NovoPsych Psychometric Assessment Licence Agreement

Updated September 2024

This License Agreement (“Agreement”) governs the use, distribution, and modification of psychometric assessments (“the Assessment”) created by NovoPsych Pty Ltd (“NovoPsych”). This Licence Agreement not applicable to measures or scales NovoPsych has not authored. This Agreement is designed to align with open-source principles while providing specific limitations. By downloading or accessing the Assessment, you agree to the terms of this agreement.

Assessments under this licence.  
– Maladaptive Schema Scale (MSS)
– NovoPsych Five Factor Personality Scale (NFFP-30)

1. License Grant: NovoPsych grants you a worldwide, non-exclusive, license to use, administer, copy, distribute, and modify the Assessment, subject to the terms and conditions of this Agreement.

2. Permitted Uses:

• Use in healthcare Settings: Mental health practitioners are free to use, copy and modify the Assessment for use in healthcare settings.
• Non-Commercial Use: You are free to use, copy and modify the Assessment for non-commercial, health, and academic purposes.
• Research use: Researchers are free to use, copy, distribute, modify and created derivate works of the Assessment, and to disseminate and publish works based on or including the Assessment.
• Commercial Use: Practitioners and organisation may use the Assessment for commercial purposes, provided that:
  • Your use of the Assessment does not exceed 1,000 instances per calendar year, where one use is defined as one administration of the assessment
    OR
  • If integrating the Assessment into software or website, no more than 100 users, visitors, practitioners or individuals have access to the Assessment via the software in any Calendar year.

3. Attribution and Derivative Works:

• Distribution of Derivative Works. The licensee is granted the right to distribute, publicly display, and perform derivative works created from the Assessment, provided that such derivative works comply with the terms of this Agreement
• Attribution and ShareAlike: If you use or publish the Assessment, or modify or create a derivative work based on the Assessment, you must:
  A. Provide appropriate credit to NovoPsych as the original creator, using the full developer reference provided about the specific assessment, and link to the specific URL where NovoPsych has published the Assessment.
  B. Distribute your derivative work under the same terms as this Agreement, including the ShareAlike requirement.
  C. NovoPsych must be informed about Derivative works via email if they are distributed to more than 100 individuals.

4. Restrictions:

• Commercial Use Limits: If your commercial use exceeds the limits specified in Section 2, you must seek a separate licence from NovoPsych, which will be granted on a case-by-case basis.

5. No Additional Permissions Required: You may use the Assessment without seeking additional permissions, provided that your use complies with the terms of this Agreement.

6. Intellectual Property:

• Ownership: NovoPsych retains all rights, title, and interest in and to the Assessment, including all intellectual property rights. This Agreement does not transfer ownership of any rights to you.
• Derivative works. NovoPsych can use any derivate works of the Assessment without restriction.

7. Disclaimer of Warranties: The Assessment is provided “as is,” without warranty of any kind, express or implied, including but not limited to the warranties of fitness for a particular purpose. In no event shall NovoPsych be liable for any claim, damages, or other liability, whether in an action of contract, tort, or otherwise, arising from, out of, or in connection with the Assessment or the use or other dealings in the Assessment.

8. Limitation of Liability: To the maximum extent permitted by applicable law, NovoPsych shall not be liable for any damages arising out of the use or inability to use the Assessment.

9. Termination:

• Automatic Termination: This license will terminate automatically if you fail to comply with any of its terms.
• Discretion: NovoPsych can terminate the agreement at its discretion, with 30 days notice, for any reason including those other than breach.
• Survival: The rights and obligations under Sections 6, 7 and 8 shall survive termination of this Agreement.

10. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law principles.

11. Entire Agreement: This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings with respect to that subject matter.

12. Amendment: NovoPsych reserves the right to amend this Agreement at any time, with the amended terms taking effect upon posting on NovoPsych’s website or other notice to users.

13. Monitoring and Accountability. NovoPsych may monitor the usage of the Assessment and has the right to audit any user to check if they exceed any limits set out in this agreement or comply with the license agreement.