QUESTIONNAIRE LICENSE AGREEMENT – FOR ACADEMIC RESEARCHER / STUDENT USE
IMPORTANT: The Questionnaire you seek to use is licensed only on the condition that you (“YOU”) are an Academic Researcher (as defined below) and agree with The University of Western Ontario (“WESTERN”) to the terms and conditions set forth below. THIS LICENSE IS LIMITED TO A SINGLE USE OF THE QUESTIONNAIRE IN A RESEARCH PROJECT. ADDITIONAL USES OF THE QUESTIONNAIRE REQUIRE A RENEWAL LICENSE. PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS QUESTIONNAIRE LICENSE AGREEMENT.
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK ON THE “I Accept” BOX AT THE BOTTOM OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THE QUESTIONNAIRE.
DEFINITIONS
In this agreement, the following words, when capitalized, have the indicated meanings:
“Academic Researcher” indicates someone whose position presumes that they will conduct research and be responsible for the publication or other dissemination of the results of that research or be responsible for the teaching of students.
“Inventors” indicate the authors, Dr. John Meyer and Dr. Natalie Allen, in the Faculty of Social Science at WESTERN.
“Questionnaire” indicates the TCM Employee Commitment Survey, Academic Version 2004 developed by the Inventors. The Questionnaire includes the Users Guide and the Organizational Commitment Survey which is available in two versions; the “Original” which contains 24 questions and the “Revised” which contains 18 questions. The license granted under this Agreement includes both versions of the survey and the Users Guide and can be downloaded from this website as a single PDF file.
“Research Project” indicates the administration of the Questionnaire to a person(s) or an organization by an Academic Researcher for the purpose of a single academic research study whereby no consideration of any kind, payment or otherwise, is received from the participants, or any affiliates of the participants, for the results from administering the Questionnaire.
1. LICENSE TO USE: WESTERN hereby grants to YOU a personal, non-exclusive, revocable, non-transferable, limited license to use the Questionnaire in a single Research Project. Any use of the Questionnaire for consulting or other commercial purposes is strictly prohibited.
2. LICENSE FEE: For use in a single Research Project conducted by an Academic Researcher the fee shall be $0.00 USD.
3. TERMS OF USE:
(a) YOU acknowledge that the Questionnaire is a copyrighted work and that it shall retain any copyright notices contained in or associated with the Questionnaire. Any use of or reference to the Questionnaire in a Research Project shall include the following notice: “Use of the TCM Employee Commitment Survey, authored by John Meyer and Natalie Allen was made under license from The University of Western Ontario, London, Canada”.
(b) YOU agree (at the request of the Inventors) to share any results of the research conducted using the Questionnaire.
4. TERM AND TERMINATION: This Agreement is limited to use in a single Research Project and shall terminate at the conclusion of the Research Project. Use of the Questionnaire in subsequent research requires a renewal of the license. This Agreement shall terminate immediately without notice from WESTERN if you fail to comply with any provision of this Agreement. On any termination of this Agreement, the Disclaimer of Warranty, Restrictions, Limitation of Liability and Indemnity provisions of this Agreement shall survive such termination.
5. OWNERSHIP & RESTRICTIONS: The Questionnaire and any and all knowledge, know-how and/or techniques relating to the Questionnaire in whole or in part, is and shall remain the sole and absolute property of WESTERN and WESTERN owns any and all right, title and interest in and to the Questionnaire. All inventions, discoveries, improvements, copyright, know-how or other intellectual property, whether or not patentable or copyrightable, created by WESTERN prior to, after the termination of, or during the course of this Agreement pertaining to the Questionnaire is and shall remain the sole and absolute property of WESTERN. No right, title or interest in or to any trademark, service mark, logo, or trade name of WESTERN is granted to YOU under this Agreement. Without limiting the foregoing YOU shall not, and shall not authorize any third party to:
- • make copies of the Questionnaire;
- • modify, create derivative works, or otherwise alter the Questionnaire;
- • distribute, sell, lease, transfer, assign, trade, rent or publish the Questionnaire or any part thereof and/or copies thereof, to others;
- • use the Questionnaire or any part thereof for any purpose other than as stated in this Agreement;
- • use, without its express permission, the name of WESTERN in advertising publicity, or otherwise.
6. DISCLAIMER OF WARRANTY: THE QUESTIONNAIRE IS PROVIDED TO YOU BY WESTERN “AS IS”, AND YOU ACKNOWLEDGE AND AGREE THAT WESTERN MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE QUESTIONNAIRE FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE QUESTIONNAIRE SHALL PRODUCE A DESIRED RESULT, OR THAT THE USE OF THE QUESTIONNAIRE SHALL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS, OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THE PROVISIONS OF THIS AGREEMENT.
IN PARTICULAR, NOTHING IN THIS AGREEMENT IS OR SHALL BE CONSTRUED AS:
A WARRANTY OR REPRESENTATION BY WESTERN AS TO THE VALIDITY OR SCOPE OF ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS IN THE QUESTIONNAIRE.
7. LIMITATION OF LIABILITY: WESTERN SHALL NOT BE LIABLE TO YOU, YOUR END-USERS, OR ANY OTHER PERSON OR ENTITY FOR ANY LIABILITY, LOSS OR DAMAGES CAUSED OR ALLEGED TO HAVE BEEN CAUSED, EITHER DIRECTLY OR INDIRECTLY, BY THE QUESTIONNAIRE OR THE USE THEREOF. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL WESTERN BE LIABLE FOR ANY LOST REVENUE, PROFIT, BUSINESS INTERRUPTION OR LOST DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE QUESTIONNAIRE EVEN IF WESTERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WESTERN’S TOTAL LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE LICENSE FEES (IF ANY) PAID TO WESTERN.
8. INDEMNITY: YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS WESTERN, ITS BOARD OF GOVERNORS, FACULTY, STAFF, STUDENTS AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, ACTION, CLAIM OR EXPENSE (INCLUDING ATTORNEY’S FEES AND COSTS AT TRIAL AND APPELLATE LEVELS) IN CONNECTION WITH ANY CLAIM, SUIT, ACTION, DEMAND OR JUDGEMENT ARISING OUT OF, CONNECTED WITH, RESULTING FROM, OR SUSTAINED AS A RESULT OF USE OF THE QUESTIONNAIRE OR IN EXECUTING AND PERFORMING THIS AGREEMENT.
9. GOVERNMENT END USERS: US Government end users are not authorized to use the Questionnaire under this Agreement.
10. USE: YOU represent and warrant that YOU possess the legal authority to enter into this Agreement. YOU agree to be responsible for any License Fees, costs, charges and taxes arising out of your use of the Questionnaire. YOU are responsible for supplying any hardware or software necessary to use the Questionnaire pursuant to this Agreement.
11. GENERAL PROVISIONS:
(a) This Agreement (and all disputes arising out of or relating to this Agreement) shall be governed and interpreted according to the laws of Ontario, Canada without regard to its conflicts of laws rules. YOU agree that by accepting the terms of this Agreement and using the Questionnaire YOU have attorned to the exclusive jurisdiction of a Court of competent authority in the Province of Ontario, Canada.
(b) USE OF THE QUESTIONNAIRE IS PROHIBITED IN ANY JURISDICTION WHICH DOES NOT GIVE EFFECT TO THE TERMS OF THIS AGREEMENT.
(c) YOU agree that no joint venture, partnership, employment, consulting or agency relationship exists between YOU and WESTERN as a result of this Agreement.
(d) This Agreement is the entire agreement between YOU and WESTERN relating to this subject matter. YOU shall not contest the validity of this Agreement merely because it is in electronic form.
(e) No modification of this Agreement shall be binding, unless in writing and accepted by an authorized representative of each party.
(f) The provisions of this Agreement are severable in that if any provision in the Agreement is determined to be invalid or unenforceable under any controlling body of law that shall not affect the validity or enforceability of the remaining provisions of the Agreement.
(g) All prices are in CA dollars and prices are subject to change without notice. WESTERN shall not be liable for any typographical errors, including errors resulting in improperly quoted prices on the Download Summary screen.
(h) YOU should print out or download a copy of this Agreement and retain it for your records.
(i) YOU consent to the use of the English language in this Agreement.
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