (a) a rater who has been trained in its use;
• (b) an interview with the person assessed; and
• (c) a review of that person's records and of other collateral information concerning that person's history.

The Instrument possesses none of those things. It has no rater, trained or otherwise; it conducts no interview, the Items being statements to which the Licensee responds alone, at a time and in a posture of the Licensee's choosing; and it consults no records, holding none of the kind that the PCL-R requires (Clause 10.3).

8.4 Self-report and its limits. The Instrument is a self-report questionnaire, and the Licensee acknowledges that scores on self-report measures of psychopathic traits correlate only moderately with ratings made by clinicians, such that two persons with identical Totals may receive quite different clinical assessments, and a clinician's assessment of any person may differ materially from the Mirror Output that person obtains. The Instrument is further subject to the limitations of brevity (fifteen Items being few), of self-knowledge (the Licensee being an interested witness in the Licensee's own cause, as to which Article VI applies) and of mood, fatigue and the hour. A Total is an arithmetic sum of Responses scored under the rules of the Instrument, including the inversion described in Article VII; it is not a measurement taken of the Licensee. The description of the Instrument elsewhere in this Agreement as a mirror is figurative: a mirror shows what is placed before it, whereas the Instrument shows an arrangement of what the Licensee has said about the Licensee, which is a different and a lesser thing.

8.5 Dimensional, not categorical. The traits that the Instrument reflects are dimensional and not categorical. The Licensee is referred to the taxometric findings reported in the Cited Literature (Edens, Marcus, Lilienfeld & Poythress, 2006) under the title "Psychopathic, not psychopath", which support the view that such traits vary by degree across the whole population and do not divide it into a class of psychopaths and a class of everyone else. Accordingly:

• (a) the Bands (Low, Moderate, Elevated and High) and the boundaries between them, which fall between Totals of 7 and 8, of 15 and 16, and of 22 and 23, are conveniences of presentation chosen by the Licensor, and are neither thresholds discovered in nature nor clinical cut-off scores, so that a Licensee with a Total of 7 receives the Archetype "Empathic Anchor" and a Licensee with a Total of 8 does not, although the two may differ by a single point upon a single Item;
• (b) the Archetypes are descriptive labels attached to patterns of Dial scores under the rules by which the Instrument assigns them, and are not types, kinds, species or diagnoses into which persons fall, and in particular:
  • (i) no Licensee assigned the Archetype "Full Spectrum" is thereby shown to be a psychopath;
  • (ii) no Licensee assigned the Archetype "Empathic Anchor" is thereby certified as free of any trait, or as empathic, or as an anchor; and
  • (iii) where the highest Dials are tied and Archetypes are reported jointly, the Licensee is not thereby two persons; and
• (c) a Licensee whose Total moves from one Band to another upon a second attempt has not changed category, there being no category to change, but has given different Responses.

8.6 No clinical relationship. No relationship of clinician and patient, or of therapist and client, and no other relationship of a professional or fiduciary character or of confidence, arises between the Licensor and the Licensee, or between the Licensee and any Third-Party Processor, any author of Cited Literature or any Reflective Surface, by reason of:

• (a) the Act of Agreement under Clause 2.3;
• (b) the Licensee's giving of Responses, however candid, under Article VI;
• (c) the generation, display or sharing of Mirror Output;
• (d) any correspondence sent to legal@areyouapsychopath.com, including correspondence describing the Licensee's state of mind; or
• (e) the Licensee's perceiving in the Instrument, considered as a figurative mirror, any Countenance that appears to understand the Licensee.

The Licensor accordingly owes the Licensee none of the duties that attach to a clinical relationship, including any duty to assess, to treat, to follow up, to refer, to warn or to keep confidence in the clinical sense, and the Licensee is reminded that a result page may be viewed by any person who holds its address (Article IX), which is not how clinical records are kept. No mirror listed in Schedule A, paragraph 1, holds a licence to practise medicine or psychology in any jurisdiction, and none has applied.

8.7 Professional advice. A Licensee who is concerned about any aspect of the Licensee's own mental health, personality, relationships or conduct, or who has been made uneasy by any Mirror Output, should consult a qualified professional, such as a general practitioner or family doctor, a registered clinical psychologist, a psychiatrist, or another licensed practitioner of mental health care in the Licensee's jurisdiction. The same applies, mutatis mutandis, to a Licensee concerned about another person. The Licensor is unable to recommend, refer to or arrange any such professional, and the Licensee shall not construe the absence of a referral as an indication that none is needed. A Licensee who does consult a professional may show that professional the Mirror Output if the Licensee so wishes, on the understanding, which the professional is likely to share, that it is the product of a fifteen-Item entertainment quiz and carries the weight of one.

8.8 Crisis. If the Licensee is in crisis, or is at risk of harming the Licensee or any other person, the Licensee should contact local emergency services immediately, or a crisis telephone line or text service operating in the Licensee's country. This Clause 8.8 is to be read literally and acted upon at once, and in particular:

• (a) the Licensee need not complete the Instrument, finish reading this Article or this Agreement, or perform or rescind the Act of Agreement before making such contact, and no provision of this Agreement shall be construed as delaying, conditioning or discouraging it;
• (b) the Instrument does not monitor Responses for signs of distress, and the Licensor, holding no name, email address or other means of reaching any Licensee (Clause 10.3), cannot and will not contact the Licensee or any other person on the strength of any Responses or Mirror Output; and
• (c) a message sent to legal@areyouapsychopath.com is not a means of obtaining emergency help and may not be read promptly.

8.9 Decisions about persons. The Instrument has not been designed, tested or validated for the making of any decision about any person, and Mirror Output shall not form any part of the basis of such a decision, whether as to employment, tenancy, education, the care of children, any legal proceeding, clinical treatment or the fitness of any person for any position of trust, the particular prohibitions being set out in Article XII. A person who receives another's Mirror Output receives a reflection that the other person chose to show, and nothing more.

8.10 Cited Literature and the Small Print. The works of the Cited Literature are cited in this Article to explain the nature and the limits of the Instrument, and their citation implies neither that their authors have reviewed or endorsed the Instrument nor that it reproduces any measure they devised (Article XIII), nor any affiliation with the author or publisher of the PCL-R. The Small Print, being informative only, forms no part of this Agreement, save that where it says the Instrument is not a diagnosis, it and this Article are in perfect agreement.

8.11 Precedence and saving. Save only Clause 15.5, which prevails over everything, this Article prevails over any other provision of this Agreement, and over any statement in the Mirror Output or on the Site, that is capable of being read as attributing clinical or diagnostic significance, or any power of prediction, to the Instrument; and no figurative or reflective language elsewhere in this Agreement, including in Article IV and in Schedule A, shall be construed as qualifying Clause 8.1. Nothing in this Article excludes or limits any liability that cannot be excluded or limited under Applicable Law (Clause 15.5), or any right of the Licensee that Applicable Law makes incapable of waiver.

8.12 Plain restatement. Stripped of its apparatus, this Article provides that:

• (a) the Instrument is a quiz for entertainment and self-reflection, and is not a diagnosis of anything;
• (b) psychopathy is not a DSM-5 diagnosis, and the clinical tool used to assess it requires a trained rater, an interview and records, none of which the Instrument has;
• (c) self-report quizzes agree only moderately with clinicians;
• (d) the traits concerned are a matter of degree, and nobody is made "a psychopath" by an Archetype;
• (e) the Licensor is not the Licensee's clinician;
• (f) anyone who is concerned should consult a qualified professional; and
• (g) anyone in crisis should contact local emergency services now.

Article IX. Mirror Output and Its Reproduction

9.1 Application. This Article applies to Mirror Output in every form in which the Site generates it, namely the result page, the result card, the share image, the story image, the share text and every Badge, and to every copy, print, screenshot, forward, repost, quotation, photograph or other reproduction of any of them, whether made upon a screen, upon paper or upon a Reflective Surface.

9.2 Permission to share. Subject to Clause 9.3 and to Article XII, the Licensee may reproduce, display, post, send, print and otherwise share the Licensee's own Mirror Output for personal, non-commercial purposes, by any means and in any medium, including social media, private messages, group conversations, printed matter and the door of a refrigerator, without asking the Licensor and without payment to anyone. The said permission:

• (a) extends to cropping, resizing and compressing Mirror Output, and to captioning it with the Licensee's own words, and the removal of a Badge by cropping is not an alteration for the purposes of Clause 9.3;
• (b) does not extend to any reproduction made for sale, for advertising, for merchandise or otherwise for commercial gain, as to which Article III and Article XIII govern; and
• (c) continues for so long as the copy exists, and is not withdrawn by the termination of this Agreement under Article XVIII, by the publication of a later version of this Agreement under Clause 23.1 or by a deletion under Clause 10.6, save that a deletion removes the result page from the Site in the manner described in Clause 9.4(c).

9.3 Conditions of reproduction. The Licensee shall not, in reproducing Mirror Output, present it as genuine after altering the result it shows (Clause 9.8), as the result of a person other than the Licensee (Clause 9.11), as a diagnosis or clinical finding of any kind (Clause 8.1) or as bearing the endorsement of the Licensor (Clause 9.9).

9.4 Result pages are public. Each result page is reached at an address containing its Result Identifier, and may be viewed by any person who has that address. The Licensee acknowledges that:

• (a) the Result Identifier is a random string, generated so as to be unguessable, but it is not a password, and the address ceases to be secret once the Licensee has shared it, shown it, or left it upon a device to which another person has access (as to the list of Result Identifiers kept by the Licensee's browser, Clause 10.4 applies);
• (b) any recipient of the address may view the result page and may pass the address to others, and the Licensor has no means of knowing who has done so, nor of limiting the persons to whom it is passed;
• (c) upon a request under Clause 10.6 the result is deleted and the result page ceases to be available on the Site, but no deletion can recall any screenshot, downloaded share image, printed card, quotation or recollection of the result made before the deletion took effect; and
• (d) the result page may display particulars that the share image and the story image omit (Clause 9.6), and a Licensee who shares the address of a result page shares the page, and not merely the card.

9.5 Badges. A Badge is an annotation printed on Mirror Output, and includes the record of the Agreement Interval made under Clause 2.5, which may appear in a form such as "Agreed to 49,004 words in 1.4 seconds". As to Badges:

• (a) the Badge recording the Agreement Interval states the time measured by the Site between the display of the licence dialog and the Act of Agreement, and is subject to the accuracy of the device on which it was measured, the speed at which the dialog was drawn, and every other circumstance by which a device's sense of time may differ from the Licensee's;
• (b) the Agreement Interval proves the interval and nothing else, and in particular:
  • (i) a short Agreement Interval is not evidence that the Licensee did not read this Agreement, the Licensee having perhaps read it on an earlier occasion, or being a reader of uncommon speed, or having been told what it says by someone who had;
  • (ii) a long Agreement Interval is not evidence that the Licensee read this Agreement, the dialog having perhaps remained open while the Licensee answered a door, boiled a kettle or reconsidered the whole enterprise; and
  • (iii) neither is evidence of comprehension, of character, of any score upon any Dial, or of consent of any quality greater than that which Clause 2.3 requires;
• (c) a Badge is not a certificate, qualification, honour or decoration under any honours system, and confers no title, no precedence and no right to wear it upon a uniform; and
• (d) the Licensee consented under Clause 2.5 to the display of the Agreement Interval as a Badge, and Mirror Output shared under Clause 9.2 carries its Badges with it, so that a Licensee unwilling to publish the speed of the Licensee's agreement should crop it out, which Clause 9.2(a) permits.

9.6 Omission of raw scores. The share image and the story image omit the raw Dial scores by design, in order that the Licensee may show the general shape of the Licensee's reflection without publishing its measurements. The Licensor gives no assurance that a reader cannot infer something of the Dial scores from whatever the share image does display, inference being a faculty the Licensor does not license and cannot restrain. A Licensee who wishes to publish the Licensee's Dial scores may do so by sharing the result page or by stating them, and in that event does so by the Licensee's own choice, the omission being a default and not a prohibition.

9.7 Arrivals through shared results. Where a person reaches the Site through the address of a result that the Licensee has shared and then completes the Instrument, the Result Identifier of the Licensee's shared result is recorded in that person's Retained Record under Clause 10.2. No name of the Licensee or of that person is recorded, there being none to record, and the Licensor does not thereby learn who either of them is; it learns only that one anonymous result led to another, which is the whole of the information and somewhat less than a family tree.

9.8 Altered and counterfeit output. An image, text or page that purports to be Mirror Output, but was not generated by the Instrument from the Responses of the person to whom it is attributed, is not Mirror Output, however closely it resembles it, and the Licensor accepts no responsibility for it. The Licensee may make such an item for private amusement among persons who know it to be such, but shall not present it as genuine in order to deceive, to injure the reputation of any person or to obtain any advantage, and Article XII applies to any such presentation.

9.9 No implied endorsement. The appearance of the name of the Licensor or of the Site upon Mirror Output identifies its source and nothing more. Neither the Licensor, nor any author of Cited Literature (Article XIII), nor any Third-Party Processor endorses, sponsors, approves or vouches for:

• (a) the Licensee, or the Licensee's character, opinions, conduct, employer, products or candidacy for any office;
• (b) any caption, commentary, post or publication accompanying Mirror Output; or
• (c) any conclusion that any person draws from Mirror Output about the Licensee or about anyone else.

The Licensee shall not represent otherwise. An Archetype is not an award, and the words "Charismatic Operator" upon a share image are a description returned by fifteen Items and not a reference given by the Licensor.

9.10 The Licensee's own contributions. Any caption, commentary, edit of the share text or other material that the Licensee composes to accompany Mirror Output is the Licensee's own and remains so. Nothing in this Article assigns or licenses to the Licensor any right in anything the Licensee owns or creates, the only licence passing from the Licensee to the Licensor under this Agreement being the licence of Countenance under Clause 4.1, which is confined to the Instrument and has no application to anything the Licensee posts elsewhere. The pre-composed share text may be edited by the Licensee freely before it is sent, and once edited it becomes the Licensee's words, for which the Licensor answers in no respect.

9.11 Results describing others. Where the Licensee gives Responses not as the Licensee is but as the Licensee supposes some other person to be, the resulting Mirror Output describes nobody: it is the Licensee's estimate of that person, scored. Such Mirror Output shall not be presented as that person's result, nor as evidence concerning that person, and Clause 8.9 and Article XII apply to it with full force.

9.12 Each result a separate occasion. Each completion of the Instrument produces its own Mirror Output under its own Result Identifier. A later completion does not amend, supersede or overwrite an earlier one, and the Licensee's having obtained "Empathic Anchor" on a Tuesday and "Reckless Spark" on the following Saturday discloses two occasions and not a contradiction. Mirror Output generated under an earlier version of this Agreement is not altered retrospectively by any amendment made under Clause 23.1, and continues to bear such Badges as it bore when generated.

9.13 Reflections of Mirror Output. Where Mirror Output is displayed before a Reflective Surface listed in Schedule A, paragraph 1, the image thereby formed:

• (a) is a display of the Mirror Output and not a reproduction of it, and requires no further permission under Clause 9.2;
• (b) remains Mirror Output notwithstanding that its text is reversed, and is to be read, under the rules of interpretation in Clause 1.2, as though it were the right way round; and
• (c) is not a second result, and entitles the Licensee to no second Archetype, no reversed Band and no Badge reading backwards.

The commercial exhibition of reflections so arranged that they face one another is dealt with in Article XII.

9.14 Durable reproductions. Nothing in this Article prohibits the Licensee from reproducing Mirror Output in a durable medium for personal purposes, including by framing, embroidery or tattooing. The Licensee acknowledges that Mirror Output is a record of Responses given on one occasion, that the Licensee's next Responses may differ (Clause 9.12), and that the Licensor will not reissue, correct or remove any such reproduction, Clause 10.6 operating upon the Site and not upon skin.

Article X. Data, Records and the Absence of Names

10.1 Scope. This Article applies to information concerning the Licensee's use of the Instrument that is stored by or for the Licensor, and to information that the Site causes the Licensee's own browser to keep. Telemetry is governed by Article XI, save that Clauses 10.5, 10.7 and 10.10 apply to Telemetry as they apply to the Retained Record. The Licensee is reminded that:

• (a) the Instrument is free, and there are no accounts, no logins and no payments, so that the Licensor holds none of the data that accounts, logins and payments ordinarily generate;
• (b) the list in Clause 10.2 is complete, and the rule of construction known as ejusdem generis, together with every other rule by which a list may be enlarged by implication, is disapplied in relation to it, so that nothing is retained by reason only of resembling something that is;
• (c) Clause 10.3 names particular things that are not retained, for the reassurance of the Licensee, and its silence as to any other thing implies nothing, Clause 10.2 alone determining what is retained; and
• (d) nothing in this Agreement, the Small Print or the Site shall be read as permitting the Licensor to store more than Clause 10.2 describes.

10.2 The Retained Record. Upon the Licensee's completion of the Instrument, the Licensor stores the following, and nothing else, in a Postgres database operated by Neon in the United States (that data being the "Retained Record"):

• (a) a Result Identifier, being a random string generated for that result, which identifies the result and does not identify the Licensee, the Licensee's device or the Licensee's Countenance;
• (b) the fifteen Responses, each being A, B or C, as given to the fifteen Items;
• (c) the three Dial scores (Boldness, Meanness and Disinhibition, each from 0 to 10), the Total (from 0 to 30), the Band and the Archetype, each as computed from those Responses under the scoring rules of the Instrument, including the inversion that applies to the Reverse-Keyed Items under Article VII;
• (d) the version of this Agreement that the Licensee accepted, and the Agreement Interval recorded under Clause 2.5, expressed in milliseconds;
• (e) whether or not the Diligent Reader condition was satisfied, recorded as a single answer of yes or no;
• (f) where the Licensee arrived at the Site through the address of a shared result, the Result Identifier of that shared result, and otherwise nothing under this paragraph (f);
• (g) a two-letter country code, such as "GB" or "US", derived by the hosting provider from the request, and no region, city, postal code, coordinate or other finer indication of place;
• (h) where the address by which the Licensee reached the Site carried a "utm_source" campaign tag, the value of that tag, and otherwise nothing under this paragraph (h); and
• (i) a timestamp.

The Retained Record is created upon completion. Responses to an Instrument that is begun and then abandoned are kept only by the Licensee's browser under Clause 10.4, and the Licensor's knowledge of the abandonment, if it has any, is confined to the Telemetry described in Article XI.

10.3 Data not retained. Without prejudice to the exhaustive character of Clause 10.2, the Licensor does not store, in connection with the Instrument, any of the following:

• (a) the Licensee's name, or any other name by which the Licensee is known, including any alias, handle, maiden name or title of nobility;
• (b) any email address;
• (c) any IP address;
• (d) any precise location, the country code under Clause 10.2(g) being the whole of the Licensor's geography;
• (e) any account data, there being no accounts;
• (f) the browser's user-agent string; and
• (g) any free text, the Instrument providing no field in which the Licensee might type anything, whether an explanation of a Response, a protest at an Item or a remark about this Agreement; the single optional field of the Licence Dialog designated "Clause reference (optional)" excepted, whose contents are compared once against a fixed form of words and then discarded by the Licensor, the outcome of that comparison alone entering the Retained Record under Clause 10.2(e).

Provided always that:

• (i) the hosting provider necessarily processes the Licensee's IP address transiently, in order to deliver the pages of the Site to the Licensee's device and to detect automated traffic (Article XI), and derives the country code under Clause 10.2(g) from the request in the course of doing so; but the IP address itself is not entered in the Retained Record, and paragraph (c) is to be read subject to this proviso and not otherwise; and
• (ii) a Licensee who writes to legal@areyouapsychopath.com, whether under Clause 10.6 or for any other reason, necessarily discloses the address from which the message is sent and whatever the message contains, this Clause 10.3 concerning the Instrument and the Retained Record and not pretending that a letter can arrive without a sender; such correspondence forms no part of the Retained Record, and the Licensor uses it for no purpose other than dealing with it.

By way of illustration only, no image, sound or other record of the Licensee's Countenance is stored, the Instrument being a figurative mirror and the Retained Record containing no picture of anyone.

10.4 Browser storage. The Site causes the Licensee's own browser to keep, in its local storage and session storage:

• (a) a record that this Agreement has been accepted, comprising the Version, the Agreement Interval and, where the Diligent Reader condition was satisfied, the words entered under Clause 10.3(g), so that a Licensee who completes the Instrument again is not asked to agree again (Clause 2.10);
• (b) the Licensee's Responses while the Instrument is in progress; and
• (c) a list of the Licensee's own Result Identifiers.

Those items stay on the Licensee's device, and as to them the Licensee acknowledges that:

• (i) nothing in this Clause 10.4 qualifies Clause 10.2, under which the Responses form part of the Retained Record once the Instrument is completed;
• (ii) the Licensee may remove them at any time by clearing the storage that the Licensee's browser keeps for the Site, the means of which vary from browser to browser and form no part of this Agreement;
• (iii) the list in paragraph (c) is the only record kept by the Site of which results are the Licensee's, the Licensor cannot reconstruct it (holding nothing by which the Licensee's results might be found), and a Licensee who may later wish to request deletion under Clause 10.6 should therefore keep a separate note of the relevant Result Identifier or result address before clearing anything;
• (iv) any person with access to the same device and browser may be able to see those items, the browser not distinguishing between the Licensee and a sibling, a housemate or a reflection that borrows it; and
• (v) the Licensor sets no advertising cookies and no tracking cookies.

10.5 Third-Party Processors and place of storage. The Licensor uses the following Third-Party Processors, and any successor provider:

• (a) Vercel Inc., which hosts the Site, delivers its pages, provides Web Analytics and Speed Insights, and provides the detection of automated traffic, each as described in Article XI; and
• (b) Neon, which operates the Postgres database in which the Retained Record is stored, in the United States.

The Licensee acknowledges that the Retained Record is stored in the United States whatever the country indicated by the code under Clause 10.2(g), and that the law of the United States concerning data may differ from that of the Licensee's own country. Each Third-Party Processor processes data in the course of providing its services to the Licensor and under its own terms, and the Licensor engages none of them for any purpose of advertising, sale or marketing (Clause 10.7). The Licensor shall identify any successor provider in a version of this Agreement published under Clause 23.1.

10.6 Deletion on request. The Licensor holds no name, email address, IP address or other identity data in the Retained Record, and accordingly cannot look anyone up. The Result Identifier is the only key to any result. A Licensee who sends a Result Identifier, or the full address of a result page, to legal@areyouapsychopath.com, with a request that it be deleted, will have that result deleted. In relation to such a request:

• (a) no fee is payable, no form is required (though the form of Notice in Schedule C may be used), and no reason need be given, a wish not to be reflected being reason enough;
• (b) the Licensor shall act within a reasonable time, and in any event within any period that Applicable Law prescribes;
• (c) possession of the Result Identifier is the only credential that exists, and the Licensor, having no means of verifying who completed any Instrument, will act upon a request made by any person who supplies it;
• (d) a description of the Licensee, of the Licensee's Responses or of the approximate time of completion is not a substitute for the Result Identifier, many Licensees having answered alike and the Licensor having no means of telling which of them is writing;
• (e) deletion removes the Retained Record for that result and the result page at its address, but does not reach:
  • (i) any copy of Mirror Output made before the deletion took effect (Clause 9.4(c));
  • (ii) the items kept by the Licensee's own browser under Clause 10.4, which the Licensee may clear; or
  • (iii) any aggregate figure displayed under Clause 10.9 before the deletion took effect, such figures containing no Result Identifier and being derived from the Retained Records rather than being records in their own right;
• (f) the address from which the request is sent is dealt with under proviso (ii) to Clause 10.3; and
• (g) a request concerning a result obtained by a child under the age of 13, who ought not to have used the Site at all (Article V), may be made by a parent or guardian in the same manner, and will be dealt with in the same manner.

10.7 No sale and no advertising. The Licensor does not sell any data concerning any Licensee, does not share any such data for the purposes of advertising, does not profile any Licensee for marketing, and displays no advertising on the Site. For the purposes of this Clause:

• (a) "sell" includes any disclosure made in exchange for money or for any other valuable consideration, including services, data given in return, favourable terms or a reciprocal reflection;
• (b) the Act of Agreement is not, and shall not be construed as, consent to receive marketing of any kind, and the Licensor, holding no means of contacting any Licensee, could not send marketing if it wished to; and
• (c) a Licensee who completes the Instrument and obtains the Archetype "Charismatic Operator" is not thereby a lead, a prospect, a segment or an audience, and will not be treated as one.

10.8 Retention. The Retained Record is kept indefinitely, in the anonymous form described in Clause 10.2, unless its deletion is requested under Clause 10.6. "Indefinitely" means without a fixed date of deletion, and does not mean for ever; nothing in this Clause obliges the Licensor to keep any Retained Record, and the Licensor may delete any Retained Record at any time. The Retained Record is not deleted by reason only of the termination of this Agreement under Article XVIII or of the supersession of the version of this Agreement under which it was created, and the Licensee who wishes it gone should use Clause 10.6. The Licensor shall not combine any Retained Record with other data for the purpose of identifying any Licensee. The items kept by the Licensee's browser under Clause 10.4 are retained for so long as the browser keeps them, which is a matter between the Licensee and the browser.

10.9 Aggregate statistics. The Licensor displays on the Site aggregate statistics derived from the Retained Records, namely the number of completions of the Instrument, the share of completions resulting in each Archetype, and the number of Diligent Readers. As to them:

• (a) the Licensee's Retained Record contributes to those figures;
• (b) they disclose counts and proportions only, and disclose no Result Identifier, Response, Agreement Interval, country code or other particular of any individual Retained Record;
• (c) the figures are informative only, are not a survey of any population, and are not evidence of the prevalence of psychopathy anywhere, those who complete an entertainment quiz on a site of this name being a sample selected by curiosity, and the prevalence in the general adult population being the subject of the Cited Literature (Sanz-García, Gesteira, Sanz & García-Vera, 2021); and
• (d) automated or repeated completions in breach of Article XII may distort them, and the Licensor may exclude from them any Retained Record that it reasonably believes to have been so produced.

10.10 Statutory rights. Where Applicable Law, including the data protection law of the United Kingdom, of the European Union or of any State of the United States, grants the Licensee rights in relation to personal data, such as rights of access, rectification, erasure, restriction, portability or objection, or rights to know about or to opt out of the sale or sharing of personal data, the Licensor honours those rights so far as it is able, given that it holds no identity data and cannot tell which Retained Record, if any, belongs to the person asking. In particular:

• (a) as to access, a Licensee who supplies a Result Identifier to legal@areyouapsychopath.com may obtain the contents of the Retained Record for that result, much of which the result page already shows;
• (b) as to erasure, Clause 10.6 applies;
• (c) as to rectification, the Responses are recorded as they were given, and the Licensor will not amend them to reflect Responses the Licensee now wishes to have given, but the Licensee may complete the Instrument again (Clause 9.12) and request the deletion of the earlier result, the rectification of the Licensee's character lying outside the scope of this Agreement;
• (d) as to sale and sharing, there is no sale and no sharing for advertising (Clause 10.7), and therefore nothing from which to opt out, any signal by which the Licensee's browser asks that such things stop being honoured in the fullest sense available, namely that none of them has started;
• (e) where Applicable Law requires a requester's identity to be verified, possession of the Result Identifier is the only verification the Licensor is in a position to apply, and the Licensor will not ask for a name, a photograph or proof of Countenance, having nothing against which to compare them;
• (f) the Licensee's right to complain to a supervisory authority or other regulator under Applicable Law is unaffected; and
• (g) nothing in this Article or elsewhere in this Agreement waives or limits any right that Applicable Law makes incapable of waiver, and Clause 15.5 applies.

Article XI. Telemetry

11.1 Telemetry. "Telemetry" means the data described in this Article, which is gathered through services provided to the Licensor by Vercel Inc. in its capacity as a Third-Party Processor, namely:

• (a) Vercel Web Analytics, which is cookieless and which records page views and custom events in aggregated form (Clauses 11.2 and 11.3);
• (b) Vercel Speed Insights, which records measurements of page performance (Clause 11.4); and
• (c) Vercel BotID, which detects automated traffic by evaluating signals presented by the browser (Clause 11.5).

Telemetry is distinct from the Retained Record. It forms no part of the list in Clause 10.2, it is not the source of any Dial score or Archetype, and the Licensor does not use it to identify any Licensee, holding nothing against which a Licensee could be identified. Clauses 10.5, 10.7 and 10.10 apply to Telemetry as they apply to the Retained Record.

11.2 Web Analytics. Vercel Web Analytics provides the Licensor with aggregated counts of the page views of the Site, from which the Licensor learns, by way of example, how many times a page was viewed over a period, and does not learn who viewed it. For the purposes of this Article:

• (a) "cookieless" means that no cookie is placed upon the Licensee's device for the purposes of Web Analytics;
• (b) "aggregated" means that the Licensor receives totals, and does not receive a record of any visit attributed to any visitor; and
• (c) a page viewed once by the Licensee is one page view, and neither the Licensee's reflection in the darkened margin of the screen nor any person reading over the Licensee's shoulder is counted as a further visitor, or becomes a party to this Agreement on that account.

11.3 Custom events. In addition to page views, Web Analytics records custom events, each of which is a count of an occurrence on the Site, including:

• (a) "quiz started", recorded when the Instrument is begun, which records the beginning and not the Licensee's resolve to finish;
• (b) "quiz completed", recorded when the Instrument is completed, which records that a completion occurred and is not the Retained Record, the Retained Record being created separately under Clause 10.2; and
• (c) "shared", recorded when the Site's share control is used, from which the Licensor learns that something was shared and does not learn to whom, the identity of the recipient being known to the Licensee alone;

and such other custom events of like character as the Site may from time to time record, each being a count of something happening on the Site and none being a record of who caused it to happen. The difference between the number of "quiz started" events and the number of "quiz completed" events is a measure of attrition, from which the Licensor draws no inference about the perseverance, character or Dial scores of any Licensee who stopped, a Licensee being entitled to abandon the Instrument part-way for any reason or none.

11.4 Speed Insights. Vercel Speed Insights records measurements of the performance of the pages of the Site, such as how long a page takes to load and how promptly it responds when used, as experienced on the devices by which those pages are viewed. Those measurements concern the speed of the Site and not that of the Licensee, and accordingly:

• (a) the Agreement Interval is measured under Clause 2.5, forms part of the Retained Record under Clause 10.2(d), and is not Telemetry;
• (b) a slow page recorded by Speed Insights is a defect for the Licensor's attention and is not to be imputed to the Licensee's device, connection, reading speed or hesitation; and
• (c) no measurement made by Speed Insights shall be printed on Mirror Output as a Badge or otherwise, the Licensor having no wish to publish its own loading times on the Licensee's result card.

11.5 Automated-traffic detection. Vercel BotID evaluates signals presented by the browser in order to distinguish requests made by a natural person from requests made by automated means, and the Licensor uses it to protect the Instrument, the Retained Records and the aggregate statistics described in Clause 10.9 from the automated submissions prohibited by Article XII. As to it:

• (a) the hosting provider processes the IP address transiently for this purpose, as recorded in proviso (i) to Clause 10.3, and the signals evaluated are not added to the Retained Record, which contains only what Clause 10.2 lists;
• (b) a determination that a request appears automated is a technical classification of the request and not a finding about the Licensee, and in particular is neither a finding that the Licensee is not a natural person nor evidence bearing upon any Dial, the Meanness Dial included;
• (c) the Licensor does not warrant that any such determination is correct, and a Licensee who is mistakenly treated as automated, and who is unable in consequence to complete the Instrument, may try again, may try from another browser or may write to legal@areyouapsychopath.com, and shall not be treated as having breached Article XII by reason only of the mistaken classification; and
• (d) an automated agent is not a Licensee, the definition of that term in Clause 1.1 being confined to natural persons, but the natural person who deploys an automated agent remains bound by Article XII in respect of everything it does.

11.6 No cross-site tracking. Telemetry is not used to track the Licensee across other websites or applications, and the Licensor sets no advertising cookies and no tracking cookies (Clause 10.4). Telemetry is not sold, is not shared for advertising and is not used to profile any Licensee for marketing (Clause 10.7). The interest of the Licensor in the Licensee ends at the edge of the Site, and the Licensor does not follow the Licensee out of it, whether to another website, into an application, or into the Licensee's bathroom, the mirror in which this Agreement recognises as a Reflective Surface (Schedule A, paragraph 1) but from which the Licensor collects nothing whatever.

11.7 Blocking. The Licensee may block Telemetry by the settings of the Licensee's browser, by an extension or by any other content-blocking tool, and doing so is not a breach of this Agreement, Article XII included. The Licensor intends that the Instrument should continue to function when Web Analytics and Speed Insights are blocked, but gives no assurance that a completion will be accepted where the automated-traffic detection described in Clause 11.5 is prevented from running, since a browser that declines to present any signals is, from the standpoint of that detection, difficult to distinguish from a machine that declines to present any signals.

11.8 Requests concerning Telemetry. A Licensee may send any question or request concerning Telemetry to legal@areyouapsychopath.com, and Clause 10.10 applies; provided that Telemetry, being cookieless and aggregated, cannot generally be attributed to any Licensee, and the Licensor may in consequence be able to do little more than explain it, which this Article is intended already to have done.

11.9 Matters not measured. For the avoidance of doubt, no Telemetry records the Licensee's facial expression at any stage, including upon the display of an Archetype, and no Telemetry records the Licensee's Countenance in any Reflective Surface. The particulars of the Licensee's acceptance of this Agreement that are attached to any result, namely the version accepted, the Agreement Interval and whether the Diligent Reader condition was satisfied, are those set out in Clause 10.2(d) and (e), and the Agreement Interval, as Article IX explains, proves the interval and nothing else.

11.10 Changes to Telemetry. The Licensor shall not add to Telemetry any category of data not described in this Article, nor any service other than those named in Clause 11.1, without first describing it in a version of this Agreement published under Clause 23.1; provided that the renaming of a custom event, or the addition of a custom event of like character to those described in Clause 11.3, is not a new category for this purpose.

Article XII. Prohibited Conduct

12.1 Application. This Article applies to the conduct of the Licensee in connection with the Site, the Instrument and Mirror Output. The Licensee shall not engage in any conduct prohibited by this Article, nor procure, encourage or knowingly permit any other person, any automated agent or any reflection of the Licensee to engage in it on the Licensee's behalf. The prohibitions are to be construed reasonably and in accordance with their purpose, which is the protection of the Instrument, of the aggregate statistics described in Clause 10.9 and of other persons, and not so as to catch the ordinary use of the Site by a natural person in good faith; and the examples given are illustrative only, and do not enlarge any prohibition beyond its terms.

Part 1. Automated and Abusive Use

12.2 Scraping. The Licensee shall not, by any robot, spider, scraper, script or other automated means, access, crawl, copy, harvest or index the Site, any result page or the aggregate statistics described in Clause 10.9, nor extract in bulk the Items, the Mirror Output of others or any other content of the Site. For the avoidance of doubt:

• (a) assistive technology used by the Licensee to perceive or to operate the Site, including a screen reader, a magnifier, a translation tool, a reader mode, and switch or voice control, is not automated means, and the Licensor welcomes its use; and
• (b) the ordinary operation of the Licensee's browser, including its prefetching, caching and preview of links, is not automated means.

12.3 Automated submissions. The Licensee shall not complete the Instrument, select any Response or perform the Act of Agreement otherwise than personally, by the Licensee's own hand or voice or by assistive technology within Clause 12.2(a), and in particular shall not submit Responses by script, by direct request to any interface of the Site, or by any other means that bypasses the Items as presented. Responses entered by a cat walking across the Licensee's keyboard are the Licensee's Responses, the cat not being a party, and are not an automated submission; but nor are they candid within the meaning of Article VI.

12.4 Inflation and distortion. The Licensee shall not complete the Instrument repeatedly, or cause it to be completed repeatedly, for the purpose of inflating or distorting the number of completions, the share of any Archetype, the number of Diligent Readers or any other aggregate statistic, and shall not:

• (a) fabricate or alter "utm_source" campaign tags, or contrive arrivals through the addresses of shared results, for the purpose of misrepresenting how Licensees come to the Site (Clause 10.2(f) and (h));
• (b) interfere with the measurement of the Agreement Interval under Clause 2.5, whether by altering the code of the Site as it runs on the Licensee's device, by adjusting the device's clock or otherwise, so as to cause a Badge to state an interval that was not in fact measured; or
• (c) interfere with any Telemetry so as to falsify it, which is to be distinguished from blocking it, as Clause 11.7 permits.

Provided always that the Licensee may complete the Instrument as many times as the Licensee wishes, out of curiosity, to see whether the Licensee's Responses have changed, to show a friend how it works, or to read what a different Archetype says, and repetition of that kind is not inflation, the distinction lying in purpose and in scale rather than in any fixed number of attempts.

12.5 Security and probing. The Licensee shall not:

• (a) attempt to discover the address of any result page other than one that the Licensee has completed or has been given, whether by guessing, enumerating or generating Result Identifiers or otherwise;
• (b) attempt to obtain access to the database in which the Retained Records are stored, or to any Retained Record otherwise than by visiting the address of its result page;
• (c) circumvent, disable or interfere with the automated-traffic detection described in Clause 11.5 or any other security feature of the Site, save that the Licensee's merely declining to run it, with the consequence described in Clause 11.7, is not circumvention;
• (d) introduce any virus or other malicious code, impose any excessive load, or test the vulnerability of the Site, save with the prior written consent of the Licensor sought through legal@areyouapsychopath.com; or
• (e) frame the Site within another site, or present any page of it under an address or appearance suggesting a source other than the Licensor.

A Licensee who comes upon a vulnerability in good faith, does not exploit it and reports it promptly to legal@areyouapsychopath.com shall not be treated as in breach of this Clause by reason of having come upon it.

12.6 Reverse-engineering of share images. The Licensee shall not decompile, disassemble or reverse-engineer the means by which the Site generates result cards, share images or story images, for the purpose of producing images that imitate Mirror Output without having been generated by the Instrument from the Responses of the person to whom they are attributed, or of producing such images in quantity. Nothing in this Clause restricts any act of reverse engineering, decompilation or analysis that Applicable Law permits notwithstanding a contractual term to the contrary, nor the Licensee's looking closely at a share image, which is what a share image is for.

Part 2. Misuse of Mirror Output

12.7 Diagnosis. The Licensee shall not use any Mirror Output, whether the Licensee's own or another's, to diagnose any person, the Licensee included, or to state, suggest or imply that any person has psychopathy, antisocial personality disorder or any other condition, Clause 8.1 applying. This prohibition does not prevent the Licensee from discussing the Licensee's own result, nor from showing it to a qualified professional under Clause 8.7.

12.8 Harassment. The Licensee shall not use the Instrument or any Mirror Output to harass, bully, threaten, shame, stalk or demean any person, and in particular shall not:

• (a) attribute to any identifiable person, without that person's knowledge and consent, Mirror Output not generated from that person's own Responses (Clause 9.11), including by completing the Instrument as a colleague, a former partner or a neighbour might be supposed to complete it and publishing the result as theirs, save in commentary, satire or parody that no reasonable reader would take to be that person's own result;
• (b) publish another person's Mirror Output, or the address of another person's result page, against that person's wishes or so as to expose that person to ridicule or contempt; or
• (c) require, pressure or induce any person to complete the Instrument, or to disclose that person's Mirror Output, against that person's wishes.

12.9 Decisions about persons. The Licensee shall not use the Instrument or any Mirror Output as the basis, or as any part of the basis, of any decision concerning any person's employment, recruitment, promotion, discipline or dismissal, tenancy, credit, lending or insurance, admission to or progress in education, custody of or contact with children, immigration status, clinical treatment, or position in any legal proceeding; shall not require any applicant, employee, tenant, student, witness or party to complete it; and shall not tender it to any court, tribunal, panel or employer as evidence of any person's character or mental state, save where compelled by law to produce it. Clause 8.9 explains why; this Clause forbids it.

12.10 Clinical misrepresentation. The Licensee shall not represent the Instrument, in any setting, as a clinical test, a forensic instrument, a validated psychometric scale or a substitute for the assessment described in Clause 8.3, nor offer to administer or interpret it to others for payment.

12.11 Commercial impersonation of an Archetype. The Licensee shall not, for commercial gain:

• (a) hold out the Licensee or any other person as a certified or accredited holder of any Archetype, as though an Archetype were a qualification that the Licensor confers;
• (b) use the name of any Archetype in the course of trade, whether in a business name, product, course, coaching programme, recruitment advertisement or item of merchandise, in a manner suggesting an association with, or an endorsement by, the Instrument or the Licensor; or
• (c) offer goods or services to "Cold Calculators", "Reckless Sparks" or the holders of any other Archetype on the footing that the Instrument has identified them as a market.

The names of the Archetypes consist of words in common use, and nothing in this Clause restricts the use of those words in their ordinary senses, nor the Licensee's describing the Licensee socially, and without charge, as whatever Archetype the Instrument has returned. A Charismatic Operator who operates a business is not, by that fact alone, a Charismatic Operator operating a business within the meaning of this Clause.

12.12 Counterfeit output. The Licensee shall not present as genuine any item that is not Mirror Output within the meaning of Clause 9.8, in order to deceive, to injure the reputation of any person or to obtain any advantage.

Part 3. Reproduction and Reflection

12.13 Reproduction of the Instrument. The Licensee shall not reproduce, republish or adapt the Items, the scoring rules, the descriptions of the Archetypes or the design of the Site for any commercial purpose, or in any product or service that competes with or substitutes for the Instrument, Article III and Article XIII governing the rights concerned; save that the quotation of reasonable extracts for criticism, review, commentary, parody, scholarship or reporting, so far as Applicable Law permits it, is not prohibited by this Agreement.

12.14 Commercial reproduction of the infinite regress. The Licensee shall not, for any commercial purpose, hold or place a device displaying the Instrument or any Mirror Output so that it faces a Reflective Surface listed in Schedule A, paragraph 1, which itself faces another Reflective Surface, nor otherwise arrange Reflective Surfaces so that the Instrument is reflected in a reflection of itself, with a view to recording, exhibiting, broadcasting or selling the regress of images thereby produced, or to charging admission to it. For the purposes of this Clause:

• (a) each order of reflection, up to and including the third, is a separate reproduction of the Instrument, and every order beyond the third is deemed to be the third order seen again, so that a regress which the camera resolves to forty orders comprises three reproductions, the last of which has been seen thirty-eight times;
• (b) private and non-commercial contemplation of the regress, including in a lift lined with mirrors, a barber's shop or a hall of mirrors, is not prohibited, and the Licensee may continue it for so long as the Licensee finds it instructive, subject to Article IV as to the Licensee's own Countenance appearing within it;
• (c) the accidental reflection of a device displaying the Instrument in a shop window at night, the device being neither held nor placed for the purpose, is not an arrangement within this Clause; and
• (d) the Licensor claims no right in the vanishing point.

Part 4. Lawful Use and Consequences

12.15 Unlawful use. The Licensee shall not use the Site, the Instrument or any Mirror Output in breach of Applicable Law, or so as to infringe the rights of any person, including rights of privacy, rights of personality and rights in intellectual property.

12.16 Conduct not prohibited. Notwithstanding anything to the contrary in this Article, none of the following is prohibited:

• (a) completing the Instrument again in good faith (Clause 12.4);
• (b) using assistive technology (Clause 12.2(a));
• (c) sharing Mirror Output in accordance with Article IX;
• (d) blocking Telemetry (Clause 11.7);
• (e) criticising, reviewing, parodying or writing about the Instrument, the Licensor or this Agreement, including unfavourably and at length;
• (f) abandoning the Instrument part-way, closing the page, or disagreeing with any Archetype the Instrument returns; and
• (g) reading this Agreement slowly, quickly, aloud, in a mirror or not at all, the Agreement Interval recording the time taken and Clause 9.5(b) recording that it proves nothing further.

12.17 Consequences of breach. Where the Licensor reasonably believes that the Licensee has breached this Article, the Licensor may, acting proportionately:

• (a) block or suspend access to the Site, so far as it is able to identify the access concerned, which, holding no identity data, it may well not be;
• (b) delete any Retained Record, and remove any result page, that it reasonably believes to have been produced in breach of Clause 12.3 or Clause 12.4, and exclude any such Retained Record from the aggregate statistics (Clause 10.9(d));
• (c) terminate this Agreement under Article XVIII; and
• (d) pursue such remedies as Applicable Law allows, subject to Article XV, Article XVI and Article XXI.

No fine, charge or penalty is payable under this Agreement in respect of any breach, the Instrument being free and the Licensor having no wish to make it otherwise, and the Licensee's liability to indemnify the Licensor is confined to that stated in Article XVI.

12.18 Reports of misuse. Any person who believes that Mirror Output is being used in breach of this Article, including a person to whom a counterfeit result has been attributed, may write to legal@areyouapsychopath.com, identifying the result page by its address where that is possible. The Licensor can act upon result pages on the Site and upon nothing else, and in particular cannot remove a screenshot from a group conversation of which it is not a member.

Article XIII. Intellectual Property and Cited Literature

13.1 Application. This Article applies to copyright, database right, design right, trade marks, moral rights and every other right of intellectual or industrial property, registered or unregistered, subsisting anywhere in the world (together, "Intellectual Property"), insofar as any such right touches the Site, the Instrument, the Mirror Output, the Small Print, this Agreement or the Cited Literature. It does not apply to the Licensee's Countenance, which is dealt with exclusively by Article IV, and it enlarges the licence in Clause 4.1 by not so much as a single reflection.

13.2 Ownership by the Licensor. Save as provided in Clauses 13.3 to 13.9, all Intellectual Property in the following belongs to the Licensor or is licensed to it:

• (a) the text of the fifteen Items, the wording of each Response option, the expression (but not the arithmetic) of the scoring rules, the names and descriptions of the Archetypes, the labels of the Bands and the explanatory text of the Instrument;
• (b) the visual design of the Site, including the composition of the result page, result card, share image and story image, and the position upon each of them of any Badge;
• (c) the Small Print, notwithstanding that it forms no part of this Agreement, a document being capable of belonging to a person without binding anybody;
• (d) the text of this Agreement, including its Schedules and every amended version published under Clause 23.1; and
• (e) the selection and arrangement of the foregoing as a compilation, so that a person who took each element from a separate place and assembled them afresh would discover, on completing the assembly, that the result was the Site and belonged to the Licensor.

13.3 Arithmetic and other common property. For the avoidance of doubt, the Licensor claims no Intellectual Property in the method of adding numbers together, in the values 0, 1 and 2 by which Responses are scored under the definition of Reverse-Keyed Item in Clause 1.1, in the integers from 0 to 30 of which a Total may consist, in the practice of reversing a scale, or in the letters A, B and C, each of which is free to every person. A Licensee who computes the Licensee's own Dials by hand, whether on paper or with a fingertip upon a fogged Reflective Surface, does so without infringement and without needing the licence in Clause 3.1.

13.4 Third-party components. The Site is built with, and delivered by means of, software libraries, typefaces and services supplied by third parties, including the Third-Party Processors, whose Intellectual Property belongs to their respective owners and is used by the Licensor on the terms upon which each owner has made it available. Nothing in this Agreement purports to license any such component to the Licensee; and where a component is offered to the public under an open-source licence, the Licensee's rights in it arise under that licence directly, the Licensor standing in relation to it as a fellow licensee and not as a landlord.

13.5 The Cited Literature. All Intellectual Property in the Cited Literature belongs to its authors, publishers and other owners. The Licensor refers to each work by author, year, title and place of publication, and summarises particular findings, for the purposes of criticism, review, commentary and attribution, and for no other purpose. In particular:

• (a) nothing on the Site reproduces any scored item, scoring key, manual or interview protocol contained in any work of the Cited Literature;
• (b) the Items were written for the Instrument and are not taken from any instrument described in the Cited Literature, and any resemblance which a reader perceives arises from the circumstance that the same human dispositions can be described in only so many ways;
• (c) a citation is an acknowledgement of a debt and not a claim of title, and the listing of a work in Schedule E confers on the Licensor no interest in it; and
• (d) the Cited Literature is cited and not incorporated, so that no finding, hypothesis or footnote in any of it becomes a term of this Agreement or an obligation of either party.

13.6 No endorsement by authors. None of the authors, editors or publishers of the Cited Literature has reviewed, approved or endorsed the Site, the Instrument, any Archetype or this Agreement, and none of them is a party to it or answerable for anything in it. The Instrument draws upon the triarchic conceptualisation of psychopathy described by Patrick, Fowles and Krueger (2009) as a framework for organising its three Dials; it is not, and does not purport to be, any measure published by those authors or by any other author of the Cited Literature. Where the Site states a finding of the Cited Literature, the statement is the Licensor's reading of it, any error in which shall be imputed to the reader and not to the author. No author shall be taken, by reason of having been cited, to hold any opinion whatever concerning the Licensee.

13.7 No affiliation with Hare, Multi-Health Systems or the PCL-R. The Licensor is not affiliated with, licensed by or endorsed by Robert D. Hare, Multi-Health Systems Inc., or any person who owns, publishes or administers The Hare Psychopathy Checklist–Revised (the "PCL-R"). The Instrument is not the PCL-R, is not derived from its items, and is not a short form, screening version or self-report adaptation of it. The PCL-R is a clinical rating instrument completed by a trained rater on the basis of an interview and a review of records; it is mentioned on the Site solely to describe what the Instrument is not; and the names and marks associated with it are the property of their respective owners. A Licensee who requires an assessment by means of the PCL-R should consult a qualified professional, as Clause 8.1 provides, and should not expect to find one on the Site.

13.8 Names and designations. "The Mirror Protocol", the names of the Archetypes and the labels of the Bands are designations used by the Licensor, and the Licensor makes no representation that any of them is registered as a trade mark or is capable of being. The Licensee may use any of them truthfully and nominatively, including by stating which Archetype the Licensee was assigned, in sharing Mirror Output as Article IX permits, and in conversation, correspondence and the reproach of friends; but shall not use any of them as the name of a product, business or rival questionnaire, nor so as to imply that the Licensor sponsors anything the Licensee does.

13.9 What the Licensee owns. The Licensor claims no right, title or interest in anything the Licensee owns or creates, and this Article takes no assignment or licence of any such thing. Without prejudice to the generality of the foregoing:

• (a) a Response, being the selection of one of three letters offered by the Licensor, is doubtfully a work of authorship at all; but to the extent that the choice of the letter C at Item 14 discloses originality sufficient to attract protection under Applicable Law, that protection remains with the Licensee, and the Licensor holds the Response in the Retained Record described in Clause 10.2 as a datum and not as a work;
• (b) the Licensor claims Intellectual Property in the Mirror Output only to the extent of its own text, design and arrangement described in Clause 13.2, and in nothing that the Licensee contributes;
• (c) any caption, rebuttal or complaint that the Licensee publishes alongside shared Mirror Output belongs to the Licensee absolutely, however unkind it may be about the Instrument; and
• (d) the only licence passing from the Licensee to the Licensor anywhere in this Agreement is that in Clause 4.1, which is confined to the Instrument, revocable at will and of no effect outside the figurative mirror.

13.10 Correspondence. Where the Licensee writes to the Licensor at legal@areyouapsychopath.com with a suggestion, correction or objection concerning the Instrument, the Licensee retains every right the Licensee has in the words of that correspondence and grants no licence of them. The Licensor may nevertheless act upon any idea so communicated, ideas as such being the property of nobody under the law of copyright; and any revised wording of an Item which the Licensor composes in consequence belongs to the Licensor under Clause 13.2(a), the Licensee having supplied the occasion and the Licensor the sentence.

13.11 Mirror images of protected works. A reflection of any part of the Site in a Reflective Surface, and any laterally inverted copy of the Site however made, shall be treated as the same work as the original and not as an adaptation or an independent creation. No Intellectual Property arises in favour of any person by reason only of holding a protected work up to a mirror, and the regress produced between two facing Reflective Surfaces gives rise to one work only, however many times it appears to recede into the glass.

13.12 Notice of infringement. Any person who believes that material on the Site infringes Intellectual Property belonging to that person may give Notice to the Licensor at legal@areyouapsychopath.com in the manner described in Clause 20.2, identifying the work concerned, the material said to infringe it and the address at which that material appears. The Licensor shall consider every such Notice in good faith, and shall remove or amend the material where it concludes that the claim is well founded or where Applicable Law so requires.

13.13 Reservation. All rights not expressly granted to the Licensee by Clause 3.1 or by this Article are reserved to the Licensor or to their respective owners. No licence shall be implied by conduct, by estoppel, by the course of dealing between the parties (there being, in the ordinary case, only one dealing) or by the Licensee's having looked at the Site for any period. No easement of light or other incorporeal hereditament shall arise in favour of the Licensee, or of any Reflective Surface in the Licensee's possession, by reason of uninterrupted enjoyment of the Site's illumination for twenty years or any longer period, and the Licensee's screen shall not be treated as an ancient window.

Article XIV. Disclaimer of Warranties

14.1 General disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT ALWAYS TO CLAUSE 14.10 AND CLAUSE 15.5, THE SITE, THE INSTRUMENT, THE MIRROR OUTPUT, THE SMALL PRINT AND EVERY OTHER THING MADE AVAILABLE UNDER THIS AGREEMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, AND WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE, BY A COURSE OF DEALING OR BY USAGE OF TRADE. THE LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE (INCLUDING THE PURPOSE OF SELF-KNOWLEDGE), ACCURACY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, THAT IT IS FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECT IN IT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE LICENSOR, FROM THE SITE OR FROM ANY REFLECTIVE SURFACE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

14.2 No warranty of diagnosis. Without limiting Clause 14.1, and in addition to Clause 8.1 (which is to be read as stated and is not qualified by anything in this Article), the Licensor gives no warranty that any Dial, Total, Band or Archetype corresponds to any clinical construct, predicts any behaviour or describes the Licensee as any other person would describe the Licensee. Psychopathy is not a diagnosis in DSM-5, antisocial personality disorder being the diagnosis that is; the clinical standard, Hare's PCL-R, requires a trained rater, an interview and a review of records; and self-report questionnaires correlate only moderately with clinicians' ratings. The Mirror Output is for entertainment and self-reflection only. A Licensee who is concerned about the Licensee's own conduct or wellbeing, or that of another person, should consult a qualified professional.

14.3 No warranty as to the Countenance. The Licensor gives no warranty, and the Licensee shall infer none from the circumstance that the Instrument is designed to be considered as a figurative mirror:

• (a) that the Countenance perceived by the Licensee in or upon the Instrument, or upon any Reflective Surface listed in Schedule A, paragraph 1, is the Licensee's own, and not that of a person standing behind the Licensee, of a portrait hanging on the opposite wall, or of a stranger beyond a shop window at night;
• (b) that the Countenance is true in its proportions, colouring or expression, the Licensor having no control over the flatness of the Licensee's glass or the colour temperature of the Licensee's lighting;
• (c) that the Countenance flatters the Licensee, or that it flatters the Licensee less than the Licensee had feared;
• (d) that the Countenance is correct as to left and right, the parties noting that a plane mirror is more exactly described as reversing front and back, and agreeing that the question shall not form the subject of any dispute under Article XXI;
• (e) that the Countenance is contemporaneous with the Licensee, light reflected from a Reflective Surface held thirty centimetres from the eye arriving approximately two nanoseconds after it left the Licensee's face, during which interval the Licensee may have changed; or
• (f) that the Countenance will remain in the Reflective Surface after the Licensee has withdrawn from it, or will be found there on the Licensee's return.

14.4 No warranty as to scoring. The Licensor states, by way of information and not of warranty, that the Dials, Total, Band and Archetype are computed from the Responses by the rules contained in the definitions of Reverse-Keyed Item, Dial, Total, Band and Archetype in Clause 1.1, so that identical Responses given under the same version of the Instrument produce identical Dials, an identical Total, the same Band and the same Archetype. The Licensor gives no warranty:

• (a) that a Licensee who completes the Instrument twice will give identical Responses on each occasion, the Licensee's mood, the hour, the weather, the proximity of the Licensee's employer and the Licensee's recollection of the first result being each capable of disturbing the second;
• (b) that an Archetype reported jointly upon a tie between Dials will prove equally congenial to both of the Licensee's inclinations;
• (c) that the boundaries between Bands, falling between 7 and 8, between 15 and 16 and between 22 and 23, correspond to any natural division in human character rather than to the convenience of counting; or
• (d) that any proportion of the population shares the Licensee's Total, the aggregate statistics displayed on the Site describing those persons who have completed the Instrument and not the human race.

14.5 No warranty as to Badges. The Agreement Interval is measured by the Site as Clause 2.5 provides, and its measurement may be affected by the performance of the Licensee's device, the state of the Licensee's connection, a tab left in the background, an intervening telephone call, or a domestic animal walking across the screen. The Licensor gives no warranty that any Badge is accurate to the millisecond, or at all; and none that a Badge proves anything as to whether the Licensee read, skimmed or disregarded this Agreement, speed of agreement being no evidence of comprehension and slowness being no evidence of reading.

14.6 No warranty of availability. The Site depends upon the services of the Third-Party Processors, upon public networks and upon the Licensee's device, none of which the Licensor controls. The Site may be withdrawn, altered, suspended or interrupted at any time, with or without Notice; Items may be reworded, the descriptions of Archetypes revised and the Instrument replaced by a new version under Clause 23.1; and the Licensor gives no warranty that any result page will continue to be served at its address for any particular period, or that a share image will display correctly on any particular platform, in any particular aspect ratio or after compression by any particular application.

14.7 No warranty as to the Cited Literature. The Licensor gives no warranty that any work of the Cited Literature remains good science, or that its findings have not since been qualified, contradicted or overturned. The study of psychopathy is a field in which findings are revised, and in which a result that replicated once may decline to replicate twice. The Licensor's summaries describe the literature as the Licensor understands it at 6 November 2026, and not as it may come to be understood afterwards.

14.8 Small Print. The Small Print, being informative only and forming no part of this Agreement, gives rise to no warranty. Where the Small Print and this Agreement differ, this Agreement governs, and the difference shall not be construed as a warranty by the Licensor that either of them is wrong.

14.9 No warranty required of the Licensee. The Licensee gives the Licensor no warranty as to the candour of any Response (Article VI requiring none), as to the identity of the Licensee's reflection, as to the cleanliness, flatness or silvering of any Reflective Surface in the Licensee's possession, or as to the Licensee's having read any part of this Agreement; and the Licensor relies on none.

14.10 Statutory rights preserved. Nothing in this Article excludes, restricts or modifies any guarantee, warranty, condition, right or remedy which Applicable Law implies or confers and which cannot lawfully be excluded, restricted or modified, including any statutory right of a consumer. Where Applicable Law permits such a guarantee or warranty to be limited but not excluded, the Licensor's liability for its breach is limited, to the extent so permitted, to supplying the Instrument again, which the parties agree may be accomplished by the Licensee's reloading the page. Every disclaimer in this Article applies only to the extent that Applicable Law permits.

14.11 Construction. Each paragraph and sub-paragraph of this Article is a separate disclaimer, and the failure of one shall not affect the others. The ejusdem generis rule shall not be applied to confine any list in this Article to things of the same kind as those named, so that the absence from Clause 14.3 of a warranty concerning the back of a spoon shall not be taken to imply that one is given. This Article is subject in every respect to Clause 15.5, which prevails.

Article XV. Limitation of Liability

15.1 Application and subordination. This Article limits and excludes the liability of the Licensor to the Licensee arising under or in connection with this Agreement, the Site, the Instrument and the Mirror Output, howsoever arising, whether in contract, in tort (including negligence), for breach of statutory duty, in restitution or otherwise. Every provision of this Article is subject to Clause 15.5, and shall be read as though the words "save as provided in Clause 15.5" were written at its beginning and again at its end.

15.2 Cap. Subject to Clause 15.5, the total aggregate liability of the Licensor to the Licensee arising under or in connection with this Agreement, the Site, the Instrument and the Mirror Output, whether in contract, in tort (including negligence), for breach of statutory duty, in restitution or otherwise, and however many claims are brought, shall not exceed fifty United States dollars (US$50). For the purposes of this Clause:

• (a) the said sum is a single aggregate limit for all claims, and is not renewed per claim, per Item, per Response, per visit to the Site, per version of this Agreement accepted, or per Reflective Surface in which the Licensee's Countenance has appeared;
• (b) where any amount falls to be assessed in a currency other than United States dollars, it shall be converted at the rate prevailing on the date of judgment or of agreed settlement, as the case may be;
• (c) the parties record that the said sum exceeds, by fifty United States dollars, the aggregate of all sums which the Licensee has paid or could pay under this Agreement, the Instrument being free; and
• (d) the said sum is not, and shall not be cited in any forum as, a valuation of the Licensee's character, conscience or self-regard.

15.3 Excluded heads of loss. Subject to Clause 15.5, and to Clause 15.4 where it applies, the Licensor shall not be liable to the Licensee for any of the following, whether direct or indirect and whether or not foreseeable:

• (a) indirect, consequential or special loss, and punitive or exemplary damages to the extent that Applicable Law permits their exclusion;
• (b) loss of profit, revenue, business, contract, anticipated savings or opportunity;
• (c) the loss or corruption of data held on the Licensee's own device, including in-progress Responses kept in the browser storage described in Article X, which the Licensee's browser may discard upon the closing of a tab;
• (d) loss of goodwill or reputation, including reputation within any family, office, society or group conversation;
• (e) existential distress, disquiet, unease or revision of self-image occasioned by any Dial, Total, Band or Archetype, including the discovery that the Licensee is a Cold Calculator, the discovery that the Licensee is not one, and the discovery that the Licensee had hoped to be;
• (f) the loss of, or deterioration in, any friendship, courtship, marriage, partnership, acquaintance or sporting rivalry following the sharing of a result card or other Mirror Output, including where the Archetype of the Licensee and that of the other person are, in the opinion of the other person, incompatible, and including where the other person was assigned Empathic Anchor and has said so more than once;
• (g) Losses arising from any decision concerning employment, tenancy, credit, custody, romance or litigation made by any person in reliance upon Mirror Output, such reliance being contrary to Article VIII and Article XII;
• (h) embarrassment occasioned by the Badge recording the Agreement Interval, including where that Badge discloses a speed of agreement which the Licensee would have preferred to keep private;
• (i) time spent reading this Agreement, which the Licensee acknowledges was spent voluntarily and with the benefit of the Preliminary Notice, which states that the rest of this document says the same thing at considerable length;
• (j) Losses arising from any Force Majeure Event or Reflective Contingency, including any period of misfortune attributed to the breakage of a Reflective Surface under Clause 17.2(d); and
• (k) the cost of procuring a substitute mirror, a substitute questionnaire or a substitute friend.

15.4 Foreseeable loss to consumers. Where the Licensee is a consumer and Applicable Law so requires, the Licensor is responsible for loss or damage that the Licensee suffers which is a foreseeable result of the Licensor's breach of this Agreement or of the Licensor's failure to use reasonable care and skill, and Clause 15.3 shall be read down to the extent necessary to give effect to that responsibility. Loss or damage is foreseeable for this purpose if it was obvious that it would happen or if, at the moment of the Act of Agreement, both parties knew that it might happen. The Licensor supplies the Instrument for domestic and private use only, and is not responsible to any Licensee for loss of profit, loss of business, interruption of business or loss of business opportunity, no Licensee being permitted by Clause 3.1 to put the Instrument to any business use.

15.5 Non-excludable liability. Nothing in this Agreement, including Clause 14.1, Clause 15.2, Clause 15.3, Article XVI, Article XVII and any provision expressed to apply "notwithstanding anything in this Agreement" or to prevail over all other provisions, shall exclude or limit, or be construed as excluding or limiting, the liability of the Licensor, or of any officer, employee, agent or contractor of the Licensor:

• (a) for death or personal injury caused by negligence;
• (b) for fraud or fraudulent misrepresentation;
• (c) for gross negligence or wilful misconduct, where Applicable Law forbids the exclusion or limitation of liability for it;
• (d) under any statutory right of a consumer which cannot be excluded or limited by contract; or
• (e) for any other matter in respect of which liability cannot lawfully be excluded or limited under Applicable Law.

This Clause prevails over every other provision of this Agreement and of its Schedules, whenever made and however expressed. It is not subject to the cap in Clause 15.2. No amendment under Clause 23.1 shall diminish it. Where any provision of this Agreement, including any provision of Article XXV, is capable of being read as ranking above this Clause, it shall instead be read as ranking immediately below it.

15.6 Allocation of risk. The Licensee acknowledges that the Instrument is supplied without charge, that its purpose is entertainment and self-reflection, and that the limitations in this Article reflect an allocation of risk which the parties consider reasonable having regard to the absence of any price; provided always that no such acknowledgement shall operate as a waiver of any right which Applicable Law makes non-waivable, nor as evidence of reasonableness in any jurisdiction in which reasonableness is a question for the court and not for the parties.

15.7 Mitigation. The Licensee shall take reasonable steps to mitigate any Losses. The parties agree that such steps include, according to the nature of the Loss, averting the gaze, closing the browser tab, declining to share a result card, requesting deletion of a shared result under Clause 10.6, wiping a fogged Reflective Surface with a dry cloth, and reminding the Licensee's friends of the existence of Clause 8.1; and, to the extent that Applicable Law permits, the Licensor shall not be liable for any Loss in so far as a step of that kind, reasonably available to the Licensee, was not taken.

15.8 Personnel. Subject to Clause 15.5, the Licensee shall not bring against any individual officer, employee or contractor of the Licensor, personally, any claim in respect of the Site which, if brought against the Licensor, would be excluded or limited by this Article. This Clause confers no right upon any such individual and is enforceable by the Licensor alone, consistently with Article XXIV.

15.9 Third-Party Processors. Subject to Clause 15.5, and to any responsibility which Applicable Law places upon the Licensor for those who process data on its behalf, the Licensor shall not be liable for the acts or omissions of a Third-Party Processor in the general operation of that Third-Party Processor's own services, including any outage of hosting, analytics or database services by which the Site is rendered slow or unavailable.

15.10 The Licensee's reflection. The Licensor is not liable for the conduct of the Licensee's Countenance, which is neither the servant, the agent nor the contractor of the Licensor; no vicarious liability arises as between a person and an image, the relationship of master and servant being incapable of subsisting between them. Nor is the Licensor liable for any Loss caused by the Countenance of another Licensee, howsoever that Countenance came to appear in the Licensee's mirror.

15.11 No refund. The Licensee having paid nothing for the Instrument, any claim for restitution of the price, or for a refund on the ground that the Instrument has failed of its purpose, shall be satisfied in full by the payment of nothing, which sum the Licensor hereby tenders.

15.12 Severance and application. Each of Clauses 15.2, 15.3, 15.7, 15.8, 15.9, 15.10 and 15.11 is a separate limitation, operating independently of the others and surviving the failure of any of them. Where any of them is held to be unenforceable in any jurisdiction, it shall apply in that jurisdiction to the greatest extent that Applicable Law permits; the exclusions in Clause 15.3 shall be applied before the cap in Clause 15.2 and not after; and Clause 15.5 shall in all events continue to prevail.

Article XVI. Indemnity

16.1 Application. This Article contains the only indemnity given by either party under this Agreement. It is confined to the matters set out in Clause 16.2, and shall be construed narrowly; in any case of doubt as to its scope, the rule of construction contra proferentem shall be applied against the Licensor, by whom it was drafted, and in favour of the Licensee, by whom it was, in all probability, not read.

16.2 The indemnity. The Licensee shall indemnify the Licensor against Losses (including reasonable legal costs) which the Licensor actually and reasonably incurs, to the extent that those Losses arise directly from:

• (a) the Licensee's breach of Article XII; or
• (b) the Licensee's use of the Site, the Instrument or the Mirror Output in a manner which is unlawful under Applicable Law,

and from nothing else. No other provision of this Agreement shall be construed as enlarging this Clause, and no obligation of indemnity shall be implied from any warranty, covenant or acknowledgement given by the Licensee elsewhere in this Agreement.

16.3 Matters outside the indemnity. Without prejudice to the generality of Clause 16.2, the Licensee gives no indemnity in respect of, and shall have no liability under this Article for:

• (a) any use of the Instrument in accordance with Clause 3.1, however frequent, and however many times the Licensee repeats it in the hope of a different Archetype;
• (b) any sharing of Mirror Output as Article IX permits, including where the recipient takes offence at the Archetype disclosed or at the Badge accompanying it;
• (c) the candour or otherwise of any Response, Article VI demanding no warranty of candour and enforcing none;
• (d) the content of any Item, Response option, Archetype, Band or explanatory text, for which the Licensor alone is responsible;
• (e) any act or omission of the Licensor, of any Third-Party Processor, or of any person for whom either of them is responsible;
• (f) the conduct of the Licensee's Countenance within the meaning of Clause 17.2(g), the Licensee being no surety for the Licensee's reflection and the reflection having given the Licensee no counter-indemnity;
• (g) the Agreement Interval, however brief, and any inference which any person draws from it;
• (h) any claim brought by another Licensee and arising from that other Licensee's dissatisfaction with that other Licensee's own result; or
• (i) any Force Majeure Event or Reflective Contingency.

16.4 Reduction for contribution. The Licensee's liability under Clause 16.2 shall be reduced pro tanto to the extent that the Losses concerned were caused or contributed to by the Licensor's own breach of this Agreement, negligence or wilful default, or by the Licensor's failure to take reasonable steps to mitigate them; and where the Losses were caused wholly by any of those matters, the Licensee's liability shall be reduced to nothing.

16.5 Conditions of enforcement. The Licensor may enforce Clause 16.2 only if:

• (a) it gives the Licensee notice of the claim as soon as reasonably practicable after becoming aware of it, by such means as are then available to it;
• (b) it makes no admission of liability and agrees no settlement or compromise of the claim without the Licensee's consent, which shall not be unreasonably withheld or delayed;
• (c) it allows the Licensee, at the Licensee's election and expense, and so far as Applicable Law permits, to conduct or to take part in the defence of the claim; and
• (d) it gives the Licensee such information and assistance in relation to the claim as the Licensee may reasonably request.

16.6 Practical observation. The Licensor records that it holds no name, email address, IP address or other identity data of any Licensee, as Clause 10.3 describes, and that it is consequently unable to identify the Licensee against whom this Article might be invoked, or to give the notice required by Clause 16.5(a) to any Licensee who has not first made the Licensee's identity known. This Article is accordingly retained for the case, which the Licensor regards as improbable, in which a Licensee in breach of Article XII discloses the Licensee's identity in the course of the breach, as by offering for sale, under the Licensee's own name, a reproduction of the Instrument; and nothing in this Article authorises or requires the Licensor to collect any data for the purpose of finding out who the Licensee is.

16.7 Consumers. Nothing in this Article makes a Licensee who is a consumer liable for any amount greater than that for which the Licensee would be liable at general law for the same conduct, nor for any Loss which Applicable Law does not permit to be recovered from a consumer; and this Article is subject to Clause 15.5, mutatis mutandis, so that nothing in it relieves the Licensor of any liability preserved there or transfers any such liability to the Licensee.

16.8 Mutual exclusions. As between the parties:

• (a) neither party shall be liable to the other under any indemnity for indirect or consequential loss;
• (b) neither party indemnifies the other in respect of anything said by either of them about the Countenance of the other;
• (c) the Licensor gives the Licensee no indemnity save such as Applicable Law implies, the Licensor's liabilities to the Licensee being governed by Article XV and not by this Article;
• (d) no indemnity under this Agreement is given by, to or in respect of any reflection, any reflection of a reflection, or any Reflective Surface, whether listed in Schedule A, paragraph 1, or not; and
• (e) neither party shall recover under this Article any Loss which it has already recovered under any other provision of this Agreement or at general law, the same Loss not being recoverable twice merely because it has been seen twice.

16.9 Survival. Clause 16.2, together with Clauses 16.3 to 16.8 so far as they qualify it, survives the termination of this Agreement, as Clause 19.2(j) provides, in respect of any breach committed before termination, and in respect of any breach committed afterwards of so much of Article XII as survives under Clause 19.2(f); and in respect of no other breach, there being, after termination, little else left for the Licensee to breach.

Article XVII. Force Majeure and Reflective Contingencies

17.1 Force Majeure Event. In this Agreement, "Force Majeure Event" means any event or circumstance beyond the reasonable control of the party affected by it, including:

• (a) act of God, flood, drought, storm, lightning, earthquake, landslide, volcanic eruption, fire or other natural disaster;
• (b) epidemic or pandemic;
• (c) war, threat of war, armed conflict, invasion, terrorism, riot or civil commotion, and the imposition of sanctions or embargo;
• (d) any law, order or action of any government or public authority, including the refusal or revocation of any licence or consent;
• (e) the collapse of buildings, explosion, and radioactive or chemical contamination;
• (f) the failure, interruption or suspension of any public utility, telecommunications network, electricity supply, domain name system, certificate authority or internet backbone, including the severance of an undersea cable by the anchor of a passing vessel;
• (g) the failure, outage, suspension or withdrawal of the services of any Third-Party Processor;
• (h) any denial-of-service attack, intrusion or other malicious act of a third party directed at the Site or at a Third-Party Processor;
• (i) geomagnetic storm, solar flare or other disturbance of space weather;
• (j) any strike, lockout or other labour dispute, other than one confined to the workforce of the party claiming relief; and
• (k) any Reflective Contingency.

Nothing is a Force Majeure Event to the extent that it results from the negligence or wilful default of the party claiming relief, or could have been avoided by that party's taking precautions which a reasonable person in its position would have taken.

17.2 Reflective Contingencies. In this Agreement, "Reflective Contingency" means each of the following events, whether it affects a Reflective Surface listed in Schedule A, paragraph 1, any other Reflective Surface, or the Instrument considered as a figurative mirror:

• (a) fogging, misting or condensation, including the clouding of a bathroom mirror after a shower and the bloom left by the Licensee's breath upon the dark screen of a telephone, for so long as it continues and for such reasonable period afterwards as the glass takes to clear;
• (b) desilvering, being the loss, oxidation or corrosion of the reflective coat of a Reflective Surface, including the dark spotting that advances inward from the edges of an old looking-glass;
• (c) the tain (that is, the reflective backing of a looking-glass) becoming detached from the glass, or lifting, blistering or flaking away from it, whether by age, by damp or by the attention of a child with a coin;
• (d) the breakage of a Reflective Surface, together with any period of misfortune customarily said to follow, which the parties agree to treat as a period of seven years beginning on the date of the breakage and ending on its seventh anniversary, computed in accordance with the rules for the computation of periods in Schedule B, and during which no obligation of the Licensor shall be suspended other than an obligation to supply good fortune, which the Licensor does not have;
• (e) vampirism, whether of the Licensee, of the Licensor or any of its officers, or of any Third-Party Processor or any of its personnel, in consequence of which the person affected casts no reflection;
• (f) funhouse distortion, being any departure of a Reflective Surface from the plane, by curvature or by undulation, by which the Countenance is elongated, compressed, multiplied or inverted, whether at a fairground or in the bowl of a spoon;
• (g) the Licensee's reflection acting independently, that is to say any movement, expression, gesture or utterance of the Countenance not initiated by the Licensee, including the Countenance arriving late, departing early, declining to blink, or selecting a Response different from the Licensee's;
• (h) the recursion of the Countenance between facing Reflective Surfaces beyond the third order, the orders up to and including the third being governed by Article IV;
• (i) glare, dazzle, or the occultation of the source of light, including a power cut in a bathroom without a window; and
• (j) the discovery that a Reflective Surface is partially transmissive, and that a person is standing on the other side of it.

17.3 Relief. A party prevented, hindered or delayed in the performance of any obligation under this Agreement by a Force Majeure Event shall not be in breach of this Agreement, nor liable for the failure or delay, to the extent that and for so long as it is so prevented, hindered or delayed, and the time for performance shall be extended accordingly. The Licensee's principal obligation being to observe Article XII, and the Licensor's principal obligation being to make the Instrument available on the terms of Clause 3.1 (which the Licensor may in any event suspend under Clause 18.8), the parties acknowledge that the relief afforded by this Clause will seldom be required, and record it in full notwithstanding.

17.4 Mitigation. The affected party shall use reasonable endeavours to mitigate the effect of any Force Majeure Event. Without prejudice to the generality of the foregoing:

• (a) in the case of a Reflective Contingency under Clause 17.2(a), reasonable endeavours are discharged by opening a window, running an extractor fan, or wiping the glass with a dry cloth, and are not discharged by wiping it with a sleeve, which smears;
• (b) in the case of a Reflective Contingency under Clause 17.2(b) or (c), reasonable endeavours are discharged by ceasing to rely upon the affected glass;
• (c) in the case of a Reflective Contingency under Clause 17.2(e), reasonable endeavours are discharged by completing the Instrument, which, being a figurative mirror, operates in the absence of a reflection; and
• (d) in the case of a Force Majeure Event under Clause 17.1(f) or (g), the Licensor shall use reasonable endeavours to restore the Site within a reasonable time, and the Licensee's reasonable endeavours are discharged by trying again later.

The Licensor is under no obligation to repair, resilver, replace or clean any Reflective Surface belonging to the Licensee.

17.5 Vampirism. Without prejudice to Clause 17.2(e):

• (a) a Licensee who casts no reflection is not thereby excluded from the Instrument, from the definition of Licensee or from any right under this Agreement, and Mirror Output generated from that Licensee's Responses is valid in every respect notwithstanding the absence of any corresponding Countenance;
• (b) the licence of Countenance granted by Clause 4.1 shall, in respect of such a Licensee, be deemed to subsist over nothing, and shall be no less effective for that, having been of no practical effect in any case;
• (c) the delivery of the Site to the Licensee's device at the Licensee's request shall not constitute an invitation to the Licensor, or to any Third-Party Processor, to enter any dwelling, and the Act of Agreement shall not be construed as such an invitation for any purpose; and
• (d) the Licensor's obligations do not include the supply of garlic, running water, consecrated objects or any light beyond that emitted by the Licensee's own screen, and the Site contains none of them.

17.6 Notice. A party seeking relief under this Article shall, where practicable, inform the other of the Force Majeure Event and of its likely duration. The Licensor shall do so by posting on the Site in accordance with Article XX. The Licensee need give no notice of any Reflective Contingency occurring on the Licensee's own premises, the Licensor having neither the means nor the wish to receive reports of the condition of the Licensee's bathroom.

17.7 Matters that are not Force Majeure Events. None of the following is a Force Majeure Event or a Reflective Contingency:

• (a) the Licensee's dislike of the Countenance perceived, or of the Archetype assigned;
• (b) fingerprints, toothpaste and the other ordinary soiling of a Reflective Surface, save where the soiling renders the Countenance unrecognisable;
• (c) a change in the Licensee's mood between the first Item and the fifteenth;
• (d) the Licensor's own want of funds, staff or enthusiasm; and
• (e) the length of this Agreement.

17.8 Prolonged Force Majeure. Where a Force Majeure Event prevents the Licensor from making the Site available for a continuous period of more than thirty days, either party may treat this Agreement as terminated, the Licensee by ceasing to use the Site and the Licensor by Notice posted on the Site, in each case with the consequences set out in Clause 18.9.

17.9 Preservation. Nothing in this Article excuses any liability preserved by Clause 15.5, or any failure which Applicable Law does not permit to be excused, nor does any Force Majeure Event or Reflective Contingency affect the right of the Licensee to cease using the Site at any time, or to request deletion of a result under Clause 10.6 once the event has passed.

Article XVIII. Term, Suspension and Termination

18.1 Commencement. This Agreement commences at the moment of the Act of Agreement under Clause 2.3, and not before. In particular it does not commence upon the display of the licence dialog, upon the Licensee's beginning to read this Agreement, or upon the Licensee's arrival at any particular Clause of it; and the Agreement Interval recorded under Clause 2.5 accordingly measures a period during which this Agreement did not yet exist.

18.2 Duration. This Agreement continues for so long as the Licensee uses the Site, and for no fixed term. There is no minimum period, no fee, no subscription and nothing capable of renewing automatically, the Instrument being free; and no use of the Site by the Licensee, however regular, shall be construed as creating a periodic tenancy of the Instrument, whether from week to week, from month to month or from one Archetype to the next.

18.3 Cessation of use. This Agreement terminates automatically, and without Notice, when the Licensee ceases to use the Site. The Licensee ceases to use the Site when the Licensee closes or leaves the last browser tab or window in which any page of the Site is open; provided always that:

• (a) a pause, however long, while a page of the Site remains open is not cessation, so that a Licensee who leaves a result page open on a device for some months remains a Licensee throughout, and is bound accordingly;
• (b) looking away from the screen, including for the purpose of consulting a Reflective Surface, is not cessation; and
• (c) cessation is not prevented by the persistence on the Licensee's device of the browser storage described in Article X, which survives the closing of a tab without thereby keeping this Agreement alive.

18.4 Resumption. Where the Licensee returns to the Site after cessation, and the Licensee's browser still holds the record that this Agreement was accepted, and the version so accepted remains current, the Licensee's return shall operate as a resumption of this Agreement on identical terms without a further Act of Agreement. Where that record has been cleared, or relates to a version that has been superseded under Clause 23.1, the Licensee will in the ordinary course be presented with the licence dialog again, and a new agreement will be formed only by a new Act of Agreement.

18.5 Supersession. Where the Licensor publishes a new version of this Agreement under Clause 23.1 and requires a fresh Act of Agreement, the present version terminates, as to all further use of the Site, upon the earlier of:

• (a) the Licensee's fresh Act of Agreement, whereupon the new version governs; and
• (b) the Licensee's first attempt, after the new version has taken effect, to use the Instrument without performing that Act, whereupon the Licensee may not proceed until the new version has been accepted.

Mirror Output generated under the superseded version remains governed by that version, in accordance with Article XXIII and Article XIX.

18.6 Termination by the Licensee. The Licensee may terminate this Agreement at any time, for any reason or for none, without Notice, without penalty and without giving reasons, by ceasing to use the Site. The Licensee may in addition clear the browser storage described in Article X, and may request deletion of any result under Clause 10.6; but a request for deletion does not by itself terminate this Agreement, and termination does not by itself delete any Retained Record, these being separate acts which the Licensee may perform together or apart, in either order.

18.7 Suspension and termination for breach. Where the Licensor reasonably believes that the Licensee has committed a material breach of Article XII, the Licensor may, without Notice and, subject to Clause 15.5, without liability, suspend or terminate the licence granted by Clause 3.1 in respect of that Licensee. The Licensee acknowledges that, the Licensor holding no account and no identity data, the means available to the Licensor for that purpose are technical, and consist in refusing or limiting requests to the Site and in the detection of automated traffic described in Article XI; and the Licensor shall not, by reason of any breach, attempt to identify the Licensee by means of any data which Article X records that the Licensor does not hold, the Licensor being in any event unable to do so.

18.8 Suspension and discontinuance generally. The Licensor may suspend the Site, or any part of it, for maintenance, repair, security, the investigation of a suspected breach of Article XII, a Force Majeure Event or a Reflective Contingency, and may discontinue the Site or the Instrument altogether. Upon discontinuance this Agreement terminates for every Licensee simultaneously, and any Retained Record then subsisting shall remain governed by Article X and Article XIX.

18.9 Consequences of termination. On the termination of this Agreement, however arising:

• (a) the licence granted by Clause 3.1 ends, and the Licensee shall cease to use the Instrument, save under a resumption or a new agreement within Clause 18.4;
• (b) the licence of Countenance granted by Clause 4.1 ends, and the Licensor ceases, from that moment, to perceive the Licensee's Countenance within the Instrument, without looking back, as Article IV provides;
• (c) Mirror Output already generated remains at its address and remains public to anyone who has that address, as Article IX describes, unless and until it is deleted under Clause 10.6;
• (d) in-progress Responses, the list of the Licensee's Result Identifiers and the other browser storage described in Article X remain on the Licensee's device until the Licensee or the Licensee's browser clears them, the Licensor having no means of reaching them;
• (e) rights and remedies accrued to either party before termination are unaffected; and
• (f) the provisions listed in Article XIX survive.

18.10 No termination by reflection. The Licensee's Countenance has no authority to terminate this Agreement on the Licensee's behalf. Turning a Reflective Surface to face the wall, draping it with a cloth or leaving the room in which it hangs is not termination, but at most a suspension of the licence in Clause 4.1 for the period during which the Countenance is not perceived; and a Countenance purporting to give notice of termination shall be treated as acting independently within Clause 17.2(g), and its notice disregarded.

Article XIX. Survival

19.1 The termination of this Agreement, howsoever occurring under Article XVIII, shall not affect the continuance in force of any provision which is expressly or by necessary implication intended to continue in force after termination, and each such provision shall continue for the period stated in Clause 19.3 or, where none is stated, for so long as is necessary to give effect to it and no longer.

19.2 Without prejudice to the generality of Clause 19.1, the following provisions survive the termination of this Agreement:

• (a) Clause 1.1 and Clause 1.2, together with every definition and rule of interpretation used in any other surviving provision, so far as necessary to construe it;
• (b) Clause 2.3, insofar as it fixes the moment at which the control labelled "Agree" was activated and this Agreement formed, and Clause 2.5, insofar as it records the Agreement Interval and the Licensee's consent to its display as a Badge upon Mirror Output already generated;
• (c) Clause 8.1 and the remainder of Article VIII, in respect of every item of Mirror Output, for so long as that item is capable of being read by anyone;
• (d) Clause 10.2, Clause 10.3 and Clause 10.6, together with the remainder of Article X, for so long as any Retained Record relating to the Licensee subsists;
• (e) Clause 11.1, in respect of Telemetry recorded before termination;
• (f) Article XII, insofar as it governs the use, reproduction and display of Mirror Output generated before termination;
• (g) Article XIII, including Clauses 13.2, 13.5, 13.7, 13.9 and 13.13;
• (h) Clause 14.1 and the remainder of Article XIV, including Clauses 14.3 and 14.10;
• (i) Clause 15.2, Clause 15.5 and the remainder of Article XV;
• (j) Article XVI, including Clauses 16.2, 16.3 and 16.7, in respect of any breach to which Clause 16.9 refers;
• (k) Clause 17.2, in respect of any Reflective Contingency which began before termination and is continuing, including any period computed under Clause 17.2(d) which has not then expired;
• (l) Clauses 18.6 and 18.9;
• (m) this Article XIX;
• (n) Clause 20.2, so that Notice may be given in respect of any surviving provision;
• (o) Article XXI and Clause 22.1;
• (p) Clause 23.1, insofar as it determines which version of this Agreement governs Mirror Output generated before termination; and
• (q) Schedule A, paragraph 1, and Schedule D, so far as required to construe any of the foregoing.

19.3 Each provision surviving under Clause 19.2 shall continue: (a) where it concerns a Retained Record, for so long as that Retained Record subsists, and until its deletion under Clause 10.6; (b) where it concerns Mirror Output, for so long as that Mirror Output remains available at its address; (c) where it concerns a claim, until the expiry of the limitation period which Applicable Law prescribes for that claim, which period this Agreement neither shortens nor lengthens; and (d) in every other case, indefinitely, or until superseded under Clause 23.1, whichever is the sooner; save that Clause 15.5 shall continue in every case for as long as any liability preserved by it is capable of arising.

19.4 The entries in the Retained Record described in Clause 10.2 which record the version of this Agreement accepted, the Agreement Interval and whether the Diligent Reader condition was satisfied shall survive the termination or expiry of this Agreement, and shall continue to be held, in the anonymous form described in Article X, for so long as the Retained Record of which they form part subsists; and no termination, supersession or resumption under Article XVIII shall operate to amend any such entry after it has been made, save by the deletion of the whole Retained Record under Clause 10.6. For the purposes of that entry, and without prejudice to Clause 2.5 or to the definition of Diligent Reader in Clause 1.1, a Licensee who, before the Act of Agreement, enters the words "tinfoil and quicksilver" (being the materials, an amalgam of tin leaf and mercury, with which looking-glasses were backed before chemical silvering displaced them, and which are mentioned here for no purpose of warranty) into the field of the licence dialog designated "Clause reference (optional)" shall be recorded as having satisfied the Diligent Reader condition, and the Mirror Output generated for that Licensee shall bear a Badge to that effect; provided always that the Licensor gives nothing else for it, whether money, prize, discount, right, licence, privilege or preferment, the reading being its own consideration and the Badge its only evidence. An entry so made, being the record of an event and not a promise, shall survive as aforesaid; shall not be construed as a representation by the Licensee that the Licensee read every word of this Agreement, nor as an acknowledgement by the Licensor that any word of it was understood; and shall be counted, without attribution to any Licensee, in the aggregate statistics displayed on the Site under Article X.

19.5 The following provisions do not survive termination, and nothing in this Article shall be construed as reviving them: Clause 3.1, save as resumed under Clause 18.4; Clause 4.1, the Licensor's perception of the Licensee's Countenance ending upon termination as Clause 18.9(b) provides; Article V, its conditions precedent having been satisfied, or not, at the time and not afterwards; Article VI, which imposes no continuing obligation and enforced none while it subsisted; Article XVII, save as Clause 19.2(k) provides; and Clauses 18.1 to 18.5, which will by then have done their work.

19.6 The survival of a provision under this Article does not extend the licence in Clause 3.1, revive any licence which has ended, or oblige the Licensor to continue to make the Site, the Instrument or any result page available; and a provision concerning a Retained Record which has been deleted under Clause 10.6 survives, thereafter, in respect of nothing.

19.7 Where this Agreement is superseded by a later version under Clause 23.1, the surviving provisions of the superseded version continue to govern the Mirror Output and Retained Records created under it, and the later version governs all else. Where the two versions conflict as to a matter arising after supersession, the later prevails; save that no later version shall diminish Clause 15.5, nor any right which the Licensee had under the superseded version to request deletion under Clause 10.6.

19.8 Any reflection, transcription, printed copy or laterally inverted copy of this Agreement retained by the Licensee after termination is retained as a record only. Its continued existence in the Licensee's possession does not cause any provision to survive that would not otherwise survive under this Article, and its destruction does not terminate any provision that would. The notes published on the Site under "The small print" and "/science", forming no part of this Agreement, neither survive it nor fail to survive it.

19.9 Survival under this Article is without prejudice to any right or remedy of either party accrued before termination, and the surviving provisions shall be construed with such modifications, mutatis mutandis, as are necessary to give effect to them after termination; but no modification shall be made to Clause 15.5, which survives without modification and in priority to every other provision of this Agreement.

Article XX. Notices

20.1 Scope. This Article applies to every Notice, request, election, objection or other communication which this Agreement requires or permits one Party to give to the other, and to nothing else. It does not apply to the Act of Agreement, which is governed by Clause 2.3 and is a performance rather than a communication, nor to any Response, which is an answer given to the Instrument and not a statement made to the Licensor.

20.2 How Notice is given. A Notice shall be in Writing and shall be given:

• (a) by the Licensee to the Licensor, by email addressed to legal@areyouapsychopath.com, or to any address which the Licensor substitutes for it under Clause 20.8, and by no other means; and
• (b) by the Licensor to the Licensee, by publication on the Site, the Licensor holding, for the reasons recorded in Clause 10.3, no name, email address, postal address, telephone number or other means by which any individual Licensee could be reached, and the Retained Record described in Clause 10.2 containing none;

provided always that where the Licensee has first written to the Licensor, the Licensor may give a Notice concerning the subject of that correspondence by email in reply to the address from which it was sent, and a Notice so given shall be treated as given under paragraph (b), mutatis mutandis, save that Clause 20.4 shall not apply to it and it shall be deemed received when it enters the Licensee's mailbox.

20.3 Deemed receipt by the Licensor. A Notice given under Clause 20.2(a) shall be deemed received by the Licensor:

• (a) if it enters the mailbox at legal@areyouapsychopath.com between 09:00 and 17:00 on a Business Day, at the moment of entry;
• (b) if it enters that mailbox at any other time, at 09:00 on the next Business Day; and
• (c) if it does not enter that mailbox at all, by reason of a failure of transmission, a full mailbox, a filter which mistakes the Notice for an advertisement, or any other cause outside the Licensee's control, not at all; provided that a Licensee who receives a message reporting non-delivery may send the Notice again, and the second sending shall be treated, for the purpose of any period running against the Licensee, as though it had been received when the first would have been.

Times of day under this Clause shall be reckoned in accordance with Schedule B, paragraph 9(d).

20.4 Deemed receipt by the Licensee. A Notice given under Clause 20.2(b) shall be deemed received by the Licensee on the first occasion after its publication on which the Licensee visits the Site, and not before. A Licensee who does not again visit the Site shall be deemed never to have received it, and shall suffer no detriment by reason of that omission, there being no obligation upon any Licensee to return. Without prejudice to the generality of the foregoing, no Notice published on the Site shall impose a new obligation upon the Licensee, or diminish a right of the Licensee, otherwise than in accordance with Article XXIII.

20.5 Content of a Notice to the Licensor. A Notice to the Licensor:

• (a) shall state its nature, as for example a request for deletion under Clause 10.6, a Notice of Dispute under Clause 21.2, the report of a discrepancy in the computation of Mirror Output, or the report of a Reflective Contingency within Clause 17.2;
• (b) shall, where it concerns a particular result, state the Result Identifier or the full address of the Result Page, that being the only means by which the Licensor can find the result in question;
• (c) need not state the Licensee's name, age, address, Archetype or character, and the Licensor requests that none of them be stated, having no use for any of them and no wish to acquire what Clause 10.3 records that it does not hold; and
• (d) may, but need not, follow the form set out in Schedule C, and shall not be invalid by reason only of departing from it.

20.6 Matters which are not Notice. For the avoidance of doubt, none of the following constitutes a Notice, however emphatic:

• (a) any Response or pattern of Responses, including the selection of C for every Item, which is a pattern and not a message, and which Article VII has in any case anticipated;
• (b) the length or brevity of the Agreement Interval, which records the passage of time and not the formation of any intention (Clause 2.5);
• (c) any event recorded as Telemetry under Clause 11.1, including the event named "shared", which records that something was shared and conveys nothing to the Licensor as to why;
• (d) any statement made aloud in the presence of a Reflective Surface, whether or not the Countenance appeared to receive it, to nod, or to reply;
• (e) any words traced with a finger in condensation upon a bathroom mirror or other Reflective Surface listed in Schedule A, paragraph 1, such words being excluded from "Writing" by Clause 1.1, being addressed to no one in particular, and being deemed withdrawn upon evaporation notwithstanding that they may reappear upon the next occasion of Fogging;
• (f) any post, comment, reply, tag or message on any social network, forum or messaging service, whether or not it names the Licensor, areyouapsychopath.com or any Archetype; and
• (g) any communication addressed to a Third-Party Processor, none of which is the Licensor's agent for the receipt of Notices.

20.7 Mirror-Writing. A Notice written wholly or partly in Mirror-Writing shall be valid only if accompanied by a mirror. A mirror being incapable of attachment to an email, the requirement of this Clause shall be satisfied, and satisfied only, by the inclusion in the same email of the full text of the Notice in ordinary writing, in which case the ordinary writing shall be the Notice and the Mirror-Writing shall be treated as ornament. A photograph of a mirror is not a mirror for the purposes of this Clause, and the Licensor, having published no postal address, has made no provision for the receipt of mirrors by any other means.

20.8 Change of address. The Licensor may change the address for Notices by publishing a new address on the Site. A Notice sent in good faith to the address shown on the Site at the time of sending is validly given notwithstanding any change of address of which the Licensee was unaware, and shall be deemed received under Clause 20.3 as though the address had not changed.

20.9 Authority and proof. The Licensor, holding none of the data listed in Clause 10.3, has no means of verifying who sent a Notice. A Notice which identifies a Result Identifier shall not be invalid by reason only that it is unaccompanied by proof of the sender's identity, and the Licensor shall not demand such proof, there being nothing against which it could be checked. The Licensee is accordingly reminded that a result address shared with another person under Article IX is shared together with whatever that address enables its holder to do, including the giving of a request under Clause 10.6.

20.10 Replies; no further correspondence. The Licensor may reply to a Notice at the address from which it was sent. Neither the giving of a Notice nor the Licensor's reply to it shall constitute or imply consent by the Licensee to receive any other communication, whether by way of newsletter, announcement, survey, invitation to retake the Instrument or marketing of any description, and the Licensor shall send none.

20.11 Communications purporting to come from the Countenance. A communication purporting to be given by the Licensee's Countenance, or by any other Reflection, as distinct from the Licensee, is of no effect, a Reflection having no email address and no capacity to give Notice; provided that where such a communication is sent from an email account under the Licensee's control, it shall be treated as a Notice given by the Licensee, and the question of which of them composed it shall not be enquired into.

20.12 Agents. A Notice may be given on behalf of a Licensee by any person whom the Licensee has authorised to give it, including a parent or guardian of a Licensee who has not attained the age of majority (Article V), and Clause 20.9 applies to a Notice so given as it applies to any other.

20.13 Time for action. Where a Notice requires the Licensor to act, the Licensor shall act within any period prescribed by Applicable Law and otherwise within a reasonable time. Nothing in Clause 20.3 shall postpone the commencement of any period which Applicable Law requires to run from actual receipt, and where Clause 20.3 and Applicable Law would fix different times of receipt, the earlier shall apply.

20.14 Notices in more than one email. A Notice divided between two or more emails takes effect when the last of them is deemed received, and a Notice repeated in two or more emails takes effect when the first of them is deemed received; and the Licensor shall not treat the repetition of a Notice as impatience, nor its division as a want of candour.

Article XXI. Disputes

21.1 Definitions and scope. In this Article, "Dispute" means any dispute, claim or difference between the Licensor and the Licensee arising out of or in connection with this Agreement, the Site, the Instrument or any Mirror Output, including any question as to the formation, existence, validity, interpretation, performance, breach or termination of this Agreement and any non-contractual claim connected with any of them; "Notice of Dispute" means a Notice which describes itself as such and complies with Clause 21.2(b); and "Informal Period" has the meaning given in Clause 21.2(a).

21.2 Informal resolution first.

• (a) Save as provided in Clause 21.4 and Clause 21.6, before either Party commences proceedings in respect of a Dispute, that Party shall give the other a Notice of Dispute, and the parties shall, for a period of thirty days beginning on the day after the Notice of Dispute is received (the "Informal Period"), attempt in good faith to resolve the Dispute by correspondence conducted by email.
• (b) A Notice of Dispute shall be given in the manner set out in Clause 20.2, and shall state, in terms intelligible to a person who has not read this Agreement:
  • (i) the substance of the Dispute;
  • (ii) the Result Identifier concerned, if any; and
  • (iii) what the Party giving it would regard as a satisfactory resolution.
• (c) The Licensor, being unable for the reasons recorded in Clause 10.3 to address any Licensee who has not first written to it, may give a Notice of Dispute only in reply to correspondence received from the Licensee, or by such other means as Applicable Law permits; and where it cannot give one at all, the requirement in paragraph (a) shall not apply to the Licensor to the extent of that impossibility, and no further.
• (d) Neither Party shall be required during the Informal Period to attend any meeting, hearing, telephone call or videoconference, to travel, or to look at the other Party, and the correspondence shall be conducted wholly in Writing.

21.3 Conduct of the Informal Period. During the Informal Period:

• (a) each Party shall bear its own costs, and no fee, deposit or charge of any kind shall be payable by the Licensee for giving a Notice of Dispute or for taking part in the correspondence;
• (b) anything written in the course of the correspondence for the purpose of settling the Dispute shall, so far as Applicable Law permits, be without prejudice to the position of either Party in any later proceedings, and shall not be produced in them as an admission;
• (c) the parties may by agreement in Writing extend the Informal Period, but neither may extend it alone, and silence is not agreement; and
• (d) so far as Applicable Law permits, the running of any limitation period applicable to the Dispute shall be suspended, so that no Licensee loses a claim by reason of having first tried to settle it.

21.4 Exceptions. Clause 21.2 shall not prevent either Party from:

• (a) applying at any time to a court of competent jurisdiction for urgent interim relief, including an injunction;
• (b) commencing proceedings where it reasonably believes that a limitation period would otherwise expire before the end of the Informal Period, and that Clause 21.3(d) would not be effective to prevent the expiry; or
• (c) exercising any right preserved by Clause 21.6, Clause 21.7 or Clause 21.8.

21.5 Courts. If a Dispute is not resolved by the end of the Informal Period, either Party may refer it to the state and federal courts sitting in Oklahoma County, Oklahoma, which shall have jurisdiction to hear and determine it, subject always to Clause 21.6 and Clause 21.7.

21.6 Small claims always available. Notwithstanding anything to the contrary in Clause 21.2 or Clause 21.5, either Party may at any time, and whether or not the Informal Period has begun or ended, bring a claim which falls within the jurisdiction of a small-claims court, or of a court or tribunal of equivalent function, in any place where that court or tribunal has jurisdiction; and the Licensor shall not seek to transfer, stay or remove such a claim on the ground only that this Agreement names the state and federal courts sitting in Oklahoma County, Oklahoma.

21.7 Consumers keep their home courts. Nothing in this Article shall deprive a Licensee who is a consumer of any right which Applicable Law gives to that Licensee:

• (a) to bring proceedings in the courts of the place where the Licensee is habitually resident or domiciled;
• (b) to be sued only in those courts; or
• (c) to refer a Dispute to any public consumer protection authority, ombudsman or regulator, or to any scheme of dispute resolution which Applicable Law makes available to consumers and which the consumer chooses to use;

and Clause 21.5 shall be read as non-exclusive to the extent necessary to give effect to this Clause.

21.8 No compulsory private procedure and no waiver of collective or jury rights. For the avoidance of doubt, and notwithstanding anything to the contrary elsewhere in this Agreement or in any document referred to in it:

• (a) nothing in this Agreement requires any Dispute to be referred to arbitration, and no provision of this Agreement shall be construed as an agreement to arbitrate;
• (b) nothing in this Agreement waives, limits or excludes any right which the Licensee may have to bring, join or benefit from a class action or any other collective, group or representative proceeding; and
• (c) nothing in this Agreement waives any right to trial by jury which either Party may have under Applicable Law.

21.9 Matters which are not Disputes. The following are not Disputes, and shall not be the subject of a Notice of Dispute, though the Licensee may write to the Licensor about any of them under Article XX and the Licensor will read what is written:

• (a) a disagreement between the Licensee and the Licensee's Archetype, Band or Dial scores as such, an Archetype being neither a Party nor a Person, and the Mirror Output being, by Clause 8.1, no diagnosis, so that a quarrel with it is a quarrel with a description composed of the Licensee's own Responses;
• (b) a disagreement between the Licensee and the Licensee's Countenance, as to which Article IV makes exclusive provision; and
• (c) a disagreement between any two Reflections, whether or not of the same Order of Reflection;

provided always that where the Licensee contends that the Mirror Output was not computed in accordance with the Scoring Rules, that contention is a Dispute, and the Licensor shall on receipt of a Notice of Dispute examine the computation and state in reply whether it was correct; and provided further that a disagreement as to reverse-keying is a Dispute, but a Dispute about the Instrument and not about the Licensee's character, as Article VII records.

21.10 Evidence. In any proceedings:

• (a) the Retained Record relating to a Result Identifier shall be admissible, so far as Applicable Law permits, as evidence of the matters which it records and of no other matter;
• (b) without prejudice to the generality of paragraph (a), the Agreement Interval is evidence of the time which elapsed between the display of the Licence Dialog and the Act of Agreement, and is not evidence that the Licensee did or did not read, understand or approve any part of this Agreement (Clause 2.5);
• (c) neither Party shall call the Licensee's Countenance as a witness, it being incapable of taking an oath and liable to reproduce the demeanour of the Licensee in Left-Right Inversion, and attending the courtroom only for so long as there is a Reflective Surface in it; and
• (d) the Licensor shall not contend that the Licensee's failure to read this Agreement is evidence of anything other than the length of this Agreement.

21.11 Remedies unaffected. Nothing in this Article enlarges or reduces any liability of either Party, which remains governed by Article XV, including the limit in Clause 15.2 and the liabilities in Clause 15.5, which no agreement can displace.

21.12 Use of the Site pending resolution. Pending the resolution of a Dispute, the Licensee may continue to use the Site, or may cease to use it, as the Licensee prefers, and neither course shall be construed as an admission or as a waiver; save that nothing in this Clause limits the rights of the Licensor under Article XVIII.

21.13 Disputes concerning this Article. Any question whether a matter is a Dispute, whether the Informal Period has expired, or whether a claim falls within Clause 21.6, shall itself be a Dispute; provided that the Informal Period applicable to that question shall run concurrently with the Informal Period applicable to the matter in respect of which it arises, and not consecutively with it, so that the procedure in this Article may not be extended indefinitely by disputing it.

Article XXII. Governing Law

22.1 Governing law. This Agreement, and any Dispute (as defined in Clause 21.1) or claim arising out of or in connection with it, its subject matter or its formation, including any non-contractual dispute or claim, shall be governed by and construed in accordance with the law of the State of Oklahoma, without regard to any rule of the conflict of laws which would cause the law of any other jurisdiction to apply, and subject only to Clause 22.2 and Clause 22.3.

22.2 Mandatory protections of the Licensee's residence. Where the Licensee is a consumer habitually resident in a country, state or territory whose law confers upon consumers protections which cannot be derogated from by agreement, whether those protections are described as mandatory rules, overriding provisions, non-waivable rights or otherwise:

• (a) the choice of law in Clause 22.1 shall not have the effect of depriving the Licensee of those protections, which shall continue to apply alongside the law so chosen;
• (b) where the law chosen under Clause 22.1 and those protections conflict, the provision more favourable to the Licensee shall prevail to the extent of the conflict and no further; and
• (c) the Licensee need not plead, prove or name those protections in order to have the benefit of them, the Licensor acknowledging that a Licensee who has not read this Agreement is unlikely to have read the consumer law of the Licensee's place of residence either, and is not to be penalised for the omission.

22.3 Data protection law. Without prejudice to the generality of Clause 22.2, nothing in Clause 22.1 displaces any law relating to the protection of personal data which applies of its own force to the processing described in Article X and Article XI, whether by reason of the Licensee's place of residence or otherwise. The Licensor's obligations under any such law exist independently of this Agreement and are not limited by it, and Clause 15.2 does not apply to any liability which such law forbids to be limited (Clause 15.5).

22.4 Location of processing. The circumstance that the Retained Record is held in a database operated by Neon in the United States (Article X), and that Telemetry is processed by Vercel Inc. (Clause 11.1), shall not of itself cause the law of the United States, or of any part of it, to govern this Agreement; save that where the law of the State of Oklahoma is itself such a law, it governs by reason of Clause 22.1 and not by reason of where the database happens to be.

22.5 Sale of goods. The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement. The parties record, in case the point should ever be taken, that no goods are sold under it: the Instrument is licensed and not sold (Clause 3.1); the Mirror Output is generated and not delivered; nothing is paid by either Party; and the Countenance, which is neither goods nor merchandise, is the subject only of the Countenance Licence under Clause 4.1, the practical effect of which is none.

22.6 No law of the mirror. There is no separate body of law governing the Countenance, any Reflection, any Reflective Surface or anything perceived in one (a lex speculi), and neither Party shall contend for one. Accordingly:

• (a) the law applicable to the Licensee's Reflection is the law applicable to the Licensee, and the Reflection acquires no domicile, residence or nationality of its own by reason of appearing in a Reflective Surface situated elsewhere;
• (b) a Reflection perceived across a national or other frontier (as in the window of a railway carriage standing at a border station, or in still water forming part of a boundary river) is governed by the same law as the Licensee who perceives it, irrespective of the side of the frontier upon which the Reflection appears to stand;
• (c) the Left-Right Inversion of the Countenance does not invert, reverse or otherwise transpose the law applicable to it, and a provision of the law of the State of Oklahoma perceived in a mirror is the same provision; and
• (d) a Remote Reflection, being beyond the third Order of Reflection, is beyond the reach of this Agreement in any event, and no question of its governing law arises.

22.7 Expressions without exact equivalent. Where this Agreement uses an expression drawn from the law of England, or from no system of law in particular, which has no exact equivalent in the law of the State of Oklahoma, it shall be given the meaning of the nearest equivalent concept in that law, construed in the manner more favourable to the Licensee; and Schedule D may be consulted for the expressions which it lists, Schedule D being a glossary and not a source of law.

22.8 Later improvements in the law. Where Applicable Law changes after the Act of Agreement so as to confer upon the Licensee a right or protection greater than this Agreement confers, the Licensee shall have that right or protection from the time the change takes effect, without any amendment under Article XXIII and without any fresh Act of Agreement; and where Applicable Law changes so as to permit the Licensor to confer less, the Licensor shall not confer less except by an amendment under Article XXIII which is treated as a Material Change.

22.9 Courts applying foreign law. Where a court other than the state and federal courts sitting in Oklahoma County, Oklahoma is seised of a Dispute in accordance with Clause 21.6 or Clause 21.7, nothing in this Article requires that court to apply the law of the State of Oklahoma in preference to any law which that court is bound to apply for the protection of consumers, and the Licensor shall not contend otherwise.

Article XXIII. Amendment

23.1 Power of amendment. The Licensor may amend this Agreement by publishing on the Site a revised text of it bearing a new Version, that is to say a Version other than 1.0, which is the Version of this text; and the revised text shall take effect upon its publication, subject always to Clause 23.3, Clause 23.5 and Clause 23.6. No amendment shall be made by any other means, and in particular none shall be made by a statement on any social network, by an email to any person, by an alteration of the Small Print, by a change to the explanatory text accompanying an Archetype, or by the Licensor's conduct, however long continued.

23.2 One text to each Version. Each published text of this Agreement shall bear one Version and one Effective Date, and shall be recorded in Schedule F. Two texts bearing the same Version shall be deemed to be the same text; and if they are found to differ, that one of them which is more favourable to the Licensee shall be deemed to be the text, and the other shall be deemed never to have been published.

23.3 Material Change.

• (a) An amendment which makes a Material Change shall not bind any Licensee in respect of any use of the Site after its publication unless and until that Licensee has performed a fresh Act of Agreement in respect of the revised text; and until that fresh Act of Agreement the Licensee may not begin the Instrument, the Licence Dialog being presented anew for the purpose, as Article II and Article XVIII contemplate.
• (b) "Material Change" means any amendment which:
  • (i) alters the data comprised in the Retained Record (Clause 10.2), the data recorded in Clause 10.3 as not retained, the Telemetry described in Clause 11.1, the identity or function of any Third-Party Processor, or the country in which any data is stored;
  • (ii) imposes upon the Licensee any obligation, restriction, charge or condition which this text does not impose;
  • (iii) reduces any right or remedy of the Licensee, including any right or remedy under Article XV, Article XXI or Article XXII;
  • (iv) alters this Article or Schedule F otherwise than by the addition of a row to Schedule F; or
  • (v) the Licensor, acting in good faith, considers material, or which a reasonable Licensee would so consider, the reasonable Licensee for this purpose being taken to have read the amendment, though not necessarily anything else.
• (c) Where it is uncertain whether an amendment makes a Material Change, it shall be treated as making one.

23.4 Changes which are not Material. An amendment which makes no Material Change shall bind the Licensee from its publication without a fresh Act of Agreement. Such amendments include the correction of a typographical error or of a misdescribed citation in Schedule E, the repair of a cross-reference, the renumbering of a Clause, the addition to Schedule A, paragraph 1 of a Reflective Surface not previously contemplated, the addition of an expression to Schedule D, the addition of a row to Schedule F, and the substitution of a new address for Notices under Clause 20.8; provided always that no such amendment shall be construed so as to have any effect which would, if intended, have made it a Material Change, and where it would have such an effect it shall to that extent be of no effect until Clause 23.3 has been complied with.

23.5 No retroactive effect. No amendment shall have retroactive effect. In particular:

• (a) Mirror Output generated before an amendment shall continue to be governed, as to its generation, its Badges and the rights of the Licensee in respect of it, by the text in force when it was generated, the Version of that text being recorded in the Retained Record under Clause 10.2, so that each result may be traced to the terms under which it was made;
• (b) a Badge recording an Agreement Interval shall continue to record the interval taken to agree to the text then presented, and shall not be recomputed, restated or annotated by reason that a later text is longer or shorter, the Licensee having agreed to the length then prevailing and to no other;
• (c) a Dispute arising from events occurring before an amendment shall be determined under Article XXI and Article XXII as they stood at the time of those events, unless the Licensee elects by Notice to have it determined under the amended text; and
• (d) no amendment shall render wrongful, or a breach of this Agreement, any act of the Licensee which was permitted at the time it was done.

23.6 Countenance unaffected. An amendment operates upon this Agreement and not upon the Licensee's Countenance, which shall not be taken to have altered by reason of any amendment; and any alteration in the Countenance observed by the Licensee after an amendment is coincidental, and is attributable to the passage of time, to the lighting, or to the Licensee.

23.7 No amendment by the Licensee. The Licensee may not amend this Agreement unilaterally. No annotation, deletion, highlighting or marginal note made by the Licensee upon any copy of this Agreement, whether upon a screen, upon paper or by breath upon a Reflective Surface, shall have any effect upon its terms. An Act of Agreement performed with the fingers crossed, or while reciting a reservation aloud, takes effect as an Act of Agreement without the reservation; save that a reservation so formed may operate as a revocation of the Countenance Licence under Article IV, that being the only provision of this Agreement upon which a mental reservation can operate.

23.8 Superseded texts. The Licensor shall keep the text of each superseded Version of this Agreement and shall, upon receipt of a Notice identifying a Result Identifier or a Version, supply to the Licensee free of charge the text which governed that result or bore that Version, so far as the Licensor is able; and where the Licensor is unable to do so, any question as to the content of the missing text shall be resolved in the manner more favourable to the Licensee.

23.9 Notice of amendment. The publication of a revised text on the Site, with its Version altered and a row added to Schedule F, is the Notice of the amendment under Clause 20.2(b), and Clause 20.4 governs when that Notice is received. The Licensor will not email any Licensee about an amendment, having no Licensee to email.

23.10 Declining a revised text. A Licensee who does not wish to be bound by a revised text which makes a Material Change may decline to perform the fresh Act of Agreement, in which case:

• (a) this Agreement shall come to an end as regards any further use of the Site, in accordance with Article XVIII;
• (b) the Licensee's existing Mirror Output shall remain governed by Clause 23.5;
• (c) the Licensee may at any time thereafter request the deletion of any result under Clause 10.6, that right not depending upon the acceptance of any Version; and
• (d) the Licensee's declining shall form no part of any Retained Record, a Retained Record arising only upon the completion of the Instrument and there being, in the case of a Licensee who declines, nothing completed.

23.11 Frequency. No limit is placed upon the number of amendments, but each shall be made in good faith and for a reason, and none shall be made for the purpose of compelling Licensees to perform the Act of Agreement more often than the substance of the amendment requires.

Article XXIV. Severability, Waiver, Assignment and Counterparts

24.1 Severability. If any provision of this Agreement, or any part of a provision, is found by a court or authority of competent jurisdiction to be invalid or unenforceable under Applicable Law, that provision or part shall, to the extent required and no further, be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected.

24.2 Blue pencil.

• (a) Where a provision would be valid if some part of it were deleted, it shall apply with the least deletion necessary to make it valid, the deletion being made by striking out words and never by adding, substituting or rearranging them.
• (b) No deletion under this Clause shall have the effect of enlarging any obligation of the Licensee or of reducing any right of the Licensee; and where the only deletion which would save a provision would have that effect, the whole provision shall be deleted instead, so far as it binds the Licensee.
• (c) Notwithstanding paragraph (a), where a deletion leaves words which no longer form a grammatical sentence, the surviving words shall be read with such adjustment of grammar as is needed to make sense of them, but with no adjustment of substance; and the Licensor accepts that a sentence of this Agreement may survive a deletion in a condition less elegant than that in which it was published.
• (d) A provision deleted under this Clause shall be deemed deleted also from every Reflection, copy and counterpart of this Agreement, and the Licensee is not required to strike it out of any of them, nor to deface any mirror in which a deleted provision has been perceived.

24.3 Effect confined. The deletion of a provision in respect of one jurisdiction, or of one Licensee, shall not affect its validity in respect of any other; and the deletion of a provision in one Version of this Agreement shall not of itself delete it from any other Version.

24.4 No waiver.

• (a) No failure or delay by either Party in exercising any right or remedy under this Agreement or by law shall operate as a waiver of it, nor shall any single or partial exercise of any right or remedy preclude any further exercise of it or the exercise of any other right or remedy.
• (b) A waiver by the Licensor shall be effective only if given in Writing, whether by publication on the Site or by email in reply to the Licensee, and shall apply only to the circumstances for which it is given.
• (c) A waiver of any breach shall not be a waiver of any later breach, whether of the same provision or of another.
• (d) Without prejudice to the generality of paragraph (a), the Licensor's having permitted any number of Licensees to perform the Act of Agreement without reading this Agreement shall not be construed as the waiver of any right, there being, for the avoidance of doubt, no right of the Licensor to require that this Agreement be read.
• (e) The Licensor's not having objected to the Licensee's contemplation of the Countenance for longer than the Instrument requires shall not be construed as consent to any longer period, nor as objection to it, the matter being one upon which the Licensor holds no view.

24.5 Rights which cannot be waived. Nothing in this Agreement shall operate, or be construed, as a waiver by the Licensee of any right which Applicable Law makes incapable of waiver, and every provision which might otherwise bear that construction shall take effect subject to that right. No right of the Licensee, of whatever description, shall be taken to have been waived merely because the Licensee was unaware of it, or by reason of the brevity of the Agreement Interval.

24.6 Assignment by the Licensor. The Licensor may assign, transfer or novate all (but not some only) of its rights and obligations under this Agreement to any person who acquires the Site, or the business or undertaking of which the Site forms part, whether by sale, merger, reorganisation, operation of law or otherwise; provided always that:

• (a) the Licensor shall procure that the assignee agrees to be bound by this Agreement as though it were the Licensor;
• (b) the Retained Records shall pass to the assignee subject to Article X, and no assignment shall of itself enlarge the purposes for which they may be used;
• (c) no assignment shall reduce any right of the Licensee, and any change to this Agreement which the assignee wishes to make shall be made only under Article XXIII; and
• (d) the Licensor shall give Notice of the assignment by publication on the Site under Clause 20.2(b).

24.7 Nemo dat. The Licensor cannot assign what it does not have. The parties record that, by reason of the matters stated in Clause 10.3, there is no list of names, email addresses or IP addresses capable of passing to an assignee, and no assignment shall be construed as conveying one, nor as obliging the assignee to compile one.

24.8 No assignment by the Licensee. The Licence granted by Clause 3.1 is personal to the Licensee, and the Licensee may not assign, transfer, sublicense, charge, hold on trust or otherwise deal with any right under this Agreement; and any purported dealing in breach of this Clause is void. The sharing of Mirror Output in accordance with Article IX is not a dealing for the purposes of this Clause, and a person who receives a shared result acquires by that receipt no right under this Agreement.

24.9 The Countenance Licence. The Countenance Licence granted under Clause 4.1 is incapable of assignment or sublicence by the Licensor, shall not pass to any assignee under Clause 24.6, and shall end, as regards the Licensor, upon the assignment taking effect. An assignee who wishes to hold such a licence must obtain it from the Licensee afresh, which it can do only upon the Licensee's next looking into the Instrument, and not otherwise.

24.10 No third-party rights. No person other than the Licensor and the Licensee has any right to enforce any term of this Agreement, whether under any statute conferring rights upon third parties or otherwise, save where Applicable Law confers such a right irrespective of agreement. Without prejudice to the generality of the foregoing, none of the following is a beneficiary of this Agreement:

• (a) the Licensee's Countenance, or any other Reflection of the Licensee in any Reflective Surface, of whatever Order of Reflection;
• (b) any person whose eyes have served the Licensee as a Reflective Surface within Schedule A, paragraph 1(9);
• (c) any person to whom Mirror Output is shown or sent, or who arrives at the Site through a shared result;
• (d) any Third-Party Processor;
• (e) any author, editor or publisher of the Cited Literature; and
• (f) any person who shares an Archetype with the Licensee, the Archetypes being five and the persons who share them being numerous.

24.11 Counterparts. This Agreement may be entered into in any number of counterparts, each of which, when displayed upon a Device, shall be an original, and all of which together shall constitute one agreement. Each display of the Licence Dialog to a Licensee is a counterpart as between the Licensor and that Licensee only, so that the agreement between the Licensor and one Licensee confers nothing upon, and takes nothing from, any other Licensee. A counterpart perceived in a Reflective Surface is the same counterpart perceived in a Reflective Surface, and not a further counterpart; and a counterpart perceived between facing mirrors does not multiply.

24.12 Electronic execution.

• (a) The Act of Agreement constitutes the Licensee's signature of this Agreement; and the parties agree that this Agreement, being in electronic form and accepted by electronic means, satisfies any requirement of Applicable Law that it be in writing or signed, so far as Applicable Law permits electronic writing and electronic signature to do so.
• (b) No wet-ink signature, witness, seal or delivery is required, and this Agreement is not executed as a deed; the Licensor dispenses with any seal, and the Licensee shall not be taken to have adopted as a seal any mark which the Licensee's finger may have left upon the screen in performing the Act of Agreement.
• (c) The Licensor's assent to this Agreement is given by its publication on the Site, and requires no further act on the part of the Licensor in respect of any Licensee.

24.13 Language.

• (a) This Agreement is made in the English language, in its British spelling, and the English text alone is authoritative; save that where Applicable Law requires that a consumer be given the text in another language, the text so given shall have the effect which Applicable Law gives it.
• (b) Any translation, whether supplied by the Licensor or produced by the Licensee's browser or by any translating service, is for convenience only; and where a translation renders "Countenance" as "face", "Instrument" as "tool", or "Licensor" as anything less formal, the English text governs.
• (c) The archaic and Latin expressions used in this Agreement bear the meanings given in Schedule D, subject to Clause 1.2.
• (d) A rendering of this Agreement in Mirror-Writing, or as perceived in any Reflective Surface, is not a translation and is not in a different language, and Clause 1.2 and Schedule B govern how it is to be read.

Article XXV. Entire Agreement and Order of Precedence

25.1 Entire agreement. This Agreement constitutes the entire agreement between the Licensor and the Licensee relating to its subject matter, and supersedes and extinguishes all previous agreements, arrangements, promises, assurances, representations and understandings between them relating to that subject matter, whether made orally or in Writing, and whether perceived directly or by Reflection.

25.2 Prior reflections superseded. Without prejudice to the generality of Clause 25.1, this Agreement supersedes all prior reflections; provided always that any impression which the Licensee formed of the Licensee's own character in any Reflective Surface before the Act of Agreement is superseded only insofar as it purported to have contractual effect, and is otherwise left exactly where the Licensee found it, the Licensor claiming no authority over it and having no wish to acquire any.

25.3 Prior Versions. This text supersedes every earlier Version of this Agreement as regards any use of the Site after this text takes effect, subject to Clause 23.3 and Clause 23.5; and no earlier Version shall be revived by reason of the invalidity of any provision of this text, Article XXIV applying instead.

25.4 Matter forming no part of this Agreement. The following form no part of this Agreement, impose no obligation upon either Party, and shall not be used to construe it, save as this Article expressly provides:

• (a) the Small Print, which is informative only, as Clause 1.2 provides;
• (b) the Cited Literature, which is cited and not incorporated (Schedule E);
• (c) any Mirror Output, including the description accompanying an Archetype, which describes a pattern of Responses and promises nothing;
• (d) the Aggregate Statistics;
• (e) any statement made on a social network, or in any other medium than the Site, whether made by the Licensor or attributed to it; and
• (f) the terms of service and policies of any Third-Party Processor, which govern the relationship between that Third-Party Processor and the Licensor, and impose upon the Licensee nothing by reason of this Agreement.

25.5 Preliminary Notice and Recitals. The Preliminary Notice and the Recitals form part of this Agreement for the purpose of its interpretation, but confer no right and impose no obligation of themselves; provided always that where the Plain Paragraph describes a protection afforded to the Licensee, the operative provisions shall be construed so as to afford that protection, and no operative provision shall be construed so as to contradict it.

25.6 Reliance; fraud excepted. Each Party acknowledges that in entering into this Agreement it has not relied upon any statement, representation, assurance or warranty which is not set out in this Agreement. Nothing in this Clause limits or excludes any liability for fraud or fraudulent misrepresentation, any liability within Clause 15.5, or any right which the Licensee has under Applicable Law in respect of statements made to consumers. The Licensee's Responses are not representations of any kind, and the Licensor does not rely upon them for any purpose other than the computation of Mirror Output and of the Aggregate Statistics.

25.7 Order of precedence. In the event of any conflict or inconsistency between provisions of this Agreement, they shall prevail in the following order, each over those listed after it:

• (a) Clause 15.5, which prevails over everything, including this Clause;
• (b) every provision of this Agreement which preserves a right of the Licensee under Applicable Law, including Clause 1.2, Clause 21.7, Clause 21.8, Clause 22.2 and Clause 24.5, together with the rule of contra proferentem wherever it is stated;
• (c) Article VIII, which, as it itself provides, prevails over every provision capable of being read as attributing clinical or diagnostic significance to the Instrument, so that nothing shall convert the Instrument into a diagnosis (Clause 8.1) or the Licensor into a clinician; no provision within paragraph (b) being such a provision;
• (d) Article X and Article XI, as to any matter of data, so that no description of data handling elsewhere in this Agreement shall enlarge what those Articles permit;
• (e) the remaining Articles, among which a specific provision prevails over a general one, and, where neither is more specific than the other, the provision more favourable to the Licensee prevails;
• (f) the Schedules, among which none has precedence over another, and each of which yields to the Articles, Schedule B yielding to Clause 1.2 (save as to contra proferentem, which paragraph (b) of this Clause has already placed higher) and Schedule D yielding to Clause 1.1; and Schedule A being the place to which Clause 1.1 itself refers for the identity of Reflective Surfaces, no conflict between them can arise; and
• (g) the Preliminary Notice and the Recitals, subject to Clause 25.5.

The Small Print does not appear in this order, forming no part of this Agreement (Clause 25.4(a)), and prevails over nothing.

25.8 More protective statements on the Site. Where any statement on the Site outside this Agreement describes the Licensor's handling of data in terms more protective of the Licensee than Article X or Article XI, the Licensor shall honour the more protective statement, and shall not rely upon Clause 25.4 to avoid doing so.

25.9 This Agreement and its Reflection. Where the text of this Agreement as perceived in a Reflective Surface appears to differ from the text as displayed upon the Device, the text as displayed prevails, Clause 1.2 having already provided that a word perceived in Left-Right Inversion is to be read as the word itself, and Schedule B, paragraph 6 supplying the detail.

25.10 Composition. This Agreement comprises the Preliminary Notice, the Recitals, twenty-five Articles and six Schedules, which is the whole of it. Any further Article or Schedule perceived by the Licensee, whether by Reflection, by fatigue or by reason of the length of this Agreement, does not exist, and nothing in it binds either Party.

25.11 Counting. The Licensee is not required to verify the count in Clause 25.10, nor the count of words in this Agreement, which the Licensor has computed by mechanical means and published as a Badge upon Mirror Output; and an error in either count shall not affect the validity of any provision, nor add any provision, nor take one away.

Schedule A. Schedule of Reflective Surfaces

1 The following are Reflective Surfaces for the purposes of this Agreement, in each case subject to the annotation set against it:

• (1) A looking-glass of the ordinary domestic kind, being glass to the reverse of which a Tain has been applied, whether hung upon a wall, propped upon a shelf or carried in a handbag; which is the type of every Reflective Surface, and by reference to which every other item in this paragraph is to be construed.
• (2) A bathroom mirror, unfogged.
• (3) A bathroom mirror, fogged, being a Reflective Surface whose function is suspended by Fogging for so long as the Fogging continues, the suspension being a Reflective Contingency within Clause 17.2. Where part of the condensation has been wiped away by palm, sleeve or towel, the wiped portion is a Reflective Surface under item (2) and the remainder under this item (3); and the Countenance perceived through the wiped portion is a whole Countenance, though only part of it may be visible.
• (4) A shop window at night, for so long only as the interior of the shop is darker than the street. A lit shop window is a window, and what is perceived through it is merchandise and not the Countenance.
• (5) Still water, including a pond, puddle, basin, bath, lake or canal, for so long as it is still. Water disturbed by wind, rain, a fish, a duck or a dropped stone ceases pro tanto to be a Reflective Surface, and resumes that character upon settling. No Licensee shall be taken, by reason only of having gazed into still water for an extended period, to have formed an attachment to the Countenance appearing in it.
• (6) The concave face of a polished spoon, being the bowl viewed from the side from which one eats, in which the Countenance, at the distances at which spoons are ordinarily held, appears upside down. Clause 17.2 treats that inversion as funhouse distortion; the parties record that the spoon exhibits it as a matter of course and not by mischance, and that it is an optical property of the spoon and not a statement by the Licensor.
• (7) The convex face of a polished spoon, being the back of the bowl, in which the Countenance appears upright and diminished, the diminution being likewise optical. Items (6) and (7) are separate Reflective Surfaces notwithstanding that they are one spoon, and a Licensee who turns the spoon over passes from one to the other without performing any act under this Agreement.
• (8) The screen of a Device while unlit, including the screen of the Device upon which the Instrument is being completed at any moment when the display has dimmed between Items; and the Countenance so appearing is not part of the Instrument and is not scored.
• (9) The eyes of another person, in each cornea of which a small Countenance may appear. The two Countenances so appearing are one Countenance for the purposes of this Agreement; and the other person acquires no right in it, assumes no obligation by reason of it, and is not required to keep the eyes open.
• (10) The wing mirror of a motor vehicle, which, where convex, may bear the legend "objects may be closer than they appear" or words to like effect; in which case the Countenance perceived in it may likewise be closer than it appears, and no claim lies in respect of the discrepancy. No Licensee shall consult a wing mirror for the purposes of Introspection while driving, the purposes of a wing mirror while driving being other purposes.
• (11) The interior rear-view mirror of a motor vehicle, subject to the restriction in item (10).
• (12) The reverse, or data, side of a compact disc, which returns the Countenance accompanied by bands of spectral colour arising from the diffraction of light by the spiral track of the disc. The colours form no part of the Countenance and the Licensor accepts no responsibility for them. A scratched disc is a Reflective Surface to the extent that it is unscratched.
• (13) The window of a railway carriage or motor vehicle at night or in a tunnel, for so long as it is darker outside than inside. The Countenance so perceived may appear superimposed upon passing scenery, fields or tunnel walls, and is not thereby relocated.
• (14) The window of a dwelling at night, viewed from within a lit room, subject to the condition in item (13).
• (15) A television receiver or computer monitor while switched off or in standby, the standby state not constituting consent by the Licensee to be watched.
• (16) A magnifying mirror of the kind used for shaving or for the application of cosmetics, in which the Countenance appears enlarged, and as to which the Licensor gives no warranty as to the visibility, number or significance of any pore.
• (17) A mirror ball, in which the Countenance is divided among many facets. The fragments together constitute one Countenance, and a Licensee who perceives one fragment perceives the whole for the purposes of Clause 4.1.
• (18) A distorting mirror of the kind found at fairgrounds, which is a Reflective Surface notwithstanding that the Countenance it returns is stretched in one direction and compressed in another, such distortion being a Reflective Contingency within Clause 17.2.
• (19) A two-way mirror, being a Reflective Surface on the side on which it is a mirror and a window on the side on which it is not. The Licensor gives no warranty as to which side the Licensee is on, nor as to who may be on the other; and the discovery of that person is a Reflective Contingency within Clause 17.2.
• (20) Mirrored sunglasses, whether worn by the Licensee (in which case they are a Reflective Surface only for others and, for the Licensee, a filter) or by another person (in which case item (9) does not apply, the eyes being covered, and this item applies instead).
• (21) The polished exterior of a kettle, toaster, saucepan or chromed tap, each of which, being convex in one direction or more, returns the Countenance broadened or narrowed according to its curvature and the angle of approach.
• (22) The lacquered surface of a piano, the bodywork of a motor vehicle, or a polished table, where sufficiently glossy, and in the case of the table only for so long as nothing has been put down upon it.
• (23) A soap bubble, for its lifetime.
• (24) The mirror of a dentist, being a small Reflective Surface upon a handle, in which, the dentist rather than the Licensee being the person ordinarily looking, no Countenance in the sense of Clause 1.1 ordinarily appears at all, and in which the teeth of the Licensee, if perceived by the Licensee, are perceived from behind.
• (25) The Instrument, considered as a figurative mirror in accordance with the definition of "Countenance" in Clause 1.1; which is the only Reflective Surface in this paragraph to return a Countenance composed of numbers, and the only one which functions in darkness.

2 Properties of unlisted surfaces. A surface not listed in paragraph 1 is a Reflective Surface if, and for so long as, it has each of the following properties:

• (a) it reflects visible light specularly, that is to say at an angle equal to the angle of incidence, rather than scattering it diffusely, and does so to a degree sufficient to return a recognisable image;
• (b) its irregularities are small in relation to the wavelength of visible light, or at any rate small enough not to matter at the distance from which it is viewed;
• (c) it is so placed and so lit that the Licensee, looking at it, can perceive in it the Licensee's own Countenance or some part of it; and
• (d) the Countenance so perceived is perceived by the Licensee in person, and not by means of a recording, transmission or reproduction.

3 Surfaces which are not Reflective Surfaces. The following are not Reflective Surfaces, whatever their appearance:

• (a) a photograph, portrait, painting or other likeness of the Licensee, which is a record of a Countenance and not a surface returning one;
• (b) a matt surface of any description, including emulsion paint, paper, unpolished stone and the felt of an office partition;
• (c) brushed metal, including the doors of most lifts, save at those edges where handling has polished the brushing away;
• (d) the image displayed by the front-facing camera of a telephone, which is a reproduction within paragraph 2(d) and not a Reflection, notwithstanding that some Devices display it in Left-Right Inversion so as to resemble one, and notwithstanding that the Licensee may prefer it; and
• (e) any surface perceived only in a dream.

4 Orders of Reflection. A Reflection of the Countenance in one Reflective Surface, perceived in a second Reflective Surface, is a Reflection of the second Order of Reflection, and so on. Article IV makes provision for Reflections up to the third Order of Reflection and caps the regress there; a Remote Reflection, such as is produced in quantity between the facing mirrors of a lift, a barber's shop or a fitting room, is within Clause 17.2 as a Reflective Contingency and is for every other purpose of this Agreement merely decorative. Nothing in this Schedule enlarges the number of Orders of Reflection which Article IV recognises.

5 Breakage and deterioration. A Reflective Surface which is broken ceases to be a single Reflective Surface and becomes as many Reflective Surfaces as there are pieces large enough to satisfy paragraph 2, each returning its own portion of the Countenance. Any misfortune said to follow the breakage is governed by Clause 17.2 and is not a consequence for which either Party is liable. A looking-glass whose Tain has become detached, or whose silvering has deteriorated, is a Reflective Surface only to the extent that it still reflects, and to the remaining extent is a window, a wall or a stain, as the case may be.

6 Persons without Reflections. Where a Licensee perceives no Countenance in a Reflective Surface which is, by every other test in this Schedule, functioning (as in the case of a Vampire), the surface remains a Reflective Surface and the Licensee remains a Licensee; the Countenance Licence operates upon a null Countenance, as Article IV provides; and the Licensee is under no obligation to explain the absence to the Licensor, to the surface or to anyone else.

7 Additions to paragraph 1. The Licensor may add to paragraph 1 any surface which satisfies paragraph 2, by amendment under Article XXIII, and such an addition is not a Material Change (Clause 23.4). No surface shall be removed from paragraph 1 by reason only that it has become obsolete, and the compact disc at item (12) is retained upon that footing.

8 Doubtful cases. Where it is uncertain whether a surface is a Reflective Surface, the question shall be resolved in whichever way imposes the lesser burden upon the Licensee; and where the burden would be equal either way, which, the Countenance Licence being of no practical effect, it ordinarily will be, the question need not be resolved at all.

9 No obligation to possess or consult. Nothing in this Schedule obliges the Licensee to own, hang, clean, consult or avoid any Reflective Surface, and the Instrument may be completed by a Licensee who possesses no Reflective Surface other than that at item (25), or who has covered every other one; item (25) itself being incapable of being covered without covering the Instrument, which would defeat the exercise.

Schedule B. Supplementary Rules of Construction

1 Relationship to Article I. The rules in this Schedule supplement the rules of interpretation in Clause 1.2 and shall be read together with them. Where a rule in this Schedule cannot be reconciled with Clause 1.2, Clause 1.2 prevails; save that the rule of contra proferentem, wherever stated, prevails over both, as Article I itself provides and as Clause 25.7(b) confirms.

2 Contra proferentem.

• (a) This Agreement was drafted by or on behalf of the Licensor, and the Licensee took no part in its preparation. Accordingly, where any provision is ambiguous, or reasonably capable of more than one meaning, it shall be construed against the Licensor and in the sense more favourable to the Licensee.
• (b) The Licensor shall not contend that the Licensee, by reading this Agreement, by reading any part of it or by performing the Act of Agreement, became a co-author of it, nor that any rule of construction applicable to documents prepared jointly applies to it.
• (c) The Licensee's failure to read this Agreement shall not be construed against the Licensee, the Licensor acknowledging that this Agreement is of a length which renders its reading improbable, and that a short Agreement Interval is in the circumstances the expected outcome and not a fault.
• (d) This paragraph applies to the whole of this Agreement, including this Schedule and this paragraph; and where it is uncertain whether a provision is ambiguous, the provision shall be treated as ambiguous.

3 Other maxims of construction. The maxims expressio unius est exclusio alterius and noscitur a sociis, and any other maxim by which the meaning of words is narrowed by reference to their context, shall be applied in construing this Agreement only where their application operates in favour of the Licensee; and in particular no right of the Licensee shall be taken to be excluded by reason only that a list of rights in which it might have appeared does not mention it. Clause 1.2 governs the ejusdem generis rule, and this paragraph does not disturb it.

4 Surplusage. No word in this Agreement shall be presumed to have independent work to do merely because it is present, many words being present for other reasons; and the presumption against surplusage shall not be applied so as to give to any word a meaning which would burden the Licensee.

5 Reasonableness. Where this Agreement requires anything to be reasonable, or refers to a reasonable person or a reasonable Licensee, reasonableness shall be judged by reference to a person of ordinary prudence who has not read this Agreement, that being the person most likely to be affected by it, save where the provision in question expressly supposes otherwise.

6 Reading in a mirror. Clause 1.2 provides that a word, figure or Clause number perceived in Left-Right Inversion shall be read as the word, figure or number of which it is the Reflection. Without prejudice to that rule:

• (a) a Clause number perceived in Left-Right Inversion presents its characters in reverse order, so that Clause 15.2 so perceived reads "2.51"; it shall be read as Clause 15.2, and there is no Clause 2.51;
• (b) the Roman numerals I, V and X being symmetrical about a vertical axis, a reference to Article IV perceived in a Reflective Surface presents as a reference to Article VI, and a reference to Article XI presents as a reference to Article IX, and in each case the converse; every such reference shall be read as it stands unreflected, and no Article shall be taken to have exchanged its content with another by reason of the coincidence, so that the Countenance Licence remains in Article IV, candour in Article VI, Telemetry in Article XI and Mirror Output in Article IX;
• (c) a reference to Article XXI so perceived presents as "IXX", and a reference to Article XIV as "VIX", neither of which is a Roman numeral; each shall be read as the reference unreflected, and the Licensee shall not search this Agreement for an Article IXX or an Article VIX, neither of which exists;
• (d) a Capitalised term perceived in Left-Right Inversion retains its defined meaning, notwithstanding that its capital letter will appear at its end; and bold type survives reflection with its meaning unaltered, its meaning being none (Article I); and
• (e) neither Party exchanges places with the other, nor with its own Reflection, by reason of the reversal of the words "Licensor" and "Licensee", and the Reflection of either word denotes the same Party as the word.

7 Reading aloud. In addition to the provisions of Article I concerning the reading of this Agreement aloud:

• (a) the meaning of a provision is the same whether it is read quickly or slowly, in a single breath or with pauses, in a whisper or at a volume audible from the next room, and no provision shall be taken to have been varied by intonation, emphasis or sarcasm;
• (b) the reader may omit the letters and numerals by which sub-items are labelled, and their omission does not merge the sub-items into one another;
• (c) a person who reads this Agreement aloud to the Licensee acquires no status under it, and the Licensee is bound only by the Licensee's own Act of Agreement; and
• (d) a reading aloud in the presence of a Reflective Surface is not a Notice (Clause 20.6(d)), and an echo of it is not a Reflection.

8 Reading backwards. This Agreement may be read from its last word to its first. So read, it has the same meaning as when read in the ordinary order, every defined term being defined before it is used when read forwards and after it is used when read backwards, which the Licensee is to regard as making no difference. A word read backwards is the same word, so that "Licensor" read backwards denotes the Licensor, and not "rosneciL", which has no meaning and holds no rights; and a palindrome read backwards is the same word without the assistance of this paragraph. Reading in that order is permitted but not recommended, and the Licensor gives no warranty that it is quicker.

9 Time and the computation of periods.

• (a) A period expressed in days shall be computed by excluding the day upon which the event from which it runs occurs and including the last day of the period; and where the last day is not a Business Day, the period shall end at the close of the next Business Day.
• (b) A period expressed in months shall end on the day in the final month numerically corresponding to the day upon which it began, or, if there is no such day (as where a period of one month begins on the thirty-first of January), on the last day of that month.
• (c) Midnight belongs to the day which it begins and not to the day which it ends.
• (d) Where a time or period may be reckoned by reference to more than one time zone, as where the Licensee and the mailbox at legal@areyouapsychopath.com are in different places, it shall be reckoned in whichever manner is more favourable to the Licensee.
• (e) The period of seven years referred to in Clause 17.2 begins on the date of the breakage and ends on its seventh anniversary. Where the breakage occurs on the twenty-ninth of February, the seventh anniversary shall be taken to fall on the twenty-eighth of February, the seventh year after any leap year being, by arithmetic, never a leap year; and misfortune occurring after the end of the period is ordinary misfortune, and is governed by nothing in this Agreement.
• (f) The Agreement Interval is the period measured by the Site in milliseconds (Clause 2.5), and is the period so measured irrespective of the period which the Licensee experienced. A leap second, a change of the clocks for summer time, or a change of time zone occurring during the Agreement Interval shall be counted or disregarded as the measurement of the Site happens to count or disregard it, and no Badge shall be corrected on that account.
• (g) "Forthwith" and "immediately" mean as soon as reasonably practicable; "promptly" means without undue delay; and "from time to time" means upon such occasions as arise, which may be none.

10 Words of obligation. "Shall" imports an obligation, and "may" confers a permission and imposes none. "Will", where it describes the conduct of the Licensor, imports an obligation as though it were "shall", and the Licensor shall not contend that it records a mere intention. "Must", where it appears, means "shall" and is not stronger, and "undertakes" means "shall" with greater formality and no greater effect.

11 Punctuation. The presence or absence of a comma before the last item of a list has no legal effect; and where its presence or absence would otherwise give rise to an ambiguity, paragraph 2 applies. A semicolon separates provisions which are to be read together, a full stop separates provisions which are to be read in succession, and a parenthesis contains words which are part of the provision in which they appear, and not an aside.

12 Latin and archaic expressions. The expressions listed in Schedule D bear the meanings given there, subject to Clause 1.2. Where the meaning given in Schedule D differs from the classical sense of an expression, Schedule D prevails as regards this Agreement, and the classical sense continues elsewhere undisturbed.

13 Typography and indentation. The indentation of a sub-item has no legal effect beyond indicating the provision to which it belongs, and a sub-item indented further than its context requires is not thereby subordinated to anything. The numbering of a Clause is a means of reference and not a ranking, Clause 25.7 being the only provision by which one provision is placed above another.

14 Partial reading. A Licensee who has read part of this Agreement is bound by it to the same extent as a Licensee who has read the whole or none, and to no greater extent; and no provision shall be construed by reference to the proportion of this Agreement which the Licensee has read, nor to the point at which the Licensee stopped.

15 Silence. Where this Agreement is silent upon a matter, the silence confers no right upon the Licensor and imposes no obligation upon the Licensee, and Applicable Law shall supply what this Agreement omits.

Schedule C. Form of Notice

1 Use of the form. The form in paragraph 2 may be used by the Licensee for any Notice to the Licensor under Clause 20.2(a). Its use is optional (Clause 20.5(d)). A Notice which departs from it, omits parts of it, or consists of a single sentence identifying a Result Identifier and stating what is wanted, is not invalid for that reason, and the Licensor shall not return a Notice for want of conformity with this Schedule.

2 The form. Words in square brackets are to be replaced or deleted as the case requires. The square brackets themselves should be deleted, but their retention shall not invalidate the Notice.

• To: legal@areyouapsychopath.com
• Subject: Notice under Article XX: [state the nature of the Notice in a few words, for example "deletion request"]
• Version of the Agreement: [the Version shown in the Preliminary Notice, presently 1.0, or "not known"]
• Nature of Notice: [retain one or more of the following and delete the remainder]
  • (a) request for the deletion of a result under Clause 10.6;
  • (b) exercise of a right conferred by Applicable Law in respect of data (Article X);
  • (c) Notice of Dispute under Clause 21.2;
  • (d) report of a discrepancy between the Mirror Output and the Scoring Rules (Article I);
  • (e) record of a revocation of the Countenance Licence (Article IV);
  • (f) report of a Reflective Contingency within Clause 17.2;
  • (g) election under Clause 23.5(c);
  • (h) request for a superseded text under Clause 23.8;
  • (i) other: [describe].
• Result Identifier or result address: [paste the full address of each Result Page concerned, one to a line; if none, state "none"]
• Particulars: [state briefly what has happened and what is requested; for a Notice of Dispute, state the matters listed in Clause 21.2(b)]
• Date: [the date of sending]
• Signature: [none is required; leave blank, or type "Sent by the Licensee"]

3 Notes on completion.

• (a) The Licensee should not state a name, postal address, telephone number, date of birth, Archetype or any description of the Licensee's character, none of them being required and the Licensor having no use for any of them (Clause 20.5(c)); and the Licensee's email software may disclose a name unbidden, which the Licensor will disregard.
• (b) The Licensee should not attach any photograph of the Licensee, any image of the Countenance, or any mirror (Clause 20.7).
• (c) Several Result Identifiers may be listed in one Notice; and a Notice relating to results generated upon several Devices is one Notice and not several.
• (d) Where the Licensee no longer has the address of a Result Page, it may remain in the list of the Licensee's own Result Identifiers which the Licensee's browser keeps on the Device upon which the Instrument was completed (Article X), for so long as that storage has not been cleared. The Licensor holds no copy of that list, cannot tell which result is the Licensee's, and cannot supply the address by any other means.
• (e) A revocation of the Countenance Licence takes effect when it is formed in the Licensee's mind, as Article IV provides, and requires no Notice; a Notice under item (e) of paragraph 2 is accordingly a courtesy, which the Licensor acknowledges with thanks and without further consequence. The Licensee need take no further step, and need not avoid Reflective Surfaces thereafter.
• (f) A Notice is not a Notice of Dispute unless it says so, and the Licensor will not treat a request for deletion, or an expression of disappointment with an Archetype, as one.
• (g) The date in the header of the email, and not the date typed in the form, is the date upon which Clause 20.3 operates; save that where the two differ and the typed date is earlier, the Licensor shall treat the Notice as having been composed upon the typed date, for whatever that may be worth.
• (h) Item (b) of paragraph 2 should be selected where the Licensee wishes to exercise a right of access, erasure or the like under Applicable Law; the Licensor will honour it so far as it is able, which, in the absence of a Result Identifier, may be not at all, for the reasons given in Article X.

4 Example. The following is an example of a completed Notice of the commonest kind, and is illustrative only:

• To: legal@areyouapsychopath.com
• Subject: Notice under Article XX: deletion request
• Version of the Agreement: not known
• Nature of Notice: (a) request for the deletion of a result under Clause 10.6
• Result Identifier or result address: [the full address of the Result Page]
• Particulars: Please delete this result.
• Date: [the date of sending]
• Signature: [blank]

5 Sufficiency. The example in paragraph 4 is a complete and sufficient Notice. The Licensor records, for the guidance of Licensees, that the word "Please" in it is not required and that its omission would not invalidate the Notice, though its inclusion is noted.

Schedule D. Table of Archaic and Latin Expressions

1 Status of the table. The table in paragraph 4 sets out the meaning, for the purposes of this Agreement, of certain archaic, Latin and other expressions which occur, or may occur, in it. An expression shall not be taken to occur in this Agreement by reason only of its appearance in this Schedule, and an expression which occurs in this Agreement shall not be taken to lack meaning by reason only of its absence from this Schedule.

2 Accuracy. The meanings given are accurate. They are not designed to assist, and the Licensor gives no warranty that they do (Clause 14.1). Where the meaning given is less intelligible than the expression it explains, Clause 1.2 applies.

3 Internal references. Where an expression is explained by reference to another expression in the table, the reference is to that other expression as explained in the table, and so on; and the Licensor confirms that no chain of such references is circular, save where the table so indicates.

4 The table.

5 Pronunciation. No pronunciation of any expression in the table is prescribed. An expression mispronounced bears the same meaning as an expression correctly pronounced, and a Licensee who pronounces "sui generis" in two syllables or in five is bound to the same extent.

6 Additions. The Licensor may add expressions to the table by amendment under Article XXIII, and such an addition is not a Material Change (Clause 23.4), provided that it explains an expression and does not, under colour of explanation, alter the effect of the provision in which the expression occurs.

Schedule E. Cited Literature

1 The works. The Cited Literature comprises the following works, and no others:

• (a) Babiak, P., Neumann, C. S., & Hare, R. D. (2010). Corporate psychopathy: Talking the walk. Behavioral Sciences & the Law.
• (b) Cleckley, H. (1941). The Mask of Sanity. Mosby.
• (c) Edens, J. F., Marcus, D. K., Lilienfeld, S. O., & Poythress, N. G. (2006). Psychopathic, not psychopath: Taxometric evidence for the dimensional structure of psychopathy. Journal of Abnormal Psychology.
• (d) Hare, R. D. (2003). The Hare Psychopathy Checklist–Revised (2nd ed.). Multi-Health Systems.
• (e) Lilienfeld, S. O., Waldman, I. D., Landfield, K., Watts, A. L., Rubenzer, S., & Faschingbauer, T. R. (2012). Fearless dominance and the U.S. presidency. Journal of Personality and Social Psychology.
• (f) Meffert, H., Gazzola, V., den Boer, J. A., Bartels, A. A. J., & Keysers, C. (2013). Reduced spontaneous but relatively normal deliberate vicarious representations in psychopathy. Brain.
• (g) Miller, J. D., & Lynam, D. R. (2012). An examination of the Psychopathic Personality Inventory's nomological network: A meta-analytic review. Personality Disorders: Theory, Research, and Treatment.
• (h) Patrick, C. J., Fowles, D. C., & Krueger, R. F. (2009). Triarchic conceptualization of psychopathy. Development and Psychopathology.
• (i) Ray, J. V., Hall, J., Rivera-Hudson, N., Poythress, N. G., Lilienfeld, S. O., & Morano, M. (2013). The relation between self-reported psychopathic traits and distorted response styles: A meta-analytic review. Personality Disorders: Theory, Research, and Treatment.
• (j) Sanz-García, A., Gesteira, C., Sanz, J., & García-Vera, M. P. (2021). Prevalence of psychopathy in the general adult population: A systematic review and meta-analysis. Frontiers in Psychology.

2 Order and form. The works are listed in alphabetical order of the surname of the first author, which implies no ranking of merit, priority or relevance, and no view as to which author would prefer to be listed first. The particulars are given in the form in which such works are customarily cited, volume, issue and page being omitted; the particulars given are sufficient to identify each work, and the Licensor gives no warranty of its availability in any library, nor of its price in any bookshop. The typographical features of each title as published, including the dash in the title of item (d) and the ampersand in the title of the journal in which item (a) appeared, are retained, and none of them bears any meaning in this Agreement.

3 Cited, not incorporated. The Cited Literature is cited and is not incorporated. Nothing in it forms part of this Agreement (Clause 25.4(b)), imposes any obligation upon either Party or confers any right upon either Party; and no finding, estimate, conclusion or opinion stated in any of it shall be read as a term, warranty or representation of this Agreement. In particular:

• (a) a prevalence estimate reported in item (j) is not a representation as to the proportion of Licensees, or of the Licensee's acquaintance, who are anything;
• (b) the association between fearless dominance and aspects of presidential performance examined in item (e) confers upon no Licensee whose Boldness Dial is High any entitlement to office, nor any expectation of being elected to one;
• (c) the findings reported in item (i), which bear upon the candour of persons reporting psychopathic traits about themselves, are referred to in Article VI by way of commentary, and create no presumption that a particular Licensee answered candidly or otherwise;
• (d) the distinction drawn in item (f) between spontaneous and deliberate vicarious representation is not a test which the Licensee is invited to administer to any other person, at home, at work or at a dinner party;
• (e) the dimensional structure argued for in item (c), by which psychopathic traits are a matter of degree and not of kind, is reflected in the use by the Instrument of Dials and Bands, and is consistent with Clause 8.1, by which no Mirror Output pronounces any Licensee to be a psychopath; and
• (f) the account of corporate conduct in item (a) is not a description of the Licensor, nor of any Third-Party Processor, nor of the Licensee's employer, whatever the Licensee may suspect.

4 No endorsement. The citation of a work does not imply that its author, any co-author, editor or publisher has endorsed, reviewed or approved, or is aware of, the Site, the Instrument or this Agreement; and the Licensor assumes, in the absence of evidence to the contrary, that none of them has read this Agreement. No author of the Cited Literature is a Party to, or a beneficiary of, this Agreement (Clause 24.10(e)), and none is responsible for the Instrument, its Items, its Scoring Rules, its Archetypes or its Mirror Output.

5 No affiliation. Without prejudice to paragraph 4 or to Article XIII, the citation of item (d) does not indicate any affiliation between the Licensor and Robert D. Hare or Multi-Health Systems. The Instrument is not, does not contain, and is not scored by reference to the Hare Psychopathy Checklist–Revised, which is completed by a trained rater on the basis of an interview and of records, and cannot be completed by tapping.

6 Names of constructs. The names of the three Dials, Boldness, Meanness and Disinhibition, are the names of the constructs described in item (h). Their use in the Instrument is for the purposes of commentary and organisation, and does not imply that the Instrument has been validated by the authors of item (h) or against any measure which they describe.

7 No obligation to read. The Licensee is under no obligation to read the Cited Literature, which in aggregate exceeds this Agreement in length by a margin which the Licensor has not measured. Item (b) was revised and enlarged in later editions; the reference is to the edition of 1941, and a Licensee who consults a later edition does so without any alteration of the Licensee's position under this Agreement.

8 Corrections. Where any particular of a work in paragraph 1 is found to be inaccurate, the reference shall be read as a reference to the work evidently intended, and the particular may be corrected by amendment under Article XXIII, such a correction not being a Material Change (Clause 23.4).

9 Quotation. Any passage of the Cited Literature quoted upon the Site, in the Small Print or in this Agreement is quoted for the purposes of commentary, with acknowledgement of its source, and in no greater quantity than those purposes require; and a quotation, like a citation, confers upon the Licensor no interest in the work from which it is taken (Article XIII).

Schedule F. Record of Amendments

1 The record. The following is the record of each Version of this Agreement published under Article XXIII:

2 Addition of rows. Upon each amendment under Clause 23.1, the Licensor shall add one row to the table in paragraph 1, immediately beneath the last existing row, stating:

• (a) the new Version;
• (b) the date from which the new Version has effect;
• (c) a description of the amendment, in terms brief enough to fit within the row and plain enough to be understood without recourse to Schedule D; and
• (d) whether the amendment makes a Material Change within Clause 23.3, and accordingly whether a fresh Act of Agreement is required.

3 Permanence. No row shall be deleted, and no entry in an existing row shall be altered, save to correct a clerical error, and then only by the addition of a further row recording the correction. The table accordingly grows in one direction only, and its length is evidence of the number of amendments made and of nothing else, and in particular not of the Licensor's indecision.

4 The first row. The first row records the original issue of this Agreement. No later row shall describe itself as "Original issue", and a row which does so shall be read as describing an amendment, the original having been issued once.

5 No row for a row. The addition of a row under paragraph 2 forms part of the amendment which it records, and is not a separate amendment requiring a row of its own. The alternative, by which each row would itself be recorded in a further row, has been considered and declined, as having no end and as producing a regress of the kind which Article IV caps at the third order and which this Schedule declines to begin.

6 Evidential status. The table is a record and not the instrument of amendment. An amendment takes effect under Clause 23.1 upon the publication of the revised text, whether or not the corresponding row has been added; provided always that where a revised text has been published without a row, the amendment shall be presumed, in favour of the Licensee, to make a Material Change, until the row is added and states otherwise.

7 Inconsistency. Where the Version or Effective Date stated in the Preliminary Notice or in the Licence Dialog differs from that stated in the last row of the table, the Preliminary Notice prevails as to which Version is in force, and Clause 23.2 determines which text bears that Version.

8 Reflection of the table. The table in paragraph 1, perceived in a Reflective Surface, presents its columns in reverse order, with the question of Material Change first and the Version last. The order of the columns has no legal significance, and the table so perceived records the same amendments.

9 End of this Agreement. This Schedule is the last provision of this Agreement, as Article I records, and nothing follows it; any text perceived by the Licensee after this paragraph, upon the Site or elsewhere, forms no part of this Agreement.