PPI Software System License Agreement
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This PPI Software System License Agreement ("License") is made between Psychological Publications Inc. (collectively "Licensor" or "PPI") and any person (collectively "you", "your", "Licensee", or "I") who completes the registration process and uses the T-JTA Computer Scoring Software. This license describes the terms upon which the T-JTA Computer Scoring Software available for license.
Please read all of the terms in full. BY CLICKING THE BUTTON MARKED "I ACCEPT THIS LICENSE" OR USING ANY PART OF THE T-JTA COMPUTER SCORING SOFTWARE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, SELECT THE BUTTON MARKED "I DECLINE THIS LICENSE". IF YOU DECLINE THIS LICENSE, YOU MAY NOT ACCESS OR USE ANY PART OF THE T-JTA COMPUTER SCORING SOFTWARE.
This agreement describes the terms upon which the PPI Software System is available for license. If these terms are acceptable to you, please sign this license where indicated below, and return the executed copy to Psychological Publications Inc. (PPI) with your payment and order for the system.
The PPI Software System includes software (an installation CD or USB Flash Drive) for administering, scoring and reporting the Taylor-Johnson Temperament Analysis® (T-JTA®) (the "Software"), and the PPI Software System User's Guide (the "User's Guide"). The Software and the User's Guide are collectively referred to as the "System". The System is licensed, not sold to you, the Licensee, by PPI on the terms stated herein. You may use the System only during the term of this license and only according to the terms of this license. PPI reserves all rights to the System, each of its component parts and their contents that are not expressly granted to you herein.
2. Grant of License:
In order to permit Licensee to administer, score and report on Licensee’s administration of the T-JTA® imbedded in the Software, and for that limited purpose only, PPI grants Licensee the non-exclusive right to:
(a) Install the Software on Licensee’s computer, or, in the alternative, to
(b) Install the Software on multiple computers. Provided, however, that (i) each computer must be under Licensee’s direction, control and supervision; (ii) that Licensee represents that the computers will not be accessible to persons or entities who are not bound by the restrictions of this License, whether as employees of Licensee or otherwise; and (iii) that persons accessing the Software may do so only for the specific, limited purpose of administering the PPI instrument imbedded in the Software and storing the responses thereto on Licensee’s computer. Licensee agrees that, during the term of this License, Licensee will not provide third parties with scoring services for the TJTA.
(c) A remote administration USB Flash Drive may be obtained from PPI that allows administration only, but not installation of the scoring program. Licensee understands and agrees that all scoring and reporting of completed instruments can and will take place only on the computer drive on which the Scoring Software is installed.
3. Fees and Administrations:
Licensee may be subject to an initial and renewal fee for the software license that will be disclosed to you at the time of your initial order for administrations. You agree to pay PPI fees at PPI's then-announced rates for such additional administrations as you may choose to purchase from PPI during the term of this License. PPI's fees for additional administrations may be changed from time to time, at PPI's sole discretion, as announced in PPI's catalog and/or price lists. The administration fees may vary depending upon the number and type of the particular reports you choose. Additional administrations may be purchased from PPI from time to time at your discretion. Your order will be filled by providing you with a password, a disk or other media that, when uploaded onto the System, will adjust your coupon count and authorize additional administrations.
4. Professional Standards:
Your use of the System for administering, scoring, reporting and interpretation of the instruments contained in the Software must be in accordance with the Ethical Standards of Psychologists established by the American Psychological Association and the Guidelines for Computer-Based Tests and Interpretations adopted by the committee on Professional Standards and the Committee on Psychological Tests and Assessments.
5. Copyright Ownership and Other Restrictions:
PPI owns or is the licensee of the entire System, its components, and all copyrights and other rights thereto. You are not licensed to copy or reproduce in any manner the Software or the User's Guide.
PPI retains title to and ownership of the System in its entirety, including but not limited to the copy of the Software delivered to you and all copies thereof (whether made pursuant to or in excess of your rights hereunder). You agree to return the original Software and all physical copies thereof to PPI, and to delete the Software from your computers promptly upon termination of this license for any reason.
YOU MAY NOT YOURSELF, NOR MAY YOU ASSIST OR AUTHORIZE OTHERS TO REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE THE SOFTWARE TO HUMAN PERCEIVABLE FORM; MODIFY, ADAPT, RENT, LEASE, TRANSFER, SUBLICENSE, ASSIGN, LOAN, OR SELL THE SOFTWARE, OR THE USER'S GUIDE; OR CREATE DERIVATIVE WORKS BASED ON ANY PART OF THE SYSTEM, INCLUDING WITHOUT LIMITATION THE SOFTWARE OR ANY OF THE INSTRUMENTS IN CONTAINS, OR ANY PARTS THEREOF.
6. Limited Use of Data:
You agree not to use the data ("Data") obtained from your use of the Software other than for the following purposes: 1) for evaluating and counseling the individuals or clients for whom you administer the instrument embedded in the Software and 2) for academic research.
You specifically agree that you will not (and will not permit anyone else to: 1) use the Data to analyze the norms, weights, measures or other components or features of the scoring system embedded in the Software, 2) use the Data to construct a rival, derivative or competitive scoring system or testing instrument of any kind, or 3) use the Data in any way which has a tendency to otherwise diminish the value or market position of the Software, the scoring system imbedded in the Software, or the instrument administered through the system.
You acknowledge that said norms, weights, measures and other components of the scoring system imbedded in the Software belong to and are valuable trade secrets of PPI and/or its licensors. Upon request, you will forward the Data to PPI for PPI's use, without obligation to you, collectively (without disclosing client identity), in validating and improving the Software and the underlying instrument it scores, and/or for research, database enhancement, and PPI's and/or its licensor's other research, educational, and commercial purposes.
Nothing in this license requires the Licensee to make any disclosure of information in any form that would be in violation of The Federal Family Education Rights and Privacy Act.
7. Limited Warranty, Limitation of Liability:
PPI warrants the Software to be free from defects in workmanship and materials for the duration of this license under normal use. If defects are present, PPI will repair or, at PPI's option replace the Software provided the defective Software is returned to PPI. Replaced Software shall remain the property of PPI, and replacement Software provided to you shall be subject to all the terms of this license.
EXCEPT AS PROVIDED ABOVE, PPI MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SYSTEM OR ITS OPERATION, EXPRESS OR IMPLIED, AND INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT PPI'S LIABILITY TO YOU, REGARDLESS OF LEGAL THEORY, SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE RETURN OF THE AMOUNT OF FEES PAID TO PPI FOR USE OF THE SYSTEM HEREUNDER. UNDER NO CIRCUMSTANCES SHALL PPI BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO LOSS OF INFORMATION, PROFITS, BUSINESS OPPORTUNITIES OR GOODWILL, EVEN IF PPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, PPI SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF OR TO DATA OR OTHER SOFTWARE PROGRAMS STORED IN OR ON THE SAME COMPUTER AS THE SOFTWARE. PPI SHALL NOT IN ANY CIRCUMSTANCES BE RESPONSIBLE TO ANY THIRD PARTY FOR OR IN ANY MANNER IN CONNECTION WITH YOUR USE OF THE SYSTEM OR YOUR INTERPRETATION OF THE INSTRUMENT OR THE DATA.
8. Charges, Upgrades:
PPI retains the right, but is not obligated, to update and change the Software, without notice, during the term of this license. If PPI does so, you may exchange your Software for upgraded Software.
This license shall terminate, following written notice from PPI, you breach or do not comply with any provision of this license. You may terminate this license at any time, upon written notice to PPI. In addition, PPI reserves the right to terminate this license, without cause and in PPI's sole and absolute discretion, upon 120 days written notice. Upon termination you shall remove the Software from any computer on which it was installed, and return or destroy all copies of the Software and User's Guide.
This license is offered to you only on the express terms and conditions stated in this license, and, pursuant to California Commercial Code section 2207(2)(a), your acceptance of this license is limited to the specific, express terms stated in this license. This license will be governed by and construed under the laws of the State if California, except for that body of law dealing with conflicts of law. If you are a U.S. Government end-user, this license conveys only "Restricted Rights", and the use, disclosure and duplication of the Software are subject to DFARS 252.227-7013(c)(1)(ii) or 48 CFR 52.227-19(a)-(d). This license is the complete agreement between us and supersedes any prior understandings or discussions between us.
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