Software Licensing Agreement

The following paragraphs constitute the Software Use Agreement (“Agreement”) for this product. For the purposes of this Agreement, “Software” refers to the files contained in the research edition of the Electronic Assessment Activity Plans, developed by Kristie Pretti-Frontczak, Ph.D., Jennifer Grisham-Brown, Ed.D., Rena Hallam, Ph.D., and Tom Ely, M.A. (“Authors”). This Software is shared with you (“User”) as part of field test efforts to refine the Software for publication in the Assessment, Evaluation, and Programming System for Infants and Children (AEPS^®). “AEPS” is a registered trademark of Paul H. Brookes Publishing Co, Inc. (“Brookes Publishing Co.”)

 Please read the Agreement carefully before using the Software. The Agreement gives the User certain benefits, rights, and obligations. The User may be an individual or a single office/agency/program. By accessing or using the Software, you are accepting the terms and conditions of this Agreement between the User, the Authors, and Brookes Publishing Co.  

 License

1.      Brookes Publishing Co. and the Authors license and authorize the User to load the Software on a microcomputer located within the User’s own facilities and use the Software in the course of service provision to children and families, provided that the User has purchased a copy of the Assessment, Evaluation, and Programming System for Infants and Children (AEPS^®), Second Edition, edited by Diane Bricker, Ph.D.

2.      Electronic reproduction of the Software is prohibited. Printed copies may only be made from original Software. The Software may not be posted by the User on the Internet under any circumstances. This license is granted on a limited, non-exclusive, non-transferable basis. Unauthorized use beyond the privileges granted in this Agreement is prosecutable under federal law.

3.      The User agrees to abide by the Copyright Law of the United States of America. The User also agrees that s/he will not prepare derivative works based on the Software. Such action is not permitted under Copyright Law. For example, the Purchaser cannot prepare an alternative hardware version or format based on the Software.

4.      None of the content of this Software may be distributed to generate revenue for any program or individual.

5.      The User agrees to provide the Authors with feedback on the Software to be used for further refinement of the Software and to share masked assessment data with the Authors for the purpose of collecting a study sample to determine efficacy of the Software.

6.      Use of the Software is limited to the field test period and will terminate when commercial Software becomes available through Brookes Publishing Co.

 Ownership

The Software was developed by the Authors and is based on the Assessment, Evaluation, and Programming System for Infants and Children (AEPS^®), which is owned and copyrighted by Brookes Publishing Co. The Agreement confers no title or ownership in the Software and is not a sale or grant of any rights in the Software. Brookes Publishing Co. may protect its rights in the event of any violation of this Agreement.

Limited Warranty

If the User has a problem with the operation of the Software, the User may contact the Authors about securing a replacement. The Authors and Brookes Publishing Co. cannot warrant that the Software will satisfy the User’s requirements that the operation of the Software will be uninterrupted or error-free, or that program defects in the Software can be corrected. Software is distributed “as is” without warranties of any kind either express or implied.

 Termination

The Authors and Brookes Publishing Co. may terminate the User’s license to use this Software for failure to comply with any of the terms of this Agreement. The User’s license automatically terminates when commercial Software becomes available through Brookes Publishing Co. Upon termination, the Purchaser must immediately destroy the Software.

 Miscellaneous

This Agreement does not limit any rights that Brookes Publishing Co. may have under trade secret, copyright, trademark, patent, or other laws. The agents, employees, and distributors are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Brookes Publishing Co. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted, and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Maryland law and applicable federal law.

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