Health Care Workplace Indexes — Trademark License
Version 1.0
Published by visuaFUSION LLC, Sutherland, Nebraska
1. What This License Does
1.1 The Specification and CC BY 4.0. visuaFUSION LLC ("visuaFUSION") publishes the Health Care Workplace Indexes specification (the "Specification") at visuafusion.com/Resources/HealthCareWorkplaceIndexes under the Creative Commons Attribution 4.0 International License ("CC BY 4.0"). Under CC BY 4.0, anyone may implement the Specification, reproduce the question text and statements, and use the scoring methods for any purpose, including commercial use, with attribution to visuaFUSION. CC BY 4.0 expressly does not grant any trademark rights.
1.2 What This License Adds. This Trademark License supplements CC BY 4.0 by granting you a license to use visuaFUSION's trademarked index names when labeling scores produced by a conforming implementation of the Specification. Nothing in this License limits or replaces the rights already available under CC BY 4.0.
1.3 Acceptance. By using any Licensed Mark (defined below) you accept the terms of this License. If you do not accept these terms, you may still implement the Specification under CC BY 4.0, but you may not use the Licensed Marks.
2. Definitions
2.1 "Licensed Marks" means the following trademarks of visuaFUSION: (i) Health Care Workplace Recommendation Index; (ii) WRI; (iii) Health Care Workplace Culture Index; and (iv) WCI.
2.2 "Conforming Implementation" means a product or service that implements the Specification in full, including the protections described in the Specification (anonymity enforcement, the reporting floor, response-rate handling on anonymous windows, and frozen question text for the life of a trend). An implementation that omits or modifies any required element of the Specification is not a Conforming Implementation.
2.3 "You" means the person or entity exercising rights under this License. "Your" has the corresponding meaning.
2.4 "End User" means a hospital, clinic, organization, or individual that uses a Conforming Implementation to administer surveys or view scores, but does not itself build or distribute the implementation.
3. License Grant
3.1 Trademark License. Subject to the terms of this License, visuaFUSION grants you a non-exclusive, worldwide, royalty-free license to use the Licensed Marks solely in connection with a Conforming Implementation, for the following purposes: (i) labeling scores produced by the Conforming Implementation with the applicable Licensed Mark (for example, displaying a score as "WRI: 25"); (ii) stating in documentation, marketing materials, and other communications that your product or service implements the Health Care Workplace Indexes specification published by visuaFUSION; and (iii) reproducing the Licensed Marks in user-facing screens, reports, and exports where a score is displayed.
3.2 Downstream Use by End Users. You may permit your End Users to view, use, and reference the Licensed Marks as they appear within the Conforming Implementation and in reports or exports generated by it. End Users do not need a separate agreement with visuaFUSION. You remain responsible for ensuring that your implementation conforms to the Specification and that the Licensed Marks are used within the scope of this License.
3.3 No Fee. No license fee, royalty, or other payment is due to visuaFUSION under this License.
4. Specification Conformance
4.1 Full Conformance Required. The license granted in Section 3 is conditioned on your maintaining a Conforming Implementation at all times while using the Licensed Marks. If your implementation ceases to conform to the Specification, your right to use the Licensed Marks is automatically suspended until conformance is restored.
4.2 Updates to the Specification. visuaFUSION may update the Specification from time to time. When a new version of the Specification is published, you have twelve (12) months from the publication date to bring your implementation into conformance with the updated version. During that twelve-month period, your existing Conforming Implementation remains licensed. If you do not conform within twelve months, Section 4.1 applies.
4.3 Partial Implementation. If you use the scoring methods or question text from the Specification but omit one or more required elements, you may continue to do so under CC BY 4.0. You may not use the Licensed Marks to label your scores or describe your product.
5. Attribution
5.1 CC BY 4.0 Attribution. You shall include the attribution required by CC BY 4.0 in a reasonably discoverable location within your product or documentation. A suitable form is provided in the Specification.
5.2 Trademark Notice. When using a Licensed Mark, you shall include the trademark symbol (TM) on first or prominent use and shall include the following notice in a reasonably discoverable location: "Health Care Workplace Recommendation Index, WRI, Health Care Workplace Culture Index, and WCI are trademarks of visuaFUSION LLC. Used under the Health Care Workplace Indexes Trademark License."
6. Restrictions
6.1 No Use in Names. You shall not use any Licensed Mark, or any confusingly similar term, as or in: (i) your company name, trade name, or legal name; (ii) a product name or service name (for example, "WRI Analytics" or "WCI Platform"); or (iii) a domain name, social media handle, or app-store listing title.
6.2 No Suggestion of Affiliation. You shall not state, imply, or allow a reasonable person to conclude that you are visuaFUSION, are affiliated with visuaFUSION, are endorsed or certified by visuaFUSION, or that your product is a visuaFUSION product. You may truthfully state that your product implements the Health Care Workplace Indexes specification published by visuaFUSION.
6.3 No Modification of Marks. You shall use the Licensed Marks in the forms listed in Section 2.1 and shall not abbreviate, combine, hyphenate, translate, or otherwise alter them, except that you may use the abbreviations "WRI" and "WCI" as provided in Section 2.1.
6.4 No Conflicting Registration. You shall not apply to register, anywhere in the world, any trademark or service mark that is identical or confusingly similar to any Licensed Mark.
7. Quality Control
7.1 Self-Certification. By using the Licensed Marks, you represent and certify that your implementation conforms to the Specification in full as of the date of each use.
7.2 Right to Verify. If visuaFUSION has a reasonable, good-faith concern that your implementation does not conform to the Specification, visuaFUSION may request in writing that you provide a written description of how your implementation addresses each required element of the Specification. You shall respond within thirty (30) days of receiving the request.
7.3 Cure Period. If verification reveals a non-conformance, you shall have sixty (60) days to cure it. If you do not cure the non-conformance within that period, visuaFUSION may terminate your rights under this License by written notice to you.
8. Duration and Termination
8.1 Duration. Your rights under this License begin when you first use a Licensed Mark in accordance with this License and continue for as long as you comply with its terms.
8.2 Automatic Suspension. Your right to use the Licensed Marks is automatically suspended during any period in which your implementation does not conform to the Specification. Conformance restores the license without further action.
8.3 Termination for Breach. visuaFUSION may terminate your rights under this License by written notice if you: (i) use a Licensed Mark outside the scope permitted by Section 3 or in violation of Section 6 and do not cure the violation within thirty (30) days of written notice; (ii) fail to cure a non-conformance within the period provided in Section 7.3; or (iii) materially breach any other provision of this License and do not cure the breach within thirty (30) days of written notice.
8.4 Voluntary Termination. You may terminate your rights under this License at any time by ceasing all use of the Licensed Marks.
8.5 Effect of Termination. Upon termination, you shall stop using the Licensed Marks in all new materials, product releases, and communications within thirty (30) days. You may continue to maintain existing installations that display the Licensed Marks for a wind-down period of ninety (90) days following termination. Termination does not affect your rights under CC BY 4.0, which survive independently.
9. Ownership
9.1 visuaFUSION's Rights. visuaFUSION owns all right, title, and interest in and to the Licensed Marks. All goodwill arising from your use of the Licensed Marks inures to the benefit of visuaFUSION.
9.2 No Challenge. You shall not challenge the validity of any Licensed Mark or visuaFUSION's ownership of any Licensed Mark while exercising rights under this License or after termination.
10. Disclaimer of Warranties
10.1 visuaFUSION provides the Licensed Marks and the Specification on an "AS IS" basis. visuaFUSION makes no warranty, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement, with respect to the Licensed Marks, the Specification, or any scores produced by a Conforming Implementation.
10.2 visuaFUSION does not warrant that use of the Licensed Marks will be uninterrupted, error-free, or free from claims by third parties.
11. Limitation of Liability
11.1 To the maximum extent permitted by applicable law, visuaFUSION shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this License, regardless of the theory of liability, even if visuaFUSION has been advised of the possibility of such damages.
11.2 visuaFUSION's total aggregate liability under this License shall not exceed one hundred dollars ($100.00).
12. Indemnification
12.1 You agree to indemnify, defend, and hold harmless visuaFUSION and its officers, members, and agents from and against any claim, loss, damage, liability, cost, or expense (including reasonable attorneys' fees) arising out of or related to: (i) your use of the Licensed Marks outside the scope of this License; (ii) your failure to maintain a Conforming Implementation while using the Licensed Marks; or (iii) any allegation that your product or service (other than the Licensed Marks themselves) infringes a third party's intellectual property rights.
13. General Provisions
13.1 Governing Law. This License is governed by and construed under the laws of the State of Nebraska, without regard to its conflict-of-laws principles.
13.2 Dispute Resolution. Any dispute arising out of or related to this License shall be resolved in the state or federal courts located in the State of Nebraska. You consent to the personal jurisdiction of those courts.
13.3 Updates to This License. visuaFUSION may publish revised versions of this License. Each revised version will be given a distinguishing version number. When visuaFUSION publishes a new version, you may continue to use the Licensed Marks under the version you originally accepted, or you may accept the new version. visuaFUSION may, by notice published alongside the Specification, designate a new version as mandatory for all new uses of the Licensed Marks, effective no sooner than twelve (12) months after the designation is published.
13.4 Severability. If any provision of this License is held invalid or unenforceable, the remaining provisions continue in full force and effect.
13.5 No Agency. Nothing in this License creates a partnership, joint venture, agency, or employment relationship between you and visuaFUSION.
13.6 Entire Agreement. This License, together with CC BY 4.0 as it applies to the Specification, constitutes the entire agreement between you and visuaFUSION regarding use of the Licensed Marks and supersedes all prior or contemporaneous agreements, understandings, and communications on that subject.
13.7 Waiver. visuaFUSION's failure to enforce any provision of this License does not waive its right to enforce that provision later.
13.8 Contact. Questions about this License may be sent to info@visuafusion.com.