Program Quality Assessment End User License Agreement

Recommendations for Use

Measuring Quality.

When using any of the PQAs, we recommend that you consult the Youth Program Quality Assessment Handbook and that you, or someone on your team, consider attending a one-day PQA Basics training. Evidence concerning the reliability and validity of the PQAs was produced using very specific methods and the handbook and training are endorsed by the Weikart Center as an introduction to these methods. In applications of the PQAs where rater precision is required, additional external assessor training and supports are available and recommended.

Improving Quality.

When the PQAs are used as part of the Youth Program Quality Intervention (YPQI), the quality of staff instruction is known to improve (http://cypq.org/ypqi). For quality improvement applications of the PQAs, we recommend the YPQI sequence of four core practices - quality assessment, improvement planning, performance feedback, and staff training for specific instructional skills – be implemented by site-based teams. Training and technical assistance supporting the YPQI are available from the Weikart Center (contact: joe@cypq.org).

Plain Text Agreement

You agree to the following terms when you download the PDFs for the Program Quality Assessments. You do not have permission to sell copies of the PQAs. You do not have permission to make any derivative materials using any part of the content within without explicit written permission from the Forum for Youth Investment. You are permitted to print, copy, and share the tool within your organization or program, so long as the End User License Agreement on the back page of the tool remains intact.

Full Agreement

END USER LICENSE AGREEMENT

Program Quality Assessment

THIS IS AN AGREEMENT GOVERNING YOUR USE OF THE FORUM FOR YOUTH INVESTMENT’S PROGRAM QUALITY ASSESSMENT (HEREAFTER, THE “PQA”).  THE FORUM FOR YOUTH INVESTMENT (“LICENSOR” OR “US”) AS OWNER OF THE PQA IS WILLING TO PROVIDE YOU (AT TIMES REFERRED TO HEREIN AS LICENSEE) WITH THE PQA IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.

IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE PQA.  USE OF THE PQA IS YOUR CONSENT TO BE BOUND BY AND YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE PQA.

1. DEFINITIONS.

  1. Client.  An entity, organization, or person which uses the PQA.
  1. Confidential Information. Confidential information as used herein means all standards, techniques, forms, rubrics, procedures, information and instructions pertaining to the PQA and other matters subject to this Agreement which are disclosed by us to you.
  1. Copyright.   All of the written, audio and visual materials provided with the PQA are the copyright material of, and are owned by US, including without limitation, the materials provided herein.  You agree not to copy any of such materials in any way without the prior written permission of the Licensor.
  1. PQA.  A family of observational assessment tools designed to assess the instructional quality of programs and to identify staff training needs.
    1. Youth PQA.    A validated observational assessment for programs that serve youth in grades 4 - 12.
    2. School-Age PQA. A PQA designed for programs that serve children in grades K - 6.
    3. Health & Wellness PQA.  A PQA designed for health and wellness-related programming.
    4. STEM PQA.  A PQA designed Science, Technology, Engineering and Math (STEM)-related programs.
    5. ARTS PQA. A PQA designed for Arts enrichment-related programs.
  1. PQA Materials. Any and all materials provided as part of the PQA including all education and instruction books, charts, disks, forms, activity props, workbooks, and related materials.

2. LICENSEE RIGHTS.

  1. This license confers upon Licensee the right to use the PQAs at a single location for the benefit of your organization. Under no circumstances does Licensee have the right to contract with additional organizations for their use of the PQA or to license, sell, or authorize any third party use of the PQA without the express permission of Licensor.
    1. You may NOT sell the PQA.
    2. You may NOT make any derivative works or materials using any part of the PQA Materials
  1. Subject to the terms and conditions of this Agreement and the continuing performance by You of Your obligations hereunder, you shall have, during the term hereto, the right to use the PQAs.
  1. You are only allowed to use the PQA as described herein. No other entity, organization or individual may utilize your copy of the PQA without the express written consent of Licensor.  You are permitted to print or copy the PQA for use within your organization provided the End User License Agreement is provided with such copy.

3. FEES.

A.       A single instance or download of the PQA for the right to use the PQA is free.  Licensor reserves the right to charge a fee in the future.

B.       Licensor shall have no other obligation for any defective material.

4. RESPONSIBILITIES.

  1. You shall:
    1. Use the PQA and any PQA Materials for your organization’s sole benefit.  You shall assume all responsibility and risk for ensuring the effectiveness of the PQA.
    2. Not make, provide copies of, or grant access to the use of any PQA or PQA Materials outside of your organization.
    3. Not do any act which alters or impairs the copyrights or trademarks of the PQA or PQA Materials which are not specifically authorized by this Agreement.
    4. Use your best efforts to work with the PQA using proper techniques.
  1. Licensor may, but is not required to, make available a downloadable version of the PQA and any PQA Materials.
  1. Licensor may, but is not required to, provide additional guidance and tools.

5. PROPRIETARY RIGHTS AND NON-DISCLOSURE.

You agree that the PQA and PQA Materials and the authorship, systems, ideas, methods of operation, documentation and other information contained in the PQA, are proprietary intellectual properties and/or the valuable trade secrets of the Licensor and are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the United States, other countries and international treaties. The Licensor retains all right, title and interest in and to the PQA and PQA Materials, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation or use of the PQA and PQA Materials does not transfer to You any title to the intellectual property in the PQA and PQA Materials, and You will not acquire any rights to the PQA and PQA Materials except as expressly set forth in this Agreement. Except as stated herein, this Agreement does not grant You any intellectual property rights in the PQA and PQA Materials. You agree not to modify or alter the PQA and PQA Materials in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the PQA and PQA Materials.

6. TERM AND TERMINATION.

A. This Agreement and your use of the PQA are effective as of the date of download and shall continue for a period of one (1) year.  Your continued use of the PQA shall automatically renew the term for a period of one (1) year from your last use.

B. In the event that either Party breaches this Agreement, the other Party shall, in addition to any other remedy it may have, have the right to terminate this Agreement, upon ten (10) days written notice.

7. AGREEMENT NOT TO COMPETE.

A.       During the term of this Agreement, neither You nor Your organization, employees, partners, officers, or directors shall directly or indirectly enter into or in any manner participate in any business profession, proprietorship or any other endeavor which sells, markets or distributes any PQA or PQA Materials, or any techniques or programs which are the same as or similar to any PQA or PQA Materials.  You further agree not to use, at any time, Licensor’s trade secret or other Confidential Information.

B.       The covenants contained in this Agreement shall survive the termination or expiration of this Agreement and shall apply regardless of whether this Agreement was terminated by lapse of time, by default, or for any other reason.

8. LIMITATIONS.

A. LICENSOR MAKES NO WARRANTIES RELATING TO THE PRODUCTS EXPRESS, OR IMPLIED, AND EXPRESSLY EXCLUDES ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. NO PERSON IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION CONCERNING THE PQAS OTHER THAN AS PROVIDED IN THIS PARAGRAPH.

B. In no event shall Licensor’s aggregate liability from or relating to this Agreement or the PQA and PQA Materials (regardless of the form of action, whether contract, warranty, tort, malpractice, fraud and/or otherwise) exceed the amount actually paid by You to Us. In no event shall Licensor be liable to You or any third party for any consequential special, indirect, incidental or punitive damages.

9. INDEMNIFICATION.

You agree to indemnify and hold Licensor harmless from any claim, damage or cause of action (inclusive of negligence, misrepresentation, error or omission) or other breaches of this Agreement by You.

10. SUBCONTRACTING AND ASSIGNMENT.

This Agreement shall be binding and inure to the benefit of the Parties hereto. Your rights are personal in nature and You shall not assign any of Your rights nor delegate any of Your obligations under this Agreement to any third Party without Licensor’s express written consent.

11. YOUR REPRESENTATIONS.

You have done your own investigation, due diligence and evaluations regarding the PQA and have made your own independent determination of its value.  No promises or representations have been made by Licensor or any of Licensor’s representatives or agents other than herein set forth.  No modifications of the term hereof shall be valid unless made in writing and executed by both You and Licensor.

12. MISCELLANEOUS.

A. Independent Contractors. The Parties are independent contractors and nothing contained in this Agreement shall be constructed to create relationship of partners, joint ventures, employer-employee or franchise-franchisee. You acknowledge that You do not have, and shall not make any representations to any third party, either directly or indirectly, that You have any authority to act in the name of or on behalf of Us or to obligate Us in any way whatsoever except as expressly provided herein. You agree not to represent that You are an agent or representative of Ours and You further agree not to use the word “agent,” or any other designation, which might imply that Licensor is responsible for Your acts.

B. Governing Law and Jurisdiction. The rights of the Parties and provisions of this Agreement shall be interpreted and governed in accordance with the laws of the District of Columbia and you agree that proper jurisdiction and venue shall be in the general courts of the District of Columbia.

  1. Waiver. The failure of either Party to enforce, at any time or for any period of time, any provision of this Agreement shall not be a waiver of such provision or of the right of such Party thereafter to enforce such provision.
  1. Amendment. This Agreement may be amended only by written instrument signed by representatives of both Parties.
  1. Headings. The paragraph headings appearing in the Agreement are inserted only as a matter of convenience and reference and in no way define, limit, construct or describe the scope or extent of such paragraph or in any way affect such a paragraph.

G. Cumulative Rights. The rights are cumulative and no exercise or enforcement by either Party of any right or remedy hereunder shall prelude the exercise or enforcement by the other of any other right or remedy hereunder which either Party is entitled by law or equity to enforce. Nothing herein contained shall be interpreted as to bar or waive the right to obtain any remedy available at law or in equity.

YOU REPRESENT, COVENANT, AND AGREE THAT LICENSOR HAS MADE NO REPRESENTATIONS OR WARRANTIES CONCERNING YOUR SUCCESS AND LICNSOR DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE SUCCESS OF THE PQA UNDER THIS AGREEMENT.

IN WITNESS WHEREOF, and by downloading and using the PQA and PQA Materials, you agree to abide by all statements made herein.