Performance Metrics - Single User
Copies of the SRS and ORS forms are provided free-of-charge to individual mental health practitioners. To download your copy of the ORS & SRS, you must read tis agreement before proceeding with the checkout process:
ORS and SRS Binding License Agreement
- Licensee: By downloading or by any other means acquiring the measures, you or you and your constituents, are hereby licensed by Performics Metrics, LLC (hereafter PM) or its designee to use the ORS and SRS, and by virtue of downloading or otherwise acquiring, are the “licensee” under this agreement.
- ORS and SRS: The ORS and SRS means any and all paper and pencil or electronic versions of the outcome and process measures, progress and process tracking systems, outcome and process screening, and outcome and process prognosis measurement.
- License: Subject to the terms and conditions of this agreement, PC grants to the licensee a license to use the ORS and the SRS in connection with the licensee’s bona fide health care practice. The measures, administration and scoring manual, and any and all electronic versions or scoring products associated with the ORS and SRS may NOT be copied, transmitted, or distributed by the licensee. Paper and pencil versions of the ORS and SRS may be copied for use in connection with the licensee’s bona fide health care practice.
- Modifications: The licensee may NOT modify, translate into other languages, change the context, wording, or organization of the ORS and SRS or create any derivative work based on them. The licensee may put the ORS and SRS into other written, non-electronic, non-computerized, non-automated formats provided that the content, wording, or organization are not modified or changed.
- Copies, Notices, and Credits: Any and all copies of the ORS and SRS made by the licensee must include the copyright notice, trademarks, and other notices and credits on the ORS and SRS. Such notices may not be deleted, omitted, obscured or changed by the licensee.
- Use, distribution, and changes: The ORS and SRS may only be used and distributed by the licensee in connection with licensee’s bona fide health care practice and may not be used or distributed for any other purpose.
- Responsibility: Before using or relying on the ORS or SRS it is the responsibility of the licensee to ascertain the suitability of the ORS and SRS for any and all uses made by the licensee. The ORS and SRS are not diagnostic tools and should not be used as such. The ORS and SRS are not substitutes for an independent professional evaluation. Any and all reliance on the ORS and SRS by the licensee is at the licensee’s sole risk and is the licensee’s sole responsibility. Licensee indemnifies PM and it’s officers, directors, employees, representatives, and authors of the ORS and SRS against, and hold them harmless from, any and all claims and law suits arising from or relating to any use of or reliance on the ORS and SRS and related products provided by PC. This obligation to indemnify and hold harmless includes a promise to pay any and all judgments, damages, attorney’s fees, costs and expenses arising from any such claim or lawsuit.
- Disclaimer: Licensee accepts the ORS and SRS and associated products “as is” without any warranty of any kind. PM disclaims any and all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PM does not warrant that the ORS and SRS are without error or defect. PC shall not be liable for any consequential, indirect, special, incidental or punitive damages. The aggregate liability of PM for any and all causes of action (including those based on contract, warranty, tort, negligence, strict liability, fraud, malpractice, or otherwise) shall not exceed the fee paid by the licensee to PM. This license agreement, and sections 7 and 8 in particular, define a mutually agreed upon allocation of risk. The fee reflects such allocation of risk.
- Construction: The language used in this agreement is the language chosen by the parties to express their mutual intent, and no rule of strict construction shall be applied against any party.
- Entire agreement: This agreement is the entire agreement of the parties relating to the ORS and SRS.
- Governing Law: This agreement is made and entered into in the State of Illinois and shall be governed by the laws of the State of Illinois. In the event of any litigation or arbitration between the parties, such litigation or arbitration shall be conducted in Illinois and the parties hereby agree and submit to such jurisdiction and venue.
- Modification: This agreement may not be modified or amended.
- Transferability: This agreement may not be transferred, bartered, loaned, assigned, leased, or sold by the licensee.
- Violations: Violations of any provision or stipulation of this agreement will result in immediate revocation of this license. Punitive damages may be assessed.