Recommendations for Use

Measuring Quality.

When using any of the PQAs, we recommend that you consult the Youth Program Quality Assessment Handbook and that you, or someone on your team, consider attending a one-day PQA Basics training. Evidence concerning the reliability and validity of the PQAs was produced using very specific methods and the handbook and training are endorsed by the Weikart Center as an introduction to these methods. In applications of the PQAs where rater precision is required, additional external assessor training and supports are available and recommended.

Improving Quality.

When the PQAs are used as part of the Youth Program Quality Intervention (YPQI), the quality of staff instruction is known to improve. For quality improvement applications of the PQAs, we recommend the YPQI sequence of four core practices – quality assessment, improvement planning, performance feedback, and staff training for specific instructional skills – be implemented by site-based teams. Training and technical assistance supporting the YPQI are available from the Weikart Center.

Plain Text Agreement

You agree to the following terms when you download the PDFs for the Program Quality Assessments. You do not have permission to sell copies of the PQAs. You do not have permission to make any derivative materials using any part of the content within without explicit written permission from the Forum for Youth Investment. You are permitted to print, copy, and share the tool within your organization or program, so long as the End User License Agreement on the back page of the tool remains intact.

Full Agreement

END USER LICENSE AGREEMENT: Program Quality Assessment

THIS IS AN AGREEMENT (THE “AGREEMENT”) GOVERNING YOUR USE OF THE FORUM FOR YOUTH INVESTMENT’S PROGRAM QUALITY ASSESSMENT (HEREAFTER, THE “PQA”). THE FORUM FOR YOUTH INVESTMENT (“LICENSOR” OR “US”) AS OWNER OF THE PQA IS WILLING TO PROVIDE LICENSEE  (REFERRED TO HEREIN AS “YOU”) (TOGETHER, THE “PARTIES” AND EACH A “PARTY”) WITH THE PQA IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.

IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE PQA.

PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE PQA.

1. DEFINTIONS.
   1. The client, referred to herein as “You,” is the entity, organization, or person which downloads the PQA in accordance with the license grant below.
   2. Confidential Informati “Confidential Information” as used herein means information in any form or medium (whether oral, written, electronic or other) that is marked or labeled as ”confidential” or “proprietary,” information You should reasonably know to be confidential or proprietary to Licensor under the circumstances of disclosure, and any nonpublic information, proprietary techniques, standards, techniques, forms, rubrics, procedures, information and instructions pertaining to the PQA and other matters subject to this Agreement which are disclosed by Licensor to You.
   3. “PQA” refers to a family of observational assessment tools designed to assess the quality of youth programs and to identify staff training needs, in addition to all intellectual property and materials provided within such tools, including but not limited to all education and instruction books, charts, disks, forms, activity props, workbooks, and related materials. The term “PQA” also includes the following:
      1. Youth PQA. A validated observational assessment for programs that serve youth in grades 4 – 12.
      2. School-Age PQA. A PQA designed for programs that serve children in grades K – 6.
      3. Social and Emotional Learning PQA. A PQA designed for programs with an explicit focus on supporting social and emotional learning that serve youth in grades K-12.
      4. Summer Learning PQA. A PQA designed for summer learning programs.
      5. Organizational Quality Assessment (OQA). A quality assessment focused on organizational practices that set the stage for quality.
      6. Supplemental PQAs. All other PQA forms and supplements are inclusive of PQA.
2. LICENSEE RIGHTS.
   1. This license confers upon You a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license and right to access, reproduce, and otherwise use the PQAs solely for Your non-public, non-commercial, internal use at a single location for the benefit of Your organization, conditioned on Your continued compliance with all provisions of this Agreement. Under no circumstances do You have the right to contract with additional organizations for their use of the PQA or to license, sell, or authorize any third party use of the PQA without the express permission of Licensor.
   2. You may NOT sell the PQA or otherwise use the PQA for commercial purposes.
   3. You may NOT modify, translate, or create any derivative works or materials using any part of the PQA. Notwithstanding the foregoing,
   4. You may not incorporate or reference any portion of the PQA in any compilation or larger work in any medium.
   5. You may not sublicense, transfer, distribute, or otherwise permit access to the PQA to any unauthorized third party in any format.
   6. You acknowledge and agree that the PQA is licensed to You hereunder, not transferred or sold, and Your permission to access and view the PQA is at all times conditioned on Your full compliance with the terms of this Agreement.
   7. You are only allowed to use the PQA as described herein. No other entity, organization or individual may utilize Your copy of the PQA without the express written consent of Licensor. You are permitted to print or copy the PQA for use within Your organization provided this Agreement is provided with such copy. You acknowledge that any unauthorized use of the PQA in violation of this Agreement or any other written instructions provided by Licensor regarding the PQA shall constitute a material breach of this Agreement and a violation of Our proprietary rights in the PQA, as applicable.
3. FEES.
   1. A single instance or download of the PQA for the right to use the PQA is free.
   2. Licensor shall have no other obligation for any defective material.
4. RESPONSIBILITIES.
   1. You represent that:
      1. You are at least eighteen (18) years of age or the legal age of majority in Your jurisdiction (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (which You have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information to request the PQA.
      2. You will comply with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and data security with respect to Your receipt and use of the PQA.
      3. You shall:
      4. Use the PQA for Your organization’s sole benefit and not for the benefit of any third party. You shall assume all responsibility and risk for ensuring the effectiveness of the PQA, and for any outcomes or decisions made by You with reference thereto or in reliance thereon.
      5. Not make, provide copies of, or grant access to the use of any PQA outside of Your organization.
      6. Not do any act which alters or impairs the copyrights or trademarks of the PQA which are not specifically authorized by this Agreement.
      7. When using the PQA in accordance with the foregoing license, You shall not directly or indirectly (a) use the PQA to create any service, software or documentation that performs substantially the same functionality as the PQA, (b) disassemble, decompile, reverse-engineer, or use any other means to attempt to discover any source code, algorithms, trade secrets, or applications underlying the PQA or any of its webpages, content, or features, (c) encumber, sublicense, transfer, distribute, rent, lease, time-share, or use the PQA in any service bureau arrangement or otherwise for the benefit of any third party, (d) adapt, combine, create derivative works of, or otherwise modify the PQA, (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the PQA, (f) use or access the PQA for any unlawful, fraudulent, deceptive, tortious, malicious, or otherwise harmful or injurious purpose, (g) remove, obscure, deface, or alter any proprietary rights notices on any element of the PQA or accompanying documentation, or (h) use the PQA in any manner which interferes with Licensor’s ownership thereof any third party’s authorized use of the PQA.
   2. Licensor may, but is not required to, provide additional guidance and tools to You regarding the PQA.
5. PROPRIETARY RIGHTS. The PQA, as well as any text, graphics, logos, information, content, and images associated with the PQA or the compilation thereof, any proprietary materials used on or integrated with the PQA, and any derivative works, modifications, and enhancements of the PQA, whether prepared by You, Licensor, or a third party, are each the property of Licensor or its applicable third-party licensors and are protected by copyright and other domestic and international laws governing intellectual property and proprietary rights. Licensor reserves all rights in the PQA not expressly granted herein. You agree that You do not acquire any ownership rights in any part of the PQA under this Agreement or through Your use of the PQA, and that Your use of the PQA in violation of these terms shall constitute Your infringement of Licensor’s intellectual property rights. Licensor does not grant You any rights or licenses, express or implied, to any intellectual property hereunder except as specifically authorized by this Agreement.
6. TERM AND TERMINATION:
   1. This Agreement and Your use of the PQA are effective as of the date of download and shall continue thereafter unless terminated in accordance with this Section.
   2. In the event that either Party breaches this Agreement, the other Party shall, in addition to any other remedy it may have, have the right to terminate this Agreement, upon ten (10) days written notice. Termination by PJMF under this paragraph shall be without prejudice to any other remedy available to PJMF at law or in equity for Your breach.
7. CONFIDENTIALITY. You may be required to register an account to receive or use the PQA. Each registration is for a single user only, unless otherwise expressly agreed by Licensor. Registration for access to the PQA may also require access credentials, such as a username and a password, or adherence to other access requirements as designated by Licensor in its sole discretion from time to time. You hereby agree to treat Your access credentials as confidential and not to disclose such information to any third party without the prior express written consent of Licensor, which may be granted or withheld in its sole discretion. You shall immediately notify Licensor if You suspect or become aware of any loss, theft, or unauthorized use of Your login credentials. Additionally, You may use Confidential Information of Licensor solely in connection with the exercise of Your rights under this Agreement, and You shall exercise at least the same standard of care to prevent unauthorized disclosure or use of Confidential Information as You employ with respect to Your own information of a like nature, but in any event no less than a reasonable standard of care. ’The covenants contained in this Agreement shall survive the termination or expiration of this Agreement and shall apply regardless of whether this Agreement was terminated by lapse of time, by default, or for any other reason.
8. LIMITATIONS.
   1. LICENSOR MAKES NO WARRANTIES RELATING TO THE PRODUCTS EXPRESS, OR IMPLIED, AND EXPRESSLY EXCLUDES ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. NO PERSON IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION CONCERNING THE PQAS OTHER THAN AS PROVIDED IN THIS PARAGRAPH. LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE PQA WILL BE ERROR-FREE. THE PQA IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE PQA WILL MEET YOUR EXPECTATIONS, SPECIFICATIONS, OR REQUIREMENTS. IN NO EVENT SHALL LICENSOR BE LIABLE HEREUNDER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY LIABILITY, OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS AND/OR GOODWILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE OR IF LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY REMEDY PROVIDED HEREIN.
   2. In no event shall Licensor’s aggregate liability from or relating to this Agreement or the PQA (regardless of the form of action, whether contract, warranty, tort, malpractice, fraud and/or otherwise) exceed the amount actually paid by You to Us, or if there is no payment amount due from You to Licensor, then Licensor’s aggregate liability from or relating to this Agreement or the PQA shall not exceed ten dollars ($10). In no event shall Licensor be liable to You or any third party for any consequential special, indirect, incidental or punitive damages.
9. IDEMNIFICATION. You agree to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) Your violation of this Agreement, (b) Your infringement, misappropriation, or violation of any personal or proprietary rights of Licensor or of a third party, (c) Your violation of applicable laws, rules, or regulations, and (d) Your negligence or willful misconduct. Licensor reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Licensor in asserting any available defenses.
10. SUBCONTRACTING AND ASSIGNMENT. This Agreement shall be binding and inure to the benefit of the Parties hereto. Your rights are personal in nature and You shall not assign any of Your rights nor delegate any of Your obligations under this Agreement to any third party without Licensor’s express written consent.
11. YOUR REPRESENTATIONS. You have done your own investigation, due diligence and evaluations regarding the PQA and have made Your own independent determination of its value. No promises or representations have been made by Licensor or any of Licensor’s representatives or agents other than herein set forth. No modifications of the term hereof shall be valid unless made in writing and executed by both You and Licensor. You acknowledge that the content and information contained in or made available through the PQA cannot replace or substitute for the services of qualified professionals in any field. You acknowledge that You are solely responsible and accountable for Your decisions, actions, and results, and agree that Licensor shall not be held liable for any decisions made by You in reliance or with reference to any content or information within the PQA that You access.
12. MISCELLANEOUS.
    1. Independent Contractors. The Parties are independent contractors and nothing contained in this Agreement shall be constructed to create relationship of partners, joint ventures, employer-employee or franchise-franchisee. You acknowledge that You do not have, and shall not make any representations to any third party, either directly or indirectly, that You have any authority to act in the name of or on behalf of Licensor or to obligate Licensor in any way whatsoever except as expressly provided herein. You agree not to represent that You are an agent or representative of Ours and You further agree not to use the word “agent,” or any other designation, which might imply that Licensor is responsible for Your acts.
    2. Governing Law and Jurisdiction. The rights of the Parties and provisions of this Agreement shall be interpreted and governed in accordance with the laws of the District of Columbia and you agree that proper jurisdiction and venue shall be in the general courts of the District of Columbia.
    3. The failure of either Party to enforce, at any time or for any period of time, any provision of this Agreement shall not be a waiver of such provision or of the right of such Party thereafter to enforce such provision.
    4. This Agreement may be amended only by written instrument signed by representatives of both Parties.
    5. Hea The paragraph headings appearing in the Agreement are inserted only as a matter of convenience and reference and in no way define, limit, construct or describe the scope or extent of such paragraph or in any way affect such a paragraph.
    6. Cumulative The rights are cumulative and no exercise or enforcement by either Party of any right or remedy hereunder shall prelude the exercise or enforcement by the other of any other right or remedy hereunder which either Party is entitled by law or equity to enforce. Nothing herein contained shall be interpreted as to bar or waive the right to obtain any remedy available at law or in equity.

YOU REPRESENT, COVENANT, AND AGREE THAT LICENSOR HAS MADE NO REPRESENTATIONS OR WARRANTIES CONCERNING YOUR SUCCESS AND LICENSOR DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE SUCCESS OF THE PQA UNDER THIS AGREEMENT.

IN WITNESS WHEREOF, and by downloading and using the PQA, You agree to abide by all statements made herein.