Organizational Assessment Licensing Agreement

Single User Licensing Agreement

You are about to download a document from St. Luke's Episcopal Health Charities' Community Capacity Building Tool Kit or components thereof. ("You or your" is defined as an individual or a single entity.)

You cannot proceed past these terms and conditions of use unless you click on the "Accept" button at the bottom of the agreement. By clicking the ACCEPT button you have agreed to all of the following terms and you will be considered to be an End User:

License Agreement for a Single User
Subject to the terms and conditions set out herein, this license entitles the licensee to use and maintain St. Luke's Episcopal Health Charities Community Capacity Building Tool Kit or components thereof. By downloading any or all of the components of the Tool Kit from the Internet, or if otherwise acquired, by installing any component of the Tool Kit on a computer or server, licensee irrevocably agrees to be bound by the terms and conditions of this license.

The copyright owner of the Tool Kit software ("the Software") and installation and End User instructions (collectively "instructions") is St. Luke's Episcopal Health Charities ("the Charities") of Houston, Texas.

Ownership
You do not own the Software, or the instructions. Under copyright law, the Charities owns the Software and the literary work incorporated in the instructions. Copyright in the Software is protected worldwide under the Berne Convention and the Universal Copyright Convention. The Charities also owns all other title and intellectual property rights in and to the Software and the instructions. All title and intellectual property rights in and to the content, which is not contained in the Software or the instructions but may be accessed through the use of the Software, is the product of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

License
The Charities hereby grants you the non-exclusive right to use the Software and the instructions for your use as long as you comply with the terms of this license. ("You or your" is defined as an individual or a single entity.)

Single User
You agree to install and use the Software on one computer or server only, so that at any time, the maximum number of computers that can be executing the Software is one. You agree to strictly follow all instructions when installing the Software. You agree to register your acquired copy of the Software, if called upon by a screen display to do so, and you agree to strictly follow the installation instructions in relation to registration and payment.

You Agree:
(a) Not to use the Software on more than one terminal or workstation of any network of computers or any Multi-user system. The maximum number of computers that can be executing the Software at any one time is one. You agree that each time you completely re-install MS Windows, you will need to re-register and not to use the Software on any time-sharing or interactive cable system. You may allow another person to use the Software on your computer, provided that person agrees to all of the terms of this license.
(b) No modification. Neither the Software, nor the instructions may be modified, adapted, translated, rented, leased, loaned, sold, distributed or networked. You may not create derivative works of the Software nor the data in it. You agree to take all reasonable steps to safeguard the Software, the data in it and the instructions, and to ensure that no one else shall have unauthorized assess to them.
(c) Any unauthorized act or transfer of the Software is a serious crime, and may be punishable by fine, jail sentence or both. You may not reverse engineer, decompile or disassemble the Software.

Termination of License
This license is effective from the day you install the Software, until terminated. You may terminate this license at any time. Notwithstanding anything to the contrary herein, the license rights granted herein are subject to your registering and paying (if required) for the Software. This license is granted in perpetuity, but may be terminated if you are in breach of any of the terms of this agreement or become the subject of insolvency proceedings, or where you are a partnership, the partnership is dissolved. Upon termination, you will destroy all hard and soft copies of the instructions and all copies of the Software. All provisions of this Agreement, which operate to protect the rights and interests of the Charities, shall continue after termination.

Limited Warranty
The Charities does not warrant that the Software is virus free, nor does it warrant that the Software will perform substantially in accordance with the description as set out in the instructions.

THE FORGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND MERCHANTABILITY.

Limitation of Liability
The Charities is not liable for any indirect or consequential or special damages or for loss of profits or revenue or business interruption arising out of the breach of the terms of this license, arising out of the use of the Software or defective Software.

If any law implies terms into this agreement, which cannot be excluded, then they apply, except the liability of the Charities for breach of such implied term would be limited at the exclusive option of the Charities to the replacement of the Tool Kit Software. Except as specifically provided above, the Charities makes no warranty either express or implied with the respect to the Software, or the installation instructions.

Independent Judgment
You acknowledge that you have exercised your independent judgment in acquiring the Software and have not relied on any representation not stated expressly herein.
This Agreement is governed by both the substantive and procedural laws of Texas, U.S.A., excluding its conflict of law rules and the U.N. Convention for the International Sale of Goods (CISG). All rights not specifically granted are reserved to the Charities.

LEGAL NOTICE
The copyrights in all text, images, screens, data, and other materials provided on this Web site (collectively, the "Materials") are owned by St. Luke's Episcopal Health Charities (the Charities) and/or by third parties. None of the Materials may be copied, reproduced, distributed, downloaded, displayed, or transmitted in any form or by any means without the prior written permission of the copyright owner. Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.

Some links within the Site may lead to other Web sites, including those operated and maintained by third parties. The Charities includes these links solely as a convenience to you, and the presence of such a link does not imply an endorsement of the linked site, its operator, or its contents. The Site does not incorporate any materials appearing in such linked sites by reference.

THIS SITE AND ITS CONTENTS (INCLUDING THE MATERIALS) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.