Psychotherapy Training E-Resource (‘PTeR’)

Click-Wrap License Agreement


IMPORTANT - PLEASE READ CAREFULLY: This Click-Wrap License Agreement

This Agreement is a legally binding license agreement between McMaster University and you or the organization you represent.

IMPORTANT: The Psychotherapy Training e-Resources (PTeR) you seek to use is licensed only on the condition that you and your university, hospital, company, employer or business collectively (“Licensee”) agree with McMaster University (“McMaster”) to the terms and conditions set forth below. PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS PTER LICENSE AGREEMENT.

BY CLICKING ON THE “I ACCEPT” BOX AT THE BOTTOM OF THIS AGREEMENT, LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, LICENSEE IS NOT AUTHORIZED TO USE THE PTER.

As used in this Agreement, "PTeR" shall mean the Psychotherapy Training e-Resources developed by Dr. Weerasekera and colleagues at McMaster University. PTeR is an online training program made up of modules that consist of a variety of different resources and an interactive assessment of clinical skills.

TERMS AND CONDITIONS

The parties agree as follows:

  1. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
  1. McMaster owns all right, title and interest in all the Intellectual Property Rights in PTeR. McMaster is the owner of all Intellectual Property Rights (including copyright) of PTeR and all data collected, created or compiled while using PTeR by the Licensee ("User Data"). McMaster does not grant Licensee any ownership interest in PTeR and only licenses Licensee to use PTeR in accordance with the terms of this Agreement. No rights, title or interest in or to any official mark, trade-mark, service mark, logo or trade name of McMaster is granted to Licensee under this Agreement.
  1. McMaster grants Licensee a non-exclusive, non-assignable and non-transferable, revocable license to use PTeR for training and educational purposes, either as an individual Licensee or for use in Licensee’s Psychotherapy Program (the “Permitted Purpose”).
  1. PTeR may only be used by the Licensee for the Permitted Purpose, and the Licensee may not:
    1. sell, sublicense, rent, loan, adapt, modify, translate or otherwise distribute copies of PTeR;
    2. include PTeR as a component of a commercial product (any such use requires McMaster’s prior written consent) or use PTeR for performing commercial research or other non-academic uses;
    3. publicly perform or display PTeR, including making PTeR available for download to anyone else on any computer system or network; and
    4. remove or obscure any copyright, trade-mark or other proprietary notices from PTeR.
  1. Licensee understands and agrees to the collection and use of Licensee's User Data by McMaster in accordance with the McMaster’s privacy policy statement. McMaster reserves the right to change the terms of this privacy policy statement at any time without notice. Licensee’s continued use of PTeR following any changes to the privacy policy statement will constitute your acceptance of such changes.
  1. PTeR has been developed as part of research conducted at McMaster and is experimental in nature. MCMASTER IS PROVIDING LICENSEE WITH PTER “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MCMASTER EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES THAT PTER IS MERCHANTABLE, ACCURATE OR FIT FOR A PARTICULAR PURPOSE. MCMASTER DOES NOT WARRANT THAT PTER WILL MEET LICENSEE’S REQUIREMENTS OR THAT USE OF PTER WILL PRODUCE A DESIRED RESULT, OR THAT PTER WILL OPERATE UNINTERRUPTED, OR ERROR FREE, OR THAT ANY DEFECTS IN PTER WILL BE CORRECTED. MCMASTER DOES NOT WARRANT THAT THE USE OF PTER WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE-MARK OR OTHER RIGHTS.
  1. LICENSEE ASSUMES ALL RISK AND RESPONSIBILITY FOR THE SELECTION, INSTALLATION, USE, QUALITY, PERFORMANCE, AND RESULTS OBTAINED FROM PTER.
  1. In no event shall McMaster be liable for any use by Licensee of PTeR or for any losses, costs, claims, damage or liability of whatsoever kind or nature which may arise from or in connection herewith. Licensee shall indemnify McMaster against any actions for damages, losses, costs and claims arising from any use by the Licensee of PTeR. Where Licensee is prohibited by law to indemnify or hold harmless McMaster, Licensee shall be responsible for any actions for damages, losses, costs and claims arising from any use by the Licensee of PTeR.
  1. Licensee shall have no right to use the names "McMaster"; "McMaster University", "Psychotherapy Training e-Resources" or "PTeR" except as is incidental to the purposes hereof. All such names shall remain the property of McMaster.
  1. PTER MAY BE DEPENDENT ON PROGRAMS, OPERATING SYSTEMS OR OTHER INTELLECTUAL PROPERTY OF THIRD PARTIES WHICH MAY REQUIRE THIRD PARTY LICENCES. COMPLIANCE TO TERMS AND PAYMENT OF FEES ASSOCIATED WITH THESE THIRD PARTY LICENCES ARE THE SOLE RESPONSIBILITY OF LICENSEE AND ARE NOT INCLUDED IN THIS AGREEMENT.
  1. McMaster will not provide any support or assistance to Licensee in relation to PTeR, that is not directly related to any username and/or password assistance (“Login Information”). To receive assistance with respect to Login Information please contact pter@mcmaster.ca.
  1. Licensee recognizes that it has had the opportunity to review PTeR and has determined that its form is acceptable for use by Licensee.
  1. This Agreement commences on the date PTeR is electronically or physically delivered to Licensee and continues in effect until one year from date of purchase. It may be terminated by McMaster immediately without notice if Licensee fails to comply with any of the terms and conditions of this Agreement. Upon termination of this Agreement, Licensee’s rights to use PTeR terminate and Licensee must immediately stop using PTeR.
  1. Licensee represents and warrants that Licensee possesses the legal authority to enter into this Agreement and that Licensee will be responsible for use of PTeR. Licensee is responsible for supplying any hardware or software necessary to use PTeR.
  1. Licensee must not assign, sublicense or otherwise transfer this Agreement or any rights granted by this Agreement without the prior written consent of McMaster and any attempt to do so without the consent of McMaster will be void.
  2. In the event that any provision of this Agreement shall be invalid, illegal or unenforceable, it shall not affect the validity, legitimacy or enforceability of any other provision of this Agreement.
  1. This Agreement contains the entire agreement between Licensee and McMaster relating to PTeR, and supersedes any prior understandings, arrangements, commitments, communications or agreements, oral or written, between Licensee and McMaster with respect to PTeR. McMaster reserves the right to make changes to this Agreement without informing Licensee. Licensee agrees to periodically check the terms of use on the PTeR website to ensure Licensee’s agreement with any new terms and conditions. Licensee should print out or download a copy of this Agreement and retain it for Licensee’s records.
  1. This Agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators, successors, permitted assigns and any legal representatives of the parties hereto.
  1. This Agreement shall be deemed to be made and entered into in the Province of Ontario and shall be governed by and construed under and in accordance with the laws of the Province of Ontario and Canada.
  1. Licensee consents to the use of the English language in this Agreement.