SHIFT-Depression® Inventory Binding License Agreement and Disclaimer

(1) Licensee: By accepting the terms of this Licence, you are stating that you are a qualified health care practitioner and that you will use the SHIFT-Depression® Inventory ONLY in your bona fide health care practice.

(2) License: Subject to the terms and conditions of this agreement, The licensor, Helen C. Vidler grants to the licensee a non-exclusive cost free license to use the Self-Help Inventory For Treatment of Depression, SHIFT-Depression® Inventory (2005), Part A: ‘Things connected to your sadness or depression, Part B: Things that may help to alleviate your sadness or depression, Part C: ‘Things that have helped to alleviate your sadness or depression, and Part D: ‘Your experience of health care services involved in your treatment’, ONLY in connection with their bona fide health care practice. The licensor retains all rights to the intellectual property of the Inventory.

(3) Intellectual Property & SHIFT-Depression® Inventory: Means any and all technology (which expression includes, without limitation, intellectual property rights processes, formulae, designs, reports, drawings, specifications, software, know-how and research data and where the context so requires, apparatus and equipment utilising the same) in respect of all trade marks, copyright, layouts (including the ordering and sequencing of items), and registrable designs. The SHIFT-Depression® Inventory (2005) is the registered trademark for the Self-Help Inventory For the Treatment of Depression.

(4) Modifications: The licensee may NOT modify, translate into other languages, change the context, wording or organisation of the SHIFT-Depression® Inventory (in four parts) or create any derivative work based on them. The licensee may put the SHIFT-Depression® Inventory into other written, NON-Electronic, NON-computerized, NON-automated formats provided that the content, wording or organisation are NOT modified or changed.

(5) Copying: Any and all copies of the SHIFT-Depression® Inventory made by the licensee must include the copyright notice, trademark and other notices (such as the disclaimer) and credits on the SHIFT-Depression® Inventory. Such notices may not be deleted, omitted, obscured or changed by the licensee. The licensor reserves all moral rights to the Intellectual Property and requires that the licensee correctly attribute authorship of the Intellectual Property at all times.

(6) Use and Distribution: The SHIFT-Depression® Inventory may only be used and distributed by the licensee in connection with the licensee’s bona fide health care practice and may not be used or distributed for any other purpose. A separate license is available for using the SHIFT-Depression® Inventory for research. Paper versions of the SHIFT-Depression® Inventory may be copied ONLY for use in connection with the bona fide health care practice of the licensee to this agreement.

(7) Commercialisation: The licensee gives an undertaking that they will NOT commercialise the SHIFT-Depression® Inventory.

(8) Responsibility: Before using or relying on the SHIFT-Depression® Inventory it is the responsibility of the licensee to ascertain the suitability of the SHIFT-Depression® Inventory for any and all uses made by the licensee. The SHIFT-Depression® Inventory is not a diagnostic tool and should not be used as such. The SHIFT-Depression® Inventory is not a substitute for an independent professional evaluation. Any and all reliance on the SHIFT-Depression® Inventory by the licensee is at the sole risk and responsibility of the licensee. The licensee indemnifies the licensor against, and holds them harmless from, any and all claims and lawsuits arising from or relating to any use of or reliance on the SHIFT-Depression® Inventory. This obligation to indemnify and hold harmless includes a promise to pay any and all judgments, damages, barristers and solicitors fees, costs and expenses arising from any such claim or lawsuit.

(9) Disclaimer: The licensee accepts the SHIFT-Depression® Inventory and associated products ‘as is’ without any warranty of any kind. The licensor, Helen C Vidler, disclaims any and all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The licensor does not warrant that the SHIFT-Depression® Inventory is without error or defect. The licensor shall not be liable for any consequential, indirect, special, incidental or punitive damages. The aggregate liability of the licensor 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 the licensor. This license agreement, and sections 8 and 9 in particular, define mutually agreed upon allocation of risk. The fee reflects such allocation of risk.

The licensee is made aware that the SHIFT-Depression® Inventory is not offered as a diagnostic measure of depression nor as a treatment for depression. The SHIFT-Depression® inventory has been designed for women to complete as part of a consultation with their health care practitioner for example, psychologist, counsellor, social worker, doctor etc. at that time. It is not designed for women to complete in isolation.
By the licensee using the SHIFT-Depression® Inventory in their bona fide professional practice they should also be aware that the SHIFT-Depression® Inventory is not a substitute for face to face psychological evaluation and may only provide a complimentary function to the professional assessment and ongoing treatment being provided by the licensee.

(10) Entire Agreement: This agreement is the entire agreement of the parties in relation to the SHIFT-Depression® Inventory.

(11) Governing Law: This agreement is made and entered into in the State of New South Wales, Australia and shall be governed by the laws of the State of New South Wales. In the event of any litigation or arbitration between the parties, such litigation or arbitration shall be conducted in New South Wales, Australia and the parties hereby agree and submit to such jurisdiction and venue.

(12) Modification: This agreement may not be modified or amended.

(13) Transferability: This agreement may not be transferred, bartered, loaned, assigned, leased or sold by the licensee.

(14) Violations: Violations of any provision or stipulation of this agreement will result in immediate revocation of this license. Punitive damages may be assessed.

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Women’s Comments after using the SHIFT-Depression® Inventory

‘It stares you in the face, the reasons …why you became depressed!’

‘The questions are very clear. You go ‘Oh wow! …I’d forgotten about that (issue).’

‘Oh, I didn’t realise that was such an issue for me!’

‘That helps me understand some things now.’

‘It covers so many areas and connects things.’

‘It feels positive to think about what things could help me and gives me some direction.’

‘I feel more optimistic after focusing on what things might help to alleviate my depression.’