Last modified: April 1, 2018
Last modified: April 1, 2018
By using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Percept Research and are not barred under any applicable laws from doing so. The Services and fees we charge for the Services may change over time. We may stop, suspend or modify the Services at any time at our discretion and without prior notice to you.
By accessing a Survey, you have agreed to pay the purchase price set by us for the license to access that specific Survey. Percept Research offers multiple templates or versions for each fielding year of each Survey, and we can also customize a Survey. If you desire to use a different Survey or to customize a Survey, you must purchase a separate license for such Survey from Percept Research or pay us the applicable fees for customization according to our pricing schedule. We reserve the right to suspend or refuse to field a Survey or deliver data, reports or other deliverables to you if you are not current (have not paid) on any outstanding amounts owed to Percept Research.
Although we make reasonable efforts to make each Survey compatible with your or your Participants’ computers or electronic devices, and we will assist Participants with gaining access as part of the Services, Percept Research makes no, and disclaims any, warranty or representation, express or implied, that the Survey will be compatible with or work with every computer or electronic device, and makes no, and disclaims all, express or implied warranties of merchantability and fitness for a particular purpose.
By accessing the Survey, you agree to the preceding and following terms and conditions:
1. USE RIGHTS. Subject to these Terms and any other agreement between you and Percept Research, you will be granted non-exclusive access to the Survey. You do not acquire any intellectual or other property rights in the Survey or any associated software, systems, documentation or other materials. All such rights and interests are the exclusive property of Percept Research and/or its licensor. These Terms apply also to any updates, supplements, or support services for the Survey, unless other terms accompany those items. If so, those other terms apply. The license granted to you herein does not allow you to sell, distribute or commercially exploit the Survey, nor does it allow you to reuse any portion of or all of any Survey, whether during the same or a later fielding year.
2. INTELLECTUAL PROPERTY RIGHTS. You acknowledge and agree that the Survey (along with any instructions, manuals, coding algorithms and other technical information) belongs to Percept Research and is copyrighted, confidential, and proprietary to Percept Research, and access is granted to you only for use by you and your students, subjects, and Survey participants (collectively your “Participants”). The Survey is not for public release. You agree to not distribute, transmit, sell, assign or make available the Survey, or any part thereof, to any other person or entity except only to you and your Participants, and then only during the fielding year you have paid for. You agree that the Survey constitutes confidential information of, and is a valuable trade secret of, Percept Research and will not be disclosed by you to any third party (except to the extent required by law) and will be safeguarded by you with not less than the same degree of care exercised by you to protect your own trade secrets. You shall not remove or alter any copyright or proprietary notices included in or with the Survey. You agree to not use any of the Survey or format thereof or concepts therein, or any of the code or processes thereof, including any reverse engineering of the Survey, to create a different or similar questionnaire, survey, product or service.
3. ACCEPTABLE USE AND ACCESS. The Survey may not be used by you for more than one year and may not be used for any purpose other than to gather and organize the data sought through the Survey. You will immediately notify Percept Research if you believe access to or use of the Survey or any portion thereof has been or is being used by you or somebody else in violation of these Terms.
4. NO REDISTRIBUTION. Except for the data gathered during a Survey and the reports that we produce for you, which will remain your property and which you may use as you see fit, you may not redistribute any material (electronic, paper, or otherwise) that is part of the Survey, and you will not allow any use of the Survey that will infringe upon the copyright or other proprietary right of Percept Research. You may not use the Survey or any portion thereof to create a different or similar product, whether or not it competes or interferes with the business of Percept Research with respect to the use of the Survey.
5. TERM AND TERMINATION.
6. PRIVACY. Percept Research will not, for any competitive purpose, make use of any of your or your Participants’ information captured by the Survey. Percept Research makes no representation as to whether any federal, state or local laws may regulate your use of the Survey or require you to obtain consent from any person (or, in the case of minors, the parent or guardian of such person) for your use of information acquired from the Survey. You agree to abide by all of the terms of our Data Confidentiality and Usage Policy.
7. ACCESS AND USE. Percept Research will make reasonable efforts to make each Survey compatible with most hardware and operating platforms, and as part of the Services we will assist you from time to time regarding hardware and software compatibility with the Survey, however PERCEPT RESEARCH SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR DETERMINING THE COMPATIBILITY OF ANY HARDWARE OR SOFTWARE NOT SUPPLIED BY PERCEPT RESEARCH WITH THE SURVEY AND PROVIDES NO WARRANTY WITH RESPECT TO THE OPERATION OF SUCH HARDWARE OR SOFTWARE WITH THE SURVEY.
8. LIMITED WARRANTY AND DISCLAIMER OF WARRANTY. Percept Research warrants that it has all rights necessary to enter into these Terms and to provide access to the Survey. EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, THE SURVEY IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE WARRANTIES IN THESE TERMS ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PERCEPT RESEARCH DOES NOT WARRANT THAT THE SURVEY WILL BE ERROR-FREE OR WILL BE AVAILABLE FOR USE AT ALL TIMES. PERCEPT RESEARCH MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, CORRECTNESS, RELIABILITY, CURRENCY OR COMPLETENESS OF THE INFORMATION REQUESTED FROM YOU OR YOUR SUBJECTS IN THE SURVEY OR THE RESULTS OF YOUR USE OF THE SURVEY OR THE INFORMATION OBTAINED FROM THE SURVEY, EVEN IF ASSISTED BY PERCEPT RESEARCH.
9. LIMITATION OF LIABILITY. THE MAXIMUM LIABILITY OF PERCEPT RESEARCH ARISING OUT OF ANY CLAIM RELATED TO THE SURVEY WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO PERCEPT RESEARCH FOR ACCESS TO THE SURVEY. IN NO EVENT SHALL PERCEPT RESEARCH BE LIABLE TO YOU FOR ANY LOST PROFITS OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE SURVEY, ANY INFORMATION OBTAINED THEREFROM OR FROM PERCEPT RESEARCH’S FAILURE TO PERFORM ITS OBLIGATIONS UNDER THESE TERMS, REGARDLESS OF WHETHER PERCEPT RESEARCH IS DEEMED NEGLIGENT, EVEN IF IT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. DISPUTE RESOLUTION.