We want you to use our materials and look like a super hero to your employees. That said, we also want to stay in business so you can keep your super hero cape flying. To make everyone happy, including our attorneys, we need you to sign the limited license agreement below. It will assure that you stay up-to-date on the latest and greatest exercises and techniques that go with your handout. We also want to remind you that everything shown on the handout needs to be limited to comfort. Maintain your proper positioning and remind your employees often to do the same. Relax, move slowly, feel a mild stretch, and have fun. And that cape, well, you’ll have to take it to the dry cleaners yourself.
TIPS® Qualified Client Limited License Agreement for Training and Materials Licensing
Ownership of Training Materials, Copyright Notice, and Grant to Limited License.
1. All materials provided by Tailored Injury Prevention Solutions, Inc. (“TIPS”) or any of its personnel as part of or in connection with the Qualified Client Online Access for TIPS training program (“Training Program”), including, without limitation, the various handouts and the training materials provided or used in the course of the Training Program whether provided before or after the purchase date (collectively “TIPS Training Material”) are owned by, and are the confidential, proprietary, and valuable property of, TIPS and are protected under copyright, trademark or other laws of the United States and all rights in and thereto are reserved by TIPS. The Training Program and the TIPS Training Materials, including, without limitation, all text, photos, graphics, artwork, methods, processes, trademarks, and other contents therein, may not be copied, reproduced, broadcast, published, edited, altered or used in any way except as provided for herein without the prior and express written consent of:
Tailored Injury Prevention Solutions, Inc.
21897 South Diamond Lake Rd
Suite 400-318 | Rogers, MN 55374
612-991-8165 DIRECT
Website: TIPSprevention.com
2. TIPS Training Materials are hereby licensed to the individual or entity purchasing the Training Program or TIPS Training Material (“Trainee”) on the limited basis described in this Limited License Agreement. Trainee license is strictly limited to viewing, reproducing, using, and distributing the TIPS Training Material to only the employees of Trainee’s Company (“Company”), at Company premises, and only to provide training of the type and nature that is presented to Trainee through the training program. Trainee and Company are hereby granted a limited, nonexclusive, royalty free license to reproduce and use the TIPS Training Materials for providing training of the type and nature described in the Training Program up to a maximum of 500 Company employees at the company and location(s) listed herein. To license for more than 500 employees contact us at the address listed above in paragraph one, for an addendum to this agreement. Additional fees may apply.
NOTICE: Only the Handouts downloaded from the TIPS Qualified Client portal, can be copied and distributed to Company employees subject to the number, location, and other requirements specified above.
3. Notwithstanding the foregoing, none of TIPS Training Material, in whole or in part, may be conveyed, given, shared, sold, or otherwise transferred to any third party or be reproduced, distributed, or used in any way other than allows under the above limited license. Without limiting the scope of the foregoing sentence, no person, including Trainee, may use any of the TIPS Training Material (including, without limitation, any of the handouts) for personal gain or profit or the profit of any third party, or for any purpose other than described in paragraph 2 above. Trainee may not remove, duplicate or transfer the Training Materials or Handouts to or for any company, group, or invitees other than TIPS Qualified Client Company’s employees. If Trainee leaves the Company, or the position of trainer for the Company, or transfers to any Company location other than the location originally purchasing the TIPS Training Materials, Trainer is not authorized to use any of the TIPS Training Materials unless he/she first contacts TIPS and enters into a new Limited License Agreement with TIPS that allows therefore and pays the TIPS’s license fee therefore.
4. The term of the License provided for under this Limited License Agreement is two (2) years from the purchase date. No use of any TIPS Training Materials is permitted past the end of said two year term unless the License is renewed or extended by TIPS in advance and in writing. Requests for renewal or extension of the License should be made to TIPS in writing at the address stated in paragraph 6 below no less than 60 days before the end of the License term. TIPS reserves the right to allow, condition, or deny any license renewal or extension in its sole discretion.
5. TIPS will provide Trainee with any updated or replacement versions of any of the TIPS Training Materials that are the subject of this Limited License Agreement that are issued during the term of the License. Company and Trainee are to discontinue use of any TIPS Training Materials immediately upon receipt of any such updated or replacement versions of the same or upon any notice from TIPS to do so.
6. Please report any known or perceived violation of this Limited License Agreement or unauthorized use of any TIPS materials to TIPS at the address below.
Tailored Injury Prevention Solutions, Inc.
21897 South Diamond Lake Rd
Suite 400-318 | Rogers, MN 55374
DIRECT: 612-991-8165
Website: TIPSprevention.com
Disclaimer of Warranty; Suitability Notice; Waiver.
7. TIPS MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY GENERAL OR SPECIFIC PURPOSE IN CONNECTION WITH THE TRAINING PROGRAM OR ANY TIPS TRAINING MATERIALS. Without limiting the generality of the foregoing, TIPS makes no warranty, representation, or guaranty as to the accuracy or completeness of any of the information or content contained in the Training Program or any of the TIPS Training Material. Any and all use of the Training Program or any of the TIPS Training Materials is made by Company’s and Trainee’s own risk and responsibility, and TIPS disclaims any and all liability, obligation, and responsibility for, and Company and Trainee hereby waive and release any claims, damages, or other rights they may have in connection with, any loss or damage suffered by any person as a result of or in relation to any use or misuse of the Training Program, TIPS Training Material, or reliance on the information provided through and any content of the Training Program and the TIPS Training Material. TIPS further disclaims, and Company and Trainee hereby agree not to seek or hold TIPS liable for, any consequential, exemplary, punitive or other damages that in any way may be asserted, claimed, or held recoverable in connection with any Training Program or TIPS Training Materials.
8. Company and Trainee is informed, and Company and Trainee acknowledge and agree, that not all of the exercises, directions, suggestions, or practices included in the Training Program or TIPS Training Materials are suitable for everyone or for any particular individual. To reduce the risk of injury, all persons should consult a medical doctor before beginning any exercise program, including any of the programs or exercises referenced in or presented through the Training Program or TIPS Training Materials. The instruction and advice presented in the Training Program or TIPS Training Material are not intended as a substitute for medical care or counseling.
9. In consideration for receiving the Training Program and TIPS Training Material, Company and Trainee hereby each release and covenant not to sue or seek redress from, and further agree to jointly and severally indemnify and hold harmless, TIPS and its affiliates and subsidiaries, and also the employees, directors, officers, and owners of the same, from and against any and all causes of action, claims, damages, liabilities, and other obligations (whether in contract, tort or otherwise) and reasonable attorney’s fees associated therewith that in any way or manner relate to, arise from, or are connected with the Training Program or TIPS Training Material or their use by Company or Trainee, including, without limitation, decisions made, uses of, and actions taken by Company or Trainee or third parties related to either of them, whether with or without physician advice or supervision, based on or connected with any of the same.
10. Company and Trainee each understand and agree to all of the terms and conditions of this Limited License Agreement. Company and Trainee each acknowledge having had sufficient opportunity to ask questions, and has received satisfactory answers to any such questions, and to consult with their own legal counsel about this Limited License Agreement and its terms and conditions. By agreeing to this document, Trainee agrees to abide by all of the terms and conditions of this Limited License Agreement.