T-JTA® Online Administration License Agreement

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This TJTA-Online( Website License (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 TJTA-Online( Website ("Website"). This license describes the terms upon which the TJTA-Online( Website is available for license and upon which Licensee may have Licensee's clients access the TJTA-Online( Website for the purpose of completing, over the Internet, the T-JTA for subsequent scoring by Licensee. Please read all of the terms in full. BY CLICKING THE BUTTON MARKED "I ACCEPT THIS LICENSE" OR ACCESSING OR USING ANY PART OF THE TJTA® -ONLINE( WEBSITE, 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 TJTA® -ONLINE( WEBSITE OR ITS PRODUCTS OR SERVICES. 1. GENERAL The TJTA-Online( Website allows you to administer, score, and report the Taylor-Johnson Temperament Analysis® (T-JTA® ) published by PPI. The Website is licensed, not sold to you, the Licensee, by PPI on the terms stated herein. You may use the Website only during the term of this license and only according to the term of this license. PPI reserves all rights to the Website and to each of its component parts and their contents. You agree that from time to time the Website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which PPI may undertake; or (iii) causes beyond the control of PPI or which are not reasonably foreseeable by PPI. 2. GRANT OF LICENSE In order to permit Licensee to administer, score and report on Licensee's administration of the varuous instruments available on t the Website, and for the purposes stated hereafter and those limited purpose only, PPI grants Licensee the non-exclusive right to (a) administer the instruments contained on the Website and use the resulting information to assist and/or counsel Licensee's clients who have taken the instrument; and/or (b) administer the instruments contained on the Website and use the resulting information to assist and/or counsel third persons who have taken the instrument. In the instance that the instrument(s) taken are B or C level instruments, Licensee may only use the resulting test scores or results where that assistance and/or counseling is broader and more comprehensive than simply providing or passing on the third person's instrument test scores or results. Licensee further agrees that Licensee will not, in any circumstances, use the Website to simply provide third persons with B or C level test administration, B or C level test scoring and/or test results where that provision of B or C level test results is not associated with Licensee's provision of counseling and/or other services which counseling and/or other services are more comprehensive than the simple communication of test results. Licensee agrees that, during the term of this License, it will not itself provide third parties with scoring services for any of the instruments available on the Website, and that it will not contract with persons other than PPI for the scoring of any of the instruments contained on the Website. 3. FEES AND ADMINISTRATIONS To make access to the Website available to Licensee's clients, Licensee agrees to pay fees, at the rates announced by PPI from time to time, for each administration conducted via the Website. The administration fees may vary depending upon the number and type of the particular reports you choose to administer. Additional administrations may be purchased from PPI from time to time at your discretion. Administration Fees: PPI reserves the right to change these administration fees from time to time at PPI's sole discretion, as announced on the Website, in PPI's catalog and/or price lists, or as otherwise communicated to Licensee. Initial License and Annual Renewal Fees: Licensee understands that, in addition to these administration fees, PPI may charge annual fees at the inception of and upon each annual renewal of this license. Such initial license and annual license renewal fees shall be in such amounts as announced by PPI from time to time, at PPI's sole discretion, unless otherwise agreed to between PPI and Licensee. The initial license fee shall be billed by PPI and payable by Licensee when Licensee's account is first set up, and said renewal fee shall be billed by PPI and payable by Licensee every 12 months thereafter during the continued existence of this license. 4. PROFESSIONAL STANDARDS Your use of the Website for administration, scoring and interpretation of the instruments contained on the Website must be in accordance with the Ethical Standards of Psychologists established by the American Psychological Association, and the Standards for Educational and Psychological Testing, published by the American Educational Research Association, the American Psychological Association, and the National Council on Measurement in Education (including in particular, Standard 5.10 thereof), all as amended and/or republished from time to time. Said Standard 5.10 provides: "When test score information is released to students, parents, legal representatives, teachers, clients, or the media, those responsible for testing programs should provide appropriate interpretations. The interpretations should describe in simple language what the test covers, what scores mean, the precision of the scores, common misinterpretations of test scores, and how scores will be used." 5. COPYRIGHT OWNERSHIP AND OTHER RESTRICTIONS PPI owns or is the licensee of the entire Website, its components, each of the instruments contained thereon, and all copyrights and other rights thereto. PPI retains title to and ownership of the Website in its entirety. YOU MAY NOT YOURSELF, NOR MAY YOU ASSIST OR AUTHORIZE OTHERS TO REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE THE WEBSITE TO HUMAN PERCEIVABLE FORM; MODIFY, ADAPT, RENT, LEASE, TRANSFER, SUBLICENSE, ASSIGN, LOAN, OR SELL THE WEBSITE, OR ITS COMPONENTS; 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. TRADEMARK GUIDELINES PPI owns and/or licenses several registered and unregistered trademarks. You agree that you will at all times follow the Trademark Guidelines established by PPI and available on the Website. 7. LIMITED USE OF DATA You agree not to use the data ("Data") obtained from your use of the Website other than for the following purposes: 1) for evaluating and counseling the individuals or clients for whom you administer the instrument embedded in the Website; and 2) for academic research. With respect to T-JTA® instrument results, you further specifically agree that you will in no circumstance simply communicate such results without accompanying that communication with appropriate, personal, professional interpretation of such results. Such appropriate interpretation may be conducted in a number of professionally accepted manners: (a) traditional, professional, face-to-face administration and interpretation; (b) on-line administration with professional, face-to-face interpretation; (c) on-line administration followed by professional interpretation via written report AND phone and/or email discussion; (d) on-line administration with professional interpretation via individual or group video conferencing. 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 available in the Website, 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 Website, the scoring system available on the Website, or the instruments available on the Website. You acknowledge that said norms, weights, measures and other components of the scoring system available on the Website belong to and are valuable trade secrets of PPI and/or its licensors. You agree that PPI may, without obligation to you, collectively (without disclosing your clients' or any individual test taker's identity), evaluate and/or process the data for PPI's use in validating and improving the Website and the underlying instrument it scores, and/or for research, dtabase enhancement, and PPI's and/or its licensor's other research, educational, and/or 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, or in violation of any other applicable law. 8. LIMITED WARRANTY, LIMITATION OF LIABILITY PPI warrants that it will make reasonable efforts to assure that the TJTA®-Online( Website remains online and functioning normally. PPI does not, however, warrant that its Website will be either uninterrupted or error free. EXCEPT AS PROVIDED ABOVE, PPI MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR ITS OPERATION, EXPRESS OR IMPLIED, AND INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. LICENSEE UNDERSTANDS AND AGREES THAT PPI'S LIABILITY TO LICENSEE, REGARDLESS OF LEGAL THEORY, SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE RETURN OF THE AMOUNT OF FEES LICENSEE HAS PAID TO PPI FOR USE OF THE WEBSITE DURING THE PRECEDING TWELVE MONTHS. UNDER NO CIRCUMSTANCES SHALL PPI BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCURRED BY LICENSEE, BY LICENSEE'S CLIENTS, OR BY 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. 9. CHARGES, UPGRADES PPI retains the right, but is not obligated, to update and change the Website without notice, during the term of this license. 10. TERMINATION This license shall terminate, following written notice from PPI, if (a) you fail to pay the fees associated with this agreement and/or use of the Website; or (b) 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 90 days written notice. 11. LICENSEE SUBMISSIONS From time to time PPI may solicit and/or publish submissions in the form of Content Provided by Licensee for publication on the Website. Licensee assigns any and all rights Licensee has in this content to PPI for the purpose of publication on the Website. While PPI reserves final editorial control over and the right to reject any proposed Content, by agreeing to this License, Licensee represents and warrants to PPI that the Content is true, correct and adheres to the Professional Standards in Section 4 above, and that it does not infringe or violate any copyright, trademark, trade name, right of privacy or any other personal or proprietary right of any third party. Licensee agrees to defend and indemnify PPI, its officers, directors, employees and assigns, against any claims, damages, losses, costs or liabilities of any kind (including reasonable attorneys?fees) arising out of or in connection with any actual or alleged breach of any of these warranties, or in connection with any third party suits or claims alleging matters which, if true, would constitute a breach of these warranties. 12. MISCELLANEOUS 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 0f 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 Website are subject to DFARS 252.227-7013(c)(1)(ii) or 48 CFR 52.227-19(a)-(d). If any provision of this agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent deemed omitted, and the balance of the Agreement shall remain enforceable. 13. SIGNATURE INFORMATION AND LICENSEE ACCEPTANCE OF THE TERM S OF THIS WEBSITE LICENSE By filling out the "Licensee" First Name and "Licensee" First Name boxe below, you represent that you are authorized to and do accept all of the terms of this Agreement on the Licensee's behalf.
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Licensee understands that Licensee should not set up a PPI Online Scoring account for the purpose fo buying PPI print products, which are available from www.tjta.com or by calling PPI at 1-800-345-8378. If Licensee in fact wishes to accept this License and use PPI products in electronic form, click on the button below. If Licensee accepts the terms of this License, please click on the "Yes", I accept this license" box below.
If Licensee does not accept the terms of this License, please click on the "No, I decline this license" box below.