Please read the License Agreement below and complete the registration form that follows.
Job Task Analyses and Educational/Training Outlines
This is a LICENSE AGREEMENT between you, the LICENSEE, and the NATIONAL INSTITUTE OF BUILDING SCIENCES ("INSTITUTE"), 1090 Vermont Avenue, NW, Washington, D.C. 20005. By clicking on the ACCEPT AND SUBMIT button at the end of this Agreement, User and LICENSEE represent and warrant to INSTITUTE that a) all of the Registration Information entered is full, accurate and complete; b) User has full authority to enter into this LICENSE AGREEMENT on behalf of LICENSEE and to bind LICENSEE legally to its terms and conditions.
The INSTITUTE and LICENSEE agree to the following Terms and Conditions:
1. INSTITUTE owns copyright in a set of Job Task Analyses (JTAs) for four commercial building energy-related jobs, including Building Energy Auditor, Building Commissioning Professional, Building Operations Professional, and Energy Manager, for purposes of defining the key duties, tasks, knowledge, skills, and attitudes necessary to perform each of the four jobs at a high level of competence and the examination blueprint upon which to base assessments. INSTITUTE also owns copyright in Educational/Training Outlines (Outlines) describing curriculum design, course outlines, and learning objectives for the purpose of developing educational and training programs for each of the four commercial building energy-related jobs.
2. INSTITUTE grants LICENSEE a limited, nonexclusive, royalty-free license to download, reproduce, distribute to the public, display to the public, and use one or more of the Job Task Analyses (JTAs) and one or more of the Educational/Training Outlines (Outlines) solely for the purposes set forth in paragraph one (1) of this Agreement. LICENSEE may not use the JTAs or Outlines or any part thereof for purposes not expressly identified and permitted in this Agreement. This Agreement does not transfer INSTITUTE copyright or other intellectual property interests to LICENSEE.
3. LICENSEE is prohibited from i) creating derivative works based upon the JTAs or Outlines or modifying the JTAs or Outlines; ii) selling, reselling, renting or otherwise using the JTAs or Outlines for LICENSEE's own commercial purposes; and iii) assigning or any further licensing or sublicensing of the JTAs or Outlines to other persons or organizations; and iv) using the JTAs or Outlines for any purpose not expressly permitted in this Agreement.
4. LICENSEE shall identify INSTITUTE as the publisher and owner of copyright in the JTAs and Outlines. LICENSEE may not remove any copyright notice placed on a JTA or Outline document by the INSTITUTE.
5. INSTITUTE grants LICENSEE permission to use the name, trademarks, service marks and logos of the INSTITUTE , as set forth in Exhibit A to this Agreement, a) solely to indicate that the INSTITUTE is the publisher and source of the JTAs and Outlines and (b) in accord with the usage guidelines set forth in Exhibit B.
6. This Agreement, including exhibits incorporated by reference, constitutes the entire agreement between the parties related to the subject matter. The Agreement may not be modified except by a writing signed by authorized representatives of the INSTITUTE and LICENSEE. The Institute reserves to itself all rights and remedies available to it at law or in equity. If any provision of this Agreement is or becomes void or unenforceable by operation of law, all other provisions shall remain valid and enforceable. The Institute's failure to exercise any right or remedy available under this Agreement shall not be construed as a waiver of that provision, right, or remedy in any later instance.
7. This Agreement shall remain in effect until terminated by the INSTITUTE. The Institute may terminate this Agreement at any time.
8. This Agreement shall be governed by the laws of the District of Columbia.
9. Any dispute arising under or related to this Agreement or the alleged breach thereof shall be decided by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in effect at the time the arbitration is commenced. The arbitration hearing shall be held in Washington, D.C. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
10. All notices and correspondence relating to this Agreement shall be sent a) for the INSTITUTE, to Henry L. Green, President, National Institute of Building Sciences, 1090 Vermont Ave., NW, Suite 700, Washington, D.C. 20005-4950, b) for LICENSEE, to LICENSEE's contact person as set forth in the registration information.
NATIONAL INSTITUTE OF BUILDING SCIENCES
Signed: /Henry L. Green, Hon. FAIA, President
INSTITUTE Name, Trademarks, Service Marks and Logos of the INSTITUTE
NATIONAL INSTITUTE OF BUILDING SCIENCES with Design, as shown below, is a registered trademark of the Institute.
NATIONAL INSTITUTE OF BUILDING SCIENCES is also the trade name of the Institute.
COMMERCIAL WORKFORCE CREDENTIALING COUNCIL™ is a trademark and service mark of the Institute
COMMERCIAL WORKFORCE CREDENTIALING COUNCIL, a Council of the National Institute of Building Sciences™ is a trademark and service mark of the Institute
COMMERCIAL WORKFORCE CREDENTIALING COUNCIL is also a trade name identifying a Council of the National Institute of Building Sciences
Job Task Analysis Building Energy Auditor is a trademark of the Institute
Job Task Analysis Building Commissioning Professional is a trademark of the Institute
Job Task Analysis Building Operations Professional is a trademark of the Institute
Job Task Analysis Energy Manager is a trademark of the Institute
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Name an organization as a whole, as opposed to the products or services of the organization. (See "Trade Names," below.) Example: "The National Institute of Building Sciences was created by Congress in 1974" represents usage as a trade name. "The National Institute of Building Sciences" appearing on an Institute publication represents usage as a trademark.
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The Institute's registered marks and trademarks should be used with the "®", "™", or "SM" symbol as reasonably necessary to identify the product or service. The symbol need not be used every time the mark appears in the text of a publication.
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Under some circumstances, it may be appropriate to permit other persons or entities to display an Institute trademark in connection with the other's promotion or distribution of a product or service. Such permission should be granted only in the form of an appropriate licensing agreement. Trademark licensing agreements should prescribe the conditions under which the Institute's trademark(s) may be used; the proper form of the trademark to be used; an attribution requirement (e.g. "National Institute of Building Sciences" is a registered trademark of the National Institute of Building Sciences"); a right to review usage; and a right to revoke the license.
The Institute may from time to time create and claim new trademarks.