By purchasing CTK products or installing, accessing or using any CTK services, you represent that you have the authority to enter into these terms. If you do so on behalf of a legal entity, you represent and warrant that you have the authority to accept these terms on behalf of that legal entity.

These terms govern your use of any service offerings or features provided by CTK, including free services, the CTK website, any CTK products and services, any CTK downloadable client software which is provided solely for the purpose of accessing the services and any updates and written documentation. Your continued use of these services following modification to the services or these terms constitutes your agreement to be bound by the modified terms. To stay informed of any changes, please review the most current version of these terms. If you do not agree to be bound by these Terms, you may not use the services. 

 

Payment, Taxes and Refund Policy 

CTK accepts these forms of payment for online transactions:  Visa, MasterCard, American Express and Discover credit cards (both United States and international) and Visa, MasterCard and Discover branded debit cards (both United States and international).  For offline transactions CTK accepts these forms of payment: Visa, MasterCard, American Express and Discover credit cards (both United States and international), Visa, MasterCard and Discover branded debit cards (both United States and international) and physical checks. If a credit card is being used for a transaction, CTK may obtain preapproval for an amount up to the amount of the order.  Billing occurs at the time of or shortly after your transaction.  You may not split your purchase across multiple forms of payment.
 
You agree that you will pay for all products you purchase through CTK, and that CTK may charge your credit card or debit card for any products purchased and for any additional amounts (including any taxes and fees, as applicable) that may be accrued or in connection with your account.  You are responsible for the timely payment of all fees and for providing CTK with a valid credit card or debit card for payment of all fees.  All fees will be billed to the credit card or debit card you designate during the checkout process.  

It is a violation of law for you to misuse or fraudulently use credit and debit cards. CTK will report all misuse and fraudulent use to government authorities, credit reporting services, financial institutions and credit card companies.
 
Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to-address and the sales tax rate in effect at the time you purchase the product.  We will charge tax only in states where digital goods are taxable.  
 
CTK provides high quality competency-based content, services and tools and we pride ourselves on long-term client satisfaction.  If you are not satisfied with your purchase, contact us within 7 days stating the cause of your dissatisfaction.  If you do not contact CTK within 7 days of the purchase date and time of your order, your purchase is considered final.  If you do contact CTK within 7 days and we are not able to rectify the problem, we will make a mutually agreeable substitution or return your purchase price in return for cancellation of your license to use the product
 
Prices for products offered by CTK may change at any time, and CTK does not provide price protection or refunds in the event of a price reduction or promotional offering.
 
If a product becomes unavailable following a transaction but prior to download, or technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by CTK.

 

Electronic Contracting 

Your use of CTK includes the ability to enter into agreements and/or to make transactions electronically.  You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions.  Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into CTK, including notices of cancellation, policies, contracts and applications.  In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.


Before purchasing, you should validate with an IO psychologist in your organization.


CTK is not liable for any damages due to content or typographical errors.

 

Use of CTK Services & Products 

Users are responsible for customizing CTK products as necessary to ensure they are job relevant, appropriate for their organization, and are in compliance with all legal requirements in their jurisdiction.  CTK holds no responsibility for this. 

 

Requirements for Use of CTK

Use of CTK products may require compatible devices, Internet access and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors.  High-speed internet access is strongly recommended for regular use.  The latest version of required software is recommended to access the CTK service and may be required for certain transactions or features and to download CTK products previously purchased from the CTK service.  You agree that meeting these requirements, which may change from time to time, is your responsibility.  The CTK service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the CTK service.

 

Your Account

As a registered user of the CTK Service, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify CTK of any security breach of your Account. CTK shall not be responsible for any losses arising out of the unauthorized use of your Account.
 
Once you have authenticated your Account, you will be able to purchase and download CTK products.  The amount of time you can be inactive on the CTK site without having to re-authenticate is based on your browser settings.

You agree to provide accurate and complete information when you register with, and as you use, CTK and you agree to update your CTK registration data to keep it accurate and complete. You agree that CTK may store and use the CTK registration data you provide for use in maintaining and billing fees to your Account.  

 

Downloading Previous Purchases  

As an accommodation to you, subsequent to purchasing CTK products, you may download the  previously-purchased CTK Products. Some CTK Products that you previously purchased may not be available for subsequent download at any given time, and CTK shall have no liability to you in such event. As you may not be able to subsequently download certain previously-purchased CTK products, once you download a CTK product, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.
 
Downloading previous purchases is subject to the following terms:
•  You may download purchased CTK products a maximum of 5 times (including the initial download following purchase)
•  You may download purchased CTK products to a maximum of 3 devices

If you exceed either of these maximums and would like to download your product, please contact CTK.  
 
Some CTK products may be large, and significant data charges may result from delivery of such CTK product over a data connection.   CTK is not responsible for these data charges. 

 

Content Copyright  

CTK respects the intellectual property rights of others, and we ask our users to do the same. CTK may, in its sole discretion, terminate the accounts of users who violate others’ intellectual property rights.

If you believe that your work has been copied in a way that constitutes infringement on CTK’s web site, please contact CTK and provide the following information:

•  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
•  a description of the copyrighted work that you claim has been infringed;
•  a description of where the material that you claim is infringing is located on the site;
•  your address, telephone number, and email address;
•  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
•  a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The products contributed by CTK are owned by and copyrighted by CTK and other parties and may contain trademarks of CTK or others. They are protected by U.S. and international copyright and trade-mark laws and conventions.

CTK grants users the license to use its products solely for their own internal organization purposes pursuant to the terms of this agreement. The user may not forward products or individual articles contained in the products to individuals that are not employees of their organization, including contractors, customers, or subscribers.

CTK grants you the right to make modifications, additions or deletions, and translations to tailor the content to your specific organization needs. However, you may not sell, distribute, or commercially exploit CTK content or incorporate CTK products into other products for resale.  You may not remove CTK identifying information (e.g., CTK, Competency Toolkit, our logos, copyrights, trademarks, or other notices). You may put CTK products online using company intranets, talent management (TMS), learning management (LMS), applicant tracking (ATS) or human resource information (HRIS) systems. You may make hardcopies of the content, up to the limits of the product license you purchase. You may only provide access, whether in online systems or hardcopies, for those users who are covered by the paid license.  Any other distribution is forbidden and without written consent from CTK. 

Any other reproduction of CTk products in any form or by any means is forbidden without CTK written permission, and without limiting the generality of the foregoing, the user will not:
•  Record and re-transmit the product over any network (including any local area network) unless otherwise stated above;
•  Use any product in any timesharing, service bureau, bulletin board or similar arrangement or public display;
•  Post any product to any other online service (including bulletin boards or the Internet);
•  Sublicense, lease, sell, offer for sale or assign the product; or
•  Use CTK's name or any excerpts from the products in the promotion of its products or services. 

 

Content Submission

CTK offers interactive features that allow you to submit materials accessible and viewable by other users of CTK and the public.  You agree that any use by you of such features, including any materials submitted by you, shall not infringe or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you own or have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials. You hereby grant CTK a worldwide, royalty-free, nonexclusive license to use such materials as part of CTK without any compensation or obligation due to you unless otherwise noted in the CTK consignment agreement (see below). 

CTK reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. CTK has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the CTK, to investigate any reported or apparent violation of this Agreement, and to take any action that CTK in its sole discretion deems appropriate, including, without limitation, termination under CTK's copyright policy.

Per CTK's consignment agreement:

  • CTK reviews submitted products for applicability and value to our clients and reserves the right to accept or reject products at our discretion.
  • You set the price for your products. We will not sell them for a different price without your permission.
  • Any products sold for a fee are sold on a consignment basis.
  • You retain ownership and title to all your products.
  • CTK will receive a 50% commission on the listed price of any of your products for which CTK sells. At the end of each month that CTK sells any of your products, CTK will process a payment for you of the monies received for your products minus CTK’s commission.  Monies received for product sales that have not extended past the CTK product return window (7 days) will be paid out the following month.
  • The consignment period begins immediately after we send you an acceptance of your material. The consignment period ends the last day of the calendar month, but the term extends automatically from month to month until you or we terminate the agreement.
  • At any time, you may request that CTK no longer sell some or all of your products with 15 days advance notice.
  • At any time, CTK may remove some or all of your products from our web store at our discretion.
  • You or CTK may terminate this agreement at any time, for any reason. Termination shall be effective when either you or CTK provides notice. Your products will be removed from the CTK web store within 15 days of receiving the termination notice.
  • CTK shall not offer any warranties on the sale of any product, except to the extent a warranty is required by law and cannot be disclaimed.
  • You warrant to CTK that you have good and marketable title to the products you contribute, none of which are subject to any liens or other encumbrances, and further warrant to CTK that the products consigned pursuant to this agreement are not in violation of any trademark, copyright, or other proprietary right of any third party, state or federal law, or administrative regulation.
  • You agree to indemnify and hold harmless CTK from all damages, suits, litigation, awards, and costs, including but not limited to attorneys’ fees, that may arise out of the display or sale of the products for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation.

Third Party Materials  

Certain content and services available via CTK may include materials from third parties. CTK may provide links to third-party websites as a convenience to you. You agree that CTK is not responsible for examining or evaluating the content or accuracy and CTK does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that CTK is not in any way responsible for any such use by you.  

 

Objectionable Material

You understand that by using CTK, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use CTK at your sole risk and CTK shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.  CTK product types and descriptions are provided for convenience, and you agree that CTK does not guarantee their accuracy.  

 

Intellectual Property

You agree that the CTK, including but not limited to CTK Products, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement CTK, contain proprietary information and material that is owned by CTK, and is protected by applicable intellectual property and other laws, including but not limited to copyright.

You agree that you will not use CTK's products or materials in any way whatsoever except for their use in compliance with this Agreement. No portion of CTK may be reproduced in any form or by any means, except as expressly permitted in these terms.

CTK hereby grants you a limited, revocable (as set forth in this Agreement), non-transferable, non-exclusive, worldwide license to use the applicable CTK products which you have ordered, downloaded or registered for online.  All rights not expressly granted to you are reserved by CTK.  Except as expressly permitted by CTK, you shall not: (i) sublicense, resell, rent, lease, loan, sell, transfer, assign, distribute or otherwise commercially exploit the CTK products or any part thereof in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity; or (ii) modify or make derivative or compilation works based on CTK products or website content.
 
Notwithstanding any other provision of this Agreement, CTK reserves the right to change, suspend, remove, or disable access to any CTK product, content, or other materials at any time without notice. In no event will CTK be liable for making these changes. CTK may also impose limits on the use of or access to certain features or portions of CTK, in any case and without notice or liability.
 
All copyrights in and to CTK (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by CTK, who reserve all their rights in law and equity. The use CTK products or any part of CTK, except for use of CTK as permitted in this agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.  
 
CTK, the CTK logo and other CTK trademarks, service marks, graphics, and logos used in connection with CTK are trademarks or registered trademarks of CTK LLC in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with CTK may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.  

 

Termination  

If you fail, or CTK suspects that you have failed, to comply with any of the provisions of this Agreement, CTK, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the CTK (or any part thereof).

CTK reserves the right to modify, suspend, or discontinue CTK (or any part or content thereof) at any time with or without notice to you, and CTK will not be liable to you or to any third party should it exercise such rights.  

 

Disclaimer of Warranties; Liability Limitations  

CTK does not guarantee, represent, or warrant that your use of CTK will be uninterrupted or error-free, and you agree that from time to time CTK may remove products or features for indefinite periods of time, or cancel the services at any time, without notice to you.  You expressly agree that your use of, or inability to use, CTK is at your sole risk.  CTK and all products are provided "as is" and "as available" for our use, without warranties of any kind, either express of implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.  
 
In no case shall CTK, its directors, officers, employees, affiliates, agents, contracts, principals, or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of any of CTK, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via CTK, even if advised of their possibility.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such state or jurisdictions, CTK's liability shall be limited to the extent permitted by law.  
 
CTK shall use reasonable efforts to protect information submitted by you in connection with CTK services, but you agree that your submission of such information is at your sole risk, and CTK hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.  
 
CTK does not represent or guarantee the CTK will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and CTK disclaims any liability relating thereto.  Some products can only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason.  You shall be responsible for backing up your own system, including any CTK products purchased.     

Waiver and Indemnity  

By using CTK services, you agree, to the extent permitted by law, to indemnify and hold CTK, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of CTK services or any action taken by CTK as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred.  This means that you cannot sue or recover any damages from CTK, its directors, officers, employees, affiliates, agents, contractors and licensors as a result of it decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to CTK services, or to take any other action during the investigation of a suspected violation or as a result of CTK's conclusion that a violation of this agreement has occurred.  This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.  

 

Changes  

CTK reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of CTK. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of CTK will be deemed acceptance thereof.  

 

Miscellaneous  

This Agreement constitutes the entire agreement between you and CTK and governs your use of the CTK Service, superseding any prior agreements between you and CTK. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. CTK's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. CTK will not be responsible for failures to fulfill any obligations due to causes beyond its control.

CTK is operated by CTK from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of CTK. All transactions on CTK are governed by Wisconsin law, without giving effect to its conflict of law provisions. Your use of the CTK Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with CTK or relating in any way to your use of the CTK Service resides in the courts in the State of Wisconsin. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Wisconsin upon electronic transmission to the recipient. No CTK employee or agent has the authority to vary this Agreement.

CTK may notify you with respect to the CTK Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the CTK Service. Notices shall become effective immediately.

CTK reserves the right to take steps CTK believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that CTK has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as CTK believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to CTK's right to cooperate with any legal process relating to your use of the CTK Service, and/or a third-party claim that your use of the CTK Service is unlawful and/or infringes such third party's rights).

Creative Commons Attribution-Non-Commercial 4.0 International Public License

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

Section 1 – Definitions

  1. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
  2. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
  3. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
  4. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
  5. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
  6. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
  7. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
  8. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
  9. NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation in connection with the exchange.
  10. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  11. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
  12. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.

Section 2 – Scope

  1. License grant.
    1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
      1. reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and
      2. produce, reproduce, and Share Adapted Material for NonCommercial purposes only.
    2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
    3. Term. The term of this Public License is specified in Section 6(a).
    4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
    5. Downstream recipients.
      1. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
      2. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
    6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
  2. Other rights.
    1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
    2. Patent and trademark rights are not licensed under this Public License.
    3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes.

Section 3 – License Conditions

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  1. Attribution.
    1. If You Share the Licensed Material (including in modified form), You must:
      1. retain the following if it is supplied by the Licensor with the Licensed Material:
        1. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
        2. a copyright notice;
        3. a notice that refers to this Public License;
        4. a notice that refers to the disclaimer of warranties;
        5. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
      3. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
    2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
    3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
    4. If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License.

Section 4 – Sui Generis Database Rights

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

  1. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for NonCommercial purposes only;
  2. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
  3. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

Section 5 – Disclaimer of Warranties and Limitation of Liability.

  1. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
  2. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
  3. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Section 6 – Term and Termination.

  1. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
  2. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
    1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
    2. upon express reinstatement by the Licensor.

For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.

  1. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
  2. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.

Section 7 – Other Terms and Conditions.

  1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
  2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.

Section 8 – Interpretation.

  1. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
  2. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
  3. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
  4. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.

 

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Terms & Conditions

By purchasing CTK products or installing, accessing or using any CTK services, you represent that you have the authority to enter into these terms. If you do so on behalf of a legal entity, you represent and warrant that you have the authority to accept these terms on behalf of that legal entity.

These terms govern your use of any service offerings or features provided by CTK, including free services, the CTK website, any CTK products and services, any CTK downloadable client software which is provided solely for the purpose of accessing the services and any updates and written documentation. Your continued use of these services following modification to the services or these terms constitutes your agreement to be bound by the modified terms. To stay informed of any changes, please review the most current version of these terms. If you do not agree to be bound by these Terms, you may not use the services. 

 

Payment, Taxes and Refund Policy 

CTK accepts these forms of payment for online transactions:  Visa, MasterCard, American Express and Discover credit cards (both United States and international) and Visa, MasterCard and Discover branded debit cards (both United States and international).  For offline transactions CTK accepts these forms of payment: Visa, MasterCard, American Express and Discover credit cards (both United States and international), Visa, MasterCard and Discover branded debit cards (both United States and international) and physical checks. If a credit card is being used for a transaction, CTK may obtain preapproval for an amount up to the amount of the order.  Billing occurs at the time of or shortly after your transaction.  You may not split your purchase across multiple forms of payment.
 
You agree that you will pay for all products you purchase through CTK, and that CTK may charge your credit card or debit card for any products purchased and for any additional amounts (including any taxes and fees, as applicable) that may be accrued or in connection with your account.  You are responsible for the timely payment of all fees and for providing CTK with a valid credit card or debit card for payment of all fees.  All fees will be billed to the credit card or debit card you designate during the checkout process.  

It is a violation of law for you to misuse or fraudulently use credit and debit cards. CTK will report all misuse and fraudulent use to government authorities, credit reporting services, financial institutions and credit card companies.
 
Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to-address and the sales tax rate in effect at the time you purchase the product.  We will charge tax only in states where digital goods are taxable.  
 
CTK provides high quality competency-based content, services and tools and we pride ourselves on long-term client satisfaction.  If you are not satisfied with your purchase, contact us within 7 days stating the cause of your dissatisfaction.  If you do not contact CTK within 7 days of the purchase date and time of your order, your purchase is considered final.  If you do contact CTK within 7 days and we are not able to rectify the problem, we will make a mutually agreeable substitution or return your purchase price in return for cancellation of your license to use the product
 
Prices for products offered by CTK may change at any time, and CTK does not provide price protection or refunds in the event of a price reduction or promotional offering.
 
If a product becomes unavailable following a transaction but prior to download, or technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by CTK.

 

Electronic Contracting 

Your use of CTK includes the ability to enter into agreements and/or to make transactions electronically.  You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions.  Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into CTK, including notices of cancellation, policies, contracts and applications.  In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.


Before purchasing, you should validate with an IO psychologist in your organization.


CTK is not liable for any damages due to content or typographical errors.

 

Use of CTK Services & Products 

Users are responsible for customizing CTK products as necessary to ensure they are job relevant, appropriate for their organization, and are in compliance with all legal requirements in their jurisdiction.  CTK holds no responsibility for this. 

 

Requirements for Use of CTK

Use of CTK products may require compatible devices, Internet access and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors.  High-speed internet access is strongly recommended for regular use.  The latest version of required software is recommended to access the CTK service and may be required for certain transactions or features and to download CTK products previously purchased from the CTK service.  You agree that meeting these requirements, which may change from time to time, is your responsibility.  The CTK service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the CTK service.

 

Your Account

As a registered user of the CTK Service, you may establish an account ("Account"). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify CTK of any security breach of your Account. CTK shall not be responsible for any losses arising out of the unauthorized use of your Account.
 
Once you have authenticated your Account, you will be able to purchase and download CTK products.  The amount of time you can be inactive on the CTK site without having to re-authenticate is based on your browser settings.

You agree to provide accurate and complete information when you register with, and as you use, CTK and you agree to update your CTK registration data to keep it accurate and complete. You agree that CTK may store and use the CTK registration data you provide for use in maintaining and billing fees to your Account.  

 

Downloading Previous Purchases  

As an accommodation to you, subsequent to purchasing CTK products, you may download the  previously-purchased CTK Products. Some CTK Products that you previously purchased may not be available for subsequent download at any given time, and CTK shall have no liability to you in such event. As you may not be able to subsequently download certain previously-purchased CTK products, once you download a CTK product, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.
 
Downloading previous purchases is subject to the following terms:
•  You may download purchased CTK products a maximum of 5 times (including the initial download following purchase)
•  You may download purchased CTK products to a maximum of 3 devices

If you exceed either of these maximums and would like to download your product, please contact CTK.  
 
Some CTK products may be large, and significant data charges may result from delivery of such CTK product over a data connection.   CTK is not responsible for these data charges. 

 

Content Copyright  

CTK respects the intellectual property rights of others, and we ask our users to do the same. CTK may, in its sole discretion, terminate the accounts of users who violate others’ intellectual property rights.

If you believe that your work has been copied in a way that constitutes infringement on CTK’s web site, please contact CTK and provide the following information:

•  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
•  a description of the copyrighted work that you claim has been infringed;
•  a description of where the material that you claim is infringing is located on the site;
•  your address, telephone number, and email address;
•  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
•  a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The products contributed by CTK are owned by and copyrighted by CTK and other parties and may contain trademarks of CTK or others. They are protected by U.S. and international copyright and trade-mark laws and conventions.

CTK grants users the license to use its products solely for their own internal organization purposes pursuant to the terms of this agreement. The user may not forward products or individual articles contained in the products to individuals that are not employees of their organization, including contractors, customers, or subscribers.

CTK grants you the right to make modifications, additions or deletions, and translations to tailor the content to your specific organization needs. However, you may not sell, distribute, or commercially exploit CTK content or incorporate CTK products into other products for resale.  You may not remove CTK identifying information (e.g., CTK, Competency Toolkit, our logos, copyrights, trademarks, or other notices). You may put CTK products online using company intranets, talent management (TMS), learning management (LMS), applicant tracking (ATS) or human resource information (HRIS) systems. You may make hardcopies of the content, up to the limits of the product license you purchase. You may only provide access, whether in online systems or hardcopies, for those users who are covered by the paid license.  Any other distribution is forbidden and without written consent from CTK. 

Any other reproduction of CTk products in any form or by any means is forbidden without CTK written permission, and without limiting the generality of the foregoing, the user will not:
•  Record and re-transmit the product over any network (including any local area network) unless otherwise stated above;
•  Use any product in any timesharing, service bureau, bulletin board or similar arrangement or public display;
•  Post any product to any other online service (including bulletin boards or the Internet);
•  Sublicense, lease, sell, offer for sale or assign the product; or
•  Use CTK's name or any excerpts from the products in the promotion of its products or services. 

 

Content Submission

CTK offers interactive features that allow you to submit materials accessible and viewable by other users of CTK and the public.  You agree that any use by you of such features, including any materials submitted by you, shall not infringe or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you own or have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials. You hereby grant CTK a worldwide, royalty-free, nonexclusive license to use such materials as part of CTK without any compensation or obligation due to you unless otherwise noted in the CTK consignment agreement (see below). 

CTK reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. CTK has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the CTK, to investigate any reported or apparent violation of this Agreement, and to take any action that CTK in its sole discretion deems appropriate, including, without limitation, termination under CTK's copyright policy.

Per CTK's consignment agreement:

  • CTK reviews submitted products for applicability and value to our clients and reserves the right to accept or reject products at our discretion.
  • You set the price for your products. We will not sell them for a different price without your permission.
  • Any products sold for a fee are sold on a consignment basis.
  • You retain ownership and title to all your products.
  • CTK will receive a 50% commission on the listed price of any of your products for which CTK sells. At the end of each month that CTK sells any of your products, CTK will process a payment for you of the monies received for your products minus CTK’s commission.  Monies received for product sales that have not extended past the CTK product return window (7 days) will be paid out the following month.
  • The consignment period begins immediately after we send you an acceptance of your material. The consignment period ends the last day of the calendar month, but the term extends automatically from month to month until you or we terminate the agreement.
  • At any time, you may request that CTK no longer sell some or all of your products with 15 days advance notice.
  • At any time, CTK may remove some or all of your products from our web store at our discretion.
  • You or CTK may terminate this agreement at any time, for any reason. Termination shall be effective when either you or CTK provides notice. Your products will be removed from the CTK web store within 15 days of receiving the termination notice.
  • CTK shall not offer any warranties on the sale of any product, except to the extent a warranty is required by law and cannot be disclaimed.
  • You warrant to CTK that you have good and marketable title to the products you contribute, none of which are subject to any liens or other encumbrances, and further warrant to CTK that the products consigned pursuant to this agreement are not in violation of any trademark, copyright, or other proprietary right of any third party, state or federal law, or administrative regulation.
  • You agree to indemnify and hold harmless CTK from all damages, suits, litigation, awards, and costs, including but not limited to attorneys’ fees, that may arise out of the display or sale of the products for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation.

Third Party Materials  

Certain content and services available via CTK may include materials from third parties. CTK may provide links to third-party websites as a convenience to you. You agree that CTK is not responsible for examining or evaluating the content or accuracy and CTK does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that CTK is not in any way responsible for any such use by you.  

 

Objectionable Material

You understand that by using CTK, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use CTK at your sole risk and CTK shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.  CTK product types and descriptions are provided for convenience, and you agree that CTK does not guarantee their accuracy.  

 

Intellectual Property

You agree that the CTK, including but not limited to CTK Products, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement CTK, contain proprietary information and material that is owned by CTK, and is protected by applicable intellectual property and other laws, including but not limited to copyright.

You agree that you will not use CTK's products or materials in any way whatsoever except for their use in compliance with this Agreement. No portion of CTK may be reproduced in any form or by any means, except as expressly permitted in these terms.

CTK hereby grants you a limited, revocable (as set forth in this Agreement), non-transferable, non-exclusive, worldwide license to use the applicable CTK products which you have ordered, downloaded or registered for online.  All rights not expressly granted to you are reserved by CTK.  Except as expressly permitted by CTK, you shall not: (i) sublicense, resell, rent, lease, loan, sell, transfer, assign, distribute or otherwise commercially exploit the CTK products or any part thereof in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity; or (ii) modify or make derivative or compilation works based on CTK products or website content.
 
Notwithstanding any other provision of this Agreement, CTK reserves the right to change, suspend, remove, or disable access to any CTK product, content, or other materials at any time without notice. In no event will CTK be liable for making these changes. CTK may also impose limits on the use of or access to certain features or portions of CTK, in any case and without notice or liability.
 
All copyrights in and to CTK (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by CTK, who reserve all their rights in law and equity. The use CTK products or any part of CTK, except for use of CTK as permitted in this agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.  
 
CTK, the CTK logo and other CTK trademarks, service marks, graphics, and logos used in connection with CTK are trademarks or registered trademarks of CTK LLC in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with CTK may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.  

 

Termination  

If you fail, or CTK suspects that you have failed, to comply with any of the provisions of this Agreement, CTK, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the CTK (or any part thereof).

CTK reserves the right to modify, suspend, or discontinue CTK (or any part or content thereof) at any time with or without notice to you, and CTK will not be liable to you or to any third party should it exercise such rights.  

 

Disclaimer of Warranties; Liability Limitations  

CTK does not guarantee, represent, or warrant that your use of CTK will be uninterrupted or error-free, and you agree that from time to time CTK may remove products or features for indefinite periods of time, or cancel the services at any time, without notice to you.  You expressly agree that your use of, or inability to use, CTK is at your sole risk.  CTK and all products are provided "as is" and "as available" for our use, without warranties of any kind, either express of implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.  
 
In no case shall CTK, its directors, officers, employees, affiliates, agents, contracts, principals, or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of any of CTK, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via CTK, even if advised of their possibility.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such state or jurisdictions, CTK's liability shall be limited to the extent permitted by law.  
 
CTK shall use reasonable efforts to protect information submitted by you in connection with CTK services, but you agree that your submission of such information is at your sole risk, and CTK hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.  
 
CTK does not represent or guarantee the CTK will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and CTK disclaims any liability relating thereto.  Some products can only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason.  You shall be responsible for backing up your own system, including any CTK products purchased.     

Waiver and Indemnity  

By using CTK services, you agree, to the extent permitted by law, to indemnify and hold CTK, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of CTK services or any action taken by CTK as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred.  This means that you cannot sue or recover any damages from CTK, its directors, officers, employees, affiliates, agents, contractors and licensors as a result of it decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to CTK services, or to take any other action during the investigation of a suspected violation or as a result of CTK's conclusion that a violation of this agreement has occurred.  This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.  

 

Changes  

CTK reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of CTK. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of CTK will be deemed acceptance thereof.  

 

Miscellaneous  

This Agreement constitutes the entire agreement between you and CTK and governs your use of the CTK Service, superseding any prior agreements between you and CTK. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. CTK's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. CTK will not be responsible for failures to fulfill any obligations due to causes beyond its control.

CTK is operated by CTK from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of CTK. All transactions on CTK are governed by Wisconsin law, without giving effect to its conflict of law provisions. Your use of the CTK Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with CTK or relating in any way to your use of the CTK Service resides in the courts in the State of Wisconsin. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Wisconsin upon electronic transmission to the recipient. No CTK employee or agent has the authority to vary this Agreement.

CTK may notify you with respect to the CTK Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the CTK Service. Notices shall become effective immediately.

CTK reserves the right to take steps CTK believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that CTK has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as CTK believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to CTK's right to cooperate with any legal process relating to your use of the CTK Service, and/or a third-party claim that your use of the CTK Service is unlawful and/or infringes such third party's rights).

Creative Commons Attribution-Non-Commercial 4.0 International Public License

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

Section 1 – Definitions

  1. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
  2. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
  3. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
  4. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
  5. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
  6. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
  7. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
  8. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
  9. NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation in connection with the exchange.
  10. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  11. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
  12. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.

Section 2 – Scope

  1. License grant.
    1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
      1. reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and
      2. produce, reproduce, and Share Adapted Material for NonCommercial purposes only.
    2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
    3. Term. The term of this Public License is specified in Section 6(a).
    4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
    5. Downstream recipients.
      1. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
      2. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
    6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
  2. Other rights.
    1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
    2. Patent and trademark rights are not licensed under this Public License.
    3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes.

Section 3 – License Conditions

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  1. Attribution.
    1. If You Share the Licensed Material (including in modified form), You must:
      1. retain the following if it is supplied by the Licensor with the Licensed Material:
        1. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
        2. a copyright notice;
        3. a notice that refers to this Public License;
        4. a notice that refers to the disclaimer of warranties;
        5. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
      3. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
    2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
    3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
    4. If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License.

Section 4 – Sui Generis Database Rights

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

  1. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for NonCommercial purposes only;
  2. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
  3. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

Section 5 – Disclaimer of Warranties and Limitation of Liability.

  1. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
  2. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
  3. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Section 6 – Term and Termination.

  1. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
  2. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
    1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
    2. upon express reinstatement by the Licensor.

For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.

  1. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
  2. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.

Section 7 – Other Terms and Conditions.

  1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
  2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.

Section 8 – Interpretation.

  1. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
  2. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
  3. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
  4. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.