Behavior Data Systems User Agreement: Key Terms Explained

BEHAVIOR DATA SYSTEMS, LTD. CLIENT OR USER AGREEMENT ORGANIZATION NAME: _____________________________________________________ CONTACT PERSON:___________________________ TITLE: ______________________ ADDRESS: Street Address City State Zip TELEPHONE: ( _____ )_____________________ FAX: ( _____ )_________________________ EMAIL: WEBSITE:_____________________________ TERMS AND CONDITIONS OF USE 1. It is specifically acknowledged that all Behavior Data Systems, Ltd. (BDS) products, including tests, diskettes and software programs are copyrighted and ALL RIGHTS ARE RESERVED. 2. BDS software programs contained on BDS diskettes are copyrighted and must not be copied or loaded on a hard drive or mainframe computer equipment without written permission from BDS. 3. BDS diskettes shall remain the property of BDS and shall be returned to BDS when used, damaged or recalled. 4. Damaged diskettes or malfunctioning diskettes shall be replaced within a 30 day warranty period and unused test applications shall be credited to the client account. Unused test credits are valid for one year. No other warranties are expressed or implied. 5. The test unit fee of $_________ U.S. currency per-test application applies throughout the duration of this agreement. Payment shall be made directly to BDS within 30 days of receipt of ordered materials, unless other arrangements have been made. 6. All BDS tests are to be used in conjunction with an interview of the respondent by experienced staff. And, no decision or diagnosis is to be made solely on the basis of BDS tests results. 7. This BDS agreement is non-transferable and cannot be transferred to any third party. 8. In no event will BDS, its owners or officers be liable for direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the Responsible Party’s use or failure to use BDS products, beyond replacement of defective, damaged or recalled diskettes. My signature certifies my understanding, agreement and compliance with the terms and conditions of this agreement. By signing this agreement, I acknowledge that I have read and understand the provisions contained herein, and that I agree to be bound thereby. BDS diskettes are to be returned when used or after they have been on-site for one year. This is because BDS assessment instruments are updated annually. Signature Date Date Received by BDS A properly signed and executed agreement is necessary to use BDS products and tests. Behavior Data Systems, Ltd. P.O. Box 44256, Phoenix, Arizona 85064-4256