Limited License Agreement
Last Modified: January 12, 2025
This Limited License Agreement (this "Agreement") is a binding contract between you ("you" or "your") and The Council of Autism Service Providers ("CASP," "we," or "us"). This Agreement governs your access to and use of “The Applied Behavioral Analysis Practice Guidelines for the Treatment of Autism Spectrum Disorder, Third Edition, Copyright © 2024 by The Council of Autism Service Providers (CASP). Ver. 3.0” (“CASP Guidelines”).
1. License Grant. Subject to and conditioned on your compliance with all terms and conditions set forth in this Agreement, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the term of the Agreement to access the CASP Guidelines solely for non-commercial and/or educational purposes, and in compliance with usage guidelines that we may specify from time to time solely in connection with the use of the CASP Guidelines. You acknowledge that there are no implied licenses granted under this Agreement. We reserve all rights that are not expressly granted. You may not use the CASP Guidelines for any other purpose without our prior written consent. You must obtain the CASP Guidelines via download through the online portal available at https://www.casproviders.org/standards-and-guidelines to use the CASP Guidelines. Your permission to use the CASP Guidelines may be revoked at any time by us.
2. Use Restrictions. Except as expressly authorized under this Agreement, you may not:
(a) Modify or create derivative works of the CASP Guidelines, in whole or in part;
(b) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the CASP Guidelines for compensation or for commercial purposes;
(c) remove any proprietary notices from the CASP Guidelines, or display the CASP Guidelines without the CASP’s proprietary marks, including any trademark or copyright notices;
(d) use the CASP Guidelines in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; or
(e) attempt to cloak or conceal your identity when requesting authorization to use the CASP Guidelines.
You will comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on https://www.casproviders.org/standards-and-guidelines from time to time. In addition, you will not use the CASP Guidelines in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email ("spam"), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities.
3. No Fees. You acknowledge and agree that no license fees or other payments will be due under this Agreement in exchange for the rights granted under this Agreement. You acknowledge and agree that this fee arrangement is made in consideration of the mutual covenants set forth in this agreement, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein. Notwithstanding the foregoing, we reserve the right to start charging for access to and use of the CASP Guidelines at any time.
4. Intellectual Property Ownership. You acknowledge that, as between you and us, we own all right, title, and interest, including all intellectual property rights, in and to the CASP Guidelines.
5. Disclaimer of Warranties. THE CASP GUIDELINES ARE PROVIDED "AS IS" AND CASP SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. CASP SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE CASP GUIDELINES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, OR BE SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU ACCEPT THAT THE CASP GUIDELINES ARE NOT A SUBSTITUTE FOR, ARE NOT DESIGNED TO, AND DO NOT PROVIDE MEDICAL OR PROFESSIONAL ADVICE. CASP IS NOT RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY ADVICE, COURSE OF TREATMENT OR DIAGNOSIS PROVIDED BY ANY HEALTH CARE PROFESSIONAL, WHETHER PROVIDED INDEPENDENTLY OR IN RELATION TO THE CASP GUIDELINES.
6. Term and Termination. The term of this Agreement commences when you acknowledge your acceptance of this Agreement by selecting the "I ACCEPT" option below and “SUBMIT” this form and will continue in effect until terminated as set forth in this Section. We may immediately terminate or suspend this Agreement, any rights granted herein, and/or your licenses under this Agreement, in our sole discretion at any time and for any reason, by providing notice to you or revoking access to the CASP Guidelines. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination of this Agreement for any reason all licenses and rights granted to you under this Agreement will also terminate and you must cease using, destroy, and permanently erase from all devices and systems you directly or indirectly control all copies of the CASP GUIDELINES. Any terms that by their nature are intended to continue beyond the termination or expiration of this Agreement will survive termination. Termination will not limit any of CASP’s rights or remedies at law or in equity.
7. Modifications. You acknowledge and agree that we have the right, in our sole discretion, to modify this Agreement from time to time. You will be notified of modifications through posts on https://www.casproviders.org/standards-and-guidelines. You will be responsible for reviewing and becoming familiar with any such modifications.
8. Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Any notices to us must be sent to our headquarters address at 1516 Corley Mill Rd., Lexington, SC 29072 and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the CASP Guidelines. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder.