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PRCA License Agreement

PRCA LICENSE AGREEMENT

IMPORTANT – READ THESE LICENSE AGREEMENT TERMS CAREFULLY BEFORE PURCHASING AND/OR DOWNLOADING THIS PRCA AMERICAN NATIONAL STANDARD.

By purchasing this PRCA American National Standard you are entering into a contract, acknowledging that you have read the License Agreement and agree to be bound by the terms therein.  If you do not agree to these License Agreement terms do not purchase and download the documents.  8159867776

A. Ownership
The document / images are copyrighted as a collection and as individual standards by the PRCA, 6260 East Riverside Boulevard # 104, Rockford, IL 61111, U.S.A. except where specifically noted in the standards. The Licensee (license purchaser) have no ownership or other rights in regards to the document/standard its annexes or attachments.  Purchase of the license is not a sale and does not transfer right, title or interest to the Licensee, all rights title and interest remain with the PRCA. The Licensee is prohibited from removing or obscuring any copyright notice or other notices within the document.

B. Definitions
Individual User: single individual computer with individual IP address

LAN – WAN Usage: no LAN (single site) or WAN (multi-site) viewing or usage of the standards download is permitted.

PRCA Organizational Members: up to four (4) single individual computers with individual IP addresses within the corporate control of the organization.

PRCA Accredited Vendor or Course Members: up to five (5) single individual computers with individual IP addresses within the corporate control of the organization.

C. Limited License
The PRCA grants a Licensee a non-transferable, non-exclusive, revocable, and limited license to access by password protected retrieval or by an authorized IP address in accordance with the terms of this Lease Agreement for the uses permitted and enumerated below:

1)    Specific Licenses
(a). The individual licensee has the right to:
•    retrieve, search, peruse, display and view the standard document
•    download, view, print a single copy of the document or portions thereof for temporary storage for the purpose of review and/or printing a single hard copy solely for the Licensee’s individual use. Neither the downloaded nor the single authorized hard copy document may be reproduced in any manner, emailed, downloaded to disc or other computer drive or otherwise shared.
•    the single hard copy printed may be shared with others within your organization but the document and portions thereof may not be copied.

(b). LAN and WAN
•    No use, viewing or replication of the downloaded document is permitted

(c). PRCA Organizational Members have the right to:
•    retrieve, search, peruse, display and view the standard document
•    perform a single download for temporary storage for the purpose of review and/or printing up to four (4) organization controlled copies of the document or portions thereof. These four (4) hard copies are solely for the Licensee’s organizational use. Neither the downloaded nor any of the four (4) authorized hard copies of the document may be further reproduced in any manner, emailed, downloaded to disc or other computer drive or otherwise shared.
•    the four (4) hard copies printed may be shared only with others within your organization but these authorized documents and any portions thereof may not be copied.

(d). PRCA Accredited Vendor or Course Members have the right to:
•    retrieve, search, peruse, display and view the standard document
•    perform a single download for temporary storage for the purpose of review and/or printing up to five (5) accredited organization controlled copies of the document or portions thereof. These five (5) hard copies are solely for the Licensee’s accredited organizational use. Neither the downloaded nor any of the five (5)authorized hard copies of the document may be further reproduced in any manner, emailed, downloaded to disc or other computer drive or otherwise shared.
•    the five (5) hard copies printed may be shared only with others within your accredited organization but these authorized documents and any portions thereof may not be copied.

2)    Prohibited Usage
(a). All permitted usage is described within this License Agreement.  Any other usage is a violation of the agreement and is prohibited.  Violation of the License Agreement may result in the immediate termination of this License.

(b). Authorized Licensees and users may not make this document or any portions thereof available to anyone other than another authorized licensee or user, by internet link, permitting access to their computer or terminal or by any other means.

(c). The Licensee may not assign or transfer its rights under the License Agreement without the prior written permission of the PRCA

(d). Except as described under section C. 1). of this License Agreement an Authorized Licensee and/or user is prohibited from transmitting, copying or disseminating the document or any portion thereof without the express prior written permission of the PRCA. This is to include:
•    Reproduce or photocopy
•    Dissemination or forwarding a copy (electronically or by other means)
•    Alter, modify or translate any standard document or portion thereof
•    Include the standard document or portion thereof in other written or electronic works
•    Resale of original download or authorized hard copies
•    Charge for a copy (electronic or other form)
•    Include any standard or portion thereof (electronic or printed) in any training program, on line or n person course or distance learning event
•    Utilize the standard document or portions thereof for commercial purposes including but not limited to resale, use fee, single or multiple reproduction or distribution. •     Charge authorized users as defined in section C. 1). For the authorized use/review of the standard document

D. Detection of Unauthorized Use

1)    The Licensee must take reasonably care to prevent unauthorized use, copying and downloading of the standards document and must immediately notify the PRCA upon the suspicion, detection or verification of any such act or copyright infringement.

2)    The Licensee will cooperate with the PRCA in the investigation of such acts.

E. Termination of License
1)    This License Agreement is in effect until terminated.
2)    At its sole discretion he PRCA may with written notice terminate this License due to the Licensee failing to meet or intentionally breaches the terms of this License.
3)    The Licensee may terminate the Agreement through the deletion and destruction of any and all copies of the standards document (electronic, hard copy, or other media).

F. Verification
The PRCA has the right to verify compliance with this Licensee Agreement at its own expense and during normal business hours.
•    Verification may involve independent consultants who will review the Licensee’s handling and usage of the standards document.
•    The PRCA will notify a Licensee in writing of the verification process and will endeavor to reasonably conduct the verification in a manner which will not affect the Licensee’s normal business.
•    The Licensee agrees to reimburse the PRCA for verification costs if unauthorized use by the Licensee or its agents is verified.
•    The Licensee agrees to reimburse the PRCA for any unlicensed or unauthorized use of the standards document
•    In accepting reimbursement, the PRCA does not waive any rights to enforce this agreement or to protect its copyright and intellectual property by any means provided by law

G. Copyright Notice
All authorized/licensed copies of the standards document bear the PRCA Copyright notice. The deletion, covering, obscuring and/or modification of the original copyright notice is prohibited.

H. Delivery and Usage
The Licensee is responsible, at their own expense, for obtaining the Internet connections, software licenses, software, installing of software, and programs necessary to view, download and/or print the PRCA authorized standards document.

I. Limitations of Liability
The PRCA will in no event be liable for any loss, damages, lost data, special, indirect consequential or punitive damages arising out of the use of the PRCA standards document or the downloading thereof regardless of the cause and the theory of liability.  The extent of the PRCA’s liability will not exceed the amount paid by the Licensee under this License Agreement.

J. Warranty Disclaimer
Unless otherwise specified in this License Agreement all expressed or implied conditions, representations and warranties, including any implied warranty of suitability for specific use, merchantability and/or non-infringement are disclaimed except as to where these disclaimers are held to be legally invalid or void.

K. Application
This Agreement constitutes the entire agreement between the PRCA and Licensee as regards the subject matter.  This Agreement supersedes all prior or simultaneous oral or written agreements, proposals, warranties and/or representations and shall serve to prevail over any conflicting or additional terms, quotes, orders, acknowledgements or communications between the Licensee and the PRCA regarding this License Agreement or the standards document. Modifications to this agreement must be signed by both parties or their representatives to have effect.

L.  Tax
The Licensee is responsible for and must pay any applicable taxes arising out of the Licensee’s use of the PRCA standards document and/or rights granted under the License Agreement.

M.  Enforcement and Jurisdiction
This License Agreement shall be interpreted and construed in accordance with the laws of the State of Illinois.  The Licensee agrees to submit to the jurisdiction and venue of the state and federal courts of Illinois for any dispute or action that may arise under the Agreement.
The Licensee agrees to waive any claims of immunity that they may possess.