NON EXCLUSIVE COPYRIGHT LICENSE AGREEMENT

Definitions

1. Licensor:  Oregon Health & Science University (OHSU), 2525 SW First Ave, Suite 120, Portland, OR 97201 techmgmt@ohsu.edu, 503-494-8200.


2.  “Work” “Instruction Manual for the Jolene personal music system sound level measurement device” OHSU Technology #1234 and #1235. A PDF version of the manual may be downloaded when once the “Accept and download” button is clicked and survey is complete.

Terms

1. Grant of License:  Subject to the terms and conditions of this license, Licensor grants to Licensee a non-exclusive, non-sub licensable, non-transferable license to use the Work provided herein and any associated documentation.  Licensor is not obligated to provide upgrades to the Work or technical support.


2. Ownership of Work:  This License gives the Licensee limited use of the Work.   This License is not a sale of the Work and Licensor retains all title to all rights and interests in the Work.  The Work is protected by U.S. Copyright laws, international treaty provisions and applicable laws of the country in which it is being used.


3. Permitted Uses:  Licensee may use the Work for non-commercial, hearing education purposes only and to:


1. Use and reproduce all or portions of the Work as reasonably necessary for licensed use.
2. Distribute the Work as necessary for educational purposes.
3. Display the copyrighted Work publicly.


4. Copyright Notice: Licensee agrees to include the statement “Copyright Oregon Health & Science University 2007. Do not reproduce or distribute without permission of Oregon Health & Science University”.


5. Non-permitted Uses:  a) Licensee may not rent, lease, lend, sell, transmit or otherwise distribute the Work temporarily or permanently without written consent of Licensor, b) Licensee may not include the Work or any part of the Work in hearing education systems for commercial sale c) Licensee may not remove, modify, alter or obscure the copyright notices or any other proprietary notices contained in or on the Work.


6. Governing Law: The construction, validity, performance, and effect of the Agreement shall be governed by the laws of the State of Oregon.


7. Term and Termination:  This License shall commence on the date of delivery of the Work to Licensee and shall terminate automatically upon breach of this License by Licensee. Upon termination, Licensee shall discontinue all use of Work and return to OHSU or destroy original within 30 days of termination.


8. Licensor warrants that it has the lawful right to grant the license set forth in this Agreement.


9. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6, THE PARTIES ACKNOWLEDGE AND AGREE THAT Licensor, its Trustees, Directors, Officers, Employees, and Affiliates make no representations and extend no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement and the absence of latent or other defects, whether or not discoverable.  Nothing in the License Agreement shall be construed as a representation made or warranty given by Licensor that the practice by Licensee of the license granted hereunder shall not infringe the patent rights or copyright rights of any third party.  In no event shall Licensor, its Trustees, Directors, Officers, Employees and Affiliates be liable for incidental or consequential damages of any kind, including economic damage or injury to property and lost profits, regardless of whether Licensor shall be advised, shall have other reason to know, or in fact shall know of the possibility.  LICENSEE ASSUMES THE ENTIRE RISK ASSOCIATED WITH LICENSEE’S USE OF THE WORK.


10. This License is a complete and exclusive statement of the terms and conditions of the agreement between Licensee and Licensor. 

FOR LICENSEE (must complete before download can proceed.)