CK-12 Foundation

Curriculum Materials License

Last Updated: February 16, 2021

1. Definitions
   1. “CK-12 Foundation” means the CK-12 Foundation, with websites located at ck12.org and ck12info.org.
   2. “Curriculum Materials” means the artistic or literary work, database, curriculum materials, course materials, textbooks, teaching guides, study guides, tests, test answers, practice materials, or other materials to which Licensor has applied this Curriculum Materials License.
   3. “Distribute” means to distribute, share, make available, or otherwise provide the Curriculum Materials or Modified Curriculum Materials or access thereto to any third party.
   4. “Distribution” means the Curriculum Materials or Modified Curriculum Materials that You Distribute to a third party.
   5. “Educational Purposes” means solely the following purposes:
      1. If you are a student, for your own education.
      2. If you are a parent or guardian, to educate your children or wards.
      3. If you are a teacher, non-profit educational institution (including schools) or school district, to educate your students.
      4. If you are an individual tutor, to provide tutoring services to students, provided that (1) you are not employed by a third party to provide tutoring services on their behalf, and (2) you provide feedback to CK-12 regarding the Curriculum Materials to improve student outcomes at [email protected].
   6. “Licensor” means the individuals or entities who license the Licensed Rights to You.
   7. “Modified Curriculum Materials” means a derivative work of or work that is based on the Curriculum Materials (whether or not in combination with other works, materials, or content).
   8. “Moral Rights” means any right to claim authorship of a work, any right to object to any distortion or other modification of a work, and any similar right, existing under the law of any country in the world.
   9. “You” means the individual or entity exercising the Licensed rights under this Curriculum Materials License.
2. License
   1. Grant. Subject to the terms and conditions of this Curriculum Materials License, Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, revocable license to: (i) use, reproduce, and Distribute the Curriculum Materials, in whole or in part; and (ii) create, reproduce and Distribute Modified Curriculum Materials, in each case, solely for Educational Purposes only.
   2. Modifications. As a condition to the license grant in Section 2.a, You may use Modified Curriculum Materials solely for Educational Purposes only.
   3. No Endorsement. Nothing in this Curriculum Materials License may be construed as permission to assert or imply that Licensor, the CK-12 Foundation, or other contributors to the Curriculum Materials sponsor, endorse, or are otherwise connected with You or the entity or institution that You represent.
   4. Prohibited Uses. You may not use the Curriculum Materials for any purposes other than Educational Purposes, including, by way of example and not limitation: (i) for any commercial purposes (unless you are an individual tutor not employed by a third party for such tutoring purposes); (ii) in order to build or train artificial intelligence or machine learning algorithms or models, including by collecting or analyzing data regarding user interactions with the Curriculum Materials; (iii) to create new content (including derivative works of the Curriculum Materials) using automated means; (iv) if you are an aggregator of content, to distribute through your own online or offline services or any third-party online or offline services; or (v) if you are a for-profit educational institution or for-profit tutoring business, as part of your educational offerings, whether such offerings are for free or for a fee. If you wish to use or Distribute the CK-12 Foundation Curriculum Materials for non-Educational Purposes, you must obtain the express written permission of the CK-12 Foundation. To request permission, please contact the CK-12 Foundation at [email protected].
   5. Order of Precedence. If you have previously received the Curriculum Materials under another license, then you acknowledge and agree that this Curriculum Materials License supersedes the previously-granted license in its entirety, and that the previously-granted license is of no further force and effect.
3. Other Rights
   1. Moral Rights. Moral Rights are not licensed to You under this Curriculum Materials License. To the extent possible, Licensor waives and agrees not to assert any Moral Rights it may have in and to the Curriculum Materials solely to the extent necessary to allow You to exercise the Licensed Rights.
   2. Patents and Trademarks. Patent and trademark rights are not licensed to You under this Curriculum Materials License.
4. Conditions to the right to Distribute
   1. Notices. If you Distribute the Curriculum Materials or Modified Curriculum Materials in any form, the Distribution must:
      1. include a copy of this Curriculum Materials License; and
      2. if the Distribution contains Modified Curriculum Materials, contain prominent notices identifying the modified portions and stating that You have modified the Curriculum Materials.
   2. Attribution. Except as otherwise expressly permitted under this Curriculum Materials License, You must keep intact, and You may not modify or remove, any notices, disclaimers, or attributions included in or provided with the Curriculum Materials. In addition, where you make the Curriculum Materials or Modified Curriculum Materials available, you must provide attribution to the CK-12 Foundation in accordance with the CK-12 attribution guidelines, available at https://www.ck12info.org/attribution-guidelines.
   3. License. If you Distribute the Curriculum Materials or any Modified Curriculum Materials in any form, the entire Distribution must be licensed under the terms and conditions of this Curriculum Materials License (or any later version, at Your election), and you must include the text of this Curriculum Materials License or a URL or hyperlink to the text of this Curriculum Materials License along with the Distribution. You may not offer or impose any additional or different terms or conditions that, or take any measures to, restrict the exercise of the rights granted under the Curriculum Materials License.
   4. Third-Party Content. Certain text, images, or other content included in the Curriculum Materials (“Third-Party Content”) may have been provided to Licensor by third parties pursuant to a separate license agreement. Your use of Third-Party Content is subject to the applicable license agreement for that content and not this Curriculum Materials License.
5. No Representations and Warranties; Limitation of Liability.
   1. Disclaimer.UNLESS OTHERWISE MUTUALLY AGREED BY THE LICENSOR IN WRITING, LICENSOR OFFERS THE CURRICULUM MATERIALS AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO THE CURRICULUM MATERIALS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE CURRICULUM MATERIALS WILL BE ERROR FREE, AND DOES NOT PROMISE THAT ANY SUCH ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU.‌
   2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR OR THE CK-12 FOUNDATION BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE CURRICULUM MATERIALS OR YOUR USE THEREOF, EVEN IF LICENSOR OR CK-12 FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
6. CK-12 Foundation.
   1. Grant to CK-12 Foundation. If You Distribute the Curriculum Materials or any Modified Curriculum Materials, You hereby grant, and shall grant, to CK-12 Foundation and its successors and heirs, a worldwide, irrevocable, perpetual, royalty-free, fully paid-up license to use, modify, make derivative works of, reproduce, distribute, publicly perform, publicly display, make, have made, sell, have sold, import, or otherwise exploit the Distribution, in any and all media or transmission facilities and in any formats, whether now known or hereafter created.
   2. Right to Enforce. CK-12 Foundation is an express third-party beneficiary of this Curriculum Materials License and shall be entitled to enforce the provisions of this Curriculum Materials License as if it were a party hereto.