END-USER LICENSE AGREEMENT (EULA) FOR THE ACTIVITY PERFORMANCE MEASURE ONLINE RESOURCES.
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH DOWNLOADING OR USING ANY MATERIAL ON THEAPM.NET.
This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Philip Murgatroyd for Philip Murgatroyd’s Activity Performance Measure online resources identified above which may include associated and “online” or electronic documentation, media, printed materials and software components (“OUTCOME MEASUREMENT RESOURCES”). This EULA agreement is exclusively for any software product or other material made available via www.theAPM.net. This agreement does not refer to any other Activity Performance Measure software or material available on any other website or via any channel other than www.theAPM.net.
This EULA is not a licence to use the Activity Performance Measure. It is a licence to use the online resources on www.theAPM.net. The licence to use the Activity Performance Measure is contained in separate terms and conditions.
By downloading, copying, or otherwise using the OUTCOME MEASUREMENT RESOURCES, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the resources between you and Philip Murgatroyd (referred to as “licensor”), and it supersedes any prior proposal, representation, or understanding between the parties.
IF YOU DO NOT AGREE TO THE EULA, DO NOT DOWNLOAD OR USE THE OUTCOME MEASUREMENT RESOURCES.
The OUTCOME MEASUREMENT RESOURCES are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The OUTCOME MEASUREMENT RESOURCES are licensed, not sold.
For the cases of use by commercial entities, for research use and use when results will be published, reported or distributed externally, then further written permission is required from Philip Murgatroyd.
- GRANT OF LICENSE.
The OUTCOME MEASUREMENT RESOURCES are licensed as follows:
(a) Download and Use.
Philip Murgatroyd grants you the right to download and use a copy of the OUTCOME MEASUREMENT RESOURCES.
(b) Backup Copies.
You may also make copies of the OUTCOME MEASUREMENT RESOURCES as may be necessary for backup and archival purposes.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the OUTCOME MEASUREMENT RESOURCES.
You may not distribute copies of the OUTCOME MEASUREMENT RESOURCES to third parties.
(c) Prohibition on Modification of Content, Decompilation or Disassembly.
You may not modify the content of, decompile, or disassemble the OUTCOME MEASUREMENT RESOURCES, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. This includes but is not limited to changing items included in the OUTCOME MEASUREMENT RESOURCES, changing item definitions, changing scoring rules and procedures, changing documentation or using the OUTCOME MEASUREMENT RESOURCES in settings or purposes for which they are not intended. You may not publish the OUTCOME MEASUREMENT RESOURCES for others to copy.
(d) Sale and Rental
You may not sell, rent, lease or lend the OUTCOME MEASUREMENT RESOURCES.
(e) Support Services.
If Philip Murgatroyd chooses to provide you with support services related to the OUTCOME MEASUREMENT RESOURCES (“Support Services”), any supplemental material provided to you as part of the Support Services shall be considered part of the OUTCOME MEASUREMENT RESOURCES and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the OUTCOME MEASUREMENT RESOURCES.
(a) The Licensor may terminate this EULA by giving to the User 30 days’ written notice of termination.
(b) Without prejudice to any other rights, Philip Murgatroyd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the OUTCOME MEASUREMENT RESOURCES in your possession.
All title, including but not limited to copyrights, in and to the OUTCOME MEASUREMENT RESOURCES and any copies thereof are owned by Philip Murgatroyd. All title and intellectual property rights in and to the content which may be accessed through use of the OUTCOME MEASUREMENT RESOURCES is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Philip Murgatroyd.
- NO WARRANTIES
Philip Murgatroyd expressly disclaims any warranty for the OUTCOME MEASUREMENT RESOURCES. The OUTCOME MEASUREMENT RESOURCES are provided AS IS without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Philip Murgatroyd does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the OUTCOME MEASUREMENT RESOURCES. Philip Murgatroyd makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Philip Murgatroyd further expressly disclaims any warranty or representation to Authorized Users or to any third party.
- LIMITATION OF LIABILITY
In no event shall Philip Murgatroyd be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of use of. or inability to use, the OUTCOME MEASUREMENT RESOURCES, even if Philip Murgatroyd has been advised of the possibility of such damages. In no event will Philip Murgatroyd be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Philip Murgatroyd shall have no liability with respect to the content of the OUTCOME MEASUREMENT RESOURCES or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.