PASCO Scientific’s version of OpenSciEd Curriculum EULA

PASCO Scientific (hereafter referred to as “PASCO”) is committed to supporting science teachers with the tools they need to create dynamic, interactive, and data-driven learning environments. PASCO’s derivation was designed to remain true to the format and purpose of anchor-based instruction provided in OpenSciEd while gaining the benefits of student-measured data that is automatically logged onto tables, graphs, and analysis tools. All edited material is the sole property of PASCO and will be allowed usage for classroom experiences to those who purchase such access through PASCO Portal®.

The End User License Agreement (EULA) for PASCO’s derivation of the OpenSciEd Science Curriculum. This “Agreement” is between you and PASCO Scientific, 10101 Foothills Boulevard, Roseville, CA 95747-7100 USA and supplements the CC-BY-NC License. Nothing in this Agreement is intended to limit or otherwise restrict uses of the Curriculum Materials permitted under the CC-BY-NC License.

If you are an individual entering into this agreement on behalf of, or for the benefit of, any corporation, partnership, organization or other entity with which you are associated (“Organization”), then you are agreeing to these terms on behalf of such organization for which you represent and warrant that you have legal authority to bind such organization to this agreement. References to “you,” “your” and “Licensee” in this Agreement will refer to both the individual entering into this Agreement and to any such Organization to whom they belong.

It applies to any Commercial Use of the Licensed Materials (as defined below) under the CC-BY-NC license, which includes several important terms:

Section 1 – Definitions.

  1. “Adapted Material” refers to material subject to Copyright and Similar Rights that are derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor.
  2. “Copyright and Similar Rights” refers to copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For the purposes of this Public License, the rights specified in Section 2 are not Copyright and Similar Rights.
  3. “Commercial” means primarily intended for or directed towards commercial advantage or monetary compensation.
  4. “Curriculum Materials” refers to the artistic or literary work, database, curriculum materials, course materials, textbooks, teaching guides, study guides, tests, test answers, practice materials, kit lists (i.e., materials required for experiments), or other materials adapted by PASCO or made available by OpenSciEd to you.
  5. “Distribute” means to distribute, share, provide or otherwise make available the Licensed Materials or access thereto to any third party.
  6. “End User” refers to any student, teacher, school district, employee or other individual, organization or entity to which Licensee makes available the Licensed Materials hereunder.
  7. “Effective Technological Measures” refer to those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
  8. “Exceptions and Limitations” refers to fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
  9. “Licensed Material” refers to the artistic or literary work, database, or other material to which the Licensor applied this Public License.
  10. “Licensed Rights” refers to the Curriculum Materials and the Modified Curriculum Material.
  11. “Licensor” refers to the individual(s) or entity(ies) granting rights under this Public License.
  12. “Share” means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  13. “Sui Generis Database Rights” refers to rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
  14. “You” and “your” refer to the individual or entity exercising the Licensed Rights under this Public License. “We” refers to PASCO regarding our edits of the curriculum or OpenSciEd when referring to original unedited materials in the curriculum.
  15. “Semester” in any given year refers to the periods of (i) July 1st through December 31st; and (ii) January 1st through June 30th.

Section 2 – License Conditions.

  1. License Type. The original curriculum is licensed under the Creative Commons Attribution 4.0 International License (CC-BY-4.0) by OpenSciEd. This derivation of OpenSciEd (“PASCO’s OpenSciEd”) is licensed through PASCO which hereby grants to Licensee an organizational, non-exclusive, non-sublicensable right to (i) reproduce, distribute, make available, publicly display, publicly perform, and otherwise use the Curriculum and (ii) create Modified Curriculum Materials for their school/organizational use only.

    Acceptance of the Terms of Use. These “Terms of Use” apply to your use of PASCO’s OpenSciEd available through PASCO Portal to access and distribute PASCO’s OpenSciEd to your teachers/employees, including any content, functionality and services offered on PASCO Portal.

  2. End Users. You hereby agree that you are responsible for all End Users, their access to and use of the Licensed Materials and their compliance or failure to comply with the terms of this Agreement. Without limiting the foregoing, the parties understand that any use of the Licensed Materials by an End User shall be considered a use by Licensee hereunder and any breach by an End User of the terms of this Agreement shall be considered a breach by Licensee hereunder.
  3. No Endorsement. Nothing in this Agreement shall be construed as permission to assert or imply that local edits to PASCO’s OpenSciEd endorses or is otherwise connected with (i) Licensee or any End Users, entities, institutions, and organizations with which Licensee is affiliated.
  4. Ownership. Curriculum Materials. OpenSciEd and PASCO own and retain all rights, titles, and interests (including all intellectual property rights) to the Curriculum Materials from OpenSciEd and Modified Curriculum Materials from PASCO.
  5. Unauthorized Use. In addition to any other remedies available to it, if PASCO determines that Licensee’s use of PASCO’s OpenSciEd is not within Licensee’s rights under the CC-BY-NC License or this Agreement, PASCO may, in its sole discretion: (i) terminate the CC-BY-NC License and/or this Agreement; (ii) require Licensee to cease and desist such unauthorized use; (iii) require that Licensee pay any fees that would have been previously been due hereunder; and/or (iv) require that Licensee license PASCO’s OpenSciEd on terms that accurately reflect Licensee’s use of such Curriculum Materials.
  6. Patents and Trademarks. Licensee acknowledges and agrees that Patent and trademark rights are not licensed to Licensee under this Agreement.
  7. Term and Termination.

    1) Term. This Agreement will commence on the Effective Date and continue until the expiration date in the purchase agreement or in effect until either party terminates this Agreement in accordance with provisions herein (the “Term”).

    2) Termination.

    1. PASCO’s OpenSciEd, in the event of Licensee’s breach of any term of this Agreement, will provide Licensee thirty (30) days to cure such breach. If the breach is not cured within thirty (30) days, PASCO may immediately terminate this Agreement.
    2. Insolvency. This Agreement will terminate automatically (A) upon the institution by or against Licensee of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of Licensee’s debts that is not dismissed within ninety (90) days of being filed or instituted; (B) upon Licensee making a general assignment for the benefit of creditors as a result of its inability to pay its debts as they come due; or (C) upon Licensee’s dissolution, winding up or ceasing to conduct business in the normal course, without a solvent successor to this Agreement.

    3) Effect of Termination. Upon any termination of this Agreement, a licenses and rights granted to Licensee under this Agreement will automatically terminate, all outstanding Fee payments will become immediately due and payable to PASCO and Licensee will (i) promptly lose all access to PASCO’s OpenSciEd. Destroy all copies in its possession; and (ii) cease all use of the Curriculum Materials.

    4) Please read the Terms of Use carefully before you start using PASCO Portal’s access to resources herein, because by using PASCO Portal to access PASCO’s OpenSciEd you accept and agree to be bound and abide by these Terms of Use. Should you disagree with some of the provisions herein, you can contact us at info@pasco.com or choose not to use the curricular materials contained within the Website.

Section 3 – Changes to PASCO OpenSciEd from the Original.

  1. Attribution. PASCO’s derivative of OpenSciEd is based on original works of OpenSciEd described at the website: www.openscied.org. Changes made to the original document were only to instruct users in the processes of gathering data using PASCO’s instrumentation in place of equipment normally encouraged for the teacher to create by hand. PASCO acknowledges that sharing the open-source license in no way suggests the licensor endorses our version over their version in use1. OpenSciEd has thoroughly reviewed the content and approves that the intent of the lessons is acceptably similar in intent to lead students through the process of science as intended by the original documents.

    You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. An example of this attribution is:

    “This curriculum has been adapted by PASCO Scientific from the OpenSciEd High School Curriculum originally developed and authored by The OpenSciEd Project of the National Center for Civic Innovation. © 2023 NATIONAL CENTER FOR CIVIC INNOVATION. It is licensed under the Creative Commons Attribution Non-Commercial 4.0 International License (CC-BY-NC) and the License for Commercial Use of Curriculum Materials v1.0"

  2. Prohibited Uses. The EULA prohibits unauthorized distribution, sale, or modification of the curriculum without explicit permission from PASCO. Educators should feel empowered to use, modify, and reuse these resources within the classroom's licensed atmosphere.
  3. Ownership and Rights. PASCO retains ownership of their specific derivation and any accompanying software or documentation.
  4. Support and Updates. PASCO may provide updates and support at their discretion, which may be subject to additional terms.
  5. PASCO Portal Updates. We reserve the right to update PASCO Portal to access PASCO’s OpenSciED and these Terms of Use from time to time, at our discretion and without notice. Your continued use of PASCO Portal following the publishing of updated Terms of Use means that you accept and agree to the changes.

Section 4 – Individual Features and Services.

When accessing PASCO OpenSciEd from PASCO Portal, you will be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time.

Section 5 – Disclaimers of Warranty, Limitations of Liability, and Indemnification.

Your use of PASCO Portal to access PASCO’s OpenSciEd is at your sole risk. The service is provided “as is” and “as available.” We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Portal, and you agree to defend, indemnify, and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Portal. Because the Portal is not guaranteed to be error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your property or information.

Section 6 – Severability and Waiver.

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitute the entire agreement between you, PASCO, and OpenSciEd, and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Use). If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Section 7 – Indemnification.

Licensee will indemnify, defend and hold harmless PASCO from and against claims arising out of or related to (a) any modifications, updates or changes to the Curriculum Materials made on behalf of Licensee; (b) the combination or use of Licensed Materials with materials not furnished by PASCO; (c) use of, or access to, the Licensed Materials by any End Users; or (d) any negligent act or omission by, or willful misconduct of, Licensee, its employees or agents.

Section 8 – International Access.

PASCO’s OpenSciEd is provided from the United States and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of PASCO Portal.

Section 9 – Governing Law and Jurisdiction.

These Terms of Use and any dispute or claim arising out of, or related to them, shall be governed by, and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of the State of California.

If you have any questions or concerns, please contact us at info@pasco.com