FLI-P® Printables Terms and Conditions

Functional Listening Index – Paediatric (FLI-P®) – Conditions of Use

The Functional Listening Index for Paediatric (FLI-P®) has been designed to assist the tracking and monitoring of a child’s listening skills in everyday situations. It has been developed for parents, caregivers and health professionals to use with children from birth through to 6 years of age. It is based on clinical research conducted by the HEARing CRC and The Shepherd Centre since 2013.

Use of the Functional Listening Index-Paediatric must be in line with the Conditions of Use (the Conditions) (see below).

Conditions of Use for the Functional Listening Index – FLI™

Background

A. TSC (referred to after this as ‘we’ or ‘us’) owns the Functional Listening Index assessment tools (which includes the Functional Listening Index-Paediatric; abbreviated as FLI™ and FLI-P® and referred to in these Conditions as ‘the tools’) to assist a user of the tools (which may include health professionals and families) (referred to after this as ‘you’) to assess the listening skills of children.

B. Cochlear has supported the development of these tools.

C. These tools have been developed based on professional experience with children with hearing loss and the development of their listening skills. Concurrent and convergent validation studies have demonstrated that the tools identify the expected differences between groups of children with hearing loss. The tools have been shown to have predictive validity of children’s later language scores and have been found to be valuable in clinical management for children with hearing loss.

Conditions

We provide you with a restricted license to use these tools subject to all of the following conditions:

1. We provide you with a worldwide, royalty-free, non-exclusive, non-transferable license to use and communicate these tools in a non-digital, printed or handwritten format, solely for the purposes of assessing and monitoring the listening skills of children, by:
   a. using the tools to conduct listening assessments;
   b. using the tools as a checklist to measure a child's progress with listening over time; and
   c. undertaking academic or clinical research with the FLI-P.
   
   
2. We retain all rights not expressly granted to you by these Conditions.
   
   
3. Except as expressly granted to you by these Conditions:
   a. you may not sublicense your rights under these Conditions and any attempted sublicence in contravention of these Conditions is void;
   b. nothing in these Conditions gives you any right, title or interest in these tools; and
   c. your use of these tools does not provide you with any ownership or rights to these tools or to any derivatives of them.
   
   
4. You must only use the tools in accordance with the instructions in the tools.
   
   
5. You must not:
   a. vary the text or the construction of the tools;
   b. develop, incorporate or adapt the tools for use in an any electronic or digital system without our prior written permission;
   c. use these tools commercially without our prior written permission; or
   d. vary these Conditions without our written permission.
   
   
6. If you make public any data that is generated through the use of the tools, you must:
   a. notify us in writing prior to publication of that data; and
   b. acknowledge the FLI-P® on any materials, publications or presentations that include that data.
   
   
7. You acknowledge that the tools may be modified as further research and experience develops in respect of their use, but we are under no obligation to provide you with any updates to the tools.
   
   
8. You acknowledge that, except as expressly agreed by us in writing, you have determined that the tools are suitable for their purpose and:
   a. the tools are not medical or diagnostic;
   b. these tools have not been overseen, assessed or approved by a health care regulator;
   c. you use these tools at your own risk;
   d. we have no obligation to ensure that there are no defects or deficiencies in the tools;
   e. we do not provide any warranty as to the suitability of these tools for any individual child;
   f. you have not relied on any pre-agreement or implied representations or warranties;
   g. we do not represent or warrant that your use of the tools will not infringe any third party’s rights; and
   h. we are not required to defend or initiate any intellectual property infringement or other claims against or by a third party.
   
   
9. You warrant that you are not a Cochlear Competitor.
   
   
10. If you become a Cochlear Competitor, you must notify us in writing immediately.
    
    
11. If you are (or become) a Cochlear Competitor, on our receipt of the notice under clause 10 the licence provided to you in accordance with these Conditions will terminate immediately.