This LearnPlatform Product Supplement applies to and governs Instructure’s Service identified on the Order Form as LearnPlaftorm Evidence as a Service, LearnPlatform EdTech Effectiveness Solution and LearnPlatform EdTech Essentials.
- To the extent applicable, Instructure will provide Customer with those LearnPlatform Evidence-as-a-Service subscriptions set forth in the Order Form (collectively the “EaaS Deliverables”). The EaaS Deliverables shall be completed within the subscription period as noted in the Order Form. Upon expiration or non-renewal of the EaaS Deliverables, Instructure shall have no further obligation to provide any EaaS Deliverables.
- EaaS Deliverables include research studies for the purpose of evaluating Customer products in relation to the Every Student Succeeds Act (“ESSA”) (each a “Research Study”). Instructure is not responsible for the Results of such Research Studies and Instructure does not warrant that the Results will meet or exceed a specified ESSA tier. Unless otherwise explicitly stated in this Agreement or the Order Form, Customer acknowledges and agrees that Instructure is not responsible for the recruitment of school districts or local education agencies on behalf of the Customer for the purposes of Research Studies.
- Customer acknowledges and agrees that all rights in and to the EaaS Deliverables, and the results, conclusions, analyses, reports and insights generated by Instructure (the “Results”), are the sole property of Instructure, and are made available to Customer solely for Customer’s use and solely as permitted by the terms of this Agreement. Customer shall not at any time do or omit, or suffer to be done or omitted, any act or thing which may impair Instructure’s rights in and to the EaaS Deliverables or the Results.
- Instructure may also grant Customer the right to use one or more certification statements or logos provided by Instructure to indicate that Instructure has assessed Customer’s product and confirmed that the product meets certain qualities and standards as determined by Instructure (each an “ESSA Badge”). In the event Customer elects to use the ESSA Badge in connection with the marketing, sale, promotion or distribution of its product, Customer shall conspicuously place the ESSA Badge on the LearnPlatform listing that features and describes the product. The use of the ESSA Badge shall at all times be subject to the quality standards and requirements of Instructure. Customer shall at all times use the EaaS Deliverables and ESSA Badge in a manner that is not false, misleading or injurious to the goodwill or reputation of Customer or Instructure. Customer shall (i) refrain from making any representations or claims about the Results or ESSA Badge that are outside the scope of the Results and the applicable EaaS Deliverables; (ii) ensure that any and all distributors, dealers, resellers, and retailers of Customer’s products adhere to these same requirements; and (iii) shall not misrepresent or alter the ESSA Badge. In the event Customer breaches this provision, Instructure may terminate Customer’s right and license to use the EaaS Deliverables and/or ESSA Badge upon written notice.
- Any and all rights granted by Instructure herein related to Customer’s use of the EaaS Deliverables shall terminate upon the expiration or termination of the applicable Order Form. Notwithstanding the foregoing, Customer may use ESSA Badges after such expiration or termination solely to the extent that such use remains in strict compliance with the terms of this LearnPlatform Product Supplement.