CC licensing agreement.pdf

LICENSING AGREEMENT

The contents of this download may not be reproduced or posted on a network or the Internet except as explicitly stated in this Licensing Agreement.

SOFTWARE LICENSING AGREEMENT The following paragraphs constitute the Software Licensing Agreement (“Agreement”) for this product. For the purposes of this Agreement, “Software” refers to the files contained in the electronic version of The Carolina Curriculum Forms, by Nancy M. Johnson-Martin, Ph.D., Susan M. Attermeier, Ph.D., PT, and Bonnie J. Hacker, MHS, OTR/L. Please read the Agreement carefully before using the Software. The Agreement gives you, the Purchaser, certain benefits, rights, and obligations. The Purchaser may be an individual or a single office. By accessing or using the Software, the Purchaser is accepting the terms and conditions of this Agreement between the Purchaser and Paul H. Brookes Publishing Co., Inc. (“Brookes Publishing Co.”).

LICENSE

  1. Brookes Publishing Co. licenses and authorizes the Purchaser to print and photocopy the Assessment Logs and Developmental Progress Charts contained in the Software from a microcomputer located within the Purchaser’s own facilities in the course of the Purchaser’s service provision to children and families. Electronic reproduction of the Assessment Logs and Developmental Progress Charts is prohibited. Printed copies may only be made from an original CD-ROM, from the original electronic download purchased from Brookes Publishing Co., or as explicitly stated in Paragraph 2.
  2. Brookes Publishing Co. licenses and authorizes the Purchaser to post the Assessment Logs and Developmental Progress Charts on a local area network (LAN) and to print from the LAN provided that all other stipulations of this Agreement are met and all employees with access to the Assessment Logs and Developmental Progress Charts work at the same office as the Purchaser. For use of Acrobat® Reader® on a LAN, please go to www.adobe.com.
  3. The Assessment Logs and Developmental Progress Charts may not be posted on the Internet under any circumstances. This license is granted on a limited, non-exclusive, non-transferable basis. Unauthorized use beyond the privileges granted in this Agreement is prosecutable under federal law.
  4. The Purchaser agrees to abide by the Copyright Law of the United States of America. Copyright and other laws protect the Software in its entirety. The law provides the Purchaser with the right to make only one back-up copy. It prohibits the Purchaser from making any additional copies, except as expressly permitted by Brookes Publishing Co. The copyright protection line is at the bottom of each form.
  5. The Purchaser also agrees that s/he will not prepare derivative works based on the Software. Such action is not permitted under Copyright Law. For example, the Purchaser cannot prepare an alternative hardware version or format based on the Software. If the Purchaser has a disability and requires access by other means, s/he should contact the Brookes Publishing Co. Subsidiary Rights Department at rights@brookespublishing.com for written authorization.
  6. None of the content of this Software may be distributed to generate revenue for any program or individual.
  7. The Purchaser acknowledges that the Software is subject to regulation by agencies of the United States government, including the U.S. Department of Commerce, which prohibits export or diversion of certain technical products to certain countries. The Purchaser shall comply with all respects in all export and re-export restrictions applicable to the Software, its documentation, and related materials.

OWNERSHIP

The Software is owned and copyrighted by Brookes Publishing Co. The Purchaser’s license confers no title or ownership in the Software and is not a sale or grant of any rights in the Software. Brookes Publishing Co. may protect its rights in the event of any violation of this Agreement.

LIMITED WARRANTY

  1. If the Purchaser has a problem with the operation of the Software or believes the disc on which the Software is stored is defective, the Purchaser may contact Brookes Publishing Co. about securing a replacement. Brookes Publishing Co. cannot, however, offer free replacements for Software damaged through normal wear and tear, or lost while in the Purchaser’s possession. Nor does Brookes Publishing Co. warrant that the Software will satisfy the Purchaser’s requirements, that the operation of the Software will be uninterrupted or error-free, or that program defects in the Software can be corrected. Except as described in this Agreement, Software is distributed “as is” without warranties of any kind either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose or use. Some states do not allow limitations on the duration of an implied warranty so the above limitation or exclusion may not apply to the Purchaser. This warranty gives the Purchaser specific legal rights and the Purchaser might have other rights that vary from state to state, or province to province.
  2. Additional rights and benefits may come with the specific Software you have purchased. Contact Paul H. Brookes Publishing Co. for information.

TERMINATION

Brookes Publishing Co. may automatically terminate the Purchaser’s license to use this Software for failure to comply with any of the terms of this Agreement. Upon termination, the Purchaser must immediately destroy the Software.

MISCELLANEOUS

This Agreement does not limit any rights that Brookes Publishing Co. may have under trade secret, copyright, trademark, patent, or other laws. The agents, employees, and distributors are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Brookes Publishing Co. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted, and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Maryland law and applicable federal law.

Copyright © 2004 by Paul H. Brookes Publishing Co., Inc. Adobe, the Adobe logo, Acrobat, and Reader are either registered trademarks or trademarks of Adobe Systems Inc. in the United States and/or other countries. Windows™ is a trademark of Microsoft™ Corporation. Macintosh® is a trademark of Apple Computer, Inc.