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Base license for the Borg RPE Scale® (English and Swedish): Borg_RPE_Scale

Base license for Borg CR Scale® (CR10) (English and Swedish): Borg_CR10_Scale

Base license for Borg centiMax Scale® (CR100) (English and Swedish): Borg_centiMax_Scale

Additional languages for the Borg RPE Scale®: ArabicChinese_TraditionalCzechDanishDutchFlemishFrenchGermanGreekHebrewItalianJapaneseKoreanPolishPortuguesePortuguese_BrazilRomanianRussianSpanishThaiTurkishVietnamese

Additional languages for the Borg CR Scale® (CR10): AfrikaansAmharicArabicArabic_IsraelBengaliBulgarianChinese_SimplifiedChinese_TraditionalCroatianCzechDanishDutch_BelgiumDutch_NetherlandsEnglish_AustraliaEnglish_CanadaEnglish_GBEnglish_New_ZeelandEnglish_South_AfricaEnglish_SwitzerlandEstonianFinnishFlemishFrench_France_UniversalFrench_CanadaFrench_BelgiumFrench_SwitzerlandGermanGerman_AustriaGerman_SwitzerlandGreekGujaratiHebrewHindiHungarianItalianItalian SwitzerlandJapaneseKannadaKoreanLatvianLithuanianMalayMalayalamMarathiNorwegianPolishPortuguesePortuguese_BrazilPunjabiRomanianRussian_RussiaRussian_IsraelSerbian_(Latin_letters)Sepedi_Sotho_N_South AfricaSesotho_N_South_AfricaSesotho_S_South_AfricaSlovakianSlovenianSpanish_Spain_UniversalSpanish_USSpanish_ColombiaSpanish_MexicoSpanish_ArgentinaSpanish_PeruSwahiliTagalogTamilThaiTurkishUkrainianUrduVietnameseXhosaZulu

Additional languages for the Borg centiMax Scale® (CR100): ArabicPortuguese_Brazil

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Country: ---CountryAfghanistanAlbaniaAlgeriaAmerican SamoaAndorraAngolaAnguillaAntarcticaAntigua and BarbudaArgentinaArmeniaArubaAustraliaAustriaAzerbaijanBahamas (the)BahrainBangladeshBarbadosBelarusBelgiumBelizeBeninBermudaBhutanBolivia (Plurinational State of)Bonaire, Sint Eustatius and SabaBosnia and HerzegovinaBotswanaBouvet IslandBrazilBritish Indian Ocean Territory (the)Brunei DarussalamBulgariaBurkina FasoBurundiCabo VerdeCambodiaCameroonCanadaCayman Islands (the)Central African Republic (the)ChadChileChinaChristmas IslandCocos (Keeling) Islands (the)ColombiaComoros (the)Congo (the Democratic Republic of the)Congo (the)Cook Islands (the)Costa RicaCroatiaCubaCuraçaoCyprusCzechiaCôte d'IvoireDenmarkDjiboutiDominicaDominican Republic (the)EcuadorEgyptEl SalvadorEquatorial GuineaEritreaEstoniaEswatiniEthiopiaFalkland Islands (the) [Malvinas]Faroe Islands (the)FijiFinlandFranceFrench GuianaFrench PolynesiaFrench Southern Territories (the)GabonGambia (the)GeorgiaGermanyGhanaGibraltarGreeceGreenlandGrenadaGuadeloupeGuamGuatemalaGuernseyGuineaGuinea-BissauGuyanaHaitiHeard Island and McDonald IslandsHoly See (the)HondurasHong KongHungaryIcelandIndiaIndonesiaIran (Islamic Republic of)IraqIrelandIsle of ManIsraelItalyJamaicaJapanJerseyJordanKazakhstanKenyaKiribatiKorea (the Democratic People's Republic of)Korea (the Republic of)KuwaitKyrgyzstanLao People's Democratic Republic (the)LatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMacaoMadagascarMalawiMalaysiaMaldivesMaliMaltaMarshall Islands (the)MartiniqueMauritaniaMauritiusMayotteMexicoMicronesia (Federated States of)Moldova (the Republic of)MonacoMongoliaMontenegroMontserratMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlands (the)New CaledoniaNew ZealandNicaraguaNiger (the)NigeriaNiueNorfolk IslandNorthern Mariana Islands (the)NorwayOmanPakistanPalauPalestine, State ofPanamaPapua New GuineaParaguayPeruPhilippines (the)PitcairnPolandPortugalPuerto RicoQatarRepublic of North MacedoniaRomaniaRussian Federation (the)RwandaRéunionSaint BarthélemySaint Helena, Ascension and Tristan da CunhaSaint Kitts and NevisSaint LuciaSaint Martin (French part)Saint Pierre and MiquelonSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSaudi ArabiaSenegalSerbiaSeychellesSierra LeoneSingaporeSint Maarten (Dutch part)SlovakiaSloveniaSolomon IslandsSomaliaSouth AfricaSouth Georgia and the South Sandwich IslandsSouth SudanSpainSri LankaSudan (the)SurinameSvalbard and Jan MayenSwedenSwitzerlandSyrian Arab RepublicTaiwan (Province of China)TajikistanTanzania, United Republic ofThailandTimor-LesteTogoTokelauTongaTrinidad and TobagoTunisiaTurkeyTurkmenistanTurks and Caicos Islands (the)TuvaluUgandaUkraineUnited Arab Emirates (the)United Kingdom of Great Britain and Northern Ireland (the)United States Minor Outlying Islands (the)United States of America (the)UruguayUzbekistanVanuatuVenezuela (Bolivarian Republic of)Viet NamVirgin Islands (British)Virgin Islands (U.S.)Wallis and FutunaWestern SaharaYemenZambiaZimbabweÅland Islands
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THIS LICENSE AGREEMENT (<Agreement>) is entered into by the Swedish company BorgPerception AB, Hantverksvagen 81, SE-184 32 Akersberga, Sweden (<BorgPerception AB>) and company as stated above (<Licensee>). This Agreement is entered as of the date when both parties have signed this agreement (<Agreement Date>). WHEREAS, BorgPerception AB has the exclusive right to market, license, and sell the products and services of Dr. Gunnar Borg, including the Scale (as defined below), to end users all over the world. WHEREAS, Licensee seeks to obtain a license to use the Scale (as defined below) with instructions certified by Dr. Gunnar Borg and Dr. Elisabet Borg (together, the <Scale>) in the languages as stated above. WHEREAS, BorgPerception AB desires to provide such license subject to and in accordance with the terms hereof; NOW, THEREFORE, in consideration of the premises and of the mutual promises and covenants herein contained, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. License. BorgPerception AB hereby grants to Licensee a limited, fully paid-up, non-exclusive, non-transferable, worldwide right and license to use the Scale in the language(s) as stated above for usage as stated above. Other than the license set forth herein, Licensee obtains no ownership or other interest in the Scale or other rights, technology, or products of Dr. Borg. 2. Copies of the Scale. In connection with such license, BorgPerception AB agrees to provide Licensee with pdf-files of the Scale in the language(s) as stated above as necessary for usage as stated above. Printed copies shall be used solely for usage as stated above and pdf-files shall thereafter be destroyed. After termination of the agreement, only an archive copy may be kept for future reference. The same applies for electronic versions. Licensee shall not, nor shall it permit its affiliates to, resell any printed or electronic copies or derivations thereof. 3. Publications. If the Scale is to be presented in any publication, a proper reference is required. Also, modifying the Scale instruction is not permitted. Upon publication Licensee shall add the following text in the Figure text or in close connection to the Scale (use applicable text depending on used scale): <The Borg CR scale (R) (CR10) ((C) Gunnar Borg, 1982, 1998, 2004).> or <The Borg centiMax scale (R) (CR100) ((C) Gunnar Borg & Elisabet Borg, 2001, 2002, Elisabet Borg,2007).> or <The Borg RPE scale (R) ((C) Gunnar Borg, 1970, 1998, 2017).> plus <Scale printed with permission. The scale and full instruction can be obtained through BorgPerception www.borgperception.se> 4. Education. If the Scale is to be used as a part of a curriculum or in teaching materials, a proper reference is required (see above). Students may also obtain one printed copy of the scale and instruction for personal usage during the course. 5. Compensation. In consideration for the license granted hereunder, and as a condition thereof, Licensee shall pay BorgPerception AB the fee as stated above. The products shall be delivered to Licensee within 10 days after the Agreement has been fully completed. If at any time the scope of the business work is materially enlarged beyond the currently anticipated parameters, Licensee shall provide notice to BorgPerception AB and negotiate with it for an increase in the licensing fee. 6. Ownership and Restrictions. The Scale and associated products and technology are protected by copyright and other intellectual property laws and international conventions. Licensee shall not, and shall not engage or knowingly permit others to: (a) use the Scale other than in its business work as described herein; (b) modify or otherwise amend the Scale; (c) prepare any derivative works based upon the Scale; (d) contest or challenge Dr. Gunnar Borg's intellectual property rights in the Scale; (e) sell, assign, sublicense, transfer, or distribute the Scale or any rights of Licensee hereunder; or (f) modify, obscure, or remove any proprietary notices on the files described herein or any printed copies thereof. 7. Warranties and Disclaimers. BorgPerception AB represents and warrants to Licensee that BorgPerception AB (i) is under no obligation to any third party that would interfere with or limit the grant of the license or provision of the Scale described herein or require the consent of any third party for such grant of the license or provision of the Scale, and (ii) has right to grant the license to use the Scale to Licensee as set forth in this Agreement. BorgPerception AB represents and warrants that the copyright and other intellectual property rights to the Scale are owned by BorgPerception AB. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, BORGPERCEPTION AB MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SCALE, ITS USE, OR ANY RESULTS OBTAINED THEREBY, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 8. Indemnification. BorgPerception AB agrees to indemnify and defend Licensee against any claims, allegations, judgments, costs, liabilities, penalties, expenses (including, without limitation, reasonable attorneys fees), or other losses resulting from a claim or allegation by a third party that Licensee's use of the Scale in a manner consistent with the terms of this Agreement violates the copyright or other intellectual property rights of such third party. Licensee agrees to indemnify and defend BorgPerception AB against any claims, allegations, judgments, costs, liabilities, penalties, expenses (including, without limitation, reasonable attorneys fees), or other losses resulting from a claim or allegation by a third party that Licensee's use of the Scale in any manner, inconsistent with the terms of this Agreement (other than in connection with an intellectual property issue described in the preceding sentence) violates the rights of such third party. 9. Relationship of the Parties. In fulfilling its obligations pursuant to this Agreement, each party will be acting as an independent contractor. Nothing contained in this Agreement will be construed to place the parties in a relationship of employee and employer, partners, joint ventures, or principal and agent. The parties further agree that this Agreement shall not constitute a franchise agreement under Swedish or any other law. If the parties relationship is deemed to be a franchise by a court or other judicial body, the parties hereto expressly agree to waive all rights and remedies which either of them may have due to any status as a franchisor or franchisee or pursuant to the application of any franchise laws, rules, or regulations. 10. Other Transactions. Nothing contained herein shall preclude BorgPerception AB from developing, using, licensing, or selling products or services to third parties that are similar in function, design, or otherwise to those provided hereunder. 11. Limitation of Liability. In no event shall BorgPerception AB be liable for any damages arising out of this agreement, other than damages arising out of any breach by BorgPerception AB of its warranties under Section 7 of this Agreement. 12. Miscellaneous. In performing this Agreement, each party covenants that it will comply with all applicable federal, state or local laws, regulations, rules, orders, and other governmental decrees. Any failure by a party to require strict compliance with any term of this Agreement will not constitute a future waiver of such term. No waiver will be enforceable unless embodied in a writing signed by the waiving party. This Agreement may not be modified except by a written instrument signed by the parties. The invalidity of any term of this Agreement shall not affect the validity of any other term and such invalid term shall be subject to partial enforcement to the extent permitted under applicable law. No party shall have the right to assign this Agreement without the prior written consent of the other parties. This Agreement shall inure to the benefit of and be binding upon the parties and their permitted successors and assigns. In the event of any suit or proceeding regarding this Agreement, the prevailing party shall be entitled to an award of its attorneys fees in connection with same. No suit, action, or other proceeding, regardless of form, arising out of this Agreement, may be brought by either party more than three (3) years from the Agreement Date. BorgPerception AB shall not disclose to any third party the details of this Agreement or the reason for which the Licensee has entered into this Agreement. 13. Electronic Signature. The parties agree that execution of this Agreement by e-Signatures (as defined below) shall have the same legal force and effect as the exchange of original signatures. Pursuant to this Agreement, e-Signatures shall mean a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with the electronic document, that (a) is unique to the person making the signature; (b) the technology or process used to make the signature is under the sole control of the person making the signature; (c) the technology or process can be used to identify the person using the technology or process; and (d) the electronic signature can be linked with an electronic document in such a way that it can be used to determine whether the electronic document has been changed since the electronic signature was incorporated in, attached to or associated with the electronic document. 14. Governing law and jurisdiction: This Agreement shall be governed by the laws of Sweden. Any disputes arising out of or in connection with this Agreement shall be finally settled by the public courts of Sweden with the District Court of Stockholm as the court of first instance. 15. Subscription. Licensee can choose to have a yearly subscription or to have a one year license. For subscriptions the fee from second year is reduced and additional languages are free of charge. A subscription is automatically renewed each year. A subscription may be terminated by either party at the latest 1 moth before the beginning of a new subscription period. There is no refund of payed period. Upon termination of this Agreement, Licensee shall destroy all copies of the scale. See also section 2. Copies of the Scale. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date when both parties have signed this agreement.

THIS AMENDMENT TO LICENSE AGREEMENT with reference as stated above (herein referred to as <Amendment No. 1>) is made and entered into as of the the date of the last signature on this license agreement (the <Effective Date>), by and between company as stated above (herein referred to as <Licensee>), and the Swedish company BorgPerception AB, with the address Hantverksvagen 81, SE-18432 Akersberga, Sweden, each herein referred to individually as <Party> and collectively as <Parties>. 1. This Amendment No. 1 shall serve as an amendment to the License Agreement as stated above (the <Agreement>), by and between BorgPerception AB and Licensee. Except as expressly modified hereby, the Agreement shall continue in full force according to its terms. Capitalized terms not otherwise defined in this Amendment No. 1 shall have the meaning ascribed to such term in the Agreement. 2. The Parties agree to expand the scope of the License for use in the additional languages as specified above. 3. Section "Copies of the Scale" is accordingly revised in accordance with the additional languages listed above and BorgPerception hereby agrees to provide Licensee with digital PDF files setting forth the Scale and instructions in the/all requested language/s. 4. Section "Compensation" is hereby revised to add additional compensation for the additional languages referenced above in this Amendment No. 1. In consideration of the additional countries and languages referenced above, Licensee shall pay BorgPerception AB an additional fee as stated above. The digital files setting forth the Scale and instructions in the additional languages shall be delivered to Licensee within ten (10) days after the above-described payment is made to BorgPerception AB. 5. This Amendment No. 1 shall inure to the benefit of and be binding upon the Parties hereto and their respective heirs, successors, trustees, transferees and assigns. 6. This Amendment No. 1 may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 7. Electronic Signature. The parties agree that execution of this Agreement by e-Signatures (as defined below) shall have the same legal force and effect as the exchange of original signatures. Pursuant to this Agreement, e-Signatures shall mean a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with the electronic document, that (a) is unique to the person making the signature; (b) the technology or process used to make the signature is under the sole control of the person making the signature; (c) the technology or process can be used to identify the person using the technology or process; and (d) the electronic signature can be linked with an electronic document in such a way that it can be used to determine whether the electronic document has been changed since the electronic signature was incorporated in, attached to or associated with the electronic document. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, have caused this Amendment No. 1 to be executed and delivered by their proper and duly authorized officers effective as of the day and year first above written.