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Best Friends™ Dementia Care

Caregivers guide to creating memory and communication supports for people with dementia

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EULA

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END USER LICENSE AGREEMENT

IMPORTANT—PLEASE READ CAREFULLY. YOUR USE OF CAREGIVER’S GUIDE TO CREATING MEMORY AND COMMUNICATION SUPPORTS FOR PEOPLE WITH DEMENTIA AND ASSOCIATED SOFTWARE (”PRODUCT”) IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE TERMS OF THIS END USER LICENSE AGREEMENT (“EULA”). THIS EULA GIVES YOU, THE USER (“YOU”), CERTAIN BENEFITS, RIGHTS, AND OBLIGATIONS. BY ACCESSING AND USING THE PRODUCT, YOU ARE ACCEPTING THE TERMS AND CONDTIONS OF THIS EULA.

Caregiver’s Guide to Creating Memory and Communication Supports for People with Dementia, by Alyssa M. Lanzi, Ph.D., CCC-SLP, and Michelle S. Bourgeois, Ph.D., CCC-SLP (hereafter referred to as the “Caregiver’s Guide”), is made available as a PDF file located at healthpropress.com/lanzi The Caregiver’s Guide EULA is a legal agreement between You and Health Professions Press, Inc. (“HPP”), a Maryland corporation using the mailing address P.O. Box 10624, Baltimore, Maryland 21285-0624, USA. “You” refers to any individual or entity who has or gains access to use the Product. (An entity, by way of example but not exclusively, could be an individual caregiver, an adult day center, an assisted living community, a nursing home, a rehabilitation center, or other person or facility providing memory care.) By using this Product, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, You are not authorized to use this Product.

New features may be added to this Product at any time. This EULA covers the current and all future iterations of the Product. The Caregiver’s Guide is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This Product is licensed on a complimentary basis to You as a legitimate user of the Caregiver’s Guide at HPP’s sole discretion. No ownership rights are conveyed with this nonexclusive, nontransferable, revocable license.

LICENSE

HPP makes available the Product to be used by memory care providers; individual care partners or caregivers; specialists such as speech-language pathologists, occupational therapists, social workers, and activity specialists; and medical professionals such as nurses, doctors, and other health care staff in the course of their service provision for older adults receiving memory care. The Product is also intended for use by family members in the course of their care for and interactions with a loved one receiving memory care. The Product is not intended to be accessed independently by persons under the age of 13.
HPP licenses and authorizes You to access (as described below in TERMS OF USE) and use and/or download the Product or print and photocopy any pages or sections contained in the Product from a microcomputer at Your location in the course of Your or Your organization’s memory care service provision, provided that You keep intact all copyright and other proprietary notices. Printed copies may only be made from the copy You download or by clicking the PDF to open it in Your browser.
This license is granted on a limited, nonexclusive, nontransferable basis for the use of the Product on a single computer in accordance with the terms and conditions set forth in this EULA. This license is not a sale of a product to You. HPP and its licensors reserve all rights not expressly granted to You in this EULA. Unauthorized use beyond the privileges granted in this EULA is prosecutable under federal law.
The Content may not be reproduced to generate revenue for any organization, program, or individual.
This Product is the sole and exclusive property of HPP and is protected by United States and international copyright laws. HPP and its licensors own and retain all title, copyright, trademark, and other proprietary rights in the Product (except, where applicable, open source code and applications and stock images used under license). You agree to abide by the Copyright Law of the United States of America, the Digital Millennium Copyright Act, and related federal and international intellectual property laws.
Copyright law provides You with the right to make one backup copy after you download the Product. It prohibits you from making any additional copies, except as expressly permitted by HPP.
You acknowledge that the Product is subject to regulation by agencies of the United States government, including the U.S. Department of Commerce, which prohibits export or diversion of certain technical products to certain countries. You shall comply in all respects with all export and re-export restrictions applicable to the Product, its documentation, and related materials.

TERMS OF USE

By accessing and using the Product in any way, You agree to, and are bound by, the terms of use as described herein:

To access the Product, You will be asked to provide Your name and Your email address. (Please see the PRIVACY section for how we use Your information.)
The Product is not intended to be used on the HPP website but to be downloaded by You to print and use. No records or data are maintained or stored by HPP. No input or data are stored for You by HPP at com/lanzi where You locate this Product. You are responsible for how You use the materials in the Product. You are solely responsible for any mis-uses of information resulting from Your use of the Product.
You may use the Product solely to support Your own activities and for the benefit of personnel who are employed in Your setting and/or the older adults and their families that You serve. You may not provide access to the Product to, or utilize the Product on behalf of, any third party. Direct that third party to com/lanzi to access their own copy of the Product.
You agree that You will not modify, republish, transmit, transfer or sell, reproduce, prepare or create derivative works from, distribute, or display the Product or any portions of the Product, except and only to the extent that such activity is expressly permitted by this EULA, by then-current documentation accompanying the Product, or by written agreement with HPP. Such actions are not permitted under Copyright Law. (For example, You may not prepare an alternative version or format of the Product; You may not re-post one of the forms on another website that gives access to others outside Your organization or program.) If You have a disability and require access by other means, You should contact HPP Subsidiary Rights at rights@healthpropress.com for written authorization. You may not sell, rent, lease, distribute, or sublicense the Product.
You agree that You will not remove any proprietary, copyright, or other intellectual property notices from the Product or from any materials generated from use of the Product (e.g., printing and sharing any of the forms in the Product, whether filled out or blank). This Product is owned and copyrighted by Health Professions Press, Inc. Your use of the Product under this EULA confers no title or ownership in the Product and is not a sale or grant of any rights in the Product or its contents. HPP may protect its rights in the event of violation of this EULA.

PRIVACY POLICY

HPP will collect, protect, and use any personal information when You access the Product as described below:

To gain access to the Product, You will provide Your name, title (when applicable), and e-mail address (“User Data”) and check off that You have read and agree to this EULA. Your e-mail address will serve as a username. By accessing the Product, You agree that HPP may contact You periodically related to the Caregiver’s Guide and other HPP publications.
We may use Your User Data to contact You with newsletters, marketing or promotional materials, and other information that may be of interest to You. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
HPP and the vendors HPP works with take precautions to protect the confidentiality and security of the User Data collected and stored using industry-recognized security safeguards such as firewalls, coupled with carefully developed security procedures to protect Your information from loss, misuse, or unauthorized alteration.
Although HPP makes every effort to honor and protect our users’ privacy, we may need to disclose the User Data we collect, and we reserve the right to do so if required by law or in the good-faith belief that disclosure is necessary (a) to obey the law or comply with legal process served on us or our affiliates; (b) to protect and defend our rights or property; or (c) to act in an emergency to protect the personal safety of users of the Product or the public.

TECHNICAL REQUIREMENTS AND PRODUCT AVAILABITY

To use the Product, You will need an Internet browser (Firefox, Safari, Chrome, or Microsoft Edge), access to the Internet, and Adobe Reader. Meeting Technical Requirements is Your responsibility. This may include, but is not limited to, obtaining updates or upgrades from time to time in order to continue accessing the Product at com/lanzi.
HPP uses reasonable measures to provide access to the Product on its website at all times, other than during scheduled maintenance periods. Due to the nature of computer software and the Internet, it is impossible to ensure that there will be no unscheduled interruptions in Product availability, and You agree that from time to time the Product may be inaccessible or inoperable due to system errors or causes beyond the control of HPP or which are not reasonably foreseeable by HPP, including but not limited to: the interruption or failure of telecommunication or digital transmission links; hostile network attacks; network congestion; or other failures (collectively referred to as “Downtime”). HPP shall use commercially reasonable efforts to minimize any disruption, inaccessibility, and/or inoperability of the Site or Services caused by Downtime, whether scheduled or not.

TERM AND TERMINATION

The term of this EULA begins when You access the Product and download it or begin to use it and continues in perpetuity dependent on HPP’s decision to continue to make the Product available. At a future time, HPP may choose at its sole discretion to change complimentary access to access on a subscription basis or for a fee.
Without prejudice to any other rights, HPP reserves the right to terminate Your license to use the Product at any time if You fail to comply with any of the terms and conditions of this EULA. In this case, access to the Product will be discontinued and You must immediately cease use of the Product and destroy the copy(ies) You are using until such time as the breaches of terms are resolved to the satisfaction of HPP.
The following provisions of this EULA will survive the expiration or termination of this Agreement: Ownership, Limited Warranty, and Limitation of Liability.

LIMITED WARRANTY

If You have a problem with downloading the Product, You may contact HPP at marketing@healthpropress.com for assistance. HPP cannot guarantee that we will be able to assist You; you must have adequate hardware and software and adequate Internet access. Other than this representation, HPP makes no representations with regard to the Product and its content. The Product is provided “as is” and without warranty of any kind, whether express, implied, statutory, or otherwise including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. HPP does not warrant that the Product will satisfy your requirements, be accurate, always available, secure, or error-free. HPP shall not be responsible for any damage or loss of any kind arising out of or relating to Your use of the Product, regardless of whether such liability is based in tort, contract, or otherwise.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HPP, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE PRODUCT BE LIABLE FOR ANY SPECIAL, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, SUCH AS, BUT NOT LIMITED TO (i) ANY ERRORS IN, OR OMISSIONS FROM, THE PRODUCT; (ii) ANY THIRD-PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS FROM THE PRODUCT; (iii) THE UNAVAILABILITY OF THE PRODUCT ON THE HPP WEBSITE OR ANY PORTION THEREOF; (iv) YOUR USE OF, OR INABILITY TO USE, THE PRODUCT OR ACCESS THE HPP WEBSITE; (v) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE PRODUCT; OR (vi) ANY COMPUTER VIRUSES, WORMS, “TROJAN HORSES,” OR ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE THAT IS ATTACHED TO, OR MADE A PART OF, THE PRODUCT OR HPP WEBSITE BY ANY PERSON, GROUP, OR ORGANIZATION.

THIS PRODUCT MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. HPP MAY MAKE CHANGES TO THE PRODUCT AND REPOST THE PRODUCT TO ITS WEBSITE AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. ALTHOUGH HPP WILL MAKE EVERY EFFORT TO UPDATE THE PRODUCT AS APPROPRIATE, SOME OF THE PRODUCT’S CONTENT MAY FROM TIME TO TIME BE OUT OF DATE. HPP SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.

GENERAL

This EULA and other rules, policies, guidelines, and disclaimers posted in association with the Product constitute the complete agreement between You and HPP with respect to the Caregiver’s Guide and Your use of the Product. It supersedes any prior communications, advertisements, or understandings with respect to this matter. This EULA may only be modified or amended by written agreement signed by an authorized representative of HPP. To the extent that any portion of this EULA is found to be unlawful, unenforceable, or void for any reason, the remainder of this EULA shall continue in full force and effect.
This EULA shall be governed by and construed in accordance with the laws of the state of Maryland, U.S.A., without regard to its principles of conflicts of law. If You have any questions regarding this EULA, please write to Health Professions Press, Inc., P.O. Box 10624, Baltimore, Maryland 21285-0624, USA.

ACKNOWLEDGMENT
BY USING THE CAREGIVER’S GUIDE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Print a copy of this End User License Agreement for Your future reference.

Copyright © 2022 by Health Professions Press, Inc. All rights reserved.

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