FCS Sheet 11 – Negotiation: Dealing Effectively with Differences

IMPORTANT - PLEASE READ CAREFULLY: This License to use the Measure (“License”) is a legally binding License between you (“You”) and McMaster University (“McMaster”). If you agree to be bound by the terms of this License, click the ‘I Accept’ box at the bottom of this License. If you do not agree to the terms of this License, you are not authorized to use the Measure and must not install, copy, or use the Measure. TERMS OF USE 1. PARTIES This is a License between McMaster and You personally. By agreeing to the terms of this License, You indicate that You agree to be bound by the terms of this License and You represent and warrant that You have the legal authority to enter into this License. 2. PRODUCT This License is for the specific use of the Measure. 3. OWNERSHIP OF THE MEASURE You acknowledge that McMaster owns all right, title and interest in the copyright and all other intellectual property rights to the Measure. McMaster does not grant You any ownership interest in the Measure and only licenses You to use the Measure in accordance with the terms of this License. No rights, title or interest in or to any official mark, trade-mark, service mark, logo or trade name of McMaster is granted to You under this License. 4. AUTHORIZED USES Provided You comply with all the terms and conditions of this License, McMaster grants You a non-exclusive, non-transferable, revocable, license for use of the Measure for Your own research, clinical practice use and non-commercial purposes only (“Permitted Purpose”). 5. AUTHORIZED USERS McMaster licenses the Measure to You for your use by You only. You must not make Measure available to any other person or entity or allow any other person or entity to use the Measure. 6. PROHIBITED USES You must not: 1) Modify, adapt or create any other derivative work of the Measure; 2) sell, sublicense, rent, loan or otherwise distribute copies of the Measure; 3) include the Measure as a component of a commercial product or use the Measure for performing commercial research or other non-personal uses; 4) publicly perform or display the Measure, or any part of the Measure including making the Measure available for download to anyone else on any computer system or network; or 5) remove or obscure any copyright, trade-mark or other proprietary notices contained in or associated with the Measure. 7. DISCLAIMER OF WARRANTIES The Measure has been developed as part of research conducted at McMaster. McMaster is providing you the Measure “as is” with all faults and without warranty of any kind, either express or implied. McMaster expressly disclaims and excludes all warranties and representations expressed or implied, including but not limited to, any implied warranties that the Measure is merchantable, accurate or fit for a particular purpose. McMaster does not warrant that the Measure will meet Your requirements or that the use of the Measure will produce a desired result, or that the Measure will operate uninterrupted, or error free or that any defects in the Measure will be corrected. McMaster does not warrant that the use of the Measure will not infringe any patent, copyright or trade-mark or other rights. 8. ASSUMPTION OF RISK You assume all risk and responsibility for the selection, installation, use, quality, performance and results obtained form the Measure. 9. LIMITATION OF LIABILITY In no event will McMaster be liable to You or any other person or entity, for any costs, claims or damages of any kind, including lost profits, data, business interruption or special, incidental or consequential damages, in any way arising out of or in connection with the Measure, its use or performance or this License, even if McMaster has been advised of the possibility of such damages. 10. INDEMNITY In consideration for the benefit obtained under this License, You will indemnify, defend and hold harmless McMaster, its directors, officers, employees, agents and affiliates from and against any claims, liability, loss, damage, costs or expenses of any kind, (including, but not limited to reasonable legal, expert and consultant fees) causes of action, actions, claims, demands, lawsuits or other proceedings,(collectively, “Claims”) resulting directly or indirectly from your possession and or use of the Measure. 11. THIRD PARTY RIGHTS The Measure may be dependent on programs, operating systems or other intellectual property of third parties which may require third party licenses. Compliance to terms and payment of fees associated with these third party Licenses are the sole responsibility of You and are not included in this License. 12. SUPPORT McMaster will not provide any support or assistance to you in relation to the use and/or installation of the Measure. 13. PUBLICATION Licensee may publish research and other articles based on data obtained using the Measure provided that Licensee does not publish any part of the Measure and that all publications include the following statement: “Use of the [TITLE OF MEASURE], authored by [AUTHOR(S)] was made under license from McMaster University, Hamilton, Canada”. 14. TERM AND TERMINATION This License commences on the date that it is electronically delivered to You and continues in effect unless it is terminated earlier by McMaster. It may be terminated by McMaster immediately without notice if You fail to comply with any of the terms and conditions of this License. Upon termination of this License, Your rights to use terminate and You must immediately stop using the Measure, uninstall and return to McMaster all copies of the Measure and any user documentation in Your possession or control. 15. REPRESENTATION OF AUTHORITY You represent and warrant that you possess the legal authority to enter into this License and that You will be financially responsible for Your use of the Measure You are responsible for supplying any hardware, or software necessary to use the Measure. 16. NO ASSIGNMENT You must not assign, sublicense or otherwise transfer this License or any rights granted by this License without the prior written consent of McMaster and any attempt to do so without the consent of McMaster will be void. 17. FORCE MAJEURE Neither party to this License will be liable for delay or failure to perform their respective obligations this License if such delay or failure arises from any cause beyond the reasonable control of the party (‘Force Majeure’) provided such party gives the other party written notice of the Force Majeure. Force Majeure includes, without limitation: labour disputes, strikes, other labour or industrial disturbances and any act of God, fire, natural disaster, power failures, accidents, act of government, shortages of materials or supplies and failure of contractors to perform. If a party is temporarily excused from performing its obligations under this License because of Force Majeure, it must promptly resume performance when such Force Majeure is cured or removed. 18. COMPLETE LICENSE This License contains the entire agreement between You and McMaster relating to the Measure, and supersedes any prior understandings, arrangements, commitments, communications or agreements, oral or written, between You and McMaster with respect to the Measure. You should print out and/or download a copy of this License and retain it for Your records. McMaster reserves the right to make changes to this License without notice. 19. SEVERABILITY If any provision of this License becomes void, invalid, illegal or unenforceable, the remaining provisions will not be affected and will continue in effect as though the unenforceable provision(s) were deleted. 20. NOTICES All notices or other communications to be given under this Agreement by one party to the other shall be in writing and shall be delivered in one of the following formats: electronically, by prepaid courier, by registered prepaid mail or by hand. Such notices are deemed received after verification of such receipt or seven (7) days, whichever is lesser. Notices to McMaster must be addressed to : McMaster University CanChild 1400 Main Street West IAHS Building, Room 408 Hamilton, ON L8S1C7 Attention: Director, CanChild 21. WAIVER If either party omits or delays to require the other party to punctually fulfill any of its obligations under this License, this omission or delay will not operate as a waiver by that party of its rights under this License. 22. SURVIVAL Clauses 3 (Ownership), 7 (Disclaimer of Warranties), 8 (Assumption of Risk), 9 (Limitation of Liability), 10 (Indemnity), 13 (Acknowledgment of McMaster), and 16 – 24 (General provisions) survive termination of this License. 23. GOVERNING LAW This License will be interpreted in accordance with the laws of the Province of Ontario, and the applicable federal laws of Canada. Any suit, action, or proceeding arising out of or relating to this License must be brought in Hamilton, Ontario and You submit to the exclusive jurisdiction of the Courts of Hamilton, Ontario. Use of the Measure is prohibited in any jurisdiction which does not give effect to the terms of this License. I have read and understood the above License and agree to be bound by the terms and conditions of this License.

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FCS Sheet 11 – Negotiation: Dealing Effectively with Differences

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