Measure your employee commitment.

Western University Terms and Conditions: COMMERCIAL USE  
IMPORTANT – PLEASE READ CAREFULLY: This License Agreement is a legally binding 
agreement between you and your employer, educational institution or organization 
(collectively “YOU”) and The University of Western Ontario (“WESTERN”) for the “TCM 
Employee Commitment Survey” and all associated documentation (together, the 
“Product”) developed by Dr. John Meyer and Dr. Natalie Allen in the Faculty of Social 
Science at WESTERN. Your use of the Product is subject to the terms and conditions set 
forth below. Please carefully read the terms and conditions of this license agreement. 
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK 
ON THE “ I Accept” BOX AT THE BOTTOM OF THIS AGREEMENT. IF YOU DO NOT AGREE 
TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE 
PRODUCT. 
1. LICENSE TO USE:
WESTERN hereby grants to YOU a non-exclusive, revocable, non-transferable, limited 
license to use the Product solely on the terms, conditions and restrictions contained in this 
Agreement. The rights granted to YOU shall, subject to the restrictions set out in Section 4, 
mean the right to use the Product for the limited purposes of assessing the commitment of 
employees to their organization in association with YOUR business, or in association with 
other businesses which you are assessing under a contractual arrangement. 
2. LICENSE FEE:
In consideration for the rights granted to YOU by WESTERN under this Agreement, YOU 
must pay to WESTERN the license fee and any applicable taxes (the “License Fee”) set out 
on the Download Summary screen, which YOU should print-out or download, and which is 
incorporated by reference into this Agreement. The License Fee shall be due and payable 
upon acceptance of the terms of this Agreement with acceptance of the terms of this 
Agreement. Neither all nor any portion of the License Fee shall be refundable to YOU under 
any circumstances. 
3. DELIVERY OF PRODUCT:
WESTERN will provide YOU with the Product via web delivery after YOU have executed this 
Agreement and WESTERN has received payment of the License Fee from YOU. 
4. OWNERSHIP & RESTRICTIONS:
The Product and any and all knowledge, know-how and/or techniques relating to the 
Product, in whole or in part, is and will remain the sole and absolute property of WESTERN 
and WESTERN owns any and all right, title and interest in and to the Product. All inventions, 
discoveries, improvements, copyright, know-how or other intellectual property, whether or 
not patentable or copyrightable, created by WESTERN prior to, after the termination of, or 
during the course of this Agreement pertaining to the Product is and will remain the sole 
and absolute property of WESTERN. No right, title or interest in or to any trademark, service 
mark, logo, or trade name of WESTERN is granted to YOU under this Agreement. Without 
limiting the foregoing YOU shall not, and shall not authorize any third party to:
make copies of the Product for any purpose other than as permitted in Section 1;
challenge the integrity of the Product or any rights of ownership or in the copyright therefor;
modify, create derivative works, or otherwise alter the Product or any part thereof for any 
purpose other than as permitted in Section 1;
distribute, sell, lease, transfer, assign, trade, rent or publish the Product or any part thereof 
and/or copies thereof, to others;
use the Product or any part thereof for any purpose other than as stated in Section 1 above;
use the Product to process any data other than Your own;
use the Product or any part thereof for any purpose other than as permitted in Section 1;
allow any other person or entity to use the Product; or
use, without its express permission, the name of WESTERN in advertising publicity, or 
otherwise.
This Product has been prepared initially in the English language, and the English version is 
the only authorized version of the Product. Any translated version is not endorsed or 
authorized by the Licensor as an official copy of the Product. Any translation of the Product 
shall require the express and prior consent of Western (direct all enquiries to 
ecomm@uwo.ca). Should permission be granted to translate the Product, Western does 
not represent or warrant that any translated versions of the Product are scientifically valid 
or appropriate for the use intended. 
5. INTELLECTUAL PROPERTY RIGHTS:
All patents, copyrights, trade secrets, service marks, trademarks and other proprietary 
rights in or related to the Product and any improvements, modifications and enhancements 
thereof are and will remain the exclusive property of WESTERN or its licensors. YOU agree 
that YOU will not, either during or after the termination of this Agreement, contest or 
challenge the title to or the intellectual property rights of WESTERN or its licensors in the 
PRODUCT or any portion thereof. 
6. ACKNOWLEDGEMENT OF WESTERN:
If YOU use or reference the Product in any publication (including scientific publications, 
electronic documents or websites) or derivative work, YOU must include appropriate 
acknowledgment of WESTERN and Dr. John Meyer and Dr. Natalie Allen as the inventors of 
the Product. 
7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES:
THE PRODUCT IS PROVIDED TO YOU BY WESTERN “AS IS”, AND YOU ACKNOWLEDGE AND 
AGREE THAT WESTERN MAKES AND HAS MADE NO REPRESENTATIONS OR WARRANTIES 
OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED 
WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE PRODUCT FOR A PARTICULAR 
PURPOSE OR THAT THE USE OF THE PRODUCT WILL PROVIDE A DESIRED RESULT, OR 
THAT THE PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR FREE OR THAT ANY 
DEFECTS IN THE PRODUCT WILL BE CORRECTED OR THAT THE USE OF THE PRODUCT 
WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS OF A 
THIRD PARTY, OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES. THE UNITED NATIONS 
CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THE 
PROVISIONS OF THIS AGREEMENT. 
IN ADDITION, NOTHING IN THIS AGREEMENT IS OR WILL BE CONSTRUED AS A 
REPRESENTATION OR WARRANTY BY WESTERN AS TO THE VALIDITY OR SCOPE OF ANY 
COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS IN THE PRODUCT. 
8. LIMITATION OF LIABILITY:
WESTERN WILL NOT BE LIABLE TO YOU, YOUR END-USERS, OR ANY OTHER PERSON OR 
ENTITY FOR ANY CAUSES OF ACTION, LIABILITY, LOSS OR DAMAGES CAUSED OR 
ALLEGED TO HAVE BEEN CAUSED, EITHER DIRECTLY OR INDIRECTLY, BY THE PRODUCT, 
OR THE USE, APPLICATION OR INTERPRETATION THEREOF. WITHOUT LIMITING THE 
FOREGOING, IN NO EVENT WILL WESTERN BE LIABLE FOR ANY LOST REVENUE, PROFIT, 
BUSINESS INTERRUPTION OR LOST DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, 
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE 
THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE 
THE PRODUCT EVEN IF WESTERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 
DAMAGES. SUBJECT TO THE FOREGOING LIMITATIONS, WESTERN’S TOTAL LIABILITY AS 
PROVED WILL BE RESTRICTED TO THE AMOUNT OF THE LICENSE FEES (IF ANY) ACTUALLY 
PAID TO WESTERN. 
9. INDEMNITY:
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS WESTERN, ITS BOARD OF 
GOVERNORS, FACULTY, STAFF, STUDENTS AND AGENTS FROM AND AGAINST ANY AND 
ALL CAUSES OF ACTION, LIABILITY, LOSS, DAMAGES, ACTION, CLAIM OR EXPENSE 
(INCLUDING ATTORNEY’S FEES AND COSTS) IN CONNECTION WITH ANY CLAIM, SUIT, 
CAUSES OF ACTION, DEMAND OR JUDGEMENT ARISING OUT OF, CONNECTED WITH, 
RESULTING FROM, OR SUSTAINED AS A RESULT OF USE OF THE PRODUCT, OR IN 
EXECUTING AND PERFORMING THIS AGREEMENT. 
10. TERM:
This Agreement commences on the date the Product is electronically or physically 
delivered to YOU and continues in effect unless it is terminated in accordance with this 
clause. YOU may terminate this Agreement at any time by ceasing use of the Product. 
WESTERN may terminate this Agreement upon giving YOU 90 days' notice, or upon its 
election to no longer make the Product available. This Agreement will terminate 
immediately without notice from WESTERN if YOU fail to comply with any provision of this 
Agreement. On termination for breach or at Western’s election, YOU must immediately 
delete and destroy all electronic and physical copies of the Product in Your possession or 
control. On any termination of this Agreement, the Disclaimer of Representations and 
Warranties, Limitation of Liability and Indemnity provisions of this Agreement shall survive, 
notwithstanding such termination. 
11. REPRESENTATIONS:
YOU represent and warrant that YOU possess the legal authority to enter into this 
Agreement, and that YOU will be financially responsible for YOUR use of the Product. YOU 
agree to be responsible for any License Fees, costs, charges and taxes arising out of your 
use of the Product. YOU are responsible for supplying any hardware or Product necessary 
to use the Product pursuant to this Agreement. 
12. JURISDICTION:
WESTERN is located in and operates from Ontario, Canada and this Agreement will be 
governed and interpreted according to the laws of Ontario and any applicable federal laws. 
YOU agree that by accepting the terms of this Agreement and using the Product YOU 
submit to the exclusive jurisdiction of the Courts of competent authority in the City of 
London, Province of Ontario, Canada. 
USE OF THE PRODUCT IS PROHIBITED IN ANY JURISDICTION WHICH DOES NOT GIVE 
EFFECT TO THE TERMS OF THIS AGREEMENT. 
13. GENERAL PROVISIONS: 
(a) YOU agree that no joint venture, partnership, employment, consulting or agency 
relationship exists between YOU and WESTERN as a result of this Agreement. 
(b) This Agreement is the entire agreement between YOU and WESTERN relating to this 
subject matter. YOU will not contest the validity of this Agreement merely because it is in 
electronic form. 
(c) No modification of this Agreement will be binding, unless in writing and accepted by 
an authorized representative of each party. 
(d) The provisions of this Agreement are severable in that if any provision in the 
Agreement is determined to be invalid or unenforceable under any controlling body of law, 
that will not affect the validity or enforceability of the remaining provisions of the
Agreement. 
(e) All prices are in Canadian dollars and prices are subject to change without notice. 
WESTERN will not be liable for any typographical errors, including errors resulting in 
improperly quoted prices on the Download Summary screen. 
(f) YOU agree to print out or download a copy of this Agreement and retain it for your 
records. 
(g) YOU consent to the use of the English language in this Agreement.