This Elevate Standards Alignment Product Supplement applies to and governs one or multiple of Instructure’s Services identified on the Order Form as an Elevate Standards Alignment Service, which may include (i) access to Instructure’s proprietary data repository of Curriculum Standards (as defined below), the related Global Unique Identifiers (as defined below), and any metadata related to the Curriculum Standards or the Global Unique Identifiers (collectively, the “ESA Content”), and/or (ii) access to Instructure’s software as a service offerings used for access to the ESA Content (the “Content Management Systems” and, together with ESA Content, “Elevate Standards Alignment Products”).
- Definitions.
- “Curriculum Standards” means the compilation, capturing, and structuring of, and the taxonomies created by Instructure based on, the standards adopted by a state or other third party, which have been made available for use to the general public by such state or third party which define what a student must know, be able to do, or be proficient at, with respect to various subject areas or skill sets.
- “Global Unique Identifiers” means the 36-character identification numbers that are assigned to Curriculum Standards or any metadata related thereto.
- Elevate Standards Alignment License. Subject to the terms of this Agreement, Instructure grants to Customer a license to access and use the Elevate Standards Alignment Product offerings set forth on the Order Form solely for the term specified on the Order Form. Notwithstanding anything contained in Section 2 of the Agreement to the contrary, Customer may provide access to and permit use of the Curriculum Standards and/or Content Management Systems to its clients for use solely in conjunction with such client’s use of Customer’s products. In the event Customer’s client has purchased a license to use Global Unique Identifiers from Instructure, Customer may also provide access to and permit use of the Global Unique Identifiers to such client. For the avoidance of doubt, Customer shall be prohibited from providing access to, permitting use of, or otherwise sharing any Global Unique Identifier with any client or other third party unless such client or other third party has purchased a current license to use such Global Unique Identifiers from Instructure.
- Customer Elevate Standards Alignment Restrictions. ESA Content shall be considered Confidential Information for the purposes of this Agreement, and as such, Customer shall (and shall require its clients to) (i) keep all ESA Content and/or Content Management Systems confidential, (ii) not reproduce, copy, distribute, sublicense, lease, rent, loan or otherwise transfer to any third party (except as permitted by this Agreement) the ESA Content or Content Management Systems or any of the Customer’s rights to the ESA Content or Content Management Systems (including by way of creating Internet “links” or “framing” or “mirroring” any web-based ESA Content or Content Management Systems).