Licensee (Agency/Company/Investigator) or User, by the use of the HSI2 or its subscales agrees to accept the following terms and conditions of this Site License Agreement (hereafter Agreement).
The parties agree as follows:
1. Definitions. HSI2 means a collection of program evaluation tools/survey instruments and associated instructions (hereafter content).
2. Behavioral Assessment, Inc. may update Content from time to time, at its sole discretion, and without notice. Substantive revisions in Content will result in sequential versions of the measure(s). Upon inquiry by the User, updated versions, if any, will be supplied at no additional cost.
3. Licensed materials or Content means the current version of the Hispanic Stress Inventory 2 (HSI2) instrument, or a customized version of the instrument. The HSI2 Content is copyrighted. Title to the Content expressly remains with the licensor, Behavioral Assessment, Inc.
4. License grants, conditions and limitations.
a.Subject to Licensee’s continued compliance with all material terms of this agreement, Behavioral Assessment, Inc. grants to User a on exclusive, limited site license to use the HSI2 and associated subscales, in accordance with instructions.
b.Company/Agency/Investigator can reproduce and distribute Content including survey instrument solely for the use of the Company’s/ Agency’s/Investigator’s employees, staff, clients, participants, students, temporary consultants, or contract interviewers.
c. Company/Agency/Investigator may use the licensed materials/Content as many times and at such frequency that the User deems appropriate, for a 12-month period of time.
5. Licensure conditions. The license granted herein is expressly subject to the following conditions.
a. Alteration or modification of Content. Company/Agency/Investigator may drop entire sections/subscales of the HSI2, or use only certain subscales. Company/Agency/Investigator cannot otherwise delete/edit/modify questions, deconstruct the instrument to use only a limited set of items, nor can they add additional items to the instrument, nor can they combine this instrument, or any part thereof, with any other survey questions or survey instruments within the same form without expressly demarcating and labeling the HSI2 materials.
b. Customization of the survey instruments by the User is limited to alterations or additions within the demographic and service user profile sections of Content, such alterations or additions may be undertaken to suit Company/Agency/Investigator needs. Any other customization is by expressed permission only.
c. The Site License is nontransferable. User cannot redistribute the instrument or subscales to third parties for their use, whether for a fee or at no charge.
d. User agrees to use the full title of the instrument and verbally or in writing credit Behavioral Assessment, Inc. as its developer when describing survey/research processes and findings in any reports, publications or presentations. This includes citation of original scientific publication.
e. User may not take items/segments of the HSI2, or modify Content to create a derivative work thereof.
6. Ownership.
a.Behavioral Assessment, Inc. is the sole and exclusive owner of the rights, title, and interest in Behavioral Assessment, Inc., and retains all rights, title and interests. Under no circumstances will anything in this Agreement be construed as granting further rights to User. All rights not expressly granted herein are reserved by Behavioral Assessment, Inc. Any use of the content of the HIS2 not expressly permitted by this Agreement may violate copyright law.
b. Data generated using Content is owned by the User.
c. User is encouraged, but not obligated, to share data files and reports with Behavioral Assessment, Inc.
i. Privacy. In no case should User transmit data with personally identifying information
from clients/subjects/ participants.
ii. Behavioral Assessment, Inc. will hold the data of the Licensee secure and private.
iii. The name of User may be disclosed as a site licensee, but no data/finding
will be directly linked to the Company/Agency/ Investigator by name, if used in
reports generated by Behavioral Assessment, Inc.
iv. Data and reports provided to Licensor will be aggregated and used to create
normative tables, to set benchmarks, to conduct psychometric tests of the properties
of the instrument, and/or to improve Content, or to create general reports on use of
Content.
v. An exception may be to share data or reports with other Users, upon express written
permission of the User, to create a User’s group or learning community.
7. Acceptance and Disclaimers.
a. Company’s/Agency’s/Investigator’s use of the HSI2 or subscale shall be deemed Users acceptance of HSI2 and this Agreement in full and in part.
b. The Content supplied to User under this Agreement are “as is” and without Warranty of any kind. The entire risks, results, suitability or fitness for a particular purpose, usefulness and performance of the licensed Content, are assumed by the Company/Agency/Investigator, to the maximum extent permitted by law.
c. Limitation of liability. User agrees to hold Behavioral Assessment, Inc. harmless, and shall not be liable for any indirect, punitive, inconsequential or consequential damages in any way connected with the use of the licensed materials. Liability under terms of service is limited to what User actually paid for the Site License.
d. Indemnification. User agrees to hold Behavioral Assessment, Inc. harmless and to defend and indemnify Behavioral Assessment, Inc. against all claims, liabilities, personal injuries, loss of privacy, damages and expenses related to the use of licensed materials.
e. Termination.
i. User can terminate this Agreement at any time without advance notice, but must promptly destroy all materials obtained from Behavioral Assessment, Inc.
ii. Violation of any of the terms and conditions of this Agreement by Company/Agency/Investigator as User is a material breach of the terms and conditions of this Agreement, and results in an automatic termination of Users permission to use Content, and Company/Agency must immediately destroy any and all copies it has of Content.