Copyright clearance center supplement
These terms and conditions (“Supplement”) supplement the terms which govern you and your school’s use of Amplify’s mCLASS® Beacon™ Assessment Studio products (“Products”), which enable the creation of K-12 state- or federally-funded assessments within United States school districts (“Assessments”).
Amplify has contracted with Copyright Clearance Center, Inc. (“CCC”) for the use of certain copyrighted materials in CCC’s Student Assessment License content repertory (“Licensed Content”) in Assessments and related teaching materials (“Related Materials”) developed or administered through Amplify’s products. The following additional terms apply to the use of the Licensed Content as part of Assessments and Related Materials created, provided and/or administered by Amplify or by Customer under the Agreement (to the extent of any conflict between Amplify’s terms related to the Licensed Content and this Supplement, the terms of this Supplement shall prevail):
Customer and its participating schools may use the Licensed Content only as follows:
(a) Customer may store copies of Assessments and Related Materials containing Licensed Content within Customer’s electronic network solely for access and use in the administration of Assessments as authorized under the Agreement, as supplemented hereby.
(b) Customer may make available or distribute Licensed Content to schools and to students (including home-schooled students) within the Customer’s district solely as part of Assessments and Related Materials, in any number required by the relevant school (subject to the limitations set forth in this Supplement and any additional limitations set by the relevant copyright rights holder (each, a “Rightsholder”)) and communicated to Customer by Amplify.
(c) After an Assessment which includes Licensed Content is conducted and scored, Customer may, unless otherwise restricted, make copies of such Assessment (in whole or in part) available for review by parents, school administrators, teachers and staff, and relevant school/district employees and officials.
The authorizations provided above:
(a) do not include any right to manipulate or change the Licensed Content (or any portion thereof) in any way;
(b) except as expressly described above, do not include any right to make available or distribute the Licensed Content (or any portion thereof) to any person, or for any purposes beyond those described above;
(c) except as expressly described above, do not authorize any person other than Customer or Amplify to create, deliver or otherwise provide Licensed Content to Customer or to its schools, students, administrators, or to any other persons; and
(d) are subject to any additional limitations which are set forth in any written agreement between Amplify and Customer, and/or which are set by the relevant Rightsholder and communicated to Customer by Amplify.
No rights are granted to use the Licensed Content except as expressly provided above.
Reservation of rights
Customer acknowledges and agrees that CCC and the Rightsholders are each an intended third party beneficiary of this Supplement and, to the extent applicable, of the Agreement, with full rights to directly enforce the terms hereof and thereof.
This Supplement shall be in effect during Customer’s licensed use of the Products, and shall terminate automatically on the termination or expiration thereof; provided that:
(a) any rights to use the Licensed Content shall automatically terminate on termination of the Student Assessment License contract between Amplify and CCC, subject only to any provisions thereof pertaining to the continued use of existing Assessments as communicated by Amplify to Customer;
(b) CCC, on behalf of Rightsholders, shall have the right to immediately suspend or terminate the use of all or part of the Licensed Content by Customer or its participating schools in the event of a breach of the terms of this Supplement which is not cured promptly after written notice thereof is provided to Customer.
Notwithstanding anything to the contrary in Amplify’s terms or in this Supplement, in the event that CCC requires Amplify to remove Licensed Content from the Student Assessment License repertory for a legal reason such as libel, infringement, or potential to cause harm, such work will be removed from the Amplify Agreement, and Amplify shall promptly remove (and/or ensure the removal of) any copies of such Licensed Content from subsequent Assessments (and to the extent applicable, existing Assessments) and no further use will be allowed.
This Supplement shall be governed and construed under the laws of the State of New York, without regard to the principles thereof of conflicts of law.