TERMS AND CONDITIONS
Agreement between QOL Technologies Ltd, Bosham, West Sussex (‘QOL’) and (Name of Client) whose address is [ ] (‘the Client’) for the use of the (Name of questionnaire) (‘the Questionnaire’) using the following languages (list languages) in clinical and research studies to be undertaken by the Client.
QOL holds the copyright for the Questionnaire, developed and validated by Professor Elizabeth Juniper (Original North American English and all other languages of the Questionnaire).
QOL has developed an alternative method of data collection to original paper version of the Questionnaire accessible only through QOL .
The internet version of the Questionnaire has undergone a validation study which has provided evidence that data collected on this system is concordant with that generated by the validated paper version of the Questionnaire.
All languages listed above have be based on the authorised paper versions developed and linguistically validated by the MAPI Research Institute. All further translations and modifications, required for these internet versions of the Questionnaire, have been done and tested by MAPI. Permission to use any further languages of the Questionnaire will only be given after a full report on linguistic validation and cognitive debriefing from the MAPI Research Institute.
This Agreement is between QOL and the Client for the use of the Questionnaire using the QOL internet-based electronic version of the Questionnaire.
It is agreed as follows:
- The Client will pay QOL the sum of £1,000 per annum for each language.
- For this fee, the Client can administer the Questionnaire as many times as it likes and in as many studies as it likes.
- QOL will provide access only after a purchase order number has been received from the Client.
- 9 months after being given access to the internet-based version of the Questionnaire, the Client will be asked by e-mail if they wish to renew their access for a further year. Monthly and finally weekly reminders will be sent. If no renewal is arranged (with purchase order number), access will be terminated 12 months after access was first provided.
- The Client will provide QOL with the name and e-mail address of the person who should be sent the renewal of access e-mail. If the person identified changes during the 12 months of access, the Client must inform QOL of the new person responsible for access.
- The Client undertakes not to alter, modify, amend, reproduce or translate the Questionnaire or any part of it without the express permission of QOL.
- The copyright and all other intellectual property rights in the Questionnaire remains with QOL. All versions and languages of the Questionnaire remain the exclusive intellectual property of QOL. The Client shall notify QOL immediately if it becomes aware of any unauthorised use of the whole or any part of the Questionnaire by any person.
- The Client owns all of the rights including intellectual property rights to all the data collected using the Questionnaire and nothing in this Agreement prohibits or inhibits any use thereof by the Client.
- The parties hereto agree that, except as provided below, to treat as confidential and keep secret all information marked ‘confidential’ or which may reasonably be supposed to be confidential , (‘Confidential Information’), which may be furnished by either party (‘Donor’) in written or electronic form to the other party (‘Recipient’) in connection with this Agreement shall remain the property of the Donor and shall be used by the Recipient solely in connection with this Agreement. In the event the Recipient receives any such Confidential Information, it shall not be disclosed to any third party without the Donor’s written approval and shall be treated by Recipient as it would treat its own similar confidential information. This Paragraph shall impose no obligation upon the Recipient with respect to any Confidential Information which enters the public domain other than by breach of the Recipient’s obligations hereunder;
- if known to the Recipient prior to receipt from the Donor;
- if received by the Recipient from a third party if such third party has the right to furnish such Confidential Information;
- if independently developed by the Recipient as evidenced by its books and records; or
- if disclosed by the Donor to a third party without similar restrictions.
- Results of any validation study, conducted by the Client, comparing the original paper version of the Questionnaire with the electronic version of the Questionnaire, will not be considered Confidential Information and may be published in a scientific journal
- This Agreement cannot be transferred to any other individual or company and it cannot be sub-contracted without the prior written consent of QOL, which will not be unreasonable withheld.
- QOL shall have no liability for any Intellectual Property Claim resulting from the use of the Questionnaire with any equipment or programs not supplied or approved by QOL or any modification of the Questionnaire by any party or Client
- In the event that any dispute arises relating to this Agreement or if the Client commits any serious breach of any term of this Agreement, the parties shall promptly meet and attempt to resolve same through good faith discussions. If the parties are unable to resolve any dispute to their mutual satisfaction within thirty (30) days after they commence discussions regarding same, then QOL may terminate this Agreement on giving notice in writing to the Client.
- QOL will not be liable to the Client for any damages resulting from loss of data, lost profits or loss of anticipated savings.