MASTERING TURBULENCE USER LICENSE AGREEMENT
This is an Agreement between you, Joseph McCann and John W. Selsky (the Authors). It governs your access to and use of the Mastering Turbulence Assessment Survey and other copyrighted Materials on the www.highar.com website. The Authors reserve all rights not expressly granted herein.
The Materials means all documents provided to you as part of the Mastering Turbulence package, including the Assessment Survey, all Tools & Resources documents, any other versions of the Assessment Survey including translated versions as well as any new translations, and any other written work you download from this website.
By accessing and using these Materials you are agreeing to abide by the terms of this Agreement.
The Authors grant you a non-exclusive license to use the Materials only for Noncommercial Purposes for a period of one year beginning on the date of their first use. Individual use is permitted for Noncommercial Purposes such as personal study, not-for-profit scholarship, unfunded research, or personal reference. You may make photocopies or electronic copies of the Materials as reasonably necessary for authorized noncommercial use of the Materials.
It excludes any use as part of the practice of professional advisory services, consulting and counseling, personnel selection and evaluation processes, company-based and educational-institution based training programs, unless and as agreed by the Mastering Turbulence authors prior to use.
You may not modify, loan, sell, distribute, broadcast, publicly display, or create derivative works from the Materials in any medium without express prior permission of the authors.
The Authors retain ownership of all copyrights and other intellectual property rights in the Material. You may use the Materials only in their complete and unmodified form, including instructions and response format. Proper attribution to the authors and Mastering Turbulence is required in every instance.
You may translate the Mastering Turbulence instrument into another language for use with specific populations or groups, with the understanding that (1) the translation will be as true and close as possible to the original instrument, including item wording, instructions, response format and response option wording; (2) copyright on all translated versions remains with the authors, Joseph McCann and John W. Selsky, and their copyright mark must appear on all translated versions; and (3) a copy of the translated version is provided to the Mastering Turbulence authors prior to use.
Any violation of this Agreement by you or any person acting on your behalf immediately terminates the rights granted to you by this License.
The Authors make no representation and give no warranty, express or implied, with regard to the information contained in or any part of the Materials including (without limitation) the fitness of such information or part for any purpose whatsoever. The Authors accept no liability for loss suffered or incurred by you or others as a result of your use of the Materials.
Choice of Law and Forum
You and the Authors each agree that this Agreement and the relationship between the parties shall be governed by Florida laws without regard to its conflict of law provisions and that any and all claims, causes of action or disputes arising out of or relating to this Agreement, or the relationship between you and the Authors, shall be brought exclusively in the courts or the U.S. District Court. You and the Authors agree to submit to the personal jurisdiction of the courts, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms
The failure of the Authors to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found invalid by a court, the parties nevertheless agree that the court will endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.