NIH Toolbox Terms and Conditions
The NIH Toolbox Terms and Conditions contained in this document (hereinafter referred to as “NTAC”) serve as an agreement between Northwestern University (NU) and the National Institutes of Health (NIH), hereinafter referred to as “NU/NIH,” and users of any and all aspects or components of the NIH Toolbox, hereinafter referred to as “You” or “User.”
Use of the NIH Toolbox measures/instruments, related materials, and services require acceptance of all terms and conditions stated herein. You agree to abide by all of NTAC as a condition of reviewing or using the NIH Toolbox. No modifications or additions to these terms and conditions are binding upon NU/NIH unless previously agreed to in writing by an authorized representative of NU or the NIH. NU/ NIH reserves the right to update the NTAC at any time. Changes in the NTAC shall apply to new users, new measures and to new projects created by existing users after such changes are posted.
NIH Toolbox tests, test protocols, test items, norms, norms tables, scoring programs, scoring keys (including scoring algorithms, scale definitions, scale membership, and scoring directions), score reports, software, and other NIH Toolbox-related materials are ©2012 Northwestern University and the National Institutes of Health. Information and materials contributed to the NIH Toolbox by other individuals/entities are being used with the permission of the copyright holders.
Toolbox materials are not to be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without permission in writing from NU/NIH. The reproduction of any part of NU/NIH's copyrighted tests and related materials in any way, whether the reproductions are sold or furnished free for use, is a violation of federal copyright law. No adaptations, translations, modifications, or special versions may be made without permission in writing from NU/NIH; moreover, users are advised that such adaptations, translations, modifications, or special versions may affect the validity of the tests even if permission is granted.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Any publication or presentation of results obtained from studies conducted using NIH Toolbox measures should include a statement that NIH Toolbox version 1.0 measures/instruments were used, and reference the NIH Toolbox website www.nihtoolbox.org for further information.
Use of the NIH Toolbox measures is by permission only. Generally, permission will be promptly granted to any user wishing to utilize the NIH Toolbox as part of an NIH-sponsored study. Additional users will be granted permission on a case-by-case basis. By requesting permission to use any aspect of the NIH Toolbox and therefore agreeing to the NTAC herein, User acknowledges that NIH Toolbox tests, items, norms, manuals, scoring keys, and any copyrighted materials may not be shared or provided to any third parties (except through test administration) without the written consent of NIH/NU and/or its licensors and copyright holders. In addition, User may not charge a fee for administering or scoring any NIH Toolbox Test, Survey, or Battery. For clinical and other non-NIH-sponsored requestors granted permission to use NIH Toolbox, any fees charged to individuals to whom NIH Toolbox is administered must only be for “value-added” services such as interpretation or follow-up visits, as appropriate given the limitations and intended uses of such Test(s).
TERMS and CONDITIONS OF USE
Confidentiality. User acknowledges and agrees that the contents of the NIH Toolbox may constitute trade secrets, which include confidential and proprietary material, information, and procedures. User will not resell or otherwise distribute materials, or authorize or allow disclosure of the contents of a test instrument protocol, including test questions and answers, or normative data, except under the limited circumstances described in the section titled, "Maintenance of Test Security and Test Use," or as otherwise contemplated in the published manual associated with the test. User acknowledges and agrees that the use or disclosure of trade secrets in a manner inconsistent with the provisions of this Agreement may cause NU/NIH irreparable damage, for which remedies other than injunctive relief may be inadequate. Accordingly, User agrees that in any request by NU/NIH to a court of competent jurisdiction for injunctive or other equitable relief seeking to restrain such use or disclosure, User will not maintain that such remedy is not appropriate under the circumstances.
Permissions and Licensing Policy
Reproduction of any NIH Toolbox materials requires the prior written consent of NU/NIH. Questions and answers, including practice questions and answers, may not be reproduced without written permission, regardless of the number of lines or items involved. Test copies may not be bound in theses or reports placed in libraries, generally circulated, or accessible to the public, or in any article or text of any kind.
NU/NIH will consider requests for permission to reproduce, modify, or translate part or all of any copyrighted publication and will consider the granting of licenses for use of NU/NIH copyrighted materials. Requests to reproduce, translate, adapt, modify, or make special versions of these publications should be made by written request through the NU/NIH Contact Us page on the NIH Toolbox website, at www.nihtoolbox.org (Please enter request details in the message box.) Once approved, any reproduction must include acknowledgement of the source, test, publisher, and copyright notice.
Permission to Use Copyrighted Test Norms
NU/NIH have the sole right to authorize reproductions of any portion of their published tests, including test norms. Copying of test norms without authorization is a violation of federal copyright law. The term "copying" includes, but is not limited to, entry of test norms into a computer's memory for purposes of test processing, scoring, or reporting. Any person or organization wanting to use NU/NIH test norms must submit a written request through the NU/NIH Contact Us page on the website, at www.nihtoolbox.org . (Please enter request details in the message box.) If permission is granted, a fee may be charged. Permission from NU/NIH for use of test norms does not imply endorsement of, or responsibility for, the accuracy or adequacy of any test processing, scoring, or reporting service.
Modification of NIH Toolbox Components
NU/NIH recognizes the importance of continued scientific development of the NIH Toolbox measures to meet the needs of researchers, but emphasizes the importance of maintaining rigorous measurement standards. Therefore, User may make modifications to NIH Toolbox tests and test items if, and only if, the following conditions are met:
1. Specific modification plans must be enumerated and submitted in writing to NU/NIH for approval. This request must include the specific changes to be made and the rationale for the changes. This written request must be signed by the lead researcher.
2. User may not make modifications to any component of NIH Toolbox without written consent of NU/NIH.
3. All modifications should be fully validated against the existing NIH Toolbox measure(s) on which they were based. Plans for a concurrent validation study must be included in the written request for modifications. If no validation study is planned, this must be noted in the written request, along with an explanation.
4. User must send validation study results to NU/NIH for review prior to publication citing any results of said study or any results citing use of NIH Toolbox.
5. NU/NIH will review validation study data and will inform User if modification to NIH Toolbox measure(s) constitute an “Approved Adaptation” or a “Non-Validated Adaptation” of NIH Toolbox. NU/NIH will update NIHToolbox.org accordingly to inform other users and prospective users of these modifications, along with contact information for the lead researcher.
6. NU/NIH will make available any Approved Adaptations of NIH Toolbox via Assessment Center software, which can be accessed through NIHToolbox.org.
7. User must cite NIH Toolbox in any and all presentations, publications, or other third-party sharing of research data, indicating whether any measures used constitute Approved Adaptations or Non-Validated Adaptations. The citation must include the following statement: “All NIH Toolbox-related materials are ©2012 Northwestern University and the National Institutes of Health.”
8. NU/NIH maintains all rights to Approved Adaptations as well as Non-Validated Adaptations of NIH Toolbox tests and test items made by User. User may under no circumstances license, distribute, or share any components of NIH Toolbox with third parties, regardless of the extent of modifications, without official, written consent of NU/NIH. User is entitled to no ownership claim of intellectual property as a result of making any NIH Toolbox modifications, and is hereby enjoined from communicating or stating any such claims.
Maintenance of Test Security and Test Use
Each person or institution using the NIH Toolbox must agree to comply with these basic principles of test security:
Test takers must not receive test answers before beginning the test.
Test questions are not to be reproduced or paraphrased in any way.
Access to test materials must be limited to qualified persons with a responsible, professional interest who agree to safeguard their use.
Test materials and scores may be released only to persons qualified to interpret and use them properly.
If a test taker or the parent of a child who has taken a test wishes to examine test responses or results, the parent or test taker may be permitted to review the test and the test answers in the presence of a representative of the school, college, or institution that administered the test. Such review should not be permitted in those jurisdictions where applicable laws require the institution to provide a photocopy of the test subsequent to review. If You are not certain of the effect of the laws in Your jurisdiction, please contact Your jurisdiction's professional organization.
No reproduction of test materials is allowed in any form or by any means, electronic or mechanical without advance, written permission of NU/NIH. Requests to copy any test materials must be submitted through the NU/NIH Contact Us page on the website, at www.nihtoolbox.org. (Please enter request details in the message box.)
Test users must have the appropriate knowledge, skills, training and experience to responsibly use NIH Toolbox measures. “Test users” are those persons responsible for the selection, administration, scoring and interpretation of tests and the communication of results. Therefore, NU/NIH reserves the right to ask individuals requesting access to NIH Toolbox measures to provide documentation that they have the experience and training necessary to use those measures, or are working under the supervision of someone qualified to use those measures. In particular, User may be asked to provide documentation of qualifications for measures classified as “C-Level.” C-Level tests require a high degree of expertise in test interpretation, and thus can only be requested by a User with state licensure or certification to practice in a field related to the request, or a doctorate degree in psychology, education, or a closely related field, with formal training in the ethical administration, scoring, and interpretation of clinical assessments related to the intended use of the assessment. Any users of C-Level assessments must be supervised by one or more users with C-Level qualifications, which must have been provided in advance to NU/NIH per this process.
Rules Governing Use of the NIH Toolbox by Various Categories of Users
Universities, schools, organizations, businesses, clinics, and hospitals are subject to the guidelines set forth above and must have appropriately qualified individuals on staff in order to use the NIH Toolbox tests. These individuals must complete a Registration Form and provide information as to
Protective Orders. User agrees to seek a protective order safeguarding the confidentiality of test materials classified by NU/NIH as “C-level” assessments if User is required to produce such materials in court or administrative proceedings.
No Warranty. NU/NIH make no warranties, expressed or implied, including warranties of merchantability or fitness for a particular purpose. NU/NIH will not, under any circumstances, be liable for User's expense for delays, for costs of substitute materials, or for possible lost income, grants, profits, or any other special or consequential damages that may result from using the NIH Toolbox.
Limitation of Liability. In no event will NU/NIH be liable for damages arising under this agreement, or otherwise arising from the order(s) contemplated under this agreement.
Notices. Any required notices shall be given in writing to User at the most recent contact information provided by User to NU/NIH. NU/NIH may send You notice by electronic mail as an alternative to conventional mail.
November 12, 2012