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Additionally, Company has rights to certain registered domain names in which it has a proprietary interest. The domain names are subject to the same restrictions as recited above and in the linking terms. Company claims rights in the following domain names: “valideval.com”. Company claims rights in the following Twitter account: “@valideval”.
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Valid Evaluation Inc. (“Company”) – Contact Information:
READ THIS END USER LICENSE AGREEMENT (“AGREEMENT” OR ALTERNATELY, “EULA”) CAREFULLY BEFORE ACCESSING AND/OR USING THE LICENSED SOFTWARE PRODUCT AND/OR LICENSED COHORT SERVICE PRODUCT AND RELATED DOCUMENTATION, IF ANY, (COLLECTIVELY, THE “PRODUCT”). THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN “LICENSEE” OR “CUSTOMER” OR AUTHORIZED “END-USER” AND “LICENSOR” OR “VALID EVAL” (VALID EVALUATION, INC.). IF THE SOFTWARE/COHORT SERVICE PRODUCT IS ACCESSED AND/OR USED, LICENSEE IS DEEMED TO HAVE UNCONDITIONALLY ACCEPTED THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. FURTHER, BY CLICKING “AGREE” AT THE END OF THIS DOCUMENT, LICENSEE HAS DEMONSTRATED LICENSEE'S UNCONDITIONAL ACCEPTANCE OF THIS AGREEMENT AND THIS AGREEMENT IS EFFECTIVE AS OF THAT DATE (“EFFECTIVE DATE”). IF LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT (AS DEMONSTRATED BY CLICKING “DO NOT AGREE”), LICENSEE IS NOT AUTHORIZED TO ACCESS AND/OR USE THIS SOFTWARE/COHORT SERVICE PRODUCT; AND AS A RESULT, LICENSEE SHALL IMMEDIATELY CEASE ACCESS TO AND/OR USE OF THE SOFTWARE/COHORT SERVICE PRODUCT. FOLLOWING THE ELECTION OF “DO NOT AGREE”, LICENSEE WILL RECEIVE A FULL REFUND, IF SO PAID, OF ANY FEE PAID AS PROVIDED UNDER THE TERMS OF THE QUOTE, WHICH TERMS ARE FOUND AT HTTPS://WWW.VALIDEVAL.COM AND WHICH TERMS ARE INCORPORATED HEREIN BY REFERENCE. THIS AGREEMENT, IF ACCEPTED, AND ANY AGREEMENTS AND TERMS AND CONDITIONS INCORPORATED BY REFERENCE REPRESENT THE COMPLETE AGREEMENT BETWEEN LICENSEE AND LICENSOR CONCERNING THE SOFTWARE/COHORT SERVICE PRODUCT, AND IT SUPERSEDES ANY PRIOR OR CONCURRENT AGREEMENT, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES (EXCEPT LICENSOR'S COHORT SERVICE AGREEMENT (“CSA”) WHEN FULLY EXECUTED BY LICENSOR AND LICENSEE, IF APPLICABLE), INCLUDING BUT NOT LIMITED TO ANY ASSOCIATED LICENSEE PURCHASE ORDER TERMS AND CONDITIONS UNDER WHICH THE SOFTWARE/COHORT SERVICE PRODUCT WAS OBTAINED UNLESS OTHERWISE AGREED IN WRITING.
Licensor and Licensee may be alternatively referred to as party, individually, and parties, collectively.
It is acknowledged by Licensee and Licensor that Licensee is either: i) a sole individual (“user”) or ii) a legal entity, in which case, it is the legal entity and not the employee, agent or representative (“users”) of Licensee that is entering into this Agreement. Further, in the case of a legal entity, Licensor acknowledges that Licensee may have multiple authorized and recognized users networked and/or residing at various Licensee physical locations that may access and use the Product on behalf of and for the benefit of Licensee, and that such users will unconditionally bind Licensee to this Agreement. Notwithstanding the foregoing, Licensee assumes the entire responsibility and liability to verify Licensee's authorized and recognized users that access and utilize the Product. Further, Licensee may have already accepted a version of the terms and provisions in this Agreement by signing a separate agreement; and therefore, i) the “individual user” or ii) the “employee, agent or representative users of Licensee” must make inquiries to determine if such other agreement exists. If none exists, any action as recited above by an “individual user” or “employee, agent or representative users” binds Licensee to this Agreement. If an agreement has been signed by an authorized and recognized representative of Licensee, this Agreement shall be considered to contain the entire understanding of Licensee and Licensor relating to the subject matter recited herein and this Agreement shall supersede all prior or contemporaneous, conflicting or additional communications or agreements, whether oral or written, between Licensee and Licensor relating to the subject matter recited herein except if otherwise agreed to in writing. This Agreement and the referenced terms and conditions and/or any referenced additional agreements are incorporated herein by reference, apply to the availability and use of the Product. Licensee reserves the right to cancel any order for the Product, at any time, prior to any access and/or use of the Product.
The following definitions apply to this Agreement:
“End-Users” mean “Organizers,” “Judges,” and/or “Teams&edquo; identified and authorized by the Customer through the “Program Manager” to use the “Cohort Services” on Customer's behalf and for Customer's benefit solely in connection with an identified “Cohort” in accordance with this Agreement and where such End-Users are authorized to access and use the “Cohort Services” in connection with “Cohort Activity.”
“Program Manager” means a Customer selected individual, entity or organization that assumes the obligation to authorize End- Users for participation in a “Cohort” and implementation of associated “Cohort Activity” under a validly executed EULA in connection with Cohort Services.
“Cohort Services” or alternately, “Product” means service functionality that provides assessment, decision support and “Feedback” delivery for authorized End-Users, who have entered into validly executed EULAs, for an identified Cohort, which allow End-Users to use and access “Rubric” content, engage in Cohort Activity, and input certain data and information associated with the Cohort by accessing the Cohort Services via a Hosted System utilizing Hosted Software. In particular, the services facilitate the End-User data and/or information input by, transmitted to, loaded into, stored in, or processed by the Hosted Software residing on the Hosted System that results from Cohort Activity associated with “Rubrics” meeting the requirements of “Rubric Certification”.
“Teams” mean individuals, organizations or entities having a point of contact, as appointed by the Program Manager, who are End-Users under executed EULAs, that “perform” during the Cohort Activity associated with the identified Cohort under a Quote wherein performance generates performance data and information associated with Cohort Activity for processing by the Cohort Services.
“Judges” mean at least one individual, who is an End-User under an executed EULA, that is a subject-matter expert or a subject matter qualified individual, for the identified Cohort under a Quote to generate and record “Scores”. Judge End-Users are appointed by the Program Manager to assess Teams' performances.
“Organizers” mean at least one individual, as appointed by the Program Manager, that is an End User under an executed EULA, leading the Cohort Activity of the identified Cohort, identifying participating Teams and Judges to engage in Cohort Activity, and assessing the Cohort Activity of the identified Cohort.
“Cohort” means one specifically identified event, grant-making cycle, class, group, gathering or program as identified by Customer in the Quote for selected Cohort Services. Each identified Cohort identifies a Program Manager that facilitates the engagement of Organizers, Teams and Judges.
“Cohort Activity” means all of the activities associated with a specifically identified Cohort under a Quote as implemented by the Program Manager and/or Organizers consistent with Customer's Quote description of Cohort Services for Cohort activities and the granting of certain authorized rights to the Customer, subject to the restrictions recited herein, to perform the relevant Cohort activities. These activities include, subject to the restrictions recited in this Agreement: i) the promotion of the identified Cohort by Customer, Program Manager or Organizers; ii) the participation, as applicable, by Program Manager and/or Organizers in the associated Cohort Activities for the identified Cohort; iii) the recruitment by the Program Manager of Organizers, Teams and Judges to participate in the identified Cohort; iv) the right of use, disclosure and dissemination of “Evaluations”, “Scores”, “Feedback”, “Consensus Reports” and “Profile Data” exclusively and solely for the identified Cohort; v) the right of disclosure and dissemination of the “Rubric” and / or “Performance Artifact Template” exclusively and solely for the identified Cohort; iv) the process of matching Teams to Judges for the purposes of assessment for each “Round of Evaluation” associated with the Cohort; vi) the production of Scores by Judges associated with the Cohort; vii) the analysis of data and information provided by the Teams and Judges in the form of Evaluations, Phase Summaries and Consensus Reports; and viii) the delivery of “Feedback” to Teams.
“Rubric” means the sophisticated scoring format of evidence-based assessment guidelines appearing in a matrix. Rubrics are subject to “Rubric Certification” by Valid Eval as validated for use in a “Phase” within a specified Cohort. A Cohort Activity includes disclosure and dissemination of one or more Rubrics, provided that the Rubrics identified with a Phase are used for the Cohort. Each Rubric has one or more Rubric dimensions, each of which is subject to a dimension score (recorded numerically) by a Judge after the Judge's assessment of a given performance; and each Rubric dimension has one or more Rubric subdimensions, each of which is subject to a qualitative click defining the Judge's view of that aspect of a performance's quality. Each Rubric has a scoring weight that is associated with each Rubric dimension. The overall quantitative value of a given Score is the weighted average of the recorded dimension scores. The foregoing provides Score(s) to prepare “Performance Artifacts”.
“Rubric Certification” means the process by which Valid Eval produces an appropriate Rubric for use with a specific or identified “Phase” for the identified Cohort. All Rubrics deployed within a Cohort Activity must be certified by Valid Eval as applicable and suitable for purpose of the goals or objectives of a Cohort.
“Score” means a single Judge's assessment of a single Teams' performance during a “Phase” using a single Rubric. The assessment data and information input are organized utilizing the Rubric. The Judge provides both qualitative and quantitative assessment inputs, optionally including “Score Comments”.
“Score Comments” mean free-form comments or remarks entered by a Judge during the generation of a Score.
“Evaluation” means the analysis data generated from a collection of all Scores on a specific Team from Judges recorded during a particular “Phase”. Evaluations are created by the Hosted Software based on the Scores provided by the Judges.
“Profile Data” means personally identifiable information (“Personal Information”) that is any data or information that could potentially identify an individual and therefore, distinguish one person from another and can be used for de-anonymizing anonymous data of End-Users, including Program Manager, Organizers, Teams or a Judges directly associated with a Cohort, as defined by the Customer under a Quote or requested by the Program Manager. The Customer, or the Program Manager, is responsible for selecting what type of Personal Information to include in the Profile Data forms, which are captured when the Program Manager, Organizers Teams and Judges participate in the Cohort Activity.
“Feedback” means anonymized Scores and Evaluations delivered to Teams designed to help explain Cohort factors and characteristics applicable to the Cohort and associated Cohort Activity and to deliver structured, prioritized and actionable direction for improvement or confirmation of direction. Feedback delivered to Teams includes only Scores and Evaluations recorded to the Team directly associated with the Cohort and Cohort Activity. Feedback comprises Scores and Evaluations at the conclusion of a “Round of Evaluation”.
“Phase” means a defined window of time during which Scores of Teams are recorded by Judges using the sole - associated Rubric during a given “Round of Evaluation.”
“Phase Summary” means the data and statistics summarizing and analyzing all of the Scores and Evaluations in a given Phase.
“Round of Evaluation” means the collection of Scores, Evaluations and Phase Summary(ies) for a Phase(s), which occurred concurrently during a time bounded period of assessment of a Teams' performance in connection an objective or goal of a Cohort and associated Cohort Activity. A Round of Evaluation is either comprised of a single Phase, or it is a “Faceted Round of Evaluation”.
“Faceted Round of Evaluation” means a Round of Evaluation that involves two or more concurrent Phases where by the data from each Phase are combined to facilitate decision-making.
“Consensus Meeting” means the collaborative process to review and analyze “Consensus Reports,” Evaluations, and Scores associated with a given Round of Evaluation.
“Performance Artifact” means a work product, whether in tangible or intangible form, associated with the Cohort Activity produced by a Team and provided by that Team for assessment during the Cohort Activity.
“Performance Artifact Template” means a template formatted for inputs by a Team in connection with Cohort Activity. The Performance Artifact Template is produced by Valid Eval for the Cohort for an associated Rubric.
“Hosted Software” means the standard commercially available Valid Eval software that functions to support the Cohort Services, as specified in the Quote.
“Hosted System” means the server(s) and computer network(s), including the cloud-based access and use, that provides the Program Manager and authorized End Users to remotely access the Hosted Software for the provision of Cohort Services obtained by the Customer.
“Third-Party Products” means hardware or software provided from third parties that facilitates the Cohort Services, and which warranties and obligations are passed through directly to Customer under the Quote.
“Consensus Reports” mean formatted outputs of Phase Summary, Evaluations, Scores, and any other performance information.