Sample Toolbox License

TIPA® for ITIL® Sample Toolbox License

Version 2.2 – December 2018

The TIPA for ITIL Sample Toolbox License (the “Agreement”) applies to any individual wishing to use TIPA® and TIPA for ITIL® Sample Toolbox (“TIPA Toolbox”), as both defined below, and which are owned by Luxembourg Institute of Science and Technology, a company organized and existing under the laws of Luxembourg having its registered office at 5 avenue des Hauts-Fourneaux, L-4362 Esch/Alzette, Luxembourg (“LIST”), for noncommercial evaluation purpose as an internal assessment tool.

BY DOWNLOADING THE SAMPLE TOOLBOX AND AGREEING ON ITS TERMS AND CONDITIONS OF THE TIPAONLINE.ORG WEBSITE, THE LICENSEE AGREES TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.

  1. Definitions and Interpretation
    1. “TIPA” is (i) a framework for the assessment of IT processes with the ISO/IEC 15504-33000 series standard assessment approach, and (ii) a registered trademark of LIST.
    2. “Adaptation” means a work based upon TIPA Toolbox, provided such work is restricted to a filled-out template or a customization only for the purpose of doing assessments based on TIPA.
    3. “TIPA Toolbox” means the literary and artistic work on which the Sample Toolbox is based. It comprises any/or all of following: Standard TIPA Assessment Presentation (T1); Workload Estimation Tool (T2); Service Offer Template (T3); TIPA Method Checklist (T4); Checklist for Assessment Coordinator (T5); Checklist for Context Discovery (T6); Interview Plan Template (T7); Assessment Team Availability Template (T8); Assessment Scope Agreement Template (T9); Standard TIPA Process Assessment Model (T10); Standard TIPA Assessment Questionnaires (T11); Standard TIPA Process Rating Sheets (T12); Interview Feedback Form Template (T13); Assessment Kick-off Presentation Template (T14); Document Collection Follow-up Template (T15); Overall Profile & Analysis Template (T16); Assessment Report Template (T17); Assessment Results Presentation Template (T18); Deliverable Receipt Form Template (T19); Project Closure Report Template (T20). This license covers the specific version of these tools developed for ITIL. TIPA Toolbox is owned by LIST, protected by copyright and/or other applicable law and provided under the terms and conditions of this Ageement.
    4. “Sample Toolbox” means the subset of the TIPA Toolbox offered under the terms of this Agreement and specifically licensed as such. The Sample Toolbox is made available free of charge to the Licensee for non-commercial evaluation purpose as an internal assessment tool.
    5. “Reproduce” means to make copies of the TIPA Toolbox by any means in any medium.
    6. “Licensee” means exclusively an individual who has accepted the terms and conditions contained herein.
    7. “Person” means an individual, corporation, limited liability company, partnership, sole proprietorship, joint venture, governmental agency or any other form of organization or entity, governmental or otherwise.
    8. “Sample Toolbox License Agreement” means this Agreement together with the attached Appendix
    9. “Effective Date” means download date
    10. “Term” means the period from the Effective Date until this License is superseded by a newer version of the Agreement
  2. License Granted
    1. Subject to the restrictions and limitations provided hereunder, for the purpose of evaluating the TIPA Toolbox:
      1. Use the Sample Toolbox for the purpose of performing internal assessments;
      2. Use TIPA trademark and logo with the appropriate acknowledgement of LIST’s ownership rights as described in Appendix;
      3. Reproduce copies of the Sample Toolbox to the extent necessary for the purpose of performing internal assessments;
      4. Adapt the Sample Toolbox, subject to the restrictions and limitations provided hereunder, for the purpose of performing internal assessments;
      5. Customize the look and feel of  the Sample Toolbox, subject to the restrictions and limitations provided hereunder, for the purpose of performing internal assessments;;
    2. This License is personal to the Licensee and the Licensee shall not assign, notate, or otherwise dispose of the License or any part thereof without previous written consent in writing of LIST;
    3. The Licensee shall notify LIST in writing of any changes in the circumstances that might materially affect this License;

The Licensee acknowledges and agrees that all rights not expressly granted are hereby reserved by LIST.

3.   Conditions and Restrictions

Except as expressly provided herein, Licensee shall not, and shall not permit any Person to:

  1. Distribute, disclose, allow access to, market, rent, lease, sell, assign, sublicense, pledge, or otherwise transfer the Sample Toolbox or any Trademark use granted pursuant to Section 2 in whole or in part, to any third party;
  2. Remove or alter any copyright, trademark, or other propriety notices, legends, symbols, or labels appearing on or within the Sample Toolbox;
  3. Modify, decompose, disassemble or reverse engineer any of the Sample Toolbox components. Licensee shall reproduce on all copies of the Sample Toolbox and shall provide such notices in any software or source notes for the Product(s) all copyright, trademark and other proprietary notices, legends, symbols and labels appearing on or within the Sample Toolbox, in the same manner in which such notices were set forth in the original;
  4. Modify the references to the process assessment standard “ISO/IEC 15504” in the Sample Toolbox;
  5. Make any changes to the graphs and tables available in T1, T14, and/or T18, except with regard to the look and feel;
  6. Make any changes by means of deletion to any of the components of T4, excluding the columns entitled “status,” except with regard to the look and feel;
  7. Make any changes to any of the clauses identified in T9 as required to comply with “ISO/IEC 15504-33000”;
  8. Make any changes to the description of processes available in the Annex of T9;
  9. Make any changes to T10, except with regard to the look and feel of the tool;
  10. Make any changes to the identifiers, name and description of Base Practices (BPs) and Maturity Levels and Process Attributes available in Section II of T11;
  11. Make any changes to the identifiers, name of Generic Practices (GPs) and Work Products (WPs) available in Section II of T11;
  12. Make any changes to any of the TIPA Toolbox in the tabs titled “Profile” and “Charts EN” available in T12;
  13. Make any changes to the identifiers, name of Base Practices (BPs), Process Attributes (PAs) and Generic Practices (GPs) available in T12;
  14. Make any changes, by deleting or adding a column or line, to the formulas available in T12;
  15. Make any changes to the name of maturity levels, Process Attributes and Processes, and legends available in the tab entitled “Overall Profile” in T16;
  16. Make any changes to clauses available and identified in T17 which are required for the compliance with “ISO/IEC 15504-33000”;
  17. Make any changes to the name of the Phases available in T20;

Any improvements or enhancements made to TIPA are vested in LIST.

4.   Quality Control

N.A.

5.   Use of the Trademarks and copyright material

  1. The Licensee is only permitted to reproduce and use trademarks and copyright materials in relation to the toolbox use as defined in Clause 2.
  2. The Licensee shall not market, distribute or use the Sample toolbox in any way which is unsuitable or inappropriate and which would or might materially damage the reputation or image of LIST or which would or might be regarded as constituting derogatory treatment of the trademarks or copyright material.
  3. Whenever the trademarks are used by the Licensee such use shall be accompanied by wording and clear marking in accordance with the guidelines defined in Appendix.
  4. No Other Use. Licensee may not use the Sample Toolbox except as expressly permitted under this Agreement. Licensee may not make any use of the TIPA trademarks except as set forth in Section 5. Any other use (including, without limitation, in press releases or advertising, promotional or publicity materials of the Sample Toolbox or trademarks shall be subject to the prior written consent of LIST in LIST’s sole discretion.

6.    Representations, Warranties and Disclaimer

UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LIST OFFERS UNDER THE TERMS OF THIS AGREEMENT SAMPLE TOOLBOX AS-IS AND MAKES NO REPRESENTATION OR
WARRANTY OF ANY KIND CONCERNING SAMPLE TOOLBOX, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, REPRESENTATION OR WARRANTY OF TITLE,
MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO THE LICENSEE IN SUCH JURISDICTIONS. THE ENTIRE RISK AS TO THE USE OF SAMPLE TOOLBOX IS WITH THE LICENSEE.

7.   Limitation on Liability

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LIST BE LIABLE TO THE LICENSEE ON ANY LEGAL BASIS OR THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF SAMPLE TOOLBOX, EVEN IF LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY IN SUCH JURISDICTIONS.

8.   Term and Termination

  1. The Agreement shall enter into force upon acceptance of the terms and conditions on the TIPAonline.org website by the Licensee with effect from the Effective Date and remain valid for the Term of the Agreement.
  2. Notwithstanding any other rights or remedies conferred upon LIST under this Agreement, LIST may terminate this Agreement by immediate written notice in the event of breach by the Licensee of the terms of this Agreement which is not capable of remedy.
  3. LIST reserves the right to license Sample Toolbox under different license terms or to stop distributing Sample Toolbox at any time, provided, however, that any such election will not serve to terminate this Agreement, and this Agreement will continue in full force and effect subject to its terms and conditions.

9.   Effect of Termination

In the event of termination or expiry:

  1. the Licensee shall immediately discontinue all use of Sample Toolbox that is provided under the terms of this license;
  2. the Licensee shall immediately delete all version of the Sample Toolbox under his possession.

10.   Miscellaneous

  1. This Agreement shall be governed and construed in accordance with the laws of Luxembourg, so shall be all matters by and between the Licensee and LIST and arising from or connected with this Agreement. Any dispute of whatever nature in respect of or arising out of this Agreement, including disputes as to its existence, validity, interpretation, performance and enforcement, and even those which arise after its termination, shall be settled amicably. If such a settlement fails, the dispute shall be finally settled by the competent courts of Luxembourg, which shall have exclusive jurisdiction.
  2. Should one or more provisions of this Agreement be invalidated or declared as such following a final decision of a competent court, it is understood that all of the remaining provisions shall remain in full force and scope.
  3. Sample Toolbox may use or make references to third party intellectual property, such as Trademarks. The Licensee explicitly acknowledges that such intellectual property remains the ownership of its respective owners.
  4. ITIL® is a registered trade mark of Axelos Limited.
  5. IT Infrastructure Library® is a registered trade mark of Axelos Limited.
  6. References. LIST may identify Licensee as a Toolbox Use Licensee in print, audio, and electronic advertising and promotional materials. With Licensee’s prior written consent, LIST may also display Licensee’s logo in print and electronic advertising and promotional materials, including on the TIPA websites, to identify Licensee as a licensee of TIPA. Licensee may truthfully state that it uses the Sample Toolbox with the permission of LIST. Licensee may not claim or imply that LIST has endorsed, approved or sponsored Licensee or any of its Products, or any other products or services of Licensee.

APPENDIX

The following wording as appropriate shall accompany any use of the Trademarks by the Licensee

Trademark Title and symbology Trademark Acknowledgement Statements
TIPA® TIPA is a Registered Trade Mark of Luxembourg Institute of Science and Technology.